What about Spain AFTER Brexit?

Residency in Spain | golden visa | spanish residence

Now that the UK has finally taken the decision to leave the European Union, how will this affect Briish Citizens in Spain?

No matter whether you are a Resident or a Non-Resident of Spain, if you are British, your legal status in Spain is about to change.

This article offers information on the rights of UK nationals as Spanish-Residents after Brexit and what the options are for UK nationals who are Non-Residents of Spain.

Our legal services offer assistance to those who are looking to obtain Residency in Spain. We help with: Spanish passport, Golden Visa, Spain Residency & Spanish Citizenship.

The fact is that Spanish authorities are tightening up the requirements for “residencia” for British passport holders, albeit in a rather chaotic manner: whereas the Cadiz immigration office will be satisfied with the usual documents (medical/healthcare insurance and a bank certificate show sufficient funds), the Malaga office is requesting evidence that applicants do have “real and certain” residency in Spain, most probably to filter applications and avoid saturation.

In one of the latest official letters received from the Málaga immigration office, the registration certificate from the Town Hall or a property title to a property were not enough evidence of living in Spain and requested additional documents that could prove real residency in the country to grant the now coveted card:

Bank account statements -payments or expenses- proving transactions or operations with establishments in Spain; proof of appointments for medical and hospital assistance in Spain; contracts of any nature held in Spain or payroll or salary receipts in Spain; receipts for utility supplies (electricity, water, gas or electricity from an address in Spain) or landline/mobile phone receipts with Spanish address, TV or internet invoices, as well as invoices of any kind issued with an address in Spain; Documents from public or private entities that prove to have received a service in Spain; Plane tickets with entry into Spain from another State, entry stamp in Spain in passport, work invoices and proof of payment in Spain; certificates with public or private entities showing a relationship with them in Spain (with associations, training centers, golf clubs…) Spanish income tax returns

We have drawn some questions from the above text, and they are not trivial:

  • Will administrative residency, tantamount to having a TIE (“tarjeta de identidad de extranjero”), inescapably tie in with tax residency, or at least become a strong presumption of it unlike now?
  • Could card holders lose the residency status if they fail to spend the required time in Spain (6 months per year)?
  • Will passport stamping become a reality if the EU and the UK fail to find common ground to avoid this unnecessary and annoying procedure at airports on either side?

2021 is just around the corner and many doubts will be then clarified. Meanwhile, we expect politicians on both sides of the fence to drop their egos and work to bring much needed clarity.

See – Video-Blog entry here.

See – Document & further requirements below:

FAQ: UK nationals who are not yet Residents of Spain

At current as a British citizen you are still permitted to apply for a residence registration certificate as an EU national, subject to the EU regulations of free movement for EU citizens within the EU.

The application for your residency will be made electronically to which we will receive a response within 4–6 weeks.

Providing the application is successful, you will be given 90 days in which to visit Spain to collect the residency card and provide your finger prints at the police station.

Main requirements are:

  • That you have a Spanish address and you register at the relevant Town hall registry census.
  • That you can prove your financial situation in Spain.

The financial documentation the Immigration office is currently requesting is available during the process of application.

Click-Here to begin your residency application.

After December 31st 2020 and although the UK will no longer form part of the EU, UK citizens will still have the opportunity to obatin residency in Spain through the following options; Non-LucrativeInvestors-Residency, Self-Employed.

All of the above residencies can be organised for whole families which include all the immediate family members.

It is permitted to include children under 18 years of age (or over 18 that are dependents), and also parents provided they are dependents. 

Click-Here to begin your residency application.

If you are a citizen of the United Kingdom who is not yet registered in Spain, our advice is that you do it as soon as possible and prior to December 31st 2020.

Main requirements are:

  1. That you have a Spanish address.
  2. That you can prove your financial situation in Spain.

Click-Here to begin your application.

The limit is 90 days in any 183-day period. 

Click-Here to begin your residency application.

Yes you can, the current conditions allow applications to be submitted which contain all your immediate familly members including children under-18 years of age, or children over-18 who are dependents, even your parents can be included, provided they are dependents

Click-Here to begin your Spanish residency application.

SpainResidency have a residency available which will allow you to include everybody in your immediate family, wherever they are from in the world.

Click-Here to get in touch and let us know your circumstances.

You can obtain obtain residency through the services of SpainResidency.com. We specialize in Investors-Residency (“Golden Visa”), Non-Lucrative and Self-Employed work and residency permits.

Click-Here to begin your residency application.

FAQ: UK nationals who are currently Residents of Spain

Residents of Spain who are UK nationals are permitted to apply for TIE residence documentation which both regulates their residency while maintaining all the same rights they currently have.

This special type of residence permit has been introduced, is a replacement to the current Green-Card where both British Nationals and their immediate family members who wish to maintain residency in Spain, may do so prior to 31 December 2020. 

For further information about the Brexit Withdrawal Agreement and to apply, Click-Here

Any foreigner spending more than 90 days in Spain within a total of 180 days, or who stays 6 months per year, has the right, not the obligation, to register as a resident, obtaining the ‘Certificado de Registro de Ciudadano de la Union‘ .

In practice, there are many EU citizens who stay for similar periods of time and the only document they obtain is the NIE certificate which indicates their ID number as a foreigner for general administrative purposes in Spain. This document does not provide residency status.

Spanish authorities tend to have a more relaxed approach with EU nationals who are not yet registered citizens, especially since most of them tend to register through the local census, which allows them access most services.

Click-Here to begin your application.

Once having been registered on the ‘Certificado de Registro de Ciudadano de la Union’  for 5 years, the registrant will eligible for the ‘Certificado de Registro Permanente de Ciudadano de la Union’, this is permanent residency.

In some cases the length of time needed to be registered can be reduced. This is something we can observe and assist with.

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