that Royal Decree-law 38/2020Establishes 29 December (BOE no. 340 of 30 December 2020) List of measures to suit the position of the third state in the United Kingdom and Northern Ireland Following the expiry of the transitional period provided for the agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community on 31 January 2020.
Withdrawal agreement provided for a transitional period from its accession until 31 December 2020, During which union law continues to apply in the United Kingdom, with few exceptions. Its main objective was to provide a deadline for preparing citizens, economic actors and administrations for the new position, as well as provide a framework framework for negotiating an agreement on future relations between the EU and the UK. .
Since the time the United Kingdom communicated its decision to leave the European Union, the Spanish government has established a system of inter-regional coordination with the regional administration of information and work on Brexit. As a result of the work done in the regulatory sector, in 2019, the government approved the Royal Decree-Law 5/2019, (BOE No. 53 of March 2, 2019), from 1 March, by which they have been adopted casually in European. In the event of a withdrawal from the United Kingdom of Great Britain and Northern Ireland on the Union to the European Union without reaching the agreement provided in Article 50 of the Treaty.
It is interesting to note that, as of 1 January 2021, The rules applicable to the citizens of the United Kingdom shall be citizens of the third state Except as provided in the withdrawal agreement, in Royal Decree-Law 38/2020 and in future international agreements that may be concluded by Spain or the European Union.
However, After a period of two months It came into force on January 1, 2021, after the Royal Decree-law 38/2020 took effect, recording in the 6th DF. Regulated measures will be suspended in this, When expressly provided, competent authorities do not give reciprocal treatment to natural or legal persons of Spanish nationality in each of the affected areas of the United Kingdom or Gibraltar.
Subsequently, the most relevant aspects that affect the environment of British citizens living in the British and the British, who usually spend long hours in Spain in light of the recent Royal Decree-Law 38/2020 of December 29, 2020.
in the subject Practice professional activity, To Citizens of the United Kingdom, who are permanently practicing a profession or professional activity in Spain as of December 31, 2020, For which the member state is required to be national. They will be able to continue working under similar conditions And complying with the rest of its requirements, in any case, without the need to carry out additional procedures.
Further, British citizen Some businesses may participate in access tests to practice, Without the need to request a nationality waiver process, In the appropriate tests, which states that the process is required, and that it is called before January 1, 2021.
About a specific aspect of corporate law, Until 30 June 2021, Professional companies incorporated under United Kingdom lawWhose occupancy, central administration or main place of business is in the United Kingdom, and they were Usually working in spain Before date East mentioned May continue the activity that constitutes its corporate purpose in Spain.
about Public employment, UK citizens can participate in the selection processes for Spanish public administrations civil servants, provided that the last date for submission of applications to participate is before January 1, 2021.
about Displaced worker, If companies established in Spain on January 1, 2021 have chosen to employ cross-border workers Directive 96/71 / EC of the European Parliament and Council, on 16 December, on the posting of workers made in the framework of the provision of services, They should continue to implement the law of the United Kingdom by exchanging the said instruction during the period of their posting.
However, workers of companies established in the United Kingdom or Gibraltar who are stationed in Spain in the framework of the provision of services before December 31, 2020, may remain, as of 1 January 2021, in accordance with the provision of Spain. Services that were reported to the relevant labor authority until the end of the expected period of posting. To this end, it will not be necessary to obtain prior residence and work authorization.
It is interesting to show that, in those cases, Displacement started before 31 December 2020, If you want to extend the planned period at the beginning of the journey, it is necessary to obtain prior residence and work authorization, No need to get a visa. This authorization will be requested by the company established in Spain In favor of the posted worker. Too, Workers of companies established in the United Kingdom or Gibraltar who are stationed in Spain by 1 January 2021 must obtain a mandatory visa or residence and work authorization Without prejudice to the commitments in the framework of a final agreement between the European Union and the United Kingdom.
From the point of view social Security, A person who practices an activity as a employed or self-employed person, either in the United Kingdom or Spain, shall be subject to the social security law of that state; Reciprocity principle Article 3 Royal Decree-Law established in 38/2020.
It should be noted, as this is a very common phenomenon, EU citizens who visit Gibraltar daily to undertake a work activity and who maintain their residence in Spain and are not covered by the clearance agreement.Will be able to use, For unemployment benefits, by 31 December 2022, For a period of recognized insurance in Gibraltar before and after the end of the transitional period, without being necessary for them to make their final contribution to Spain.
it is expected that, Universal health care is supported by the principle of reciprocity In this way between the two countries, people with healthcare rights in the United Kingdom or Gibraltar will receive such healthcare from the Spanish National Health System, which is subject to the same conditions and the conditions established before 1 January 2021. , Provided that the Spaniards and citizens of other countries, entitled to the healthcare provided by the United Kingdom Spain, were established before January 1, 2021 under the same terms and conditions, and the health care provided to Spain by the Spanish national Reimburses expenses received from Citizens of the United Kingdom or any other country entitled to health care in the United Kingdom or Gibraltar by the corresponding British institutions.
At university level, Students in the UK education systems may continue to use the Spanish university admissions process for the academic year 2021–2022, the same is provided for students from the education systems of EU member states, provided that they meet the educational requirements Make up for In their educational systems to reach their universities.
On Financial basis, Contracts for the provision of banking, securities, insurance or other financial services provided in Spain by a major banking entity in the United Kingdom, with the aim of strengthening legal stability, customer security, and avoiding any risk to financial stability. Is subscribed to. Before 1 January 2021, will remain valid in equal terms. However, the Bank of Spain, the National Securities Markets Commission and the General Directorate of Insurance and Pension Funds will have the same supervisory powers and, in particular, may require financial institutions to provide any documents or information or to carry out Go as necessary.
Finally, in reference to “Free circulation of public documents”, Apostille — inspired by the Hague Convention of October 5, 1961 — will not be required for applications that have their object in the form of a declaration of degree equivalents from universities and other centers and institutions of higher education in the UK. Nor will it be required in the degree of homologation and verification of degrees and non-university studies done in the educational system of the United Kingdom.
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