Contingency Decree for Hard Brexit

Post reply   Start new thread
:: New - Old :: Old - New

Pages: 1 |

Forum home :: Latest threads :: Search forums
The Comments
25 Mar 2019 11:07 by mariadecastro Star rating in Algeciras (Cadiz). 9328 posts Send private message

Legal Questions? Speak to Maria Direct

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.

 


This message was last edited by mariadecastro on 25/03/2019.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
25 Mar 2019 15:45 by ads Star rating. 4021 posts Send private message

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? 





Like 0      
25 Mar 2019 16:18 by mariadecastro Star rating in Algeciras (Cadiz). 9328 posts Send private message

Legal Questions? Speak to Maria Direct

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.



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      
26 Mar 2019 11:02 by Mickyfinn Star rating in Spain and France. 1837 posts Send private message

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.



_______________________
Time is the school in which we learn Time is the fire in which we burn. Delmore Schwartz.



Like 0      
26 Mar 2019 14:15 by mariadecastro Star rating in Algeciras (Cadiz). 9328 posts Send private message

Legal Questions? Speak to Maria Direct

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

M



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



Like 0      

Pages: 1 |

Post reply    Start new thread


Previous Threads

New Mortgage Act in Spain - 0 posts
New Royal Decree on Housing Rental - 0 posts
Anyone in Illora, Granada - 1 posts
Resin sun loungers - 2 posts
Buying apartment - Fees - 48 posts
Manchester House Buyers - 1 posts
Ammex Administrators - Sabinillas - 3 posts
Northerners - 7 posts
WH Smith Corvera Airport Rip Off Water - 10 posts
Introduction - 1 posts
Tax and Residency - Staying in Spain between 3 months and 6 months a year - 6 posts
mobility scooter - 9 posts
Brexit effect - 102 posts
Exchange Spanish LHD car for UK rhd car - 7 posts
Firefly/Do You Spain extra charge for 75+ drivers - 8 posts
Suitability of Location for Air Con Units - 3 posts
Spain post Brexit for British residents. - 68 posts
Buying a rural property in the Malaga region - 22 posts
Campo delivery of water - 1 posts
Funds seized by La Caixa for alleged tax avoidance...next steps? - 3 posts
Are the days of Freeloaders limited in Spain? - 44 posts
Reassurance needed - 21 posts
Comfort in numbers. - 19 posts
Car Hire & Excess Insurance - 9 posts
Open gate for Ocean View/ Palmera buyers - 0 posts

Number of posts in this thread: 5

DISCLAIMER:  All opinions posted on these message boards are the opinion solely of the poster and do not necessarily reflect the opinion of Eye on Spain, its servants or agents.


1 |
Our Weekly Email Digest
Name:  
Email:
   


This site uses cookies. By continuing to browse you are agreeing to our use of cookies. More information here. x