NT I Información actualizada (1/2/2019) sobre el Brexit para arquitectos españoles
"Some information on how architecture qualifications will be recognised in the UK in the event that we leave the EU without a deal. This information was made public by the Ministry for Housing, Communities and Local Government at the end of last week. We also outlined the information that the EU has made public about post-exit recognition of UK qualifications in the EEA, but for more specific information on Spain I suggest checking the Spanish government’s latest no deal planning.
In the event of a deal, the EU Directive on the Mutual Recognition of Qualifications will continue to apply until December 2020, enabling all EEA architects to get their qualification recognised in the UK, and vice versa, on a permanent or temporary basis. Subsequent arrangements will depend on the outcome of negotiations between the UK and EU.
A Spanish citizen with a Spanish qualification wishing to work in the UK
In the event that the UK exits the EU on 29 March without a deal, the MRPQ Directive will no longer apply to the UK and there will be no system of reciprocal recognition of professional qualifications between the remaining EEA states, Switzerland and the UK.
The MRPQD is implemented in UK law through domestic legislation including the 2015 Regulations and sector-specific legislation. The sector-specific legislation covers those professions that fall under the system for automatic recognition, this includes Architects. Therefore legislation that covers Architects in the MRPQD will be amended by the Ministry for Housing, Communities and Local Government (MHCLG).
MHCLG have published guidance stating that architects that have already registered with the Architects Registration Board will continue to be recognised.
Professionals practising under temporary and occasional status will be able to continue to do so until the expiry of such status, with no option to renew.
Architects who have submitted applications to the Architects Registration Board to have their professional qualification recognised before exit day but have not yet received a decision will have their application considered and concluded under the Directive procedure as far as possible. Applications will need to be settled within the deadlines set out in the Architects Act.
Architects submitting applications after exit (subject to Parliament approving the relevant statutory instrument)
The UK will retain a system of recognition for EEA qualifications at exit day that is similar to the current system. UK regulators will continue to recognise EEA qualifications that are currently automatically recognised and referred to in point 5.7.1 of Annex V to Directive 2005/36/EC as it has effect on the day the UK exits the EU, provided the applicant has access to the profession in their home state. EEA citizenship will not be a requirement for this system of recognition.
A review of these arrangements will be undertaken after exit day. A consultation will be undertaken by the Ministry of Housing, Communities and Local Government with input from the Architects Registration Board prior to any significant legislative changes.
Those architects with EEA qualifications who were previously in the scope of the general system, and acquired rights nationals, will be required to apply under the third country route to recognition. This includes the prescribed exams at Part 1 and Part 2, and the completion of a UK Part 3 exam.
A Spanish citizen with a UK qualification wishing to work in Spain would need to check the Spanish position on recognition of qualifications in the event of a no deal. However, the EU has stated that:
Decisions on the recognition of UK professional qualifications made by another EU27 Member State before Exit day will not be affected by the UK’s withdrawal from the EU.
For UK and EU nationals with qualifications obtained in the UK, whose applications for recognition in EU27 Members States are still pending at Exit day, the Commission has requested that EU27 Member States should take into consideration that these applications were made when the UK was an EU Member State.
EU nationals holding UK qualifications obtained before Exit day who are intending to apply for recognition in EU27 Member States after Exit day are advised to obtain recognition in an EU27 Member State before Exit day. EU 27 Member States are to take into consideration the fact that the qualification was acquired while the UK was still an EU member.
After Exit day, UK nationals seeking recognition of their professional qualifications in the EU27 will be assessed under the rules of the host EU27 Member State.
After Exit, UK nationals will no longer be able to provide temporary and occasional professional services in any EU Member State under EU rules. Temporary and occasional provision of professional services will instead be subject to the host EU27 Member States’ laws and regulatory framework."