Brexit – Worst-Case Scenario

With all of the talk going on about Brexit, many British people living in Spain are currently worried about what the future will offer them.

Being an English national myself, many of my Spanish friends ask me what Brexit offers me and what will happen; if I have to leave Spain before a certain deadline; if I can stay or if I have to leave my family.

All of these questions are understandable due to the lack of information that is provided but there is also no information that can really be provided until Brexit is agreed with all of the EU countries and the rules and regulations are agreed between the different countries.

Fortunately, being an immigration lawyer allows me to have a perspective of what could possibly happen with Brexit. And, of course, being a lawyer, worst-case scenario is always the best option.

For me, the worst-case scenario is for the EU to not give the UK any benefits or recognise any rights to the citizens abroad, considering us a third State, as such.

So, what could happen to British nationals living in Spain should Brexit result in my worst-case scenario? Well, in my opinion, nothing.

We will obviously have to apply to the immigration authorities for visas, if applicable, and residency permits, but that is it. The UK would become a third world country, such as Saudi Arabia, any African country, Latin America, etc. and we know that nationals from these countries are able to live in Spain, so why won’t we?

Proof of income and health cover is what the Spanish government wants to see, as to be sure that the person will not be a burden to the government. If we had to apply for a visa, we would need a legalised criminal records certificate and a medical certificate but, again, these are easily obtained.

So, if you are a British pensioner, the S1 document will be required and you have to prove that you have a monthly income of over 2,151.36€ (according to 2018).

If you are married to a Spanish national, you would apply for a residency permit linked to your EU partner, which will allow you residency in Spain. And if, neither of these apply, proof of income and health cover will be sufficient to reside in Spain.

Obviously, there will be paperwork involved, we are talking about Spain here, but with patience and good guidance, the situation should be smooth, even in the worst-case scenario.

(Feature: Brexit – Worse-Case Scenario)

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