Professions and Civil Service

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Professions

• Recognition of professional qualifications

The recognition, obtained before the end of the Transition Period, of professional qualifications, as defined in Article 3(1)(b) of Directive 2005/36/EC of the European Parliament and of the Council, for European Union (EU) citizens and United Kingdom (UK) nationals, and members of their families, regarding their host State or State of work, will continue to be effective in their respective States, including the right to exercise their profession under the same conditions as their nationals if said recognition has been obtained in accordance with one of the following provisions:

  • Title III of Directive 2005/36/EC, on the recognition of professional qualifications in the context of the exercise of the freedom of establishment, regardless of whether this recognition took place by virtue of the general regime on the recognition of training qualifications, the regime for the recognition of professional experience or the recognition regime based on the coordination of minimum training conditions;
  • Article 10(1) and (3) of Directive 98/5/EC of the European Parliament and of the Council regarding access to the profession of lawyer in the host State or State of work;
  • Article 14 of Directive 2006/43/EC of the European Parliament and of the Council regarding the authorisation of legal auditors from another Member States;
  • Council Directive 74/556/EEC regarding the admission of evidence of the knowledge and aptitudes necessary to gain access to non-salaried activities of the trade in and distribution of toxic products or that entail the professional use of such products including activities of intermediaries, and the exercise thereof.

• Procedures under way to recognise professional qualifications

Article 4 and 4(5) of Directive 74/556/EEC regarding the recognition of professional qualifications for the purposes of establishment, Article 4(7) and Title III of Directive 2005/36/EC, Article 10 (1)(3) and (4) of Directive 98/5/EC and Article 14 of Directive 2006/43/EC will apply regarding examinations by a competent authority of the host State or the State or work, of applications for the recognition of professional qualifications that have been presented by EU citizens or UK nationals before the end of the Transition Period and of the decisions resolving said applications.

Article 4(2)(3) and (6) of Directive 2005/36/EC will also apply to the extent that they are relevant to finalise the procedures for the recognition of professional qualifications for the purposes of establishment by virtue of Article 4(5) of said Directive.

• Administrative cooperation on the matter of the recognition of professional qualifications

The UK and Member States will cooperate to facilitate the resolution of procedures under way. This cooperation may cover the exchange of information, particularly relating to disciplinary measures and criminal sanctions or any other serious and specific circumstance that may have consequences for the exercise of activities that fall within the scope of the aforesaid Directives.

During a period not exceeding nine months as from the end of the Transition Period, the UK may continue to use the internal market information system in relation to the applications mentioned in Article 28 provided that these correspond to procedures for the recognition of professional qualifications for the purposes of establishment pursuant to Article 4(5) of Directive 2005/36/EC.

Spanish Nationals and Nationals of Other Member States

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

Yes. You may continue to exercise your profession or professional activity in Spain, under the same terms as your professional qualification is recognised, provided that you meet the rest of the conditions that the exercise of your activity are subject to.

I am a Spanish national or a national of another EU Member State and I have presented or have pending the presentation of the application for the recognition of my professional qualification acquired in the UK or in Gibraltar, what will happen?

Applications for the recognition of professional qualifications obtained in the UK or in Gibraltar that have been presented to the Spanish authorities before the end of the Transition Period will be resolved in accordance with the legal regime in force before the withdrawal of the UK.

Similarly, all applications presented in the five years prior to 1 January 2021 will also be resolved under this same legal regime provided that the admission to the start of the studies or activities that lead to obtaining it took place prior to 1 January 2021.

I am a Spanish national or a national of another EU Member State established in the UK or in Gibraltar, who exercises a profession or a professional activity in Spain on a temporary or occasional basis. May I continue to undertake this temporary or occasional activity in Spain?

You may continue to exercise your professional activity, but with the sole aim of complying with those contracts in force on the withdrawal date of the UK from the EU. At any event, you are recommended to pose this question to the British authorities.

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

You may continue to exercise your professional activity, under the conditions provided for in Title II of Royal Decree 581/2017, of 9 June, during the period of validity of the declaration, without the possibility of renewal, provided that the other conditions applicable are respected.

Please send any doubts to the email address brexit@universidades.gob.es

UK Nationals

I am a UK national and I exercise my profession in Spain which requires being a national of an EU Member State. Can I continue to exercise my profession in Spain?

Yes. You may continue to exercise your profession or professional activity in Spain, under the same conditions and without the need to carry out any additional formalities, provided that you meet the rest of the conditions that the exercise of your activity is subject to.

I am a UK national; can I present myself in Spain for the aptitude tests to exercise certain professions that require being a national of an EU Member State?

You can present your candidacy, without the need to apply under the procedure for the waiver of nationality, but only if the tests were officially announced prior to the date of the end of the Transition Period.

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

Yes. You may continue to exercise your profession or professional activity in Spain, under the same terms as your professional qualification is recognised, provided that you meet the rest of the conditions that the exercise of your activity are subject to.

I am a UK national and I have presented or have pending the presentation of the application for the recognition of my professional qualification obtained in a Member State, in the UK or in Gibraltar. What will happen?

Applications for the recognition of professional qualifications obtained in a Member State, in the UK or in Gibraltar that have been presented to the Spanish authorities before the end of the Transition Period will be resolved in accordance with the legal regime in force before the withdrawal of the UK.

What will happen with applications for automatic recognition of training titles (Article 29 and following articles of Royal Decree 581/2017, of 9 June, transposing to the Spanish legal system 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)?

These applications, provided that they are presented to the Spanish authorities before the end of the Transition Period, may be subject to this recognition, unless the UK or Gibraltar modifies the training necessary to obtain some of these titles, substantially altering the minimum training conditions established at an EU level.

I am a UK national established in the UK, in Gibraltar or in another EU Member State, who exercises a profession or professional activity in Spain on a temporary or occasional basis. May I continue to undertake this temporary or occasional activity in Spain?

You may continue to exercise your professional activity, but with the sole aim of complying with those contracts in force on the withdrawal date of the UK from

the EU.

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

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

I have a professional company, incorporated pursuant to the legislation of the UK or Gibraltar, which is domiciled, has its central administration or main activity centre in the UK or in Gibraltar, but I habitually operate in Spain. Can I continue to engage in my activity?

For one year following the withdrawal date of the UK from the EU, you may continue to operate in Spain provided that you comply with the requirements under Law 2/2007, of 15 March, on professional companies and other applicable legal provisions; in particular, the Seventh Additional Provision of said law, which demands compliance with the conditions provided for in British legislation to act as a professional company.

Public Employment Civil Servants

I am a UK national and a career civil servant, temporary civil servant or on work experience. May I continue to provide my services for the Spanish civil service?

Yes, you may continue to provide your services under the same conditions provided that entry or the commencement of the activity took place prior to 1 January 2021.

I am a national of a third country who has joined the Spanish civil service as a family member of a British national. May I continue to provide my services for the Spanish civil service?

Yes, you may continue to provide your services under the same conditions provided that entry or the commencement of the activity took place prior to 1 January 2021 and is under the same conditions provided for in Article 57.2 of the recast text of the Basic Statute on Public Employment, approved by Royal Legislative Decree 5/2015, of 30 October, allowing you entry thereto.

I am a UK national. May I join the Spanish civil service under an employment contract after 1 January 2021?

Yes, you may join the Spanish civil service under an employment contract provided that you are a legal resident in Spain or in one of the situations contained in Article 57(2) or (3) of the recast text of the Basic Statute on Public Employment.

I am a UK national under an employment contract with the Spanish civil service. May I maintain my status under an employment contract as an employee of the Spanish civil service?

Yes, you maintain your status under an employment contract as an employee of the Spanish civil service pursuant to the provisions of Article 57(4) of the recast text of the Basic Statute on Public Employment.

Non official translation

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