31 December is fast approaching - don't leave it till the last minute to act!
Super helpful member
On 23 June 2016, 52% of those who voted in the Brexit referendum voted to leave the EU. Did they realise they were actually voting away their own rights? I doubt that they knew what it exactly entailed and how it would affect our futures here in Spain.
On 31 January 2020 we UK citizens ceased to belong to the EU but a grace 'Transition' period was given until 31 December 2020 to allow us to get our paperwork sorted in Spain to be able to live here as legal residents.
I am trying to write this from a neutral point of view and just give the information but if anybody can explain to me the benefits of the UK leaving the EU then I am all ears because to date nobody has been able to do so!
On 1 January 2021 we become third country nationals, a term generally used to denote a citizen of a country that does not belong to the EU, nor is a citizen of Iceland, Lichtenstein, Norway or Switzerland and is not to be confused with third world country! Up until then, as EU citizens, it has long been our right to free movement to live in any other EU country - all we had to do was register. But from that date on, it will no longer be our right so to live in the EU - we have to ask permission of the country which can obviously be declined! So if you think ‘Spain can’t afford to lose us’ or ‘Spain won’t do anything’ then be it on your head. The UK’s departure from the EU is going to create a deficit in the already depressed Spanish economy given the hardships of Covid-19 and certainly Spain will be needing to claw back some of that money by maybe imposing fines where they have been lenient in the past, or not so accepting of the costs of our medical care when an illegal ‘resident’ (living here for several years!) proffers his no longer valid EHIC card as payment for his costly medical treatment. So you really must get sorted before the end of the year and time is running out especially since December has 3 national holidays and only skeleton staff in public administration from about 21 December which starts the rundown to Xmas.
So, to enable you to continue to live here you will need to ensure that you have a green residency or the TIE (no need to change your green residency for the TIE though), medical insurance or S1 as a UK State pensioner and your UK driving licence exchanged for a Spanish one if you want to be able to drive here after 31 December.
At the moment throughout most of Spain a non-working non-UK State pensioner has to show approximately €6,000 pa income. Third country nationals in Spain currently have to prove an annual income of around €26,000 to remain legally resident and that could be a problem for some British pensioners who arrive here after 31 December and who will lack cover from the UK for State medical care after 31 December. Third country nationals also tend to be rather disadvantaged in the workplace so don’t expect to walk into a job. And those Brits who work across the EU travelling from one country to another will be subject to even more bureaucracy post-Brexit.
There is a big group of ‘swallows’ who spend the winter months here every year and may even own a second home here who will be affected by the 90 days in any 180 days Schengen rule. I have heard some say that they will 'pop over to Gibraltar, Portugal or France for a few days' to overcome this rule but they fail to understand that they must leave the Schengen zone for the next 90 days before returning.
I am also still hearing some say ‘Nobody knows what will happen'. And 'we’ll wait to see what happens’. What are you waiting for? Our citizens' rights are already secured in place from the 2019 Withdrawal Agreement, we do know what is happening! But you do need to get yourselves sorted legally if you wish to remain here as a resident in 2021.
During the last 4 and a half years there have been some quite unbelievable stories. One lady had paid a year up front for a medical insurance that was not valid for her to obtain residency because it did not cover all potential heath conditions. She had shopped around for the cheapest (I understand that) but it was sadly a false economy. Another, presumably again to save money, had their UK bank statements translated by a Spanish neighbour and this was not accepted because the neighbour is not a court-approved translator. A man owned a car-valeting company and picks up the very swish Porsches, Rolls Royces, Lamborghinis etc to take them away to valet them and then return them to their owners. ‘I presume you have a Spanish driving licence’? ‘No, and I have been stopped several times but the police never so much as even batted an eyelid at my UK driving licence.’ If he takes a look at that EU flag on his UK licence it indicates he is an EU citizen. He cannot use it here any more! One man recently asked exactly what he needed to do. He was sent a long list of what is required to get a first TIE and to exchange his driving licence. His reply? ‘I cannot meet the financial requirements, I have no private medical insurance nor own a property here so will just carry on as I have done for the past couple of years.’ How naive or hopeful some Brits actually are. You can take a horse to water but ...’
To reiterate: to do nothing is not an option, you will fall foul of the Spanish authorities and be fined and worse - may have to leave Spain. So, to enable you to continue to live here you will need to have a green residency or a TIE (no need to change your green residency for the TIE though), medical insurance or an S1 as a UK State pensioner and a Spanish driving licence (if you want to be able to drive here after 31 December).
Thanks are due to Anne Hernandez of Brexpats in Spain for the above...
Chris