According to the European Commission’s preparatory document of 6 October 2020 on the posting of workers, from 1 January 2021, workers from companies in the United Kingdom or the European Union who are already posted on the territory of the European Union or the United Kingdom, respectively, will no longer fall within the scope of Directive 96/71/EC.
This means that their right to continue to provide services, once the transitional period has expired, will depend for workers posted to the United Kingdom on UK national law; and for workers posted to the European Union, on EU law and the national law of the Member States of the European Union, without, in general, posted workers being considered as beneficiaries of the Withdrawal Agreement.
In this regard, workers displaced to Spain by a company established in the United Kingdom before 31 December 2020 may, from 1 January 2021, remain in Spain and continue to provide their services without obtaining prior authorisation to reside and work (Article 6 of Royal Decree-Law 38/2020, of 29 December, which adopts measures to adapt to the situation of third state of the United Kingdom of Great Britain and Northern Ireland after the end of the transitional period provided for in the Agreement on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union
However, in the event that an extension of the duration of travel initially foreseen and communicated to the labor authority is necessary, it will be necessary to request the corresponding authorization of residence and work without applying the national employment situation, being not required to obtain a visa. Workers from companies established in the United Kingdom who are displaced to Spain from January 1, 2021 must obtain the mandatory visas or residence and work authorizations provided for in the Spanish immigration regulations.
