Freedom of Movement in EU

I'm not sure, and I'm waiting for the Brexit dust to settle before I do any serious research. I don't think it's possible at the moment to give an answer, and your concern reflects what may possibly happen.

Has your wife got a residency certificate or a TIE? Whatever, post the transition period you will both need TIEs. The Spanish government haven't yet published what will be required to transfer to a TIE, except they have stated that these will be issued in a special category of beneficiaries under the withdrawal agreement. Hopefully that will enable visa-free travel within the EU to all holders of such a TIE.

It's the usual Brexit scenario of hurry up and wait.

Thanks Jim. I actually have the usual 'green paper' certificate which has been issued to EU citizens since 2007 in place of the TIE. However, as my wife is Non-EU she has a TIE but it is a 'tarjeta de familiar de residente de la Unión',  which family members of EU citizens are entitled to. It is valid for 5 years, but obviously I will not be an EU citizen when it is due for renewal. We have been happily travelling together throughout the EU without her needing a visa. I am hoping that some provision will be made for the Non-EU spouses of UK citizens that will allow this to continue. Like you say, we will have to wait and see. It does amaze me that for such a monumental move of leaving the EU there is so little factual information available. 

Hi Jamie. I wish I could tell you something positive, but just can't at the moment. In fact, your wife's situation is something I've not seen mentioned in any of the information published by either the EU or Spain. 

There is however a ray of hope. At the five year point, your wife will then be entitled to a permanent TIE, with no need for further renewals. As a family member of an EU citizen, your wife would only have needed to meet the income and health criteria of the initial application, i.e. the pre-Brexit requirements. I haven't got time to look at the various laws, but I'm of the opinion that the relevant law would have to be amended if the authorities wanted to impose post-Brexit financial requirements on the renewal. As I've not come across mention of your situation, hopefully the law won't be amended.

Keep your fingers mentally crossed.

Just a word of caution. I've not had time to follow all the cross-references in the actual legislation to see if it fully invokes the withdrawal agreement. If you have a look at the European Union (Withdrawal Agreement) Act 2020 then I think you'll understand what I mean.

Thanks for your input. I have read the withdrawal agreement and although it states that the Non-EU family member retains the right to reside in the host country and to leave and re-enter, it does not state that the family member has the right of 'freedom of movement' between other EU countries (Without a Visa). My wife presently has this right if she is accompanied by her EU spouse under EU Directive 2004/38/EC. I can't find anything that states that Directive 2004/38 will continue to apply to UK citizens with regards to 'free movement without a visa' after Brexit. It only says she will have the right to reside, leave and re-enter. This may mean ''If she has the necessary visa or travel documents'?