Brexit and the UK Community in Spain: Rights and Concerns

BREXIT AND THE UK COMMUNITY IN SPAIN
DISCUSSION DOCUMENT PRESENTED BY EUROCITIZENS TO THE BRITISH
AMBASSADOR TO SPAIN
MADRID, 9 FEBRUARY 2017

1
EuroCitizens Brexit and the UK community in Spain
February 2017
EuroCitizens is an association formed by a group of UK citizens living, working and
studying in Spain. We are greatly concerned about our future here and that of
Spanish citizens living in the United Kingdom. With the vote in favour of Brexit, we
have become bargaining chips and now face years of uncertainty and the loss of our
existing rights as European citizens.
Our aim is to defend the European citizenship rights of UK nationals in Spain
and Spaniards in Britain, specifically the freedom to live, work and study
throughout the EU. We are determined to keep a more open and tolerant Europe.
We are coordinating our activities with other similar citizen groups around Europe:
“"Españoles en el Reino Unido", “European Movement UK" and “Movimiento
Europeo España”, as well as various groups of British residents in Spain.
Our first public event, held on Tuesday 29 November, 2016 in Madrid, was an
informative session about the position of UK and Spanish citizens affected by Brexit
and was attended by nearly 100 people. Sarah-Jane Morris, the British Consul in
Madrid talked about the potential impact of Brexit on British nationals. William
Chislett, journalist and researcher with the Real Instituto Elcano, spoke about the
petition for dual nationality that he started with Giles Tremlett of The Guardian.
We are now preparing a public event to be held on March 8, in the European
Parliament offices in Madrid, with British and Spanish speakers, with the
purpose of increasing visibility on the implications of Brexit for Spaniards and UK
nationals, before the Government’s announced triggering of Article 50 at the end of
March 2017. The event will focus on the implications of Brexit for the freedom of
movement and the rights to live, work and study in Europe”. Speakers at the
event include Ignacio Sánchez Amor, Vocal de la Comisión del Brexit del Congreso
de los Diputados (the Spanish Parliament) Robert Robinson, Vicedecano de
Relaciones Internacionales de la Universidad de Pontificia Comillas and Ralph
Smith, International Counsel of the legal firm Goméz-Acebo & Pombo Abogados.
You can find out more about EuroCitizens and contact us:
e-mail: Eurocitizens2016@gmail.com
Facebook https://www.facebook.com/EuroCitizens-1119482284794200/
Twitter: @EuroCitizens99

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February 2017
Blog: Eurocitizens2020.blogspot.com.es
Brexit and the UK community in Spain
Introduction …………………………………… 3
The Human Cost ……………………………… 4
Right of abode ………………………………….. 5
Right to work and do business in Spain……. 7
Healthcare ………………………………………. 9
Pensions ………………………………………. 10
Right to Study …………………………………. 11
British Education in Spain ………………. 12
Political Rights ………………………………. 15
Returning to the UK …………………………. 16

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February 2017
Introduction
Since the accession of Spain to the European Union in 1986, with the exception of
some voting rights, UK citizens in Spain have enjoyed exactly the same rights and
obligations as their Spanish neighbours.
Our right to live, work, do business, study, marry and have children here has never
been questioned. Some of us are even councillors in our local communities.
All of this is about to change drastically with the departure of the United Kingdom
from the European Union.
The changes in the situation of UK citizens in Spain will be brought about mainly by:
- European law or its derogation with regard to UK citizens in Europe as a
result of Brexit
- Agreement or otherwise between the UK and the European Union on the
terms of British disengagement
- Any bilateral agreements between the UK and individual EU countries post-
Brexit
- External factors such as exchange rate movements reflecting political and
economic developments
- Unilateral action by the British government (e.g. policy on pension payments
to pensioners who remain in the EU).
The principal issue for all UK citizens is the continued right of abode in their EU
country of adoption (the right to remain as it has been christened elsewhere), as it is
for all EU citizens who have made their home in the UK. In most cases, our
residence predates the appearance of Article 50 in the Treaty of Lisbon. The rights
we currently enjoy and which helped persuade us to move away from our home
countries did not have an expiry date stamped on them. We urgently need
reassurances about this most basic of rights.
Having said that, the right to abode in Spain is meaningless without all the other
accompanying rights that make our continued presence in Spain feasible, whether
this is the right to work, study, do business or continue to draw the pensions towards
which we have contributed throughout our working lives.
The Prime Minister has said that “no deal for Britain is better than a bad deal for
Britain”. No government would deliberately inflict pain and suffering on its own
citizens but it could easily do so unwittingly if it is not made aware of the likely
consequences of an uncontrolled Brexit on the UK expat community resident in the
European Union. This document attempts to reflect what the likely consequences of
“no deal” would be for the British community in Spain, unless the UK government
acts unilaterally or in concert with others to mitigate these effects before the break
becomes permanent.

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February 2017

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February 2017
The human cost
Issues:
- Forced repatriation
- Break-up of families
- Break-up of communities
Affects:
- All UK residents in Spain
Concerns at the personal level:
A falling pound, any freezing of UK pensions, the loss of rights to reside, work or run
a business in Spain are all factors that could potentially force large numbers of
expats to relocate back to the UK, decimating the communities they leave behind
and forcing them to start afresh in the "old" country where many will feel strangers
after a long absence because many of their old friends will have died or moved away
and the landscape of the cities and towns they grew up in will have changed.
Organic communities of UK expatriates, Spaniards and other nationals, have grown
up all over Spain with their many charitable associations, amateur dramatic
societies, choirs, sports clubs and other interest groups. If these communities
become eroded by the enforced return to the UK of many of their members, the
trauma of disruption would hit not only those who have to leave against their will but
also those who stay behind. The uncertainties of the situation are already causing
great concern across the whole expat community in Spain, especially as no one can
be certain about what the outcome will be for them personally.
Enforced return to the UK will be even worse for the victims of the Spanish property
slump with many holding negative equity mortgages on houses and flats that are
now difficult or impossible to sell. Even those lucky enough to sell, will never be able
to be able to acquire a property in the UK anything like the one they sold before
moving to Spain, given that property prices in both countries have moved sharply in
opposite directions.
In some cases, some forced returnees will have to leave behind their Spanish-born
children and in some cases grandchildren.
A large-scale exodus will also impact on the many plumbers, electricians, gardeners,
butchers, bakers and web-page makers who mainly serve the British expat
community. Many will also be forced to pack their bags and return to the UK
following in the footsteps of their departing customers.

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February 2017

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February 2017
Right of Abode in Spain
Issue:
- The right to remain in Spain after Brexit and freedom of movement within the
EU
Affects:
- All UK nationals in Spain
At present, the entire population of UK residents in Spain is entitled to live here as
EU citizens under EU law (Directive 2004/38) and they presently constitute a
homogeneous whole. However, that homogeneity will disappear once Brexit kicks in
unless the current status quo is maintained.
Then, UK expats would subdivide into one of the following groups:
- Those who had lived here already prior to Spanish accession to the EU and
had already acquired residential rights. This right was evidenced by a
“Residencia” ID card which was suppressed as unnecessary once all UK
citizens had the right to live in Spain under EU law;
- Those who had lived here already prior to Spanish accession to the EU but
had not formalised their right to reside here;
- Those who arrived post-accession with the right to abode guaranteed under
EU law;
This latter group can be further subdivided into three categories:
• Those who registered as EU residents and have renewed their
registration after five years;
• Those who have registered as EU residents but who will not have
lived here for the full five years when Brexit becomes effective;
• Those who have lived here without registering as EU residents.
At the moment, there is no clarity as to whether all residents will be treated in the
same way or, if differentiation between the categories is applied, what conditions
might be applied for continued residence in Spain to the members of each category.

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February 2017
Many long-term residents may be able to rely on Council Directive 2003/109 post
Brexit, which would allow them to apply for a right of “long-term residence” as non-
EU nationals. However, unlike the right of permanent residence granted to EU
citizens, which is automatic after living legally and continuously in a EU country for
five years, there are conditions attached to this application. In addition to proving
five years’ residence, they must be able to prove that they have “stable and regular
economic resources” to support themselves and their families without recourse to
social assistance and health insurance in respect of all risks normally covered for
nationals of the EU country where they reside. Moreover, there may be integration
requirements attached e.g. language and other requirements. Finally, the rights
attached to this right of residence are far more limited than those acquired by EU
citizens with permanent residence.
In summary, no member of the UK community in Spain feels that they have any
certain guarantee to remain in Spain once the UK is no longer a member of the
European Union.
Moreover, although some UK citizens may be in a position to apply for Spanish
citizenship (fulfilling conditions specified by the Spanish government), in Spain dual
nationality is not allowed with the United Kingdom. The choice between retaining UK
citizenship (and the practical difficulties when living in Spain) and applying for
Spanish citizenship would be difficult and even traumatic: most UK citizens are proud
of their origins and would not want to give up the citizenship of their birth, and the
practical problem of continuing to obtain access to the UK if they do so.

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February 2017
The right to work and do business in Spain
Issues:
- Work permits
- Right of establishment (self-employment or running companies, agencies etc.)
- Recognition of qualifications
- Public-sector employment
- Benefits
Affects:
- All workers, whether self-employed or employed by a third party
- Benefit claimants
- Employers.
Workers and employers
- Will I now need a work permit to stay in my current job?
- Even if I don’t need a work permit to stay where I am, will I need one if I
change my job?
- My business is focussed mainly on the UK expat community and many of my
staff are UK nationals. Will I have to apply for work permits for them all, once
the UK leaves the EU?
- If their applications are rejected, will I have a legal obligation to dismiss them
against my will and who will be liable for compensation if I am then sued for
unfair dismissal?
- I have a seasonal need for temporary staff with UK experience and/or
qualifications. Will I need work permits for these workers too?
- I run a business in Spain, employing Spanish (and other) staff. Will I still be
allowed to run the business? Will I need a specific permit? If I am not allowed

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February 2017
to continue to operate the business, will the UK government compensate me
for inevitable costs of dismissal and closing down the company, or selling it at
a loss?
- My qualifications to practise a regulated profession (e.g. doctor, dentist,
nurse, veterinary surgeon, teacher, lawyer, architect, auditor, etc.) were
recognised under European Directives. Will that recognition be maintained or
will I have to re-apply as a non-EU national?
- Will I have to undertake and pay for expensive further studies to re-qualify in
my profession in order to comply with Spanish regulations?'
- I got my current, public-sector job (e.g nurse, teacher, fireman, ambulance
driver, municipal worker) through an “oposición” or competitive examination
open to Spanish and other EU nationals. Will my “oposición” result still stand
once I am no longer an EU national? Will I be entitled to sit further
examinations to get promotion with the public sector?
- I am a registered self-employed professional (lawyer, translator, English
teacher, consultant, etc.) with the freedom to offer my services to people and
companies within Spain. Will I continue to enjoy this right post-Brexit? If I am,
will I have to apply for a permit and under what conditions?
- Will my cumulative pension rights acquired in two or more EU countries
continue to be recognised?
- I have worked in Spain for several years but I am now out of work/unable to
work through illness and I am currently receiving an unemployment/
disability allowance through the Spanish social security system. Will I
maintain my rights to receive such allowances once I am no longer an EU
citizen?

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February 2017
Healthcare in Spain
Issues:
- Future healthcare arrangements
- Uninsurability of older UK citizens
- Risk of no health cover at all for some UK citizens
Affects:
- All UK residents except for those already covered within the Spanish health
service
- Will the current healthcare arrangements for UK citizens in Spain remain in
force, after Brexit?
- Will the European Health Insurance Card (EHIC) still be valid for British
citizens resident in Spain when visiting the UK?
- If, on the contrary, UK residents in Spain lose their right to healthcare from the
Spanish health services I may be forced to take out private medical
insurance but:
o Will I be able to afford it?
o Will I be able to find an insurance company willing to take me on at my
age or in my state of health?
- Could I ever find myself in a position in which no government accepts
responsibility for my care, even though I may have contributed to the health
system of the “wrong” country all through my working life?

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February 2017
 
Pensions
Issues:
- Risk of reduced pensions due to the exchange rate
- Risk that the UK government might freeze pensions
- Aggregation of pension rights acquired in two or more EU countries
Affects:
- All UK pensioners and all UK workers with future pension rights
- If the pound continues to fall, will it be enough for me to carry on living in
Spain?
- Will the UK government continue to update my pension in line with inflation
or will it freeze my pension the way it already does for people in most other
countries such as Australia, New Zealand or Canada?
- The abolition of the winter fuel allowance, even for UK nationals living in the
higher, colder parts of Spain, contributes to nervousness about this issue.
- Will my past years of pension contributions in the UK and other EU countries
continue to be aggregated when calculating my entitlement to a pension?
Will my future contributions also be recognised?

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February 2017
Right to study
Issues:
- Freedom to study in the UK or other EU countries
- Possible increase of fees at universities for some students
- Loss of funding for Erasmus +, research and other programmes
- Recognition of European and UK academic qualifications
Affects:
- University students (even if they do not study abroad, recognition of
qualifications is still an issue)
- Trainees
- Participants in the Erasmus + scheme for education, training, youth and sport
- How will Brexit affect the options of UK citizens in Spain who want to study
in the UK? Will they be treated as international students and pay
international student fees, and will the NHS cover them?
- Will UK students already studying in Spain or other EU countries have to pay
different fee levels post Brexit? Similarly, would Spanish students now be
classified as international students and pay higher fees at UK universities?
- If the UK leaves the EU, UK students already studying at University will not be
eligible to apply for Erasmus semesters or Erasmus Masters schemes.
- If and when the UK leaves the European Union, UK students and universities
will no longer have access to EU funding, whether to cover Erasmus studies,
research or other programmes.
- How will Brexit affect the recognition of European academic qualifications
of UK students, who already hold an Erasmus degree certificate?
- If a UK student decides to stay in the European country in which they were
studying, when they have finished their study program, will their rights to
access job-seeking benefits be affected?

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February 2017

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February 2017
British education in Spain
Issues:
- Recognition of school-leaving qualifications
- Work permits for teachers and other staff at British schools and British-owned
language schools
- UK university fees for pupils at British schools in Spain
- Potential closure of large numbers of British schools and language schools in
Spain
Affects:
- ≈ 50,000 schoolchildren
- 120 British schools
- ≈ 4,000 English language schools, 403 of which are members of the
Federación Española de Centros de Enseñanza de Idiomas (FECEI)
- Several thousand teachers and other school employees
Concerns for schoolchildren and their parents
At the last count, there were 120 British schools in Spain. They teach some 50,000
children from the UK, Spain and other countries, employ several thousand British
teachers and transmit British values, while their pupils sit UK public examinations at
GCSE and Advanced level. Their pupils (of all nationalities) account for a large
percentage of UK undergraduates coming from Spain.
UK school qualifications are currently recognised in Spain under legislation
encompassing all EU countries and non-EU countries with whom Spain has signed a
mutual recognition accord (currently only China). Post-Brexit, new Spanish
legislation will be required if UK qualifications are to maintain their current status.
Some of the reasons why the parents of these schoolchildren are worried
- There is only one British school in my area. If it closes as a result of Brexit, my
child will lose his/her chance to have a British education.

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February 2017
- In a few years’ time. my children will be sitting UK examinations. By then, will
their qualifications still be recognised in Spain?
- If their qualifications won’t be recognised in future, what is the point of sending
them to a British school?
- Even if their qualifications are recognised, I won’t be able to send my child to
a UK university if its fees increase to a level I can’t afford as a result of Brexit.
I might as well send my child to a Spanish school if he’s going to go to a
Spanish university anyway.
Why British school owners and their staff are worried
Recruitment
Because British schools in Spain teach to the English National Curriculum, most of
their teachers are UK nationals who currently do not need a work permit.The
recruitment of staff for each new academic year happens when schools have a good
idea of how many teachers they will need to replace others who are retiring or
moving on. Supply teachers are taken on as and when needed and the only limits
are cost and availability.
If, in future, UK citizens have to apply for work permits (usually a lengthy process)
judging new staffing needs in time will become extremely problematic and with no
guarantee that the permits will actually be granted. Supply teachers are normally
taken on to replace staff absent through sickness or for some other reason and the
need is therefore unpredictable. It is difficult to imagine a work permit system
sufficiently flexible to respond to this kind of need within a practical time frame.
Recognition of qualifications
If the UK leaves the EU, we shall probably need new Spanish legislation or a mutual
recognition accord between Spain and the UK for our school qualifications to remain
valid for public sector employment purposes and for entry to Spanish universities.
Continued recognition of UK school qualifications is essential to the survival
of all UK schools in Spain.

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February 2017
The principal examination boards in Spain are Cambridge International examinations
(CIE) and Pearson (heirs to London University Examination Board), followed by
AQA. In 2016, over 7,000 candidates in Spain were entered for more than 23,000
examinations.
Fee status of Spain-resident children at UK universities
One of the many attractions of the British schools in Spain is the large numbers of
pupils of all nationalities who go on to study at UK universities. These students
currently enjoy Home Student status, their fees are capped at £ 9,250 per annum
(2017 rate) and they are entitled to an income-contingent loan to cover their fees. If
they go to Oxford or Cambridge, they are exempt from college fees. If, as a result of
Brexit, they became Overseas Students, they would have to pay:
- the Overseas Student rate
- college fees at Oxford and Cambridge
- pay all fees up front as they would have no loan entitlement
The following chart illustrates what this would mean for a typical spread of
universities and courses at 2017 rates:
Overseas Student Tuition
Fees 2017/2018
Economic
s
Chemistr
y or
Similar Medicine*
College
fees**
Imperial College N/A £28,000 £38,500 N/A
Middlesex £11,500 £12,000 N/A N/A
Manchester £17,000 £21,000 £38,000 N/A
Oxford £18,080 £23,190 £31,935 £7,350
Cambridge £16,608 £25,275 £40,200
£5670-
£7980
Edinburgh £17,700 £23,200 £49,900 N/A
Cardiff £15,080 £18,980 £33,540 N/A
Queen's University, Belfast £18,521 £23,060 £44,035 N/A

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February 2017
* The fees shown are for the Clinical years. The first two years of a Medicine degree
tend to be
classified as pre-Clinical and tuition for these years is generally charged at a lower
rate.
** The cost of college fees has to be added to the tuition fees for each
course.
The fees shown are in Pounds sterling per year and they may be increased yearly to
take
into account inflation.

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February 2017
Political rights
Issues:
- The right to vote in Spain
- The right to stand as candidates in municipal and European elections
- General disenfranchisement in both countries
Affects:
- All UK adults of voting age in Spain
- I lost my right to vote in UK elections after an absence of more than 15
years. Although different governments have promised to restore my British
rights, nothing has happened so far and I was unable to vote in the
referendum. At present, my only voting rights are now limited to municipal and
European elections but I look likely to lose even these rights once the UK
leaves the European Union, leaving me as a totally disenfranchised voter but
a totally liable taxpayer. Will the British government either legislate or
negotiate to ensure that I will be able to vote in either Spain or the United
Kingdom?
- I am municipal councillor in my Spanish village elected until 24 May 2019,
just before or just after the likely date of the UK’s departure from the EU. If
Brexit happens before new elections, will I have to stand down as councillor?
- If Brexit is timed to happen after the new round of municipal elections, will I be
allowed to stand as a candidate?

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February 2017
Returning to the UK
Issues:
- Forced return to the UK because of economic circumstances or a loss of the
right of abode in Spain
Affects:
- All UK residents in Spain
What awaits returning expats who have been out of the country for several
years?
- If I lose my right to remain in Spain as a result of the UK’s leaving the EU,
or if I retain my right of abode but have to return to the UK for financial
reasons (reduced income, loss of the right to work, difficulties in running a
business on the grounds of nationality, etc.):
- Will I continue to be entitled to claim the same rights that I enjoyed before I
left the country (such as healthcare on the NHS (especially if if I have been
contributing to the Social Security in another EU country for a large part of my
working lifetime), income support, housing benefit or Disabled Living
Allowance)?
- I have private medical insurance in Spain in addition to the normal public
health service cover as an EU citizen. Will this private cover be transferable
back to the UK (I am probably too old (or chronically ill) to take out a new
private health policy with another insurer)?
- I have funeral insurance with a Spanish company. Will it cover me for a
funeral back in the UK?
- With the property crash in Spain, most of us have houses that are now
worth less than what we paid for them.

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February 2017
- Even so, there is no guarantee that we shall all find buyers within the
available time frame.
- Those of us who have no mortgage and do manage to find a buyer will still
find it difficult to re-enter the UK property market so when we go back our
accommodation options will be severely limited.
- Most of those with mortgages find ourselves saddled with have negative
equity on our properties. Even if we manage to find a buyer or, worse still, if
our houses are repossessed, we shall continue to owe money to the banks
and will have no funds with which to buy property back in the UK.
- The trauma of enforced repatriation is likely to produce severe mental and
physical health problems, as well as added responsibilities for our UK-
based families.
- The majority of returnees for economic reasons will be at the low end of the
income spectrum - will they be entitled to the allowances and other income
support that applies to their compatriots that never left the county?
- Will their families get support if they have to house and feed returning
expatriates with limited financial means?
- Will I even be returning to the UK or some other country if Scotland votes
to leave the Union and/or Northern Ireland merges with the Irish Republic?
- All of these issues are internal ones to be resolved unilaterally by the UK
government and full information and reassurances should not need to await
the outcome of disengagement negotiations.
----------------------------------------------------------------------------------------------------------------
Once upon a time:
“The holder of this (British) passport is entitled to remain in Spain for six months …”
Could it happen again?

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February 2017

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