Since 1st January, British citizens have ceased to enjoy their right of free movement and residence as EU citizens.
The UK and Northern Ireland left the EU on 31 January 2020 and a transitional period was established to allow both British and EU citizens to adapt to the new situation. This transitional period ended on 31 December 2020.
From 1st of January 2021, the immigration regulations will apply to British citizens who wish to reside in Spain. They will be considered non-EU citizens and will therefore need a Visa and authorisation if they wish to study, reside or work in Spain however, it is an easy process as long as you meet the requirements.
All British citizens who, on 31/12/2020, have their Union Citizen Registration Certificate (green card in A4 format or in card format) will continue to have the same rights.
In July 2020 a new procedure for documenting British citizens was established, everyone arriving in Spain or holding a union registration certificate (green card) could apply for a residence card as a British citizen.
Tip! In Spain it is valid for you to have both the certificate and/or the card, but at Fuster & Associates, we believe it is more convenient for you to have the new card (TIE) as it demonstrates that you have the same rights as any EU citizen.
British citizens who do not have either of these two documents will be able to apply for the foreigner’s card proving that they were living in Spain as long as they can prove it.
The documents to prove this will be the census registration (Certificado del Padrón) if you are working or purchasing a house, rental contract, statement for the last 6 months where it can be proved that you are permantly living in Spain, etc
The general rule is that all UK nationals arriving in Spain from 1 January 2021 who are not beneficiaries of the Withdrawal Agreement mentioned above will be considered third-country nationals and will therefore be subject to the general foreign status.
In these cases, and just like any foreigner who wishes to live in Spain and reside for more than 90 days within a period of 180 days or work in our country, they must apply for the corresponding Residence or Visa and/or work authorisation.
The most common authorisations/Visas for British citizens are the following, although it will depend on the situation of each person, family member and economic status.
It is for people who would like to spend most of the year in Spain, does not allow to work and you will become Fiscal Residents.
The application for the non lucrative visa will be done at the Spanish Consular Office corresponding to their place of residence before coming to Spain.
The main requirements for the Non-Lucrative Visa are:
a) Not to be irregularly present in Spanish territory.
b) No previous criminal record for the last 5 years.
d) Proof of sufficient economic funds which is at least 27.120€/annual and 7.000€/annual more per dependents.
e) Have a private health insurance with an insurance company authorised to operate in Spain.
Tip! This Visa allows economic activities in other countries therefore allows applicants work remotely.
Although the non-profit temporary residence permit prevents working in Spain, it does allow the foreigner to continue to carry out certain economic activities in other countries, as long as this does not oblige the foreigner to leave Spanish territory constantly, i.e. it does not affect his/her residence in Spain.
The Investor Visa o or better known as Golden Visa
The Golden Visa is intended for investors buying in real estate properties in Spain with value equal to or greater than 500,000 Euros per each applicant.
Allows the applicant to travel freely in all Schengen zone countries; to work and live in Spain. Immediate family members can also be included in the application along with dependents under 18 years, you can see more about requirements for golden visa here.
Residence and self-employment authorisation
Non-resident foreign workers who wish to work as self-employed workers in Spain must go through two different and consecutive procedures.
First of all, they have to apply for a work permit in order to be able to work in the activity they are going to carry out, and after approval, they have to apply for a Visa.
In addition to the requirements of criminal record, medical, economic, etc., you will have to present for the work permit application:
In any case, the Fuster & Associates team will help you to know which Residency or Visa suits you best depending on your personal and family circumstances and we will help you to ensure that all the documentation is properly prepared to avoid any rejection in the application.
If you have any questions about Residency and Visas for British nationals in Spain, please do not hesitate to contact us, we will be happy to help.