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Petition online for government to allow joint UK-Spanish nationality to Brits following Brexit
Friday, July 8, 2016 @ 7:34 PM

A PETITION on Change.org is calling for the Spanish government to allow dual nationality to Brits living in Spain after 10 years of residence.

Set up by Giles Tremlett and William Chislett, the petition - which gathered over 3,000 signatures in its first two days - points out that a 'Brexit' could leave British nationals living in Spain in legal limbo, which may lead to many deciding they had no choice but to become Spanish.

Although Spain allows dual nationality to anyone from its former colonies including the Latin American countries, the Philippines and Equatorial Guinea, as well as natives of Portugal and Andorra, citizens from anywhere else in the world have to renounce their nationality of birth in order to obtain a Spanish passport.

Britain, by contrast, allows Spaniards living there to become dual UK and Spanish citizens after five years.

To obtain Spanish nationality, applicants - except those from the aforementioned countries, who only have to wait two years, or anyone married to a Spaniard for at least a year - need to have lived in Spain for 10 years and take a 'cultural test', which covers brief outlines of the political structure, famous people, basic geography and day-to-day law.

Where the applicant's native language is not Spanish, they are required to take a test, but the level is lower than many expats imagined - on the European scale which ranges from A1, or elementary, to C2, which is completely bilingual, the citizenship language test is set at A2, or a good GCSE standard.

This means anyone with an AS-level in Spanish (B1), an A-level or first-year degree level (B2) or a degree (C1) in Spanish, or can speak, write and understand it to these standards, will sail through.

The petition cites two typical families: the Smiths have been living in Spain for 30 years, since Spain joined the EU, and have paid taxes in the country all that time, and their daughters were born there, went to State-run schools in Spain and have now gone to university in the UK, but with the intention of returning to their home country to live and work; and the Sánchez, good friends of the Smiths, who have lived in the UK for many years but will be able to resolve their 'Brexit issues' easily with joint nationality.

It asks whether the Smiths would be allowed to still earn their pensions if they had to spend a while living in the UK, and whether they would be allowed back into Spain to live, as well as whether their years of 'paying into the system' in Britain would count towards their Spanish State pension.

Also, it asks whether their daughters, who hold British passports, would be allowed to return to Spain, their home, and work.

These problems reflect many mentioned by petition-signers: If a British national resident in Spain had to go to the UK for a couple of years to care for an elderly parent, with the intention of returning to Spain; where children born in Spain to Brits live and work in both countries; whether, if the children moved to the UK when they left home, they would be able to return to live nearer to their parents several years down the line, and many other scenarios which are exclusive to expatriates from outside the EU who started their families in their adopted country.

Read more at thinkSPAIN.com



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6 Comments


grapow said:
Saturday, July 9, 2016 @ 8:07 AM

Great idea except wherever one sets the time threshold there will always be people who fall annoyingly the wrong side of the line. In our case by the anticipated date of leaving EU, we shall have lived here for 9 years plus, although we have owned a place in Spain since 2000. Thus year our joint tax bill will be circa 11,000€, would the Hacienda really boot us out (and people like us) and lose tax income?


terradas said:
Saturday, July 9, 2016 @ 12:14 PM

What is the difference between the thousands of people from non-EU countries who have lived in Spain for many years, and the Brits who will soon also be non-EU members ? Will the former suddenly become Persona non Grata, andd suffer contraints that they have never suffered in the past just because Britain is no longer in the Eu ?


grahaminspain said:
Saturday, July 9, 2016 @ 12:47 PM

Good idea but l think it may fall down when you start thinking of the vast majority of brits. I am ok. I am married to a Domincana and spanish is the first language in our house. In my experience the vast majority of brits want to learn the lingo but dont. They are here for the weather and lifestyle etc but as much as they say they want to, l think the intergration just doesnt happen. I think the case of Mr smith with children is very valid but going to be difficult in the case of the average mr retired brit in the sun. Only my opinion.


grapow said:
Saturday, July 9, 2016 @ 2:25 PM

In my opinion there is little chance we will be bounced out of Spain, the main issue is healthcare. My understanding is that non EU citizens do not get state healthcare.


AlanR555 said:
Saturday, July 9, 2016 @ 5:19 PM

Venturing into the nationality issue just complicates
things. What is needed is a class of visa.

However the inclusion of Spain within the Schengen
area means that Spain cannot create such a class of
visa on a unilateral basis.

Agreement will be needed among the continuing
27 EU states but the gist could be:

a) Each EU state could issue a Resident visa with
a validity of up to ten years.

b) The Resident visa would permit travel within
all of the Schengen area but would NOT give
any benefits or right to work in any EU state
except that of the orginator.

c) The orginating country (eg Spain) would have
complete discretion over the issue of such
Resident visas and the terms attached to them
(either in general or in specific cases) apart
from the common Schengen-related terms.

d) Resident visas would need to be recorded in
the passport of the holder - but could expire
after the expiry of the passport.

e) Resident visas would be issued ONLY to those
holding non-EU passports.

==
This would allow Spain to issue Resident visas
on the basis of the existing Foreigner register with
confirmation of unchanged address and to combine
the two processes in the future.

Tourists on two-week holidays etc would not obtain
a Resident visa. The simplest procedure would be
to have an entry/exit stamp in the passport as a
no-fee visa with one-month validity,

Those with a Resident Visa would have conditions
set appropriate to their individual situations. In
some cases a language test might be appropriate
(eg if right to work is granted).

Health insurance is the potential problem. It may
be possible to negotiate a reciprocal arrangement
with the NHS similar to EHIC - but with only those
having a Resident visa eligible. The UK would then
pay for treatment in public hospitals of "residents"
but short-stay tourists would need to rely upon
travel insurance (a reduced burden on NHS but
increasing costs for the tourists).

==
Hopefully someone in the UK government will
become aware of the problems and work for
a solution in the best interests of all concerned.



Feeg said:
Saturday, July 9, 2016 @ 8:34 PM

Language test for obtaining UK citizenship is not required for over 60's; same could be applied for Brit wanting Spanish or Dual citizenship?


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