UK Citizens' Rights under Part 2 of the 'Brexit' Withdrawal Agreement

Hi all,

This is a really useful document (16 pages) which describes what and how Citizens' rights are protected by the Withdrawal Agreement: 

https://www.gov.uk/government/publications/withdrawal-agreement-explainer-for-part-2-citizens-rights

It also clarifies some previous points of confusion on this forum, providing reassurance in respect of a suggestion that those of us currently resident in Spain, or another EU member state, may not have protected healthcare and pension rights.  There was a suggestion that because these aren't specifically mentioned in the W.A. document itself, they aren't covered.  However, I've spoken with a lawyer from 'British in Europe', who has confirmed that these rights are enshrined in Regulation 883/2004, referenced in Title III of the Withdrawal Agreement, which covers the specifics of continued rights for people in scope of Title III, including S1 coverage (see para. 28 of the explainer).  The rights of workers, the self-employed and 'frontier' workers are also included in the detailed explainer.

There has also been confusion in relation to a published deadline by which UK citizens, who have moved permanently to Spain before 30 December 2020, are able to complete their residency application.  However, this published date of 30 June 2021, does not apply to Spain.  It only applies to those EU member states who have chosen to apply a "Constitutive" system of registration, such as France.  Spain has chosen to apply a "Declaratory" registration system and so this deadline does not apply.  The explainer document includes the definition of being "lawfully resident" and suggests that you do not have to be resident in Spain for at least 3 months before the end of the transition period, in order to meet TIE application requirements:

"Lawfully resident - an EU citizen or a UK national lawfully resides in the host state in accordance with free movement law before the end of the transition period. This includes the right of residence, irrespective of whether it is a permanent right of residence, its duration (e.g. an arrival in the host state one week before the end of the transition period and residing there as a job-seeker is sufficient and irrespective of the capacity in which these rights are exercised (as a worker, self-employed person, student, job-seekers, etc)."

I hope this provides comfort not only to those of us who were concerned about the ongoing protection of our Citizens' rights, but also for those people who are still trying to move to Spain before the end of the Transition period on 31 December 2020.

Kind regards,

Kim