RESIDENCE IN SPAIN. BRITISH CITIZENS AFTER BREXIT, WHAT NOW?
The UK’s exit from the EU took place on 31 January 2020 and the terms of this exit were agreed in the Withdrawal Agreement which established a transitional period ending on 31 December 2020.
During this period, EU legislation on free movement continued to apply, meaning that UK nationals were able to enjoy their free movement rights in Spain. Therefore, who have exercised their right to reside or work in accordance with EU law before the end of the transitional period are protected by the Withdrawal Agreement as beneficiaries.
Thus the main situations in which UK nationals are from 1 January 2021, could be:
– being beneficiaries of the Withdrawal Agreement
– not being beneficiaries of the Withdrawal Agreement
BENEFICIARIES OF THE WITHDRAWAL AGREEMENT. BRITISH CITIZENS LIVING IN SPAIN BEFORE 31 DECEMBER 2020 AND THEIR RELATIVES.
– British citizens who were living in Spain before 31 December 2020 and can prove that they meet the requirements for obtaining an EU Registration Certificate, may apply for residence as beneficiaries of the Withdrawal Agreement.
– The relatives of the British citizens with residence.
CITIZENS WHO ARE NOT BENEFICIARIES OF THE WITHDRAWAL AGREEMENT. CITIZENS INTERESTED IN RESIDING IN SPAIN AND ARRIVING AFTER 31 DECEMBER 2020.
The British citizens and their relatives who arrive in Spain after 01 January 2021 and cannot prove previous residence in Spain, will be subject to the General Regime of Foreigners.
The situations could be;
– Citizens who were living in Spain before 31 December 2020 and who cannot prove that they meet the requirements for obtaining an EU Registration Certificate. In these cases, the feasibility of obtaining residence through “Arraigo Social“ can be studied.
– Non-lucrative residence. In general, in order to obtain this type of residence, economic means must be demonstrated. The dossier will be processed for its presentation at the corresponding Embassy or Consulate in the United Kingdom. This type of residence does not allow you to work, without prejudice to subsequent modifications to another type of residence. (please visit, Non Lucrative Residence)
– Self-employed and employed residence. Residence as a self-employed will allow you to establish a business or to work as a self-employment in Spain, for which you must have a feasible project and financial means. On the other hand, residence as an employee, i.e. working for a company, will be subject to unemployment in Spain and to having a pre-employment contract.
– Golden Visa. (please visit, Golden Visa)
According to the Law, INVESTORS are;
A) Who make an investment equal or higher than:
1.º Two million euros in Spanish public debt securities, or
2.º One million euros in share of Spanish companies with a real business activity, or
3º One million euros in investment funds, closed-end investment funds or venture capital funds incorporated in Spain, or
4.º One million euros in bank deposits in Spanish financial institutions
B) Who purchase a property or properties in Spain with a total value of 500.000 eurosor more, usually called GOLDEN VISA or REAL ESTATE INVESTOR VISA.
C) Who with a business project to be developed in Spain, which is considered as being in the general interest.
– Student Visa. Those interested in studying in Spain who have financial means may access this type of “estancia” without prejudice to subsequent modifications to other residence regimes.
– EU Family Card. British citizens who are relatives of Spanish nationals or of nationals of EU Member States may apply for residence provided that they can prove their relationship and financial means. (please, visit UE Family Card).
British citizens who have an EU Registration Certificate, “green card”, must exchange their card before July 2021, in order to have their rights recognised as residents benefiting from the Withdrawal Agreement.
As for the tourist visa, in principle, British citizens who wish to travel as tourists to Spain will not require a visa for their stay in Spain for 90 days, however, as for this situation, as for residence as well, we must be aware of the future relations that will be established between Spain and the United Kingdom, which will basically be based on reciprocity.
Please consult RUIZ RUIZ ABOGADOS, depending on your case and interests of residence in Spain, we will study your specific situation, proceeding with the most beneficial course of action.
By Isabel Ruiz Ruiz