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PROFESSIONS AND PUBLIC FUNCTION

  • Recognition of professional qualifications

Recognition of the professional qualifications, as defined in Article 3.1b) of Directive 2005/36/EC of the European Parliament and of the Council, in place before the end of the transition period, of citizens of the EU and of UK nationals and their family members, by the host country or country of employment, will continue to be in force in the respective country. This includes the right to exercise their profession under the same conditions as their nationals if they have been so recognised in accordance with one of the following provisions:

  • Title III of Directive 2005/36/EC with respect to recognition of professional qualifications in the context of the exercise of freedom of establishment, regardless of whether this recognition occurs in virtue of the general system for recognition of training degrees, the system of recognising professional experience or the system of recognition based on the coordination of basic training conditions;
  • Article 10.1 and 10.3 of Directive 98/5/EC of the European Parliament of the Council to facilitate practice of the profession of lawyer in the host country or country of employment;
  • Article 14 of Directive 2006/43/EC of the European Parliament of the Council on the authorisation of legal auditors from another Member State;
  • Council Directive 74/556/EEC with respect to testing the knowledge and skills needed to be eligible to engage in self-employed activities of trading and distribution of toxic products, or that involve the professional use of these products, including intermediary activities, or to engage in such activities.
  • Procedures underway to recognise professional qualifications

Article 4, Article 4 quinquies of Directive 74/556/CEE, on the recognition of professional qualifications for the purposes of establishment, Article 4 septies and Title III of Directive 2005/36/EC, Article 10.1, 3 and 4 of Directive 98/36/EC and Article 14 of Directive 2006/43/EC shall apply with respect to examination by a competent authority of the host country or country of employment, of the applications for recognition of professional qualifications presented by citizens of the EU or UK nationals before the end of the transition period and of the decisions made which resolve these applications.

Articles 4 bis, 4 ter and 4 sexies of Directive 2005/36/EC, to the extent that it is pertinent for completing the recognition procedure of professional qualifications for the purpose of establishment, in virtue of Article 4 quinquies of this Directive.

  • Administrative cooperation on recognition of professional qualifications

The UK and the Member States will cooperate to facilitate the resolution of procedures underway. This cooperation may cover the exchange of information, particularly information relating to disciplinary measures or criminal penalties, or any other serious and specific circumstances that may have consequences for engaging in the activities that enter within the scope of the Directives mentioned above.

For a period of not more than nine months counting from the end of the transition period, the UK may use the internal market information system with respect to the applications referred to in Article 28, provided that they correspond to procedures for the recognition of professional qualifications from the point of view of establishment, under Article 4 quinquies of Directive 2005/36/EC.

SPANISH NATIONALS OR NATIONALS OF OTHER MEMBER STATES

I am a Spanish national or national of another Member State of the EU and I have obtained recognition of my professional qualification acquired in the UK or Gibraltar. Can I continue to pursue my profession?

YES. You may continue to pursue your profession or professional activity in Spain under the same terms by which your professional qualifications were recognised, provided that you comply with the remaining conditions to which such activity is subject.

I am a Spanish national or national of another Member State of the EU and I have presented or am about to present an application for recognition of my professional qualifications acquired in the UK or Gibraltar. What is going to happen?

The applications for recognition of professional qualifications obtained in the UK or Gibraltar that are presented before the Spanish authorities before the the end of the transition period will be resolved in accordance with the legislation in force before the UK's withdrawal.

I am Spanish or a national of a Member State of the EU established in the UK or Gibraltar, and pursue a profession or professional activity on a temporary or occasional basis. Will I be able to continue to perform this temporary or occasional activity in Spain?

You may continue to exercise your professional activity, but exclusively for the purpose of fulfilling the contracts in force at the date of the UK's withdrawal from the EU.

In the above case, what happens if I have made a prior declaration in Spain with a view to performing my profession or professional activity on a temporary or occasional basis?

You may continue to pursue your professional activity under the conditions of Title II of Royal Decree 581/2017 of 9 June, during the validity period of the declaration, provided that the other conditions applicable are respected.

UK NATIONALS

I am a UK national and pursue a profession in Spain that requires me to be a national of a Member State. Can I continue to pursue my profession in Spain?

Yes. You may continue to pursue your profession or professional activity in Spain under the same terms and without the need to carry out any additional procedures, provided that you comply with the remaining conditions to which such performance is subject.

I am a UK national. Can I take the aptitude tests to become eligible to pursue certain professions that require me to be a national of a Member State?

You may take them without the need to request the procedure waiving the nationality requirement, only if the tests were called before the end of the transition period.

I am a UK national and have obtained recognition of my professional qualification acquired in a Member State, the UK or Gibraltar. Will I be able to continue to engage in my profession in Spain?

Yes. You may continue to pursue your profession or professional activity in Spain under the same terms by which your professional qualifications were recognised, provided that you comply with the remaining conditions to which such activity is subject.

I am a UK national and I have presented or am about to present an application for recognition of my professional qualifications obtained in a Member State, the UK or Gibraltar. What is going to happen?

The applications for recognition of professional qualifications obtained in a Member State, the UK or Gibraltar, that are presented before the Spanish authorities before the end of the transition period, will be resolved in accordance with the legislation in force before the UK's withdrawal.

What will happen to the applications for automatic recognition of formal qualifications (Articles 29 and following of Royal Decree 581/2017, of 9 June, incorporating into the Spanish legislation Directive 2013/55/EU of the European Parliament and of the Council of 20 November 2013, amending Directive 2005/36/EC on the recognition of professional qualifications; and Regulation (EU) No. 1024/2012 on administrative cooperation through the Internal Market Information System (the IMI Regulation)?

Provided they are presented before the Spanish authorities before the end of the transition period, these applications may be recognised in this way, unless the UK or Gibraltar modify the method of obtaining any of these qualifications, and diverge substantially from the minimum conditions for qualification established at European level.

I am a UK national established in the UK, Gibraltar, or Member State of the EU, and pursue a profession or professional activity in Spain on a temporary or occasional basis. Will I be able to continue to engage in this activity on a temporary or occasional basis in Spain?

You may continue to engage in your professional activity, but exclusively for the purpose of fulfilling the contracts in force at the date of the UK's withdrawal from the EU.

In the above case, what happens if I have made a prior declaration in Spain with a view to performing my profession or professional activity on a temporary or occasional basis?

You may continue to pursue your professional activity under the conditions of Title II of Royal Decree 581/2017 of 9 June, during the validity period of the declaration, provided that the other conditions applicable are respected.

I have a professional business, set up under the law of the UK or Gibraltar, whose domicile, central administration or principal centre of activity is in the UK or Gibraltar, but I habitually operate in Spain. Can I continue to engage in my activity?

During the year following the UK's withdrawal from the European Union, you may continue to pursue your activity in Spain, provided that you comply with the requirements of Law 2/2005 of 15 March, on professional enterprises, as well as other applicable legislation; in particular, the Seventh Additional Provision of this law, which obliges compliance with the conditions provided for under British law to act as a professional enterprise.

I am a lawyer and a UK national. Can I take the aptitude tests for eligibility to practice as a lawyer, although they require me to be a national of a Member State?

You may take the tests for eligibility to practice as a lawyer, which are called annually in Spain, although only in accordance with the procedure established in Royal Decree 775/2011 of 3 June, approving the Regulation implementing Law 34/2006 of 30 October, on eligibility for the professions of Lawyer and Court Representative, which requires compliance with the following:

  • A Degree in Law from a Spanish university, recognised by partial validation of studies abroad and passes the subjects that cannot be validated.
  • A Master's degree giving access to the practice of law, which will include a period of mandatory internship.
  • A pass in the exam for entry to the legal profession called by the Ministry of Justice required to practice as lawyer.
  • Before joining their respective lawyers' association, you must follow the procedure for waiving the nationality requirement before the Ministry of Justice, as provided for by Royal Decree 658/2001 of 22 June, approving the General Statute for the Spanish Law System and Royal Decree 1879/1994 of 16 September, passing certain procedural rules relating to justice and home affairs.

However, if the exams had been called before the end of the transition period, you may take the test, without having to apply for waiving the nationality requirement.

PUBLIC EMPLOYMENT. CIVIL SERVANTS

I am a British national and a career or interim civil servant, or one on an internship. Will I be able to continue to offer my services in the Spanish civil service?

Yes, you will be able to continue to provide your services under the same conditions, provided that you became eligible for or began the activity before December 31, 2020.

I am a national of a third country and have been able to enter the civil service by being a family member of a British citizen. Can I continue to provide my services for the Spanish administration?

Yes, you can continue to provide your services under the same conditions, provided that your eligibility to or start of activity took place before December 31, 2020 and the conditions provided for in Article 57.2 of the codified text of the Basic Statute Law for the Civil Service, approved by Royal Legislative Decree of 5/2015 of 30 October, are met.

I am a UK national. Am I eligible to take part in the selection procedures for civil servants?

You can participate provided that the expiry date for presenting applications is earlier than December 31, 2020.

I am a UK national and have an employment contract with the Spanish civil service. Can I maintain my position as public employee with an employment contract in the Spanish administration?

Yes, you can maintain your condition of public employee with an ordinary employment contract, under the provisions of Article 57.4 of the codified text of the Law on the Basic Public Employee Statute.

Non official translation