Hostname: page-component-586b7cd67f-2brh9 Total loading time: 0 Render date: 2024-11-20T07:00:29.248Z Has data issue: false hasContentIssue false

A place in the sun? Healthcare rights of retired UK citizens in Spain post-Brexit

Published online by Cambridge University Press:  02 June 2017

Joaquin Cayon-De Las Cuevas
Affiliation:
Faculdad de Derecho, University of Cantabria, Santander, Cantabria, Spain
Tamara Hervey*
Affiliation:
School of Law, University of Sheffield, Sheffield, UK
*
*Correspondence to: Tamara Hervey, School of Law, University of Sheffield, Bartolome House, Winter St, Sheffield, S3 7ND, UK. Email: [email protected]

Abstract

At least 100,000 retired UK citizens currently live in Spain. Under EU law, they are entitled to access the Spanish National Health Service (NHS) with minimum administrative difficulty. What will their legal position be under a ‘no-deal Brexit’? This is a question of Spanish law. The worst case scenario is that they will have to reapply for their residence permits under the Spanish legislation applicable to non-EU/European Economic Area citizens, with all the administrative inconvenience and cost entailed. If they successfully reapply, their personal health care costs will be considerably higher than at present, should they choose to remain in Spain. Very obvious questions of capacity planning arise. The Spanish system will potentially need to gear up for a significant administrative effort. Given the distinct possibility of a ‘no-deal Brexit’, the UK NHS should prepare to welcome significant numbers of pensioners home.

Type
Perspectives
Copyright
© Cambridge University Press 2017 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Department for Work and Pensions (2016), ‘Pensioners’ Incomes Series: An analysis of Trends in Pensioner Incomes: 1994/95-2014/15’, June, https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/563425/pensioners-incomes-series-2014-15-report.pdf, accessed 23 February 2017.Google Scholar
Douglas-Scott, S. (2016), ‘Evidence to the House of Lords EU Select Committee’, Brexit: Acquired Rights, 10th Report of Session 2016-17, HL Paper No. 82, 14 December, Chapter 6, https://www.publications.parliament.uk/pa/ld201617/ldselect/ldeucom/82/8209.htm#_idTextAnchor051, accessed 23 February 2017.Google Scholar
House of Lords (2016), ‘EU Select Committee’, 10th Report of Session 2016-17, HL Paper No. 82, 14 December, https://www.publications.parliament.uk/pa/ld201617/ldselect/ldeucom/82/8208.htm#footnote-109, accessed 23 February 2017. Google Scholar
May, T. (2017), ‘A Global Britain Speech’, Lancaster House, 17 January, http://www.independent.co.uk/news/uk/home-news/full-text-theresa-may-brexit-speech-global-britain-eu-european-union-latest-a7531361.html, accessed 23 February 2017.Google Scholar
Migration Watch (2016), ‘The British in Europe – and Vice versa’, UK Briefing Paper, 23 March, https://www.migrationwatchuk.org/briefing-paper/354, accessed 23 February 2017.Google Scholar
Office for National Statistics (2017), ‘What Information is There on British Migrants Living in Europe?’, January, https://www.ons.gov.uk/peoplepopulationandcommunity/populationandmigration/internationalmigration/articles/whatinformationisthereonbritishmigrantslivingineurope/jan2017, accessed 23 February 2017.Google Scholar
Spain Adviser (2016), Health Care System and Health Insurance in Spain, http://www.sidsnet.org/moving-to-spain/healthcare-insurance-spain/#Cost_of_Private_Health_Insurance, accessed 23 February 2017.Google Scholar
Spanish Court of Auditors (2012), ‘Report on Application of EU Regulations and International Treatments Regarding Health Care in Spain’, 29 March, accessed 23 February 2017.Google Scholar
UK Government (2014), ‘Guidance: Healthcare in Spain’, https://www.gov.uk/guidance/healthcare-in-spain Google Scholar
United Nations, Department of Economic and Social Affairs (2015), ‘Trends in International Migrant Stock: Migrants by Destination and Origin’, http://www.un.org/en/development/desa/population/migration/data/estimates2/estimates15.shtml, accessed 23 February 2017.Google Scholar