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'Resident' in Spain, UK passport, work in EU?

PostPosted: Fri Sep 18, 2020 1:05 pm
by BritOverseas
Hi All

We made the decision to make Spain our 'forever' home, and I am trying to find out some info which maybe you guys can help me with..

Although we live here, I do not work here. I work in different parts of the world (currently in Norway, but not always) and I get that I have to have a permit/visa to work in a lot of places in the world, but of course, pre Brexit, I did not have to for work in Europe.

I would understand having to get a visa/permit to work in the EU if I was still living in the UK, but I am not, I am resident in Spain (EU). So, what, if any, rights does this give me to still work in the EU post Brexit?

The UK.gov website is not clear and I can't find any specific info!

Any help appreciated.

Thanks

Re: 'Resident' in Spain, UK passport, work in EU?

PostPosted: Fri Sep 18, 2020 1:41 pm
by marcliff
According to the withdrawal agreement, British citizens who are legally resident in Spain will retain their rights after Jan 1st 2021. That means you can work in Spain and, according to the EU directive, frontier workers (other countries) can continue to do so after that date.
The Moncloa (Spanish equivalent to No 10) issued a detailed synopsis of what you can and can't do.
You can find that information at this site. Moncloa Preparing for Brexit

That also gives you a link to the EU questions and answers which deals with FAQ and this is here. EU Brexit Q&A

Those pages should enlighten you a bit. Of course, unless Boris mucks it all up by binning the Withdrawal Agreement.

I would also suggest that getting the new TIE card would be something you should do in your circumstances.

Re: 'Resident' in Spain, UK passport, work in EU?

PostPosted: Fri Sep 18, 2020 2:12 pm
by BritOverseas
Hi

Thanks very much, that actually answers quite a few questions but maybe it is me, the 'Frontier Workers' text is still a bit ambiguous....?

I plan to go and get my TIE card as soon as I get back (I am still in Norway and you have to get it in person) and lets hope that this is good enough, otherwise I will be looking for another job!

Re: 'Resident' in Spain, UK passport, work in EU?

PostPosted: Fri Sep 18, 2020 2:35 pm
by marcliff
If you are a permanent resident in Spain, that is you have had residency for 5 years or more, then the passage
The Long-term residents Directive establishes that long-term residents (i.e. having resided
lawfully as non-EU nationals for five years) in a first Member State have the right to reside in a
second Member State on three main grounds: exercise of an economic activity; studies or
vocational training or other purposes.

would cover that.

If not, are you a skilled worker? You could look into the Blue Card Directive which allows workers, regardless of time spent in a EU country, lays out your rights to mobility to either settle in another EU country or to find a new job there.
As I read it, if you already have a job in another country then there is no problem continuing with it irrespective of highly skilled or not. The Blue Card is for those seeking different jobs.

There are many Moncloa and EU sites giving various information on different aspects and circumstances.
Try Googling for EU Directive 2014/66/EU or Directive 2009/50/EC or 2016/88/EU which are directives on mobility for various reasons for EU residents.

Re: 'Resident' in Spain, UK passport, work in EU?

PostPosted: Fri Sep 18, 2020 2:47 pm
by BritOverseas
And therein lies the problem.

I have not resided in Spain for 5 years, and I normally only work on a project for short(ish) periods, sometimes a few months, sometimes a year or two, and not always in the EU, I go where the work is.

I am 'Skilled', I am an Engineer, but my type of 'Jobbing' consultant work requires that I am flexible about when and where I can go, and it looks like I will essentially be ruling out 26 countries from my possible pool, depending on how long it takes to 'Apply' to work in an EU country now.... Potential clients/employers will not be willing to wait months for me to get permission to come to a project...

And the Blue Card? We have not 'left' yet, I don't even think I am entitled to apply.

I do however take a bit of heart in the fact that I believe I don't have to leave this job on the 1st Jan, I can continue in it until the contract finishes......