21 Ene Residency in Spain after Brexit

Since January 1, 2021, UK citizens in Spain are also non-EU citizen destinations for immigration procedures, and this implies important changes when obtaining a residence permit.

At the end of last year, the Spanish government created a new type of residence of a special nature for British citizens living in Spain. This grants the same rights as before Brexit to British citizens on Spanish territory.

If you were already in Spain during 2020:

If you already lived in Spain during 2020 and you can prove it, this is good news since you can still obtain your residence permit in Spain easily by following the usual EU route thanks to the agreement. All you have to do is prepare the necessary documentation and send it online or in person.

The documentation that you have to deliver will consist of:

– Application form EX20

– Valid passport + copy of it

– Certificate of registration or registration, with at least 3 months

– Sufficient economic means. It can be demonstrated with an employment contract, self-employment registration or a checking account with a balance of at least € 5,600

– Certificate from your insurance company that proves your condition as holder of a medical insurance contract equivalent to the offer of the Spanish Social Security

On the other hand, if you had a registration certificate or were the holder of a green card during 2020, you could validate it and obtain the new permit that would ensure your long-term stay in the country. The deadline to do so will remain open during 2021.

If you start the process from 0 in 2021:

If you plan to move to Spain after Brexit and you don’t know how to start the process, don’t worry, we will help you.

In this case, you will have to use the normal process for any citizen outside the European Union. That is you will have to apply for a regular residence permit in the same way as any American or Japanese citizen, for example.

However, there are certain residence permits that greatly speed up this process, such as:

– Non-profit residence, which only requires the possession of sufficient financial means and private health insurance.

– Interventionist visa, if you intend to make a real estate investment to obtain residency.

– Student visa, which allows you to subsequently modify your permit to a work permit.

If you are not sure what your case is, we recommend that you contact Ramallo Abogados so that we can evaluate your situation and provide you with the best care.

Living in Spain after Brexit for UK citizens:

After the moment of transition between the EU and the UK, it is normal that many British citizens have doubts about important concepts of day to day.

• Working in Spain after Brexit: the problem with the work permit:

This is what happens with the work permit. Although it does not belong to the European Union, it enjoys special treaties. If you have not been able to regulate your situation because you did not reside in Spain before the start of 2021, now you must apply for a residence permit that explicitly allows you to work. To achieve this, you must meet all relevant requirements. For this reason, a good alternative is the work permit as a highly qualified professional, instead of going to a regular work permit.

• About the family member of an EU citizen residency:

Another concern has to do with relatives of family members of an EU resident. As you know, one way to obtain a residence and work permit is by being a relative of a citizen of the European Union. After Brexit, if the British citizen has been able to benefit from the withdrawal agreement, their family members will too, but if not, they will have to apply for a regular residence permit (perhaps by formalizing a joint application with the British citizen or resort to the regrouping process family).

• Taxes:

A crucial issue is paying taxes. Citizens from outside the EU with a residence permit must stay in the country for at least 183 days to maintain their residence and this implies becoming a tax resident in Spain, thus paying income tax for everything generated worldwide. UK citizens who obtain their residence permit from this year will become residents for tax purposes if they wish to renew their residence, with all the tax conditions that implies.

As you have seen, as Brexit consequences and being fully incorporated, many areas of the lives of British citizens in Spain will drastically change.

Ramallo Abogados can advise you while making sure none of those changes becomes a real problem. If you need specialized legal advice in any area, do not hesitate to contact us.