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Date Published: 13/10/2021
ARCHIVED - UK citizens with dual nationality: rights in Spain
The Withdrawal Agreement allows dual UK/EU nationals residing legally in Spain before Brexit to remain
After the UK left the EU on January 31 2020 the government insisted that one of its main priorities was to provide certainty to UK nationals living in the EU, and so the Withdrawal Agreement set out to ensure that citizens’ rights would be protected.
Part Two of the Agreement states that all UK nationals who hold the nationality of a member state (dual nationality) and who resided lawfully in a member state prior to the end of the transition period are allowed to remain living in that EU country. Any family members resident in the host state by December 31 2020 will also be covered by the rights set out in the Withdrawal Agreement.
The situation is slightly different when it comes to Southern Ireland, however, as a Common Travel Area has been established whereby UK nationals in Ireland do not need to register their residence.
Generally, people who hold dual nationality in the UK and Spain, whether by birth or naturalisation, are covered by the Withdrawal Agreement once they have exercised free movement rights in the host country before the end of the transition period. These citizens will be also to move freely between the EU and the UK and can leave Spain for up to five years without losing their residency.
Unfortunately, this element of the Withdrawal Agreement doesn’t apply to those who were not legally resident in an EU country prior to December 31, 2020.
Once granted, the right to reside permanently in Spain can only be lost if the person lives away for more than five years. These residents and their families will not be subject to the 90 days in 180 rule.
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