Contingency Decree for Hard Brexit

https://www.costaluzlawyers.es/2019/03/06/spanish-government-royal-decree-for-a-no-deal-brexit/

Given the uncertainty surrounding the process of ratification of the withdrawal agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union, the   Spanish Government has published Royal Decree-Law 5/2019, of March 1, by which contingency measures are adopted in the event of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the EU without the foreseen agreement (SP / LEG / 25935) . 
This contains various decisions in anticipation that such withdrawal might occur without the required consensus.
These are the main novelties that affect the subject of foreigners.

Residence and work of nationals of the United Kingdom residing in Spain and of their family members (Article 3 RD Law 5/2019)

• Members of the family are those provided in article 2 of Royal Decree 240/2007, of February 16 (SP / LEG / 3279).
• Accreditation of the residence in Spain before the withdrawal date:
Certificate of registration obtained prior to the date of withdrawal (article 7.5 RD 240/2007).
By any other means of proof admitted in law, in case you have not obtained such certificate of registration before the date of withdrawal.
• Accreditation of the residence in Spain of third-country nationals who meet the status of relatives of a national of the United Kingdom residing in Spain:
Card of family of citizen of the Union obtained before the date of withdrawal (article 8 RD 240/2007).
By any other means of proof admitted in law, in case you have not obtained such card before the date of withdrawal.

Documentation of nationals of the United Kingdom residing in Spain and their families (Article 4 RD Law 5/2019)

• Obligation to request the documentation corresponding to their new condition (pending publication in the BOE).
• Application deadline: twenty-one months after withdrawal from the United Kingdom

Legal Residence until the new documentation or validity of the authorizations.

With certificate of registration: substitution of documentation by foreign identity card.
Without registration certificate: personal application for foreigner identity card.

Access to long-term residence (Article 5 RD Law 5/2019)

• Application before the withdrawal date: if legally and continuously resided for at least five years (Article 32 LO 4/2000 - SP / LEG / 2576-)
• With certificate of permanent registration / permanent family card of citizen of the Union: personal application of long-term resident alien identity card with the following documentation.
a) Full valid passport.
b) Proof of payment of the corresponding fee
c) A photograph, in accordance with the requirements established in the regulations on national identity document.
In these cases, compliance with the requirement of legal and continued residence of at least five years will be presumed.

Frontier workers (Article 6 RD Law 5/2019)

Conditional to the grant by the competent British authorities of a reciprocal treatment to Spanish citizens
• Nationals of the United Kingdom, resident outside Spain, who, on the date of withdrawal, had the status of frontier workers in Spain: Obligation to request the documentation corresponding to their condition (pending publication in the BOE).
• The request and processing of your documentation as a border worker will not be an obstacle to the development of your activities in Spain.

Reciprocity and temporary measures. (Article 2 RD Law 5/2019)

Suspension of the RD Law if in two months from its entry into force is expressly provided, or if the competent British authorities do not grant reciprocal treatment to natural or legal persons of Spanish nationality in each of the affected areas.
The measures subject to a term of validity may be extended by agreement.

Entry into force (DA sixth RD Law 5/2019)

The day on which the Treaties of the European Union cease to apply to the United Kingdom, unless prior to that date, a formalized withdrawal agreement between the European Union and the United Kingdom has entered into force.

Dear Maria,

Following on from your comprehensive detail with regard to royal decree law do you have any advice in the event of a no deal Brexit, for those British nationals who are in the process of litigation against Spanish Banks? 

Ads:

I cannot see any impact of Brexit on this with the excpetion of a more complicated process for enforcement of Spanish Court decissions there in the UK.

EU commission statement on 25th March 2019.

As it is increasingly likely that the United Kingdom will leave the European Union without a deal on 12 April, the European Commission has today completed its “no-deal” preparations.

In this scenario, Britain now on the 12th April will have third country status. That means international private law applies and procedures of civil contract disputes or debt recovery revert to WTO rules between UK and EU companies. Usually, but not always international law applies in the country where the contract was signed. Meaning the competent court would be the one closest to the place of business or habitation of the case defendant.

European charging orders which are a vehicle some communities in Spain currently use to recover community debt from UK nationals will no longer apply.

Exactly, as third country, International Private Law and Bilateral Agreements will apply.

M