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EXPLAINED: How Britons can live and work in Spain after Brexit

It’s become considerably harder for UK nationals wanting to move to Spain to do so now that they need a work permit, but it’s not impossible.

EXPLAINED: How Britons can live and work in Spain after Brexit
Will UK nationals be able to land English teaching jobs in Spain easily? Short answer: Not anymore. Photo: AFP

Since Brexit came into force on January 1 2021, UK nationals no longer have the automatic right to get a job in Spain or anywhere else in the EU. 

They technically don’t have the right to apply for a job or a work visa from Spain either, having to carry out the application from the UK or wherever they are through the Spanish consulate, just as it is for other non-EU nationals.

So what are the options for Britons of working age who want to live and work in Spain and who can’t afford other schemes such as Spain’s non-lucrative visa or the so-called golden visa?

The two main choices are a work permit as an employee and a work permit as a self-employed worker, both of which have their challenges as non-EU citizens.

Work permit as an employee (por cuenta ajena)

In order to be considered for a job as a non-EU national, in the majority of cases the position must be on Spain’s shortage occupation list.

The latest 12-page list published by Spanish employment agency SEPE is downloadable here, but overall the type of positions advertised are 95 percent in the maritime and shipping industry (from naval mechanics to ferry staff, chefs and waiters), as well as sports coaches.

In all fairness, it’s a pretty limited and disheartening list for the majority of British professionals interested in a move to Spain, but it is usually updated every quarter so there could be new positions opening. 

You also have to consider that your employer will have to declare that there was no suitable Spanish or EU candidate available to fill the position. The fact that it’s listed as an ocupación de dificil cobertura (skills shortage) is likely to play in your favour as that gives Spain’s employment ministry no choice but to accept non-EU nationals as candidates.

It is technically possible to apply for a work permit for a job that isn’t on SEPE’s list, but your prospective employer will have to vouch for you further still and really convince Spanish civil servants that there weren’t any local candidates available.

If you have found a job offer that you’re suitable for, you must start your application from the Spanish consulate in the UK or the country in which you live, that’s if there is of course interest on the part of your prospective employer as they have to sponsor you and start the application procedure themselves at their regional department of Labour and Immigration.

So even if you had scouted for work while ‘on holiday’ in Spain and managed to agree to a deal with your future boss, you wouldn’t be able to do any of the paperwork from Spain.

Bear in mind that your proficiency in Spanish may also be a key factor in landing the position and that your profession and qualifications (especially regulated ones like doctors, architects, lawyers) may need to be recognised first as a result of Brexit.

The standard employee’s work permit in Spain lasts one year and can be easily renewed if your work conditions haven’t changed.

What about English teaching after Brexit?

There has been no mention yet by the Spanish government as to whether it will fast-track work permits for British English teachers wanting to come to Spain.

Teaching English is a job that many anglophones in Spain take up as native teachers are very much sought after and the pay isn’t too bad either.

Whereas Britons previously didn’t often need an English teaching qualification to land a job and could simply shop around at language schools and academies in person, this will no longer be as straightforward.

Not impossible however, as the thousands of Americans, Australians, Canadians and other English-speakers who come to Spain to teach each year can vouch for.

The most common work permit used by non-EU English speakers who have completed a TEFL (Teaching English as Foreign Language) is in fact the student visa, which allows them to study at a recognised institution while teaching English on the side.

There is also the “Auxiliares de Conversación” Programme which is run by the Spanish government and sees people from the United States, Canada, New Zealand and Australia recruited to be English language assistants in Spanish schools. Could the UK be joining this list soon?

There are other schemes available to non-EU English teachers so the best place to start is with the language schools and organisations themselves: send out some emails and find out what choices are available to you personally.

Work permit for self-employed people (por cuenta propia)

For UK citizens looking to move to Spain and set up their own business or register as self-employed workers (autónomos), the process is again more complicated after Brexit.

You will have to demonstrate that you have the right qualifications to fulfil said position and prove that you will have sufficient earnings in Spain.

All this will have to feature in a comprehensive business plan which you’ll have to present, covering everything from a marketing plan, the readiness of financing and payments and other information about your operations. Overall, you’ll have to demonstrate that your business will be successful within three years.

If you thought that was tricky, wait for it. You’ll have to send this business plan to one of these five Spanish institutions for their approval:

Unión de Profesionales y Trabajadores Autónomos –  UPTA

Confederación Intersectorial de Autónomos del Estado Español – CIAE

Organización Profesionales autónomos – OPA

Unión de Asociaciones de trabajadores Autónomos y emprendedores-  UATAE

Federación Nacional de Trabajadores Autónomos – ATA

They will review it and send a viability certification if they agree the business will be successful. 

If they approve the business plan, you’ll have to send this together with all the other paperwork to Spain’s Ministry of Labour and Immigration. The permit is also valid for a year but after five you’ll be eligible to a long-term five year work permit.

Again, it could be that you need to have your qualifications verified by the Spanish Ministry of Education if you work in a regulated field, a painstaking process which currently takes two years on average.

 Conclusion

The days of easy work in Spain for UK nationals wanting to move after Brexit are over, we’re afraid. 

It may be that English teaching is still the easiest option for landing a job in Spain post-Brexit, but this will hardly be any consolation for those with careers in other fields.

Spain, with its notoriously high unemployment rate, has a slight protectionist attitude towards its work market, wanting to offer the few jobs that are on offer to its local population or at least EU candidates. This can also be seen in how long they take to process the recognition of qualifications of non-EU nationals, at least four times longer than in Germany or Ireland.

Even if they didn’t have this approach, the country always scores high for quality of life on expat surveys, but not so for career prospects.

READ MORE: The downsides of moving to Spain for work

Sadly, it may be that for many young Britons wanting to live and work in Spain from 2021 onwards, the only way to get their foot in the door is with a very specialised and highly skilled career to offer.

It can still be done, but it will take much longer (maybe even years) for many Brits to find work in Spain if they weren’t here before Brexit.

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TRAVEL NEWS

EES: Could the launch of Europe’s new border system be delayed again?

After being postponed several times already Europe's new biometric Entry/Exit border system (EES) is set to be rolled out in October, but with fears of lengthy queues, problems with a new app and demands for more time, could it be postponed again?

EES: Could the launch of Europe's new border system be delayed again?

Could the entry into operation of the EU entry/exit system (EES), the new biometric passport checks for non-EU citizens at the Schengen area’s external borders, be delayed yet again?

Originally planned for May 2022, EES has already been postponed many times.

The current launch date, set for October 2024, was chosen to avoid periods of peak traffic and France in particular had requested to avoid it being launched until after the Paris Olympics this summer.

When asked to confirm the October start date this week a spokesperson for the EU’s Commission told The Local that the “roadmap” for the EES IT system foresees it will be ready for Autumn 2024. But the actual start date, in other words, the day when passengers will have to register, would be confirmed nearer the time.

The spokesperson said: “The exact date will be determined by the European Commission and announced on the EES official website well in time for the start of operations.”

READ ALSO: Your key questions answered about Europe’s new EES passport checks

But the reasons are adding up to suggest an October start date is optimistic, perhaps even unlikely.

In the annual report on the ‘State of Schengen’ published last week, the European Commission spelt out that severe challenges remain if member states are to be ready on time.

“In 2023, efforts to ensure the entry into operation of the Entry-Exit System in the autumn of 2024 were accelerated… While important progress has been made across the Schengen area, some Member States are still falling behind, notably regarding the effective equipment of border crossing points. The Commission calls on all Member States to urgently accelerate preparations to ensure the timely implementation of the system…”

A map in the report shows that preparation is still “in progress” in 13 Schengen area countries, including Germany, Norway and Switzerland. “Outstanding issues” still impact Portugal, Malta and Bulgaria.

The state of play for the preparations for EES across EU and Schengen states. Image: European Commission.

There are also reports that EU heavyweight Germany is trying to persuade Brussels to delay.

Matthias Monroy, editor of the German civil rights journal Bürgerrechte & Polizei/CILIP claimed on his website that “the German government is lobbying in Brussels to postpone the date once again, as otherwise the German tests of the EES cannot be completed in full. Other EU countries are also behind schedule, with only eight of them having reported successful integration.”

Even on a French government website it talks of EES being rolled out some time “between the end of 2024 and 2025” rather than stating October 2024.

And according to recent media reports, French airports have been advised to be ready for November 6th, rather than October. 

READ ALSO: EES and Etias – what are the big upcoming travel changes in Europe?

A planned EU app, believed to be essential to the smooth operation of EES because it would allow non-EU visitors to register in advance of travel will not be ready, Gwendoline Cazenave, Managing Director of Eurostar International, the company operating train services via the Channel Tunnel, has told the BBC. The EU however insists the app does not need to be up and running before EES is introduced.

In the UK, which will be heavily impacted by EES due to the fact it is no longer in the EU and so British travellers are no longer EU citizens, the House of Commons European scrutiny committee is conducting an inquiry on the potential disruption the introduction of the EES will cause at the border.

Several respondents have recently raised the alarm about the possible delays the system could cause, especially at the UK-France border, which is used by millions of passengers each year who head to France and other countries across Europe.

Ashford Borough Council in Kent has warned of the possibility of more than 14 hours queues to reach the Port of Dover, which has already been struggling increased checked after Brexit.

The BBC reported that back in March, a P&O Ferries director said the IT system should be delayed again.

Airlines have also complained about the fact pre-travel EES requirements would make last minute bookings impossible.

The Union des Aéroports Français (UAF), which represents airports in France, has simply said more time is needed.

In other words, it would be little surprise if the roll out was delayed again beyond October 2024.

But the Commission spokesperson told The Local that “the timeline for the entry into operation of the EES took into account all the necessary activities to be performed by all relevant stakeholders to ensure a timely entry into operation. 

“The Commission is working very closely with eu-Lisa [the EU agency in charge of the IT system], the Member States and carriers to ensure that everything is ready for the timely and successful launch of the Entry Exit System.

“The roadmap for the delivery of the new IT architecture foresees that the Entry/Exit system will be ready to enter into operation in Autumn 2024.”

New digital border

The EES is a digital system to register travellers from non-EU countries when they cross a border in or out of the Schengen area, the travel-free area. It will be deployed in 29 countries across Europe including 25 EU states plus Norway, Switzerland, Iceland and Liechtenstein. Ireland and Cyprus are the only EU members who won’t apply the EES system.

It doesn’t apply to non-EU nationals who are legally resident in an EU/Schengen area country or those with dual nationality of an EU /Schengen county. The system was designed to increase security and to ensure that non-EU nationals visiting the Schengen area short-term do not stay more than 90 days in any 180-day period.

Instead of having the passport stamped, travellers will have to scan it at self-service kiosks before crossing the border. However, fingerprints and a photo will have to be registered in front of a guard at the first crossing and there are huge concerns the extra time needed could generate long queues in the UK, where there are juxtaposed border checks with the EU.

Preparations are ongoing throughout Europe and some countries have made good progress.

In France, Getlink, the operator of the Channel Tunnel, has recently reported that new EES infrastructure is finished at its French terminal of Coquelles, which will allow travellers to register their biometric data while travelling.

Eurostar is also installing 49 kiosks in stations for the registration of passengers. But the Union des Aéroports Français (UAF), which represents airports in France, said more time is needed.

Exempted

Meanwhile, the Polish government has urged UK citizens who are beneficiaries of the EU-UK Withdrawal Agreement to get a residence permit “in the context of EES/ETIAS”, even though there was not such an obligation to stay legally in Poland post-Brexit.

“Having such a document is beneficial as it will exempt from future Entry/Exit System (EES) registration when crossing external borders and from the need to obtain an ETIAS travel permit in relation to short-term travel to EU/Schengen countries,” the government page says.

This article as published in collaboration with Europe Street news.

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