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UPDATE: No, Brits in Spain don’t have to apply to exchange their driving licence before Brexit day

UPDATE: Brits in Spain are being assured that they will be able to exchange their UK driving licence for a Spanish one anytime before the end of 2020, despite information on the DGT website.

Published: 30 January 2020 13:59 CET
UPDATE: No, Brits in Spain don't have to apply to exchange their driving licence before Brexit day
Photo by takahiro taguchi on Unsplash

One of the essential preparations Brits in Spain have been advised to do before Brexit is to make sure they had renewed or exchanged their UK driving licence for a Spanish equivalent. Or at least applied to do so.

But many have been having issues getting appointments, while no doubt many more might not have begun the process.

Many readers have complained that it is difficult to get appointments to exchange their UK driving licences for Spanish ones as the Brexit deadline of January 31st approaches.  

As Brexit approaches many Brits in Spain have naturally been asking what they need to do before January 31st with the question of driving licences at the forefront of people's queries.

The website for Spain's road authority the Direccion General de Traffico (DGT) contains information for Britons and what they need to do to exchange a driving licence.

UPDATE:

Spain's Ministry of Interior website was updated on January 30th, the day after the EU parliament ratified the Withdrawal Agreement, with the notice that Brits in Spain would have until the end of the Transition Period on December 31st to swap their British driving licence for a Spanish one.

“The United Kingdom's departure with a Withdrawal Agreement in place ensures that European regulations on driving licenses will continue to apply until the end of the transitional period planned for December 31, 2020,” the website states. 

“People who hold British licenses and intend to remain residing in Spain after the end of the transitional period, are advised to exchange their driving license for a Spanish permit before December 31, 2020 To do so, they must make an appointment through the following link,” it continues. 

They provide a link to request a Cita Previa (private appoitment) HERE. 

No reason to panic

Until just two days before Brexit, the DGT website had included a warning on the page dedicated to Brits and the driving licence exchange process that the DGT will only guarantee to do so under the current system if Brits registered their intent to do so BEFORE Brexit at midnight on January 31st.

Facebook message

In a message posted on a popular Facebook page for Britains in Spain in mid-January, members were warned that it was essential to call this number to signal their intent before the Brexit deadline regardless of the fact a Withdrawal Agreement is in place.

“It's not scaremongering, it's fact,” the message said.

But those who were alarmed by such guidance, can now breathe a sigh of relief as the issue has been cleared up. 

READ MORE: Brexit and Spain: What does it mean for travel after January 31st?

What do the British Embassy say?

On January 28th the British Embassy in Madrid issued a reassuring message on their Facebook page, Brits in Spain. 

It reads:

“We know there has been some confusion around the exchange of UK driving licences and whether you need to start the process by 31 January.

“The information currently on the DGT website referring to the need to register your details by 31 January would apply only to a no-deal scenario.

“The UK is set to leave the EU with a deal under the terms of the Withdrawal Agreement. In practice this means that the rules around the exchange of UK licences will remain the same during the transition period.

“You will have until 31 December to exchange your UK licence for a Spanish one under the current rules, so there is no need to worry if you are unable to start the process before 31 January.”

It's worth noting that in comments below the Facebook post people, especially those living in the Malaga area, were still being advised to start the application process before January 31st.

It's a sign that while the British Embassy might offer reassuring statement Brits in Spain may find the situation on the ground slightly different.

And what do citizens campaign groups say?

Before the embassy's update John Carrivick from Eurocitizens told The Local: “The Withdrawal Agreement (WA) does not specifically address the question of driving licences but it makes clear that EU will continue to apply EU law to UK citizens in the EU (and vice versa) during the transition period. This January deadline would seem to breach at least the spirit of the WA but in practice civil servants are more likely to obey written instructions from their own department than stick their necks out and apply a personal interpretation of the WA.”

What about making an appointment?

Many readers have complained that it is difficult to get appointments to exchange their UK driving licences for Spanish ones as the Brexit deadline of January 31st approaches.  

Even after the original Brexit date of March 29th was postponed and the October 31st date came and went,  last minute applications has meant it is a struggle to book an appointment at some DGT (Direccion General de Trafico) offices, especially those where there are a big concentration of British residents such as Alicante. 

Some people have tried to get appointments in other cities where there are less foreigners requesting the service and reportedly it is still possible to secure an appointment at the Bilbao office within a week.

What if I haven't even moved to Spain yet?

The Local understands that Spain will put something in place to cover those who move to Spain before the end of the transition period but it is yet to be officially announced by the Spanish government and the DGT traffic department.

Worst case scenario: 

After the end of the transition period British licences could be subject to the regulations for ´third countries´ and British driving licences will NOT be able to be swapped for Spanish ones unless a new bilateral agreement between Spain and UK has been drawn up.

Failure to swap your licence could, in the worst case scenario, mean that in order to drive legally in Spain one would have to sit the Spanish driving test.

What if I return to the UK with a Spanish driving licence?

Don't worry about the exchange being permanent either. If you return to the UK permanently then it is simple enough to request a replacement British driving licence from the DVLA:

And on visits back to the UK it should still be possible to drive with a Spanish licence as it is now, although check the insurance policy of the car you are using back in UK.

Conclusions?

If you live in Spain, then by law you will need to change your driving licence to a Spanish one, so make an appointment as soon as possible and hope that the DGT have told employees how to process it during the transition period.

To find out out to do that you can use our guide: Exchanging your British driving licence for a Spanish one: What you need to know

READ MORE: 

 

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GIBRALTAR

Why has Gibraltar still not reached a Brexit deal with Spain?

With yet another round of Spain-UK negotiations set to begin more than eight years since the Brexit referendum, Gibraltar is still without a deal and a November deadline looms over any treaty. Why has it proven so hard to break the deadlock?

Published: 17 September 2024 13:38 CEST
Why has Gibraltar still not reached a Brexit deal with Spain?

On Thursday September 19th, Spain and the UK resume talks on Gibraltar’s post-Brexit status, and has been the case since 2016, uncertainty is still the prevailing feeling.

The British Foreign Secretary David Lammy recently received his Spanish counterpart, José Manuel Albares in London. Both did their diplomatic duties and talked up the prospects of a deal, with Lammy stating he hoped for an agreement that would ensure greater “prosperity and security for the people of Gibraltar.”

Albares, for his part, understandably centred any hypothetical deal on a “shared prosperity between Gibraltar and the 300,000 Andalusians connected every day in their normal lives”.

READ ALSO: Gibraltar demands Spain return stolen concrete block in new diplomatic spat

Though Lammy and Albares discussed the Rock, no formal negotiations or deal can be struck without EU oversight, so the meeting also included discussion of bilateral issues and international concerns such as the wars in Ukraine and the Middle East.

The meeting between the two Ministers was therefore a preamble to yet more formal treaty negotiations in Brussels on Thursday. Since Brexit came into effect at the end of 2020, Gibraltar has essentially existed in legal limbo with no formal treaty.

Border controls have been fudged ever since, leaving locals and Spaniards across the border faced with inconsistent rules and forcing travellers to find creative ways to bypass rules and get over ‘La Línea’. 

Why hasn’t a deal been reached?

So why all the meetings and pre-meetings and endless rounds of negotiations? How is it possible that Gibraltar is still without a Brexit deal all these years later?

A recent piece in El País by Rafa de Miguel, the daily’s UK and Ireland correspondent, perhaps put it best: “The amount of warm words in any political statement is inversely proportional to the progress in the negotiations.”

The reality is that, however many handshakes and photo opportunities and positive attitudes expressed between Spain and the UK on a bilateral level, these are ultimately irrelevant as nothing can be signed without the EU’s approval. 

This is further complicated by the fact that this makes any deal dependent on four way negotiations between Spain, the UK, the EU, and Gibraltar.

Each of these parties has their own individual set of needs, preferences and motivations. The EU won’t want to be seen to give Gibraltar, and by extension the UK, any special treatment for fear of emboldening other member states who desire bespoke arrangements when it comes to border controls and customs checks.

In light of Germany recently reimplementing land border checks, something some say is a direct violation of Schengen rules, this will be especially sensitive in these latest rounds of negotiations. 

Spain has long made territorial claims on Gibraltar dating back to the 1713 Treaty of Utrecht, when the overseas territory was first ceded to the UK, and will want to come out of negotiations with something that can be perceived as a political victory, likely an increased Spanish role in border patrols.

Fabian Picardo, Gibraltar’s Chief Minister, has ruled this out definitively over the last few years, citing concerns about British sovereignty.

The UK government in London will also have worries about British sovereignty, but will balance this with the knowledge that Gibraltar negotiations are also an opportunity to reset relations with Europe more widely, something the new Starmer government has repeatedly stated since coming into power.

READ ALSO: ‘It’s time to reset Britain’s relations with Europe’, says UK foreign secretary

Some reports, however, suggest that despite the positive musings coming from London, negotiations have stalled and that Lammy has no intention of signing anything that would deviate from Gibraltar’s needs and concerns.

Political tensions were increased recently when Gibraltar demanded Spanish far-right party Vox return a concrete block stolen from British waters, and the Euro 2024 winning Spanish football team made international headlines when it celebrating by singing ‘Gibraltar es Español’ (Gibraltar is Spanish).

READ ALSO: ‘Gibraltar is Spanish!’: How Spain celebrated Euro 2024 heroes

Despite wanting to improve relations with the EU, Lammy is expected to reiterate the Labour government’s unwavering commitment to the “double lock” on sovereignty, sources told El País.

Perhaps most pressingly, however, is the fact that these new negotiations now have a deadline: the enforcement of new Schengen Area border rules come into force on November 10th and a treaty must be finalised before then. 

READ MORE: Hard border? What we know so far about new Gibraltar-Spain checks

Schengen Zone rules mean that there are two major outstanding points in treaty negotiations: firstly, the sore point of Spanish border guards on British soil, something Gibraltar rejects outright, and also the question of who would run Gibraltar’s airport, which is located on the isthmus between Spain and the British territory, an area Madrid claims was never included in Treaty of Utrecht.

The most contested aspect of negotiations is Madrid’s demand that Spanish agents should be allowed to carry out checks on passengers arriving at Gibraltar airport and that they should be armed and in uniform.

For many Llanitos (Gibraltar locals) this is an intolerable idea and one Picardo rejects outright: “There will be no Spanish boots on the ground,” he has said repeatedly.

On the other hand, Spain argues that no specific protocol can be designed for Gibraltar and that if it wants to join the border-free European area, it must accept Schengen rules.

Spanish boots on British soil is a particularly visceral point for many Gibraltarians of a certain age. In June 1969, Spanish dictator Francisco Franco closed the border gate between Gibraltar and La Línea de la Concepción, cutting the tiny overseas territory off from the world, separating Spanish-British families and forcing Gibraltar to source food from elsewhere on the planet. 

It was eventually reopened in December in 1982 but those 13 years have taken deep root in Gibraltar’s historical memory and is now embedded into the Llanito collective imagination and identity.

For many on ‘The Rock’, the idea of Spanish border guards on British soil, whether it be in the airport or elsewhere, is simply unacceptable under any circumstances. 

Tax could also prove to be a sticking point. Gibraltar has no VAT, but Madrid has argued that if it wants to benefit from fluid border movement, its tax rules must be brought into line with EU rules.

Of course, there’s also both the domestic and international geopolitical contexts to consider here too. All parties – Spain, the UK, Gibraltar and the EU – have been distracted by other events in recent years.

Spain has been preoccupied by political tension, snap elections and the Catalan amnesty, while Britain suffered the almost cartoonish political instability of the outgoing Conservative government and treaty talks were postponed after the general election in July.

Added to this is the fact that the mediating party, the EU, has had its hands full with the war in Ukraine and surging far-right parties across member states, a trend that interestingly both the UK and Spain buck as the only major European states with centre-left governments.

Talks resume on Thursday September 19th, over 8 years since the Brexit referendum.

In British politics, the UK’s exit from the EU now seems strangely absent from debate, as though the issue is over and the country has finally begun to move on — but for Gibraltarians and the thousands of Spaniards who cross the border and work there everyday, Brexit is still an open-ended question.

READ ALSO: ‘Starting now’: New UK govt wastes no time in Gibraltar post-Brexit talks with Spain

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