Lucas Mayo, Gecko Legal Services Mojácar
On the 23rd of June the UK poll will take place so that those who can vote will be able to decide about UK and the EU, a decision that affects many that will not be able to voice their opinion at the polling station.
The information regarding the Brexit is in most cases not very helpful and of the sort that the more you look the less clear the reasons to come or to go become.
However the purpose of this is not to debate the pros and cons of each individual reason but more of a handful of thoughts mainly regarding those of us that are already living in another EU state, in my case Spain so I will be basing on things here although much will apply throughout the EU.
At the moment those living within the EU as pensioners are able to do so because of their hard worked for pensions and the medical cover based on the reciprocal agreements (S1 forms), Spain got much stricter a few years ago on how they were going about registering new EU resident applications and the need to prove you have both sufficient income (the pension) and medical cover (the S1 form) and for all members of the family. Non pensioners are just as welcome but the requirements were the same so you have to prove regular income and private medical cover or your proof of legal registered employment in Spain.
Looking at the pensioners, if the reciprocal agreements are stopped how are the pensioners supposed to continue?
And for those in employment, what will happen when their contract comes up for renewal?
Up to now, those that have registered have obtained there “Green” EU member resident Certificate and were told initially that it would need to be renewed in five years and then were told that the need to renew no longer existed, your registered and that’s it.
Where will these stand if the EU exits as we would no longer be EU members?
Will they apply different rules for recent arrivals say less than five years and other rules for long term or “Permanent” residents?
Further than just looking in a possibly selfish manner at what WE who are already here and legal might have to deal with, what about people that are in the process of coming to live or those that have holiday homes?
Would importing their UK car be permitted? And if so, at what cost? We have seen in the past how RHD cars have not been allowed to be registered in Spain, even with cars that were already in the process. If UK is not in the EU neither will their cars be…. Would they be like Andorra cars with an import duty but simplified type approval status or like something from the USA or Russia, with both customs clearance and import and then an individual and costly type approval?
Cars might sound mundane or small fry so what about real estate property. Until recently in the event of a bereavement if the heirs were not Spanish residents they were having to pay much more IHT, this was changed as Spain lost in the EU and were forced to change, there have been other taxes that were at different rates for Residents and Non-residents, now Spain applies different rules for NON Residents that are also Non EU Nationals and shall we say “better rules” for EU nationals and Residents, so again if the UK exits families living in the UK with parents or family living in Spain may once again find much higher taxes to be paid.
In a similar manner there have been recent changes regarding the writing of the last Will and testament issued by EU nationals living or with interests in different EU states, allowing application of “personal” Law, would the UK still be part of that?
Now things are starting to affect people with an indirect relation to Spain.
There is talk and discussion about acquired rights, I would be a strong defender of those acquired rights, but how far or true will this be? The Vienna Convention would appear to not cover the man on the street as much as we would like to think or more certainly require in the event of the Brexit, this again is for both sides of the pond, people in UK and people in EU with interests in the UK.
Would the UK nationals living in the EU withhold their rights to vote in local elections?
What about those UK nationals holding posts as councilors in local Town halls? I am one of them; would I have to step down? Would have an acquired right until the end of the political term?
UK pays the EU so much for this etc.
It’s true that the UK pays large amounts for the medical cover (the reciprocal agreements) of those living in other EU states and also receives but less because there are less EUs living in the UK than UKs living in the EU, but what happens if these agreements no longer are in force? Many hundreds or even thousands of Brits may be forced to have to return to the UK, possibly in worst conditions of how they live in Spain as they would most probably be forced to sale in a rush and find that the money from a sale is not sufficient for property and life back in the UK so would the UK not find that the money previously sent out of the UK now needs to be used for these returning? Also consider that any UK pensioner in Spain has their pension because they worked for it and medical cover in a similar manner as they would in the UK, they are not getting a freebie or something they did not pay for during there working career. The UK is paying nothing to Spain for me to be here, I like hundreds of Brits, work and pay my taxes and social contributions here and if I continue like this it will be Spain that pays my pension and it would also be Spain the would have to make payments to another EU state if I moved there.
Possibly the UK should be looking into its welfare programs, here in Spain you get nothing if you didn’t pay in first. Now I am not suggesting radical changes or that Spain is brilliant etc because Spain is not brilliant but maybe there are things to be learned, if you are on unemployment benefit you cannot leave without permission, at the end of the day you are “working for the government” so you are not taking your dole to spend a six month holiday back home with the family. Also things like not being eligible for benefits if you are not a legal resident, if you need extra for your spouse or kids it is because they are here.
The British “man on the street” is talking and is worried regarding the immigration, and needing to close the borders. Obviously here I am not going to address or suggest the possible solutions to immigration but the “closing of the borders” may have a much bigger impact, this not only keeps things out it can also keep things in, things that previously had no problem coming and going, here I am clearly referring to free the movement of goods. Has there been a true evaluation of this possible huge loss in trade?
For those of us here, out of the UK; would we still find on the shelves of the local supermarket or “Brit food store” our good old favorites from back home? At an affordable price? Or would these now be levied with an import tax and limited amounts like most articles from out of the EU.
The consideration that the loss in EU trade for the UK would be covered with new trading agreements and demand from further overseas, Canada, USA, Russia, China…? Is highly debatable and would not happen by any means fast. Would a UK with almost no weight or say within the EU still be an interesting partner for the USA, and the many other out of EU business, international Companies etc., some that have formed UK Companies and or trading bases on UK soil so as to be “in the EU” for free trade, these products and services would no longer be an EU product making their UK business structure a lot less attractive and possibly for some totally useless and would opt to move to a different EU base for example Ireland or Germany making their current UK staff redundant. The financial trade in “The City” that has grown and grown since being part of the EU could find itself going the other way….fast.
If the UK finally decides that the Brexit is the best option for its interests who knows that the EU will not act like an upset spouse and become very difficult, consider that the EU will have to be careful with its reactions and, using a simile, avoid it look like walking away can be easy for the unsatisfied spouse and still maintain “marital rights” without “marital obligations”.
In my opinion some possible errors that have been the cause of EU problems have been in the EURO as single currency, carried out to soon for all the members to be “up to speed” and the inclusion of additional members also too many, too quick, of course with no disrespect whatsoever to any of the later members, some of the later members may have better prepared than members already in, my point here is the management of too many different mentalities and ways of life.
In my particular case I have been out of the UK for just over 32 years, so obviously being over the 15 years there is no chance for me to vote in something that will affect me in a big way, and feel damaged by this. I am a born British Citizen, holding no other nationality, living in Spain, I think that my voice and the voices and all of the British expats that can’t vote should be heard and not only heard, we should be listened to.
