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CLARIFICATION ABOUT THE WITHDRAWAL AGREEMENT

Posted: Sun Dec 15, 2019 9:47am
14 replies562 views4 members subscribed
chrisso50

chrisso50

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Following the December 2019 General Election there is alot of misinformation flying around so I'm posting this British In Europe item. This applies to British citizens that are resident in all EU countries, including Spain obviously! 

From BiE

"A BIT OF CLARIFICATION ABOUT THE WITHDRAWAL AGREEMENT

“I'm picking up that there is a bit of confusion about the Withdrawal Agreement and what happens to it if there should be no trade agreement by the end of the transition period. So here's a quick clarification.

1.  Given the large Tory majority, it's almost certain that the current Withdrawal Agreement (WA) will be passed by the UK parliament in January, or possibly even sooner. It then has to be ratified by the European Parliament, but it's pretty much a given that the UK will leave the EU on 31 January 2020 and the WA will come into force then.

2. The citizens' rights chapter of the WA remains largely unchanged from the original Theresa May version, and it's this that will cover the future rights of British people who are legally resident in an EU27 country on the last day of the transition period. It's EU wide, and although each EU27 country will institute its own procedures for residence cards etc, they cannot alter the provisions of the WA. 

3. Most of our rights remain unchanged until the end of the transition period. This includes freedom of movement, so it will still be possible to move from the UK to the EU during that period. We do however lose the right as EU citizens to stand and vote in local and European elections on Brexit day itself.

4. The media has been talking for some time about the possibility of 'no deal' at the end of transition - i.e. if there is no trade agreement and the UK ends up crashing out of the EU on WTO terms. However - and this is important - the Withdrawal Agreement would remain in place as an international treaty and the rights that it includes for us would remain covered. They cannot be removed even in the absence of a trade agreement. Once the Withdrawal Agreement is in force, we will be covered by it for our lifetimes whatever happens with future negotiations and would not default to the no deal plans put in place by our host country [Spain]. So please don't think that the rights it covers for us are temporary - they're not and will cover you for your lifetime.

“If you want a quick brush up on exactly what the WA does (and doesn't) cover, have a look at this article written recently for France Rights - it's equally applicable for Spain.”

https://www.francerights.info/2019/11/whats-big-deal-part-1-what-does-draft.html

And if you want to read the Oct 2019 WA itself, it's here (541 pages): 

http://bit.ly/2RQkaPB

Chris

BobL

Posted: Sun Dec 15, 2019 10:36am

BobL

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Posted: Sun Dec 15, 2019 10:36am

Hi,

Here's a conundrum.that bothers me. My wife & I hold UK Passports but are legally Resident in Spain & have been since 2003. 

We have travelled extensively thru Europe in our motorhome which is a Spanish vehicle. Will the 90rule involve us when we travel from Spain into the wider EU & does that start as of 31/1 (or whenever) or after the negotiation period?

Any help would be appreciated,

Bob and Sandra

chrisso50

Posted: Sun Dec 15, 2019 10:49am

chrisso50

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Posted: Sun Dec 15, 2019 10:49am

BobL wrote on Sun Dec 15, 2019 10:36am:

Hi,

Here's a conundrum.that bothers me. My wife & I hold UK Passports but are legally Resident in Spain & have been since 2003. 

We have travelled extensively thru Europe in our motorhome which is a Spanish vehicle. Will the 90rule involve us when we travel from Spain into the wider EU & does that start as of 31/1 (or whenever) or after the negotiation period?

Any help would be appreciated,

Bob and Sandra

Hi Bob!

To the best of my knowledge you have until the end of the Transition period (Dec 2020) before the 90 days restriction affecting freedom of movement for U.K. citizens resident in a EU country starts to apply. So if you travel across the border into France (for example) on 31 Dec 2020 you would need to be back in Spain by 31 March 2021. Of course you and I know that there are no border controls along the A7 into France but spot checks in France do happen so it’s better to be safe rather than sorry!

Chris

BobL

Posted: Sun Dec 15, 2019 10:56am

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Posted: Sun Dec 15, 2019 10:56am

Hi,

But would I/ we be classed as UK or Spanish Resident/s?

Bob and Sandra

chrisso50

Posted: Sun Dec 15, 2019 11:44am

chrisso50

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Posted: Sun Dec 15, 2019 11:44am

BobL wrote on Sun Dec 15, 2019 10:56am:

Hi,

But would I/ we be classed as UK or Spanish Resident/s?

Bob and Sandra

Bob - I was in error in message (above) when I said UK (British) residents! I have edited it but what I meant was U.K. citizens that are legal Spanish residents

So you and I have the same status: UK citizen and Spanish resident but - as we are no longer ‘EU citizens’ after the Transition period ends - we won’t have the FoM rights we formerly had.

So if you and your motorhome are stopped by French 🇫🇷 police in Perpignan (say) after 31 March 2021 and they can prove you have been outside Spain 🇪🇸 for more than 90 days (that might be hard!) then because you are a U.K. citizen 🇬🇧 you would be deemed to be in breach of the EU freedom of movement regime which limits free travel to 90 days for non-EU nationals. They would most likely fine you heavily but might also deport you back to Spain...

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Marie52

Posted: Sun Dec 15, 2019 1:48pm

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Posted: Sun Dec 15, 2019 1:48pm

Hi Chris 

We hope to move to Spain before the end of the transition period 31/12/2020.

I have read your article with interest. Am I to understand that you have to be living in Spain for 30 days before you are “legally” resident. Does this mean that we would have to arrive in Spain 30 days before the transition period ends ?

Kind Regards

Marie 

Marie52

Posted: Sun Dec 15, 2019 2:17pm

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Posted: Sun Dec 15, 2019 2:17pm

Hi Chris 

I think I have my figures wrong ! So you have to be living in Spain for 90 days before you are legally resident. So does this mean we have to move to Spain before the end of September 2020 ?

Kind Regards 

Marie

chrisso50

Posted: Sun Dec 15, 2019 4:00pm

chrisso50

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Posted: Sun Dec 15, 2019 4:00pm

Marie52 wrote on Sun Dec 15, 2019 2:17pm:

Hi Chris 

I think I have my figures wrong ! So you have to be living in Spain for 90 days before you are legally resident. So does this mean we have to move to Spain before the end of September 2020 ?

Kind Regards 

Marie

Hi Marie

No - you can organise a residencia appointment as soon as you arrive here and have an address, and you must register as resident within 90 days of arriving here.

Firstly, you need to obtain a padron certificate from your local town hall (ayuntamiento) and have to take accommodation evidence to get it, along with your passport. There is no charge for this. The evidence is either a Spanish rental contract or property deeds if you have purchased a property.

There is more information elsewhere on this site on the process of applying for residencia - this thread-post is really about the Withdrawal Agreement specifically. But you will need to get here before December 2020 and ensure you can meet the current annual income requirements. After Transition in Dec 2020 those requirements will change and four times as much annual income will be required.

Chris

Marie52

Posted: Sun Dec 15, 2019 5:22pm

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Posted: Sun Dec 15, 2019 5:22pm

Thanks Chris 

Will I find the current income requirements on the Residencia  part of this website ?

chrisso50

Posted: Sun Dec 15, 2019 6:51pm

chrisso50

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Posted: Sun Dec 15, 2019 6:51pm

Yes, it’s about €5,800 per person per annum. Check out ‘Residency’ on this thread:

Padron, residencia and passport advice

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