Temporary measures to adapt to Brexit after the transition period

Automatic summary, not yet reviewed

1. The rule adapts Spanish law to the United Kingdom's exit from the European Union once the transition period ends. From January 1, 2021, UK citizens are governed by the rules for third-country nationals, except as provided in the Withdrawal Agreement, in this rule and its implementing rules, and in future international agreements.
2. Many measures are temporary and depend on reciprocity: if, after two months, the British authorities do not grant equivalent treatment to Spaniards, the Government may suspend them by agreement of the Council of Ministers.
3. UK nationals who practiced a profession in Spain or were public employees before January 1, 2021 may continue as before, and applications for recognition of professional qualifications filed within the following five years are resolved under the rules in force on December 31, 2020. Posted workers may continue, European Works Councils are maintained, and research activities and Social Security rules continue, in several cases subject to reciprocity.
4. On unemployment, contribution periods in the European Union and the United Kingdom up to December 31, 2020 count toward benefits, and cross-border workers who commute daily to Gibraltar may receive them until December 31, 2022. On health care, Spain keeps providing care on the previous terms until June 30, 2021 if the United Kingdom does the same, and students from UK education systems may access Spanish universities in the 2021-2022 school year like EU students.
5. On the economy, financial contracts signed before January 1, 2021 remain valid under a temporary authorization regime; UK operators in public procurement procedures started before that date are treated like EU companies; UK driving licenses are valid for six months and must then be exchanged; and authorizations for defense material, dual-use goods, weapons and waste shipments remain valid, as do airport fees for flights to the United Kingdom.
6. The final part authorizes positions at ICEX and Port Authorities, waives the Hague apostille for validations filed before July 1, 2021, extends the 2020 minimum wage until the 2021 one is approved, amends the Air Navigation Law and the Ports Law, and sets entry into force on January 1, 2021, with exceptions for Articles 4, 9, 11 and Article 14(2) if a future relationship agreement enters into force.

Who it affects

• UK nationals living or working in Spain: They may keep practicing professions, working as public employees, contributing and receiving benefits under conditions similar to those before Brexit, often subject to reciprocity.
• Companies and posted workers between Spain and the United Kingdom: Workers posted before December 31, 2020 may finish their posting without prior authorization; new postings require a visa or immigration authorization.
• UK financial institutions and their clients in Spain: Contracts signed before January 1, 2021 remain valid, with a temporary regime to adapt or wind them down in an orderly way.
• Cross-border workers who commute daily to Gibraltar: They may access unemployment benefits until December 31, 2022, with no reciprocity requirement.
• Holders of UK driving licenses residing in Spain: They may drive for six months from January 1, 2021; after that they must exchange the license for a Spanish one.

Words worth knowing

Periodo transitorio (transition period)

The time after the United Kingdom left the European Union, until December 31, 2020, during which EU law still applied.

Reciprocidad (reciprocity)

The condition that measures only remain in force if the United Kingdom gives Spaniards the same treatment Spain gives Britons.

Estado tercero (third country)

A country that does not belong to the European Union and is not covered by its rules or benefits.

Canje de permiso (license exchange)

The process of swapping a foreign driving license for a Spanish one.

Apostilla del Convenio de La Haya (Hague apostille)

An official seal validating a foreign public document; the rule waives it for certain validations filed before July 1, 2021.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries