Alerts on employment points in Spain – Lexology

Spain has enacted a number of laws with regard to the authorized scenario and the procedures to observe for UK residents who might be working or dwelling in Spain after Brexit. We summarise beneath the important thing sensible factors within the laws.

1. To whom do these laws apply?

UK and Northern Eire residents (and their relations) who’re dwelling in Spain earlier than the Brexit exit date (Brexit Day) and, particularly, cross-border workers (Residents).

2. What do Residents have to do earlier than Brexit Day?

Apply for a particular Citizen’s work and residence allow (however this doesn’t have an effect on their eligibility to use for different kinds of labor and residence permits in accordance with Spanish immigration laws).

three. When ought to Residents apply for this authorisation?

On the newest, 21 months after Brexit Day. After that, Residents will now not have the ability to apply for this authorisation.

four. What’s the authorized scenario for Residents between the day they apply for authorisation and the day it’s granted?

They are going to preserve their present standing in Spain in line with their present residence/work allow. The brand new authorisation will take the place of the earlier one.

5. What is step one Residents should take?

It relies on whether or not or not the Citizen has a short lived certificates evidencing that he/she is registered in Spain as a overseas EU citizen: 

6. What is going to Residents’ relations should do?

If they don’t have a relative ID card, they must observe the process described above. They will even should proof that they’re a relative of the Citizen and that they reside with him/her. The cardboard is legitimate for a similar interval because the Citizen’s ID card.

7. What’s the scenario for cross-border workers?

They must apply for a particular work allow as cross-border Residents, on the newest 21 months after Brexit Day. This allow should be filed with the native immigration authorities. The work allow is for one 12 months, however it might be prolonged for added one-year durations, supplied that the Citizen can proof his/her scenario. Within the case of short-term employment contracts or providers contracts, the authorisation might be restricted to the size of the short-term contract. The paperwork to be filed might be: full copy of passport in addition to paperwork evidencing that the Citizen is a cross-border worker or a cross-border self-employed Citizen.

eight. What’s the scenario if the Citizen has already filed the paperwork to be registered as a overseas EU citizen or has requested an overseas EU ID card?

If the authorisation is filed earlier than Brexit Day, the process will proceed in accordance with the applying. Nonetheless, if the authorisation is granted after Brexit Day, the Spanish administration will adapt the authorisation course of to that acknowledged above.

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