On Monday 2 June, voters in Poland awoke to the news that the right-wing, Trump-backed Karol Nawrocki had narrowly defeated the centrist-liberal candidate, Rafał Trzaskowski in the country’s presidential elections. Meanwhile, democracy is in retreat in Hungary under Viktor Orbán, with ongoing challenges to human rights and civil society.

The following day, Grassroots for Europe, a UK-based umbrella organisation representing local pro-European groups, invited experts from Hungary and Poland to a roundtable forum with over 20 pro-European and citizen organisations to talk about the potential impact of these political shifts on the two countries, and on broader EU relations and security.

Setback and crackdown

The session, entitled ‘Democracy updates from Poland and Hungary – setback and crackdown’, was chaired by Cecilia Jastrzembska, co-chair of the EU–UK Stronger Together programme. The speakers were:

Wojciech Przybylski, editor-in-chief of the Polish publication Visegrad Insight and president of the Res Publica Foundation, an independent, non-partisan thinktank based in Warsaw

Dr András Kádár, human rights lawyer and co-chair of the Hungarian Helsinki Committee, which assists refugees, detainees and victims of law enforcement violence

The Polish elections

Although he was technically an independent candidate, Nawrocki’s candidacy was supported by the right-wing Law and Justice (PiS) party, and his win was welcomed by populist leaders including Le Pen, Trump and, of course, Hungary’s Viktor Orbán. Wojciech Przybylski argued that, like many elections, this one was primarily lost by the opposition, rather than won by the victor. In much of Polish society, perceptions of the coalition government are negative, as reflected in current opinion polls. Centrist voters were deterred by the negative campaigning that dominated in the second run-off vote, resulting in victory for a man described by the Sunday Times as a hooligan and a pimp.

Przybylski, perhaps trying to look on the bright side, noted that Nawrocki is a polarising figure and dislike of him could have the opposite effect on voters in 2027, which could bolster the Tusk government’s fortunes. Alternatively, in foreign relations Nawrocki could even prove an asset, should he play along – helping to build bridges with Trump and nudge him towards supporting the war effort in Ukraine and Europe’s defence posture.

Poland’s shift to the right

Discussing the potential impact of Nawrocki’s presidency on Polish politics and foreign policy, Przybylski argued it is unlikely to be comfortable for the ruling coalition, nor indeed for the opposition. Nawrocki may end up positioning himself somewhere between the PiS and the far-right libertarian, sometimes extreme-right, Confederation (Konfederacja), which includes Sławomir Mentzen’s New Hope party and the more radically extreme Confederation of the Polish Crown (KKP), led by Grzegorz Braun.

Meanwhile, the ruling majority is increasingly aware it could lose power in 2027, so it will avoid making unpopular decisions and may well cut back on its reforming agenda. One strategy to attract voters could be to open the public coffers, distributing benefits with little regard for fiscal discipline. Given Poland’s high levels of defence spending, the impact on the country’s finances could be severe.

While the election results do represent a shift towards Euroscepticism and nationalism – potentially challenging Tusk’s pro-European agenda – Tusk’s Civic Platform and Kaczyński’s PiS together garnered 60% in the first round of the presidential elections. This duopoly that has dominated Polish politics for over 20 years may now be in decline, but the liberal majority parliamentary coalition parties would have had nothing to gain if Tusk had lost the vote of confidence on June 11 (which, as expected, he duly won).

Risks and opportunities

Under the previous PiS government, there was intentional state capture in terms of institutional matters such as the rule of law and the handing out of state assets to private actors. The Tusk government’s approach has been at times bureaucratic, but focuses on the proper process of legislation, respect for EU rules and rolling back, for example, efforts to turn a taxpayer-funded TV service into a party propaganda machine. Despite all this, while Przybylski believes the health of Poland’s democracy was damaged, the progress made under Tusk may slow or stall, but it is not likely to be reversed in the near future.

Asked about Foreign Minister Radosław Sikorski’s potential as a future leader, Przybylski responded that he is well positioned for a bid for the presidency in 2030. He is a politician with a similar international standing to Donald Tusk, but with extensive domestic experience and a strong record in government. His ability to play ‘the polarisation game’ and sit down with politicians of all stripes (he had beers with both Trzaskowski and Sławomir Mentzen just before the elections), plus his potential to build bridges with international partners, could make him a key player.

Foreign influence and vote concern

The recent MAGA-backed CPAC event in Poland, funded, directly or indirectly, by Victor Orbán, overtly supported the PiS party campaign, but Przybylski does not believe it had much influence on the results. More concerning, he argued, is foreign information manipulation and interference (FIMI), intended not so much to support one party, but to undermine democracy and destabilise and polarise society. Three or four of the 13 presidential candidates ran on platforms that clearly drew on Kremlin narratives and there was undoubtedly some FIMI in the recent election process. But for the moment, this remains on a relatively limited scale.

The elections have been followed by allegations of irregularities and fraud; Poland’s national election body is now investigating potential vote counting irregularities and Trzaskowski has filed a protest with the Polish supreme court. A recount completed this week found some miscounted votes, but the election results still stand. These issues have, however, raised public concern about the electoral process, with Donald Tusk commenting on 18 June that resolving them is essential for maintaining trust in Poland’s democratic institutions.

Democracy under threat in Hungary

András Kádár, meanwhile, revealed concerning details on the state of affairs in Hungary, where the Orbán regime is putting increasing pressure on human rights organisations. New laws against foreign support for civil society organisations have had a chilling effect, but – so far – the Orbán government hasn’t been determined or efficient enough to threaten the existence of independent media outlets or civil society organisations in Hungary. It has tried to maintain at least a façade of democracy and not to be seen to be crossing certain lines.

The results of the Polish elections, and the close-run outcome of the elections in Romania, may encourage Orbán to believe the tide is now turning his way, and he can finally do away with checks and balances on his power. But Kádár was clear that “we are not giving up the fight. We haven’t done that for the past 15 years, and we are not intending to start now”.

Challenging the regime

Asked how organisations like the Hungarian Helsinki Committee are fighting back against democratic weakening and backsliding – such as legislative proposals threatening the suspension of Hungarian citizenship and violating freedom of assembly – Kádár talked about both legal countermeasures and civil resistance as vital tools for challenging the regime.

He argued that constitutional changes mean the law is no longer the law in Hungary – it is now seen by the regime as a tool for communication and the propaganda of hate. However, the rule of law persists in Hungary; nobody is above the law, even if the government can change it at will. This means hostile legislation can be challenged and, if necessary, taken out of the captured domestic system and brought before European courts.

Fighting back against Pride crackdowns

Ahead of Pride month, activists set up LGBTQ+ themed ‘pilot demonstrations’, which they announced to the police, to test their reaction and determine how to go about appealing bans, seeking both domestic remedies and interim measures in the Court of Human Rights in Strasbourg. “We are not afraid to actually announce a demonstration for LGBTQ+ rights, and we are absolutely not afraid to fight the police ban, and maybe attend Pride, even if it’s banned, and then take the consequences”, said Kádár. Such civil disobedience, he contended, empowers people to defy anti-democratic processes, because “this is a bully system, and I think you have to step up to a bully to be able to stop them”.

The autocrats’ laboratory

Despite Orbán’s manoeuvres to make it more difficult for other parties to win elections, Kádár believes Péter Magyar, the leader of Hungary’s largest opposition party, TISZA (Tisztelet és Szabadság – Respect and Freedom), has a serious chance of winning next year’s elections. Public opinion polls show that TISZA has a statistically significant lead. Orbán’s illiberal regime has resulted in the removal of checks and balances, and “when loyalty is the only criterion, when you don’t care about expertise and professionalism any more, and you don’t listen to those who disagree, I think you are bound to fail when it comes to policy. And this is just what happened in Hungary.”

The country is falling behind its neighbours on many metrics, including inflation, education and healthcare. The Orbán regime can only survive by becoming a “fully-fledged autocracy”. The questions now are whether that is possible as an EU member, whether the regime has the will to go further down that road, and what the European response will be.

Hungary will be an important test in this respect for the EU: Orbán is routinely crossing major red lines. The trends are not reassuring, with the AfD in Germany, Le Pen’s party in France, and Romania only just dodging the bullet. Even where the far right has not broken through, its voter numbers are climbing and Hungary is seen as a laboratory for other would-be autocrats in bigger countries, where they could cause much bigger problems – as we are seeing only too clearly in the USA.

Keeping Hungary in the spotlight

Kádár concluded by calling on activists everywhere to keep up the pressure: any kind of sanction, acts of solidarity, and alerting your contacts and friends about the issue would be of great help to Hungary. On one hand, it is a small country, and on the other, there is a danger of Hungary fatigue, that “people get tired and decide it’s a lost cause, it’s hopeless, so let’s focus on other challenges, let’s focus on Poland, let’s focus on Romania”.

What next?

Both speakers emphasised the importance of resilience and resolution in the face of democratic backsliding, and especially the need for continued support and solidarity from the European Union and other international partners.

The roundtable stakeholders agreed that continued engagement on these critical issues is vital, and hope to organise further events, possibly in collaboration with the Polish embassy and other organisations, to raise awareness of these worrying developments on the Eastern edges of the European Union.

Bremain in Spain are proud to work closely with the British Ambassador & Embassy staff to keep you informed about life in Spain.

Bremain attended a meeting with representatives of the Embassy and the Foreign, Commonwealth & Development Office to discuss forthcoming changes affecting travel between the UK and the EU.

ENTRY/EXIT SYSTEM

The introduction of the EES will require UK-based British citizens, as 3rd country nationals, to create a digital record, submit fingerprints and have a photo taken for facial recognition purposes when travelling to the EU.

Implementation of the EES is scheduled for October 2025 and a launch date should be confirmed very soon. The system will be rolled out over a 6-month period.

UK nationals resident in Spain who are in possession of the TIE will be exempt (see below).

More information here

ELECTRONIC TRAVEL AUTHORISATION (ETA)

When travelling to the UK, EU citizens need to apply for an ETA.

Any UK national who has not renounced their British citizenship, will be recognised as British by the UK authorities. Therefore, those currently without a British passport are encouraged to re-apply for one as soon as possible, to avoid the necessity of applying for an ETA.

More information here

TIE (Foreigner Identity Card)

The number 1 priority for all British residents in Spain, who are still in possession of the old green residencia document/card, is to switch to the TIE. Only those that can prove their residency with the TIE will be exempt from the forthcoming EES system – something both the Spanish and British authorities agree on.

More information here and on our TIE webpage

Update from Embassy 14 May

In October 2024 (date still tbc), the EU is introducing a new scheme for non-EU citizens (including British Nationals) entering an EU country for a short stay. The EU Entry/Exit System (EES) will require non-EU tourists to provide their name, passport details & biometric data (fingerprints and facial images) & will replace the current stamping of passports at the border. Details will also need to be provided regarding the date and place of entry and exit.

Details will be kept on file for 3 years meaning that, for example, any British citizen making repeat visits to Spain during that 3-year period would not need to go through the same registration process each time.

Exemptions for British residents in Spain: Residents will need to show their TIE biometric card in order to be exempt from EES registration. Therefore, the British Embassy & Bremain in Spain strongly recommend that all British residents in Spain apply for a TIE before the EES comes into force, including those currently using the Green Certificate.

Useful links

EU Entry/Exit System (EES)

UK Parliament House of Commons Library – EU Entry/Exit System & EU Travel Authorisation System

British Embassy Facebook Page – Brits in Spain

Update from Embassy 23 November

Bremain attended a webinar with the Embassy today to discuss the pressing issues of Driving Licence exchange and local voting rights in Spain.

Driving licence exchange – the discussions have progressed & the next steps are legal checks & political processes. While the timeline is out of the Embassy’s control, further information will be forthcoming as soon as it is available.

For the latest information of the conclusion of the two outstanding issues, watch the video from the Ambassador here

Update from Embassy 11 June

Following the ruling by the European Court of Justice (ECJ) regarding EU citizenship and voting/standing in local elections, the Embassy would like to confirm the rules with regards to Spain.

More information on voting rights in Spain (and the treaty, signed in January 2019) is available in the Embassy’s Living in Spain guide.

Update from Embassy 23 February

The latest update from the Embassy includes information on a variety of subjects, including an extension for the use of UK driving licences in Spain.

For all the latest information, click on the relevant PDF below for all the latest details and useful links.

• Driving Licence PDF
• Access to regional employment services PDF
• Residence registration PDF
• Voting rights and registration on the electoral roll PDF

Update from Embassy 22 December

As the year comes to a close, the Embassy have provided an update on the issues that are still concerning UK nationals living in Spain.

RESIDENCY

Following a negative outcome on a residency application, some UK nationals have received an instruction to leave Spain within 15 days. While discussions between the relevant authorities are ongoing, the Embassy have put together some information for those finding themselves in this position. Open the Residency PDF for further details.

DRIVING LICENCES

Ambassador Hugh Elliott has recorded a video message for UK Licence holders living in Spain, which has been posted on the Brits in Spain Facebook channel. Negotiations are “progressing” but have yet to reach a conclusion. An extension to the current grace period has been asked for, and is expected to be granted, before the end of the year. Open the Driving Licence PDF for further details.

PASSPORT STAMPING

UK travellers are still experiencing inconsistencies at the border, with some Withdrawal Agreement beneficiaries being stamped despite presenting evidence of their residence status, and some visitors being stamped only on entry and not on exit.

For the second group – the travellers who are concerned that they received an entry but not an exit stamp –  the Embassy have recently updated their travel advice page with information in line with the Schengen Borders Code. This information currently sits under the subheading ‘visas’ on the page. We advise UK travellers to carry evidence of when and where they last entered and exited the Schengen Area when travelling in the future as you can ask a border guard to add this information into your passport. Acceptable forms of evidence can include boarding passes and tickets.

TAXATION OF OCCUPATIONAL OR PRIVATE UK PENSIONS

In response to issues raised in this regard by Bremain in Spain, the Embassy have put together some information. Open the Pensions PDF for further information.

Update from Embassy 13 November

The Embassy are often contacted for assistance in areas they are unable to assist with. To clarify where they can help, and to point people in the right direction where they can’t, a guide has been produced to explain the services they provide. Click here to open the guide

For visas for those wishing to move to Spain, please contact the Spanish consulate in the UK

To contact the Embassy in Madrid by phone or online, or for more information click here

Update from Embassy 27 October

DRIVING LICENCE EXTENSION

The Spanish government has today announced that valid UK licences will continue to be recognised for driving in Spain until 31 December 2021.

Negotiations are ongoing, and the Embassy will continue to provide information as and when any developments happen.

Independent of those ongoing negotiations, UK Nationals who successfully registered their intent to exchange their licence before 30 December 2020, will be able to exchange it for a Spanish one without having to take a practical test up until the end of this year. The Embassy understands that some people who tried to register their intent have subsequently found out that they were unsuccessful in doing so. If this is your situation and you are unclear as to why, you should contact the DGT directly to discuss further. https://www.dgt.es/es/contacto.shtml

If you moved to Spain after 1 January 2021, your UK licence is valid for six months from the date of your TIE or until 31 December, whichever is later.

Update from Embassy 12 October

UK national stakeholder event with FCDO Minister for Europe and the Americas

On Thursday 30 September, Wendy Morton, FCDO Minister for Europe and the Americas, met with 14 representatives from ten organisations that work closely with the UK community in Spain, as part of her visit to Madrid.

The meeting was an opportunity for the Minister to hear of the main concerns and issues affecting UK nationals in Spain, following the end of the transition period on 31 December 2020, ahead of her meetings with the Spanish government later that day. The issues raised included: registration/residency applications, visa processing, the stamping of passports, immigrations status, moving back to the UK and many more.

Update from Embassy 27 September

Earlier this year, the Embassy carried out a series of Healthcare focus groups throughout the EU. Some of the most popular questions and concerns were about NHS access and S1 registration, with participants wanting more detailed information.

As a result, the Embassy have produced the following series of infographics. Click on the relevant PDF for more information:

Registering your S1 with the INSS

The INSS has recently updated its online portal.  The process has been revised, and there’s a specific link for S1 form holders who wish to register online.  There is a dedicated page on gov.uk which outlines the process for registering your S1 online, and which has been updated to reflect changes made.

Please note that, at present, the page is only in Spanish and it has an additional series of instructions to ensure you confirm your identity.

Update from Embassy 25 June

Starting today, the Embassy Health Team are offering one-to-one calls with UK nationals on the last Friday of every month, continuing throughout the summer.

Update from Embassy 23 June

CHANGES TO DEADLINE RE DRIVING LICENCE EXCHANGE

On Tuesday 22 June, the Spanish Consejo de Ministros agreed an extension to several measures in their end-of-transition period Royal Decree.  One was on the recognition of UK driving licences in Spain.  The announcement in English can be found here.

The deadline for the exchange of driving licences, for those who were resident in Spain prior to the end of the transition period, has been extended. For full details of the changes, read our PDF here

 You can also find further details re driving licences, for those who did not register details/intent before the 31/12/20 deadline, in the PDF.

Update from Embassy 27 May

On Thursday 27th May, Bremain in Spain Chair, Sue Wilson and Vice Chair, Lisa Ryan Burton attended an update meeting with British Embassy staff to discuss:

• Driving Licence Exchange
• Travel – including the much discussed ‘carta de invitación´
• Residency
• Votes for life – government press release

To read all about those discussions and get the latest information, click on the PDF here.

Update from Embassy 21 May

In response to members’ concerns about entry requirements to Spain – especially in relation to visitors to our homes – the Embassy have provided the following update and helpful links.

Following recent discussions with the Spanish authorities, the relevant Embassy webpages have been updated, and further clarification will be available in due course.

The following websites are recommended by the Embassy as the best sources of information:

• Spain Travel Advice (We recommend subscribing for email alerts as this is updated regularly)
• Visiting the EU page on gov.uk
• Foreign travel advice (see Regular entry requirements)
• Ministry of Interior – for more information on the ‘carta de invitación’
• Ministry of Interior – for more general information on entering Spain as a non-EU national

There is further information direct from the Embassy in the PDF

On Tuesday 20 April, our Chair, Bremain in Spain Chair, Sue Wilson took part in a meeting with representatives of the FCDO (Citizens’ Rights department) and British Embassy staff from Madrid and Paris. The meeting was also attended by representatives of citizens’ rights groups from 7 EU countries.

The meeting involved discussions around the misrepresentation in the media of recent coverage of events regarding UK nationals, most especially in Spain. Other topics included communications, information and support being provided for Brits abroad, followed by a question and answer session.

To read more about the meeting, open the PDF

There has been some confusion over the rules for visiting other Schengen countries when legally resident in Spain. We asked the Embassy to clarify how long you are entitled to visit, and whether the rules are different for those with temporary residency to those with permanent residency.

In response to recent concerns our members raised over access to Spain’s vaccination programme, we approached the Embassy directly and received this response:

“The Spanish Government’s Vaccination Strategy sets out that all people living in Spain will be eligible for the vaccine, regardless of nationality or residency status.  The Vaccination Strategy is updated regularly to include new priority groups as the number of doses available gradually increases.  You might be interested to see this question and answer from the Spanish government’s FAQ website, which highlights that all people in the priority groups, irrespective of their nationality or type of sickness insurance cover, are being vaccinated.

Those UK nationals who are already registered in the public health system should be contacted by their regional health authority to arrange an appointment.  The Spanish authorities are asking insurance companies to coordinate with regional health services in order to provide vaccines to their customers.  The Spanish authorities are also considering how to contact people who are not registered on the public system nor with a private insurer.  Ultimately, our advice to UK nationals living in Spain remains that they contact their local health centre and/or insurer for more information.”

The Embassy will provide further updates as and when further information is available, and the issue will be followed closely by the Embassy communications team.

• Continuation of S1 scheme
• Sending medication via courier from the UK to Spain
• S1 registration issues

There has been plenty of information available recently regarding applications for Spanish residency. To date, that information has related to those that arrived in Spain before the end of the Brexit transition period.

What are the requirements for those moving to Spain from 1 January 21?

UK nationals moving to Spain post Brexit (and who are not joining close family members under WA family reunification rules) will need to meet the same requirements as other third country nationals.

In most cases, this will require starting the process via the Spanish consulate in the UK, before traveling to Spain.  The requirements will differ depending on the visa/residence permit the person is applying for (e.g. a residence and work permit, a non-lucrative visa, etc).

UK nationals requiring further information about visas/residence permits should consult with the competent authorities for Spain:

For the Spanish Consulate in the UK visa FAQ page, click here

For the Ministry of Inclusion, Social Security and Migration page, click here

The Embassy has produced an essential guide explaining your citizens’ rights as covered by the Withdrawal Agreement. The guide contains information of the following topics, as well as many useful links:

• Living & working
• Healthcare
• Driving
• Education
• Voting
• Travel
• Pensions

You can view/download the guide HERE or click on the image below. Hard copies are available from the Embassy directly.

 On Wednesday 27 January, our Bremain Chair, Sue Wilson & Vice Chair, Lisa Burton attended a meeting with British Ambassador, Hugh Elliott & his Embassy team.

The Ambassador & his team spoke to a number of issues – many of which are being compounded by both Brexit & Covid. Prior to the meeting, our members raised a number of important concerns with us.

 Thank you for bringing these important issues to Bremain’s attention, and to the Embassy for their knowledge, support and efforts on behalf of all Brits in Spain.

• A bilingual, informative note on the documentation that UK nationals can use to evidence their residence status and that they are a beneficiary of the WA. Notwithstanding the Spanish government’s clear recommendation for UK nationals to get the TIE, this confirms the validity of the green certificate, even if it is older than 5 years and doesn’t say ‘permanente’.

The Embassy and officials at the Spanish Migration ministry hope that UK nationals will be able to print off or point to this second document should they have any problems in exercising their rights or accessing services in Spain.

The English version of the ministry website and the Embassy’s own Living in Spain guide should be updated with this information shortly.

Bremain held its first webinar in conjunction with Lorna Geddie from the Embassy. The 63 Bremain members attending raised questions on a wide range of topics, including travel, visa requirements, pensions, banking, residency, healthcare/EHIC, swallows rights, driving licences & dual citizenship.

Many thanks to Lorna for her valuable input & to all those that took part.
In response to all the issues raised, Lorna has kindly put together a PDF especially for Bremain in Spain members. (Last update: January 2021)

“My thanks to Sue, Matt and Lisa for organising the webinar, and very especially to Lorna who was clear, knowledgeable and very generous with her time” – Richard Lander

”Thanks very much for organising an excellent meeting & to all involved” – Mel Slater

“A wide range of topics were covered. Very interesting, informative & inclusive” – Sue Scarrott

”Thank you to everyone at Team Bremain for making this happen” – Jacqueline Davison

To apply for your new UK EHIC via the new portal, click HERE

• those who qualify for an S1 form on the basis of another benefit, such as a UK State Pension
• those receiving benefits from an existing S1

To read the Embassy update on exportable benefits in full, click on the PDF HERE

The healthcare team have also responded to your queries regarding EHIC cards. You can read their update PDF HERE (Updated 9/11/2020)

If you have any further questions, you can contact the dedicated health team by email at: healthcare.spain@fcdo.gov.uk

The SCCR met on 8 October for the 3rd time – the agenda included social security coordination, registration and support for the most vulnerable. You can read the joint statement from the UK and EU, issued following the meeting here

For details open or download the PDF HERE or select image above.

The Embassy welcome direct contact from members of the public, with general or more specific, personal enquiries. Please use this LINK to make direct contact as it will generate an online form & provide a reference number.

You can also contact the consulate in your area – a list of consulates can be found here

You will receive a direct response in due course.

The Embassy provide regular updates, including live Q & A sessions, on their Facebook page here

The Embassy website has a wealth of information on a variety of topics, including details of how things will change after the end of Brexit transition period here

You can also follow them on Twitter: @BritsliveSpain