British citizens and social security in Spain after Brexit

Key rules

• Cut-off date: Legal residence in Spain by 31 December 2020 puts you under the Withdrawal Agreement; arriving from 1 January 2021 puts you under the Trade and Cooperation Agreement.
• Pensions: UK and Spanish periods are added together under both regimes, and each country pays its own share.
• Unemployment: The Trade and Cooperation Agreement does not add up unemployment periods the way EU rules do.
• Proof: Keep proof of your residence and its continuity, because your status depends on it.

Which agreement covers you

The dividing line is 31 December 2020.

• Legally resident in Spain by 31 December 2020: the Withdrawal Agreement covers you.
• Moved to Spain from 1 January 2021: the Trade and Cooperation Agreement covers you, through its social security protocol.

The decision below helps you pick your case.

If the Withdrawal Agreement covers you

You keep the EU social security coordination rules for as long as you stay in a continuing cross-border situation. That includes your health care rights and your pensions. UK and EU periods before and after the end of 2020 all count.

Your status depends on proof that you were resident and that your residence has continued. Keep your residence documents safe. If you are unsure, ask the INSS, Spain's social security institute.

If the Trade and Cooperation Agreement covers you

The protocol covers pensions, adding up contribution periods, sickness and maternity, and work accidents. It also sets rules for workers posted abroad temporarily.

It does not cover unemployment aggregation or long-term care the way EU rules do. Do not plan on using UK contribution periods to claim Spanish unemployment benefit.

Health care access depends on your route to residence in Spain. For example, you may get it through work contributions, or you may need private insurance as a condition of residence. Check which applies to you before you arrive.

Pensions under both regimes

Your UK and Spanish insurance periods are added together to decide whether you qualify for a pension. Each country then pays you its own share, in proportion to the time you spent in it.

This works for retirement, invalidity and survivors' pensions. Spain asks for a minimum of 15 years' contributions for a retirement pension on its own. Adding periods under the agreement can help you reach it.

The INSS in Spain and the International Pension Centre in the UK decide your eligibility and work out the amounts. Ask both before you retire or move.

Next steps

1. Work out whether you were resident by 31 December 2020.
2. Gather proof of residence and your contribution records from both countries.
3. Ask the INSS to confirm which agreement applies and how your periods will count.

The FAQ below answers common questions on pensions, unemployment and health care.

Choosing between options

Does the Withdrawal Agreement or the trade agreement cover your social security?

• Withdrawal Agreement: You were legally resident in Spain by 31 December 2020. EU social security rules keep applying to you while you stay in a continuing cross-border situation, including health care rights and pensions.

• Trade and Cooperation Agreement: You moved to Spain from 1 January 2021. It covers pensions, adding up periods, sickness and maternity, and work accidents, but not unemployment periods or long-term care in the way EU rules do.

Check the date you became legally resident in Spain: on or before 31 December 2020 means the Withdrawal Agreement, from 1 January 2021 means the Trade and Cooperation Agreement.

Frequently asked questions

Are my UK and Spanish contribution periods added together for a pension?

Yes, UK and Spanish insurance periods are added together for pension eligibility under both regimes, and each country pays its own share of the pension. Spain needs at least 15 years of contributions for a retirement pension on its own, so combining periods can help if you fall short. The Spanish social security office (INSS) and the UK International Pension Centre work out the final amount.

Can I claim unemployment benefit using my UK contribution periods?

Not reliably, because the trade agreement does not add up unemployment periods the way EU rules do. This matters most if you arrived from 1 January 2021. Ask the INSS about your own case before you count on it.

How do I get health care in Spain if I arrived after 2020?

Your access depends on the residence route you used to move to Spain. For example, it may come from work contributions or from a private insurance requirement. Check with the INSS which applies to you.