The residency process in Spain after the Brexit

27th January 2021 · 7 min. read

The Brexit transition process is over, so people from the United Kingdom who wish to start the residency process in Spain must go through a process similar to that of other citizens of non-EU countries that have the same purpose.

Below, we explain the process of obtaining residency in Spain after Brexit for citizens from the United Kingdom.

As a general rule, Britons have a period of 90 days every six months during which they can visit the country of Spain without obtaining a Visa. If you want to stay longer in this country, it is mandatory to obtain a Visa that suits your circumstances, there are a wide variety of types between them.

When talking about this 90-day period, it is necessary to clarify that this time begins to count from the entry to any of the 27 countries that make up the European Union. That is, if a person spends six weeks in Italy before entering Spain, they only have six weeks in this country before having to return to the UK.

Staying in Spain for more than 90 days

For those who wish to stay in Spain for more than 90 days or move permanently to this country, we are faced with a process that varies depending on the origin of that person.

• If you are from a country belonging to the European Union, you will have 90 days to apply for a European citizen card containing your personal information and NIE number. This request can be made in a very simple way.

• If you come from a non-EU country, including the United Kingdom, it will be necessary to obtain a Visa. In this case you should keep in mind that most Visas can only be requested from the Spanish Embassy in your home country, so you will need to travel to the UK to do so.

Spanish immigration offices often penalize those who exceed this period of time with a temporary ban on entry into Spain, and even with deportation. So the legal regulation of residence in Spain at the time of entry into the country is highly recommended.

It should be noted that, if you remain in Spain for more than 183 days a year, whether consecutive or not, you must tax your taxes there. The United Kingdom has established an agreement with Spain on taxes in which it should not be taxed in both countries, only in Spain if it exceeds 184 days per year.

Types of Visas in Spain

Short-stay visa

This type of Visa in Spain is automatically provided at the time of entry into the country either by tourism, studies or volunteering. It is not allowed to work in Spain with this Visa.

Student Visa

For students who plan to spend more than three months in Spain due to studies in public or private institutions, it is necessary to obtain this Visa. To apply, it is necessary to provide documents from the study center proving it. This Visa can be applied for from Spain while enjoying a Tourist Visa or Corta Estancia.

Work Visa

Within this section there are different types. This type of Visa is purchased when you have a job offer from a Spanish employer or if you want to become self-employed. If you are going to found your own company you can apply for the Entrepreneurial Visa or, if you have been offered a job with a salary of more than 40,000 euros per year you can opt for the High Qualification Visa. This type of Visa is the most complicated to apply for and acquire, so it is advisable to have specialized advice before starting this process in order to obtain the residency in Spain after the Brexit.

Non-Lucrative Visa

If you want to retire in Spain or simply move without generating any income, this Visa is the one indicated. It should be noted that residing in Spain under a Non-Profit Visa while working remotely for a foreign company goes against the law, so your Visa could be revoked.

Intracorporate-transfer Visa

This type of Visa in Spain has the peculiarity that it must be requested by a company. It is the ed of a worker who has been sent to Spain from his company abroad, including the United Kingdom.

All these types of Visas in Spain are easy to renew once the applicant has proved that their vital circumstances have not changed, as well as that they have sufficient funds and full health coverage.

Golden Visa or Investor Visa

This is the most popular and fastest type of Visa in Spain to get. It simply requires a minimum investment of 500,000 euros in real estate. Not only do you get a wonderful property in the face of the gleaming waters of the Mediterranean Sea, but in the short ten-day period, this Visa can be obtained. This gives the applicant the authorization of the Spanish Embassy a full year of total freedom of entry and exit from the country.

After that, and provided that you have not sold your property, you must apply for an authorization for two years and, when it has expired, another for five years.

Golden Visa and residency in Spain after the Brexit FAQs

Can the real estate investment required for the Golden Visa application be divided into more than one property?

Yes, it is possible to divide the investment into so many residential or commercial properties you want as long as the total invested exceeds 500,000 euros

Is it possible to rent the investment property?

Yes, it is possible to rent this property. Always taking into account that you must pay the taxes derived from this activity. It is not possible to sell the property if you wish to maintain the Visa.

Can I mortgage this property?

Yes, but only after the initial disbursement of 500,000 euros

Can my children attend a Spanish school?

Yes, both the holder and his family will enjoy full access to Spanish health coverage as well as schools. On the Costa del Sol you can find wonderful public and private schools, as well as universities of high national prestige.

Do I need to reside in Spain to maintain the Visa?

No. There is freedom of choice between whether to live in Spain full-time or simply reside temporarily during holiday periods.

In short, this Golden Visa is highly popular as it can be easily applied for and maintained, also offering the possibility of living and working in Spain enjoying the same rights as residents of the European Union.

If the holding of a Visa in Spain has spent more than 183 days in the country for five consecutive years, he could apply for permanent residency in Spain without legal need to own an investment. After a period of ten years, it would be possible to apply for Spanish nationality.

Upon arrival in Spain, it is highly advisable to open a bank account with a Spanish entity, as well as request a NIE number as soon as possible in order to help you solve any financial, professional or personal circumstances that may be presented.

The above mentioned text should be considered for information purposes only and therefore not legally binding. For profesional legal advice you should hire a registered lawyer or law firm in Spain