• What will happen to your unemployment benefits?

  On 31 January 2020, the United Kingdom formally left the European Union, becoming a 'third State'.

  The transitional period provided for in the Withdrawal Agreement, maintaining the application of the 'acquis communautaire' to the United Kingdom, has ended on 31 December 2020.

  On 24 December 2020, a preliminary Future Relationship Agreement between the EU and the United Kingdom was reached, which will be provisionally applied until final ratification takes place.

  From 1 January 2021, the United Kingdom and Spain shall remain competent to manage their Social Security benefits on the basis of contributions made in their territories, under conditions of equality and non-discrimination.

  In addition, from 1 January 2021 the Future Relationship Agreement provides, regarding unemployment benefits, that persons legally residing in an EU Member State or in the United Kingdom may total periods of insurance:

  • Total insurance periods:
  • United Kingdom nationals legally residing in Spain may enforce all contributions made in the Member States of the European Union, including the United Kingdom, provided that the last work has taken place in Spain.
  • Nationals from Member States of the European Union, the European Economic Area and Switzerland may enforce contributions made under the British Social Security scheme, provided that the last work has taken place in Spain.

  Moreover, concerning the recognition of benefits in Spain, border workers residing in Spain and working in Gibraltar will take into account periods of insurance, both prior to and after the end date of the transitional period on 31 December 2020.

What situation are you in?

• Which Member State should pay me unemployment benefits if I am a Spanish citizen who has worked in the United Kingdom?

  The benefits will be granted by the State where the last job was performed.

  If you have completed the most recent insurance period in Spain, the periods worked in the UK and Spain will be taken into account.

  In other words, if you have done your last job in Spain, you must apply here for unemployment benefits and provide the document issued by the United Kingdom indicating the periods of work in that country.

• I am working in Gibraltar. Will my periods of work be taken into account when applying for the benefit in Spain?

  The periods paid for unemployment in Gibraltar by a border worker residing in Spain who is active in Gibraltar shall be taken into account, both prior to and after the date of withdrawal, whether he or she is last employed in Spain or has exercised his/her right as a border worker in the United Kingdom and continues exercising it without interruption.

• I have been residing in the UK for a long time and, on the occasion of Brexit, I am returning to Spain after 31 December 2020. Am I entitled to unemployment protection?

  In order to qualify for unemployment protection after return, it is necessary to obtain the accreditation document for periods of insurance and/or employment and benefits received in the UK.

  Depending on the situation you are in, you will be able to access the contributory benefit, based on the contributions credited in Spain before departure abroad that have not been used, or totalling the contributions made in the United Kingdom, if you work in Spain after your return.