Following the completion of Brexit, British expats in Spain must comply with new residency rules that significantly affect their status.
Moving to Spain from the UK now requires understanding updated regulations that determine how long Brits in Spain can stay and the specific residency rights they hold.
The primary concerns for British expats in Spain revolve around their status as non-EU citizens once the transition period has ended.
However, the situation is not one-size-fits-all, as each individual or family has unique circumstances, such as income sources, school-age children, and family ties.
Understanding these new residency requirements is essential for British expats in Spain to ensure compliance and maintain their quality of life.
Whether you’re considering moving to Spain from the UK or are already residing there, staying informed about how long you can stay in Spain and the latest residency regulations is crucial for a smooth transition and continued residency.
Main rule after January 1st, 2021
British expats in Spain or citizens without a Residence Permit (“Permiso de residencia”) will be reputed as foreigners for all purposes.
As you probably know, Spain acknowledges a Residence Permit to all UK citizens who before July 6th, 2020 were incorporated into the Spanish UE-Residents Register.
That comes automatically without the need for any proceedings (although it’s highly advised to obtain a TIE ID Card by completing the EX23 form).
Those living in Spain but who didn’t incorporate in time themselves to the UE-Residents Register had the chance to solve it before the end of 2020 through an exceptional proceeding (EX20 & EX21 forms).
What implies being a foreigner?
Foreigners have two kinds of legal status in Spain (and Europe) depending on the way they arrive.
The Law recognizes the right to stay and the right of residence.
Right to Stay
Since Brexit has been fully implemented, British citizens moving to Spain must adhere to new residency rules.
British expats in Spain are allowed to stay for up to 90 days within any six-month period without needing a special entry visa, as the UK is on the list of visa-exempt countries.
When moving to Spain from the UK, British expats in Spain should ensure their passports are valid, as the entry date stamped on the passport marks the start of their permitted stay.
It’s important to note that if you enter Spain through another European country’s passport control, Spain will consider the initial entry date from that first country.
This is due to the Schengen Area’s shared external borders, which affect how long you can stay in Spain based on your first point of entry.
Additionally, obtaining a Schengen visa through Spanish embassies or consulates does not grant the right to work in Spain.
Therefore, British expats in Spain must leave before the 90-day period expires to avoid becoming an illegal resident.
Overstaying can result in fines, deportation orders, and even being blacklisted from entering Spain in the future.
While current policies may not strictly enforce these rules, Spain is closely monitoring British expats in Spain, and reciprocity will play a key role in future regulations.
Understanding the new rules for residency in Spain and ensuring compliance is essential for a smooth transition and continued residency for British expats in Spain.
Whether you are planning on moving to Spain from the UK or are already residing there, staying informed about how long you can stay in Spain and the latest residency requirements will help you maintain your legal status and enjoy your time in Spain without unnecessary complications.
Residence
Following Brexit, UK citizens who did not obtain a Residence Permit in Spain by January 1, 2021, have lost their European Union status under Royal Decree 240/2004.
These individuals are now classified as general foreign nationals under Royal Decree 557/2011 and must adhere to the standard procedures to obtain a Residence Permit.
The primary difference between these two statuses lies in the application process.
While European Union citizens can apply for their Residence Permit directly in Spain, UK citizens, now considered foreigners, must submit their Residence Permit applications through the Spanish Embassy or Consulate in the United Kingdom.
This change means that British expats in Spain need to navigate the new residency requirements by addressing their applications from the UK rather than within Spain.
Understanding these updated procedures is essential for British expats in Spain to ensure compliance and secure their residency status effectively.
What type of residence status am I eligible for?
Your eligibility for residence status in Spain depends on your individual circumstances, such as your employment situation (Spanish employer or digital nomad visa), financial resources, family ties, and other personal factors.
As a result, you may need to complete different application forms and provide various sets of documents based on your specific situation.
While the process can be complex, we aim to outline the main options to help you navigate it more easily.
All residence permits in Spain are initially issued for one year.
After the first year, you must renew your permit for an additional two years.
Following two renewals (a total of five years), you become eligible for a long-term or permanent residence permit.
Furthermore, these residence procedures typically extend to include your family members, ensuring that your entire household can obtain the appropriate residency status.
If you’re a British expat in Spain or moving to Spain from the UK, understanding these residency options is crucial for maintaining your legal status and ensuring a smooth transition.
Whether you’re applying for your first residence permit or seeking to renew your status, our expert guidance can help you navigate the requirements effectively.
A) Residence in Spain without a job or business
To clarify, being employed by a UK company that does not declare your wages to the Spanish Social Security and Tax Office, or owning a non-Spanish-based company, does not qualify you for residency in Spain under current regulations.
If you decide to settle in Spain and stay for more than 183 days a year, you must demonstrate an annual income of €25,816.
Additionally, you need to show an extra €6,454 for each family member included in your residency application.
Moreover, you are required to obtain health insurance that is prepaid for the entire year and ensure that your children have access to schooling.
It is important to note that this type of residence permit does not allow you to work or run a business in Spain.
If you wish to engage in employment or business activities, you will need to initiate a separate application process while in Spain at a later stage.
For British expats in Spain or those moving to Spain from the UK, understanding these requirements is essential to ensure compliance with the new rules for residency in Spain.
If you have any questions about how long you can stay in Spain or need assistance with the residency application process, our expert team is here to help you navigate the complexities and ensure a seamless transition to your new life in Spain.
B) Working in Spain
To obtain a residence permit that allows you to work in Spain, the process must be initiated by the Spanish company that intends to hire you.
This requires the company to first apply to the Employment Services to obtain a certificate confirming that they were unable to find a suitable candidate within Spain to meet their requirements.
This step can be both challenging and time-consuming.
Additionally, special procedures are in place for hiring directors or key staff members for local branches of foreign companies investing in Spain.
These special proceedings ensure that critical roles within foreign investments are filled by qualified individuals, streamlining the process for essential personnel while maintaining regulatory standards.
Obtaining the requirements for a work-enabled residence permit involves understanding these specific steps and procedures.
Our expert team can assist you and the hiring company in managing the necessary applications and ensuring compliance with Spanish employment and immigration regulations.
C) Running a business
If you’re a British expat in Spain or moving to Spain from the UK with plans to start a business, there are specific requirements you need to meet.
First, you must develop a comprehensive Business Plan that outlines your business objectives and demonstrates sufficient financial strength to execute your plan in Spain.
This business plan must be validated by one of the five government-approved organisations to ensure it meets the necessary standards and criteria.
The most effective way to establish your business is by creating a Spanish Limited Liability Company (Sociedad Limitada).
Additionally, obtaining health insurance is mandatory for your residence permit, providing you and your family with essential healthcare coverage while you build your business in Spain.
D) Other options
For British Expats in Spain:
- Investor’s Visa:
- €1M+ Investment in Spanish assets.
- €500K+ Real Estate.
- Key Staff of high-investment companies.
- Golden Visa:
- For non-EU investors meeting specific financial criteria.
- Entrepreneur Visa:
- For starting innovative businesses.
- Highly Qualified Professional Visa:
- For experts in specialized roles with Spanish companies.
- Other Options:
- Non-Lucrative Visa: Financially self-sufficient, no work.
- Student Visa: For education purposes.
Choose our services to easily secure an Investor’s Visa or other residency options and smoothly establish your life in Spain.
Final considerations
Deciding whether to stay in Spain part-time or move there permanently is your first important choice as a British expat.
If you spend only a few weeks each year in Spain, you can stay in the Schengen Area for up to 90 days every six months.
During this time, you’ll face work restrictions, and any Spanish bank accounts will be treated as non-resident.
However, if you plan to live, work, start a business, or retire in Spain, Brexit has changed the residency requirements for Brits.
You’ll need to apply for the appropriate residence permits and meet financial and legal criteria. Our team at Delaguía&Luzón Abogados y Asesores specialises in helping non-European clients navigate these new regulations.
Whether you’re visiting part-time or relocating permanently, we provide the guidance you need for a smooth and legal transition to life in Spain.
