BREXIT: NEW RULING IN SPAIN from 1-1-2021

BREXIT situation since January 1st 2021 with relation to labour and social security questions in Spain:

a) Workers temporarily moved by a provision of services: their right to continue to provide services after the end of the transitional period will depend, for workers moved to the United Kingdom, on the national law of the United Kingdom; and for workers moved to the European Union, on the national law of the EU Member States.

Workers moved to Spain by a company established in the United Kingdom before 31 December 2020 may, from 1 January 2021, remain in Spain and continue to provide their services without obtaining prior authorisation to reside and work, provided that the United Kingdom grants similar treatment to workers moved to the United Kingdom by a company established in Spain.

However, if an extension of the duration of the move originally planned and communicated to the employment authority is necessary, a residence and work permit must be applied for without the national employment situation applying, and a visa is not required.

Workers of companies established in the United Kingdom who are moved to Spain from 1 January 2021 must obtain the necessary visas or residence and work permits as provided for in Spanish legislation on foreigners, without prejudice to any commitments entered into in the context of a possible agreement on trade matters.

 

b) SOCIAL SECURITY:

Spain may continue to apply the current rules to those persons who are subject to UK social security legislation, provided that the UK acts reciprocally in respect of those persons who are subject to Spanish social security legislation.

The measures are designed to enable UK nationals to access unemployment benefit for periods up to 31 December 2020 (the end of the transitional period), in any EU Member State including periods of contribution in the UK, provided that the last contributions were made in Spain and that the right of legal residence in Spain is maintained.

It is also intended that EU nationals will be able to access unemployment benefits for periods contributed in the UK before the end of the transitional period provided that the last contributions were made in Spain.

 

c) HEALTH CARE:

From 1 January 2021 until 30 June 2021, Spain will continue to provide health care on the same terms and under the same conditions as those established before 1 January 2021, provided that the United Kingdom guarantees these same conditions to those persons who are entitled to receive health care at Spain’s expense.

Likewise, in order to ensure the correct provision of health care, the validity of the health cards issued is clarified, as well as those documents that must be provided in their absence in order to obtain health care in Spain; the characteristics of the invoicing and reimbursement procedure are indicated, and the National Social Security Institute and the Social Institute of the Navy are given the authority to manage the procedures derived from the provisions of this rule.

This post is also available in: Inglés Francés