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Visas and Residency in Spain post Brexit
The basics of moving to Spain in a post Brexit world: visas and residency
It is highly advisable to seek professional help if planning to relocate to Spain and apply for a visa: Click here for qualified professionals offering this type of service
The departure of the United Kingdom from the European Union (31st December 2020) means that the UK is now classified as a non-EU country (a third country) and anyone planning to move to Spain either to live or work, is now subject to the same visa and residency requirements as citizens from other non-EU countries such as Canada or Japan.
Spain has made an exception for UK passport holders legally resident in Spain before 1st January 2021; they have been given a special status and retain the right to live and work in Spain for as long as they remain legally resident and are not subject to the new visa and entry requirements.
However, anyone arriving from the UK on or after 1st January 2021 is now considered to be from a non-EU country and must abide by the visa rules applicable to other non-EU citizens if they wish to live and work in Spain.
The majority of UK citizens travelling to Spain for holiday purposes will experience little change other than that they are now subject to the restrictions on the maximum period they may stay in Spain; 90 consecutive days out of each 180 day period, but those who wish to live, work or study in Spain on a more permanent basis will now face similar entry requirements to those wishing to enter from non-EU (or third) countries such as Australia or New Zealand.
Long stay visitors or “swallows”, those who like to spend the winter months in Spain, will now need to limit their stays to 90 days in any 180-day period. The Spanish Consulate in London has confirmed that this is the case saying “Spain does not provide tourist visas for four, five or six month stays in Spain. If they (UK citizens) want to stay longer than 90 days, they have to apply for a Residence Visa.”
The implications of residency are that an individual intends to reside in that country and will therefore be paying taxes in Spain, and subject to all the same fiscal and legal demands as a native resident, so this is not an option for someone simply wanting a longer holiday; residency means residency.
Unfortunately, Brexit has totally changed the playing field, and the right to free movement which UK nationals enjoyed as part of the European Union, is simply not available to UK nationals post-Brexit.
It is important to understand the new rules because the penalties for overstaying your welcome could be costly. Overstayers can, in theory, face deportation, fines, and be banned from re-entering Spain for a period of time.
It remains to be seen how zealously Spain will enforce the new rules but it is fairly certain that ignorance will be no excuse if you are unlucky enough to be caught out.
Of course, this may all change in the future, but at the moment, this is the situation.
Trips of up to 90 days duration are visa free
Spain is a member of the Schengen Zone, an area comprising 26 European countries (See map) that have officially abolished all passport and all other types of border control at their mutual borders.
Passport control takes place on entry and exit from the Zone.
UK passport holders may feely enter the Schengen Zone for a period of 90 days in any 180-day period without a visa and may move freely throughout any country within the zone during that period.
In practice this means that the majority of holiday makers and business travellers will see little or no difference at the border when they travel directly to Spain.
However, if a visit to Spain is part of a larger travel itinerary that includes other countries within the Schengen zone, travellers will need to be aware that the 90-day clock starts ticking when you enter any country in the zone, not when you enter Spain.
More information about the Schengen Zone is available from the European Commission Website. https://ec.europa.eu/home-affairs/what-we-do/policies/borders-and-visas/schengen_en
Trips of 90 days or more require a Visa
Setting foot in Spain for a period longer than 90 days now requires forward planning, a lot of bureaucracy and a visa. Luckily a broad range of visas are available to suit most needs.
The appropriate visa (see below) must be obtained in advance from the nearest Spanish Consulate in the UK. It is not possible to apply from Spain.
Every applicant must make an individual appointment and attend the Spanish Consulate in person to be interviewed.
Applicants will need to submit various documents such as marriage certificates and bank statements which may require an official translation and an official stamp.
Applications are subject to a non-refundable fee.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Documents/Fee%20list%20British%20citizens.pdf
Some visas stipulate that the applicant(s) has one month after entry into Spain to apply for their identity card or TIE (Tarjeta de Identidad de Extranjero) at the Immigration Office or Police Station. This card is a photo ID that describes the holders visa status for the benefit of prospective employers, for example, and the authorities.
Student Visas
A student visa is mandatory for all non-EU citizens travelling to Spain to study for a period longer than 90 days and must be processed in the UK prior to departure. Applicants will need a letter of acceptance from an education provider, proof of sufficient funds for the total period of the stay, medical insurance, proof of accommodation during the stay, a return ticket or other evidence of intention to return to the UK, a criminal records certificate if over 18 and a medical certificate showing that the applicant is in good health. Minors will require the permission of their parent or guardian.
Holders of a student visa may also bring their spouse or partner and any dependent children with them for the duration of their studies.
Students may apply also apply for a work permit which allows them to work for up to 20 hours per week.
The application procedure is set out in further detail in both Spanish and English on the website of the Spanish Consulate in London.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Documents/SSU-SLU%20ES-EN.pdf
Non lucrative residency visa
This visa is most suitable for retirees who have sufficient means and no desire to work and wish to relocate to Spain with a view to potentially relocating permanently to Spain.
This visa may also be a good option for people who intend to work remotely from Spain for their companies or businesses based in the UK.
Applicants must be able to prove sufficient economic means to support themselves and their dependents for the duration of the term of the visa, provide a criminal record certificate if over 18, and have private health insurance and a medical certificate showing that they are in good health.
The visa is initially valid for one year and may then be renewed for a period of two years and then two more years. Once 5 years have passed the applicant may then apply for permanent residency.
Spain’s non-lucrative residence visa also allows the applicants spouse or partner and other dependents to reside with them so long as there are sufficient funds to sustain them.
The proof of economic means required varies according to the latest value of the IPREM or Public Income Index Multiplier but in 2021 an applicant will need to show access to available funds such as an annual pension of 27,115.20 euros and an additional 6,778.80 for each additional dependent.
The application procedure is set out in further detail in both Spanish and English on the website of the Spanish Consulate in London. The link contains full details of the procedure which must be followed and gives all of the additional information required by applicants.
It is a complicated procedure, and one thing is for certain, this is NOT a process which can be undertaken quickly and easily be an individual seeking to extend their holiday stay without a great deal of conviction and commitment, it is certainly not the “easy solution” being mooted on social media for those seeking to bypass the 90-day holiday stay rules.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Documents/RES%20ES-EN.pdf
Work Visa for Highly Qualified Professionals
A working visa for highly qualified professionals is available to those with an employer who is willing to hire them. The employer files the initial application with the Immigration Office in Spain(Oficina de Extranjería) justifying that the applicant is a highly skilled professional.
Once this application is approved the approval or Resolucion de autorizacion de residencia Inicial para profesionales altamente cualificados can be included with the visa application. Successful applications must come from large corporate employers, business projects viewed to be in the public interest or from professionals with an advanced degree from a prestigious university.
Accompanying dependents must also supply a pre-approved authorisation in the form of a Resolucion de autorizacion de residencia inicial para familiares de profesionales altamente cualificados.
Criminal records checks are required for any applicant over the age of 18.
The visa lasts for 365 days.
The application procedure is set out in further detail in both Spanish and English on the website of the Spanish Consulate in London.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Documents/TAC%20ES-EN.pdf
Visa for Investors and Entrepreneurs or the Golden Visa
Applicants who have 500,000 euros to invest in Spanish real estate may qualify for a so-called Golden Visa allowing them to live and work in Spain with their dependents.
The benefits of the Golden Visa over the non-lucrative visa are that the successful applicant is permitted to work and that their dependents may also apply for a golden visa which also allows them to work if they wish to do so. The application process is also significantly faster.
Applicants will need to provide proof of their investment, sufficient economic means to support themselves and their dependents for the duration of the term of the visa, provide a criminal record certificate, if over 18, and have private health insurance.
The visa is initially granted for one year. Within this one-year period the visa holder may apply for a residency card which is valid for a period of two years, renewable for a further two years providing the applicant continues to meet the economic means test, are in good health and retains their investment in Spain. After 5 years of continuous residency in Spain permanent residency is available.
The proof of economic means varies according to the latest value of the IPREM or Public Income Index Multiplier but in 2021 an applicant will need to show access to available funds such as a pension of 27,115.20 euros and an additional 6,778.80 for each additional dependent.
The application procedure is set out in further detail in both Spanish and English on the website of the Spanish Consulate in London.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Documents/RIC-RIV-RVT-RPE-REP-REM%20ES-EN.pdf
Work Permit for an Employee
A working visa for an employee is available to those with an employer who is willing to hire them. The employer files the initial application with the local Immigration Office in Spain (Oficina de Extranjería).
https://extranjeros.inclusion.gob.es/es/InformacionInteres/InformacionProcedimientos/Ciudadanosnocomunitarios/hoja017/index.html#:~:text=Es%20una%20autorizaci%C3%B3n%20de%20residencia%20temporal%20y%20trabajo,su%20Integraci%C3%B3n%20Social%20%28art%C3%ADculos%2036%2C%2038%20y%2040%29.
The application will be accepted if the position is on the list of occupations that are difficult to cover. The list is published quarterly by the Servicio Público de Empleo Estatal. The Immigration Office must also be satisfied that the job cannot be filled by an EU resident. Once the application is approved the approval or Autorizacion de Residencia y Trabajo por Cuenta Ajena must be submitted with the work visa application.
The applicant is also required to provide a copy of the work contract, a criminal record certificate and a medical certificate.
Family members may eventually join the applicant under a Family Reunification Visa. (See below)
The application procedure is set out in further detail in both Spanish and English on the website of the Spanish Consulate in London.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Documents/TRA-TET%20ES-EN.pdf
Work Permit for a fixed term Employment Contract
A working visa for an employee is available to those with an employer who is willing to hire them on a fixed term contract. The employer files the initial application with the Immigration Office in Spain (Oficina de Extranjería).
The application will be accepted if the position is on the list of occupations that are difficult to cover. The list is published quarterly by the Servicio Público de Empleo Estatal. The Immigration Office must also be satisfied that the job cannot be filled by an EU resident. Once the application is approved the approval or Autorizacion de Residencia y Trabajo por Cuenta Ajena de Duracion Determinada must be submitted with the work visa application.
The applicant is also required to provide a copy of the work contract, a criminal record certificate, a medical certificate and they must also sign a document confirming their intention to return to the UK once the contract has ended.
The application procedure is set out in further detail in both Spanish and English on the website of the Spanish Consulate in London.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Documents/TRT%20ES-EN.pdf
Work Visa for the Self-Employed
Applicants for a visa that allows them to be self-employed will need to provide evidence of any necessary work permits or licences that sanction the building, opening and operation of the planned project or the professional activity, a Business Plan, proof of the professional qualifications and experience necessary to operate the proposed business, proof of sufficient economic funds for maintenance and accommodation costs over and above that required to run the proposed business as well as a criminal record certificate, and medical certificate.
Family members may eventually join the applicant under a Family Reunification Visa. (See below)
The application procedure is set out in further detail in both Spanish and English on the website of the Spanish Consulate in London.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Documents/TRP%20ES-EN.pdf
Residence Visa with a working visa exemption
Invited experts, civil or military officials from other countries, foreign correspondents, performing artists, religious ministers and the like may apply for a residence visa with a working visa exemption. The usual criminal record certificate and medical certificate requirements apply.
The application procedure is set out in further detail in both Spanish and English on the website of the Spanish Consulate in London.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Documents/TRE-TEE%20ES-EN.pdf
A family reunification visa
If the residence visa does not automatically provide for the family members of the applicant, such as is the case with working visas, the family may be reunited when the visa holder has been living in Spain for one year and has permission to remain for another year.
Those eligible are the spouse or civil partner of the visa holder, dependent children, grandchildren and parents over the age of 65 (or lower in certain cases).
The visa holder must apply for permission for a family reunification via the local Foreigners Office in Spain (Oficina de Extranjería) providing copies of residence permits, copies of all passports, proof of family relationships, evidence of employment or proof of means to support the family in Spain, proof of health insurance and proof that there is sufficient room for everyone to live together, eg a rental contract.
https://extranjeros.inclusion.gob.es/es/InformacionInteres/InformacionProcedimientos/Ciudadanosnocomunitarios/hoja012/index.html
Once authorization has been given the family members must apply for their family reunion visas via the Spanish Consulate in the UK providing a copy of the authorization letter, original documents showing proof of kinship, a copy of the residence visa of the person with whom they wish to be reunited, a criminal record certificate and a medical certificate.
The application procedure is set out in further detail in both Spanish and English on the website of the Spanish Consulate in London.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Documents/RFK%20ES-EN.pdf
Other Visas available
Special visas are available for those involved in national or EU research projects, internships, intra corporate transfers and the transitional provision of services. All applications must be pre-authorised and family members may accompany the visa holder with the exception of a visa for the transitional provision of services.
More information about these visas and answers to frequently asked questions can be found on the website of the Spanish Consulate.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Pages/Visas.aspx
Becoming permanently resident in Spain
After living continuously and legally in Spain for 5 years it is possible to apply for permanent residency. However, it should be noted that the years residing in Spain on a student visa count as half for the permanent residency calculation.
Permanent residency gives you the same rights as a Spanish national when it comes to living and working in Spain.
The permanent residency card is issued for five years and is renewable.
Permanent residency is lost if the holder is absent from Spain for a period of 2 years.
Sources of Information
See the Consular website for details of your nearest Spanish consulate http://www.exteriores.gob.es/Embajadas/LONDRES/en/Embajada/ServiciosConsulares/Pages/Consulates-in-the-UK.aspx
The Spanish Consulate in London is currently the best source of up-to-date information and will respond to email enquiries.
http://www.exteriores.gob.es/Consulados/LONDRES/en/Consulado/Pages/Visas.aspx
The British Consulate in Spain also offers some information for those considering the move to Spain.
https://www.gov.uk/guidance/living-in-spain#visas-and-residency
It is highly advisable to seek professional help if planning to relocate to Spain and apply for a visa: Click here for qualified professionals offering this type of service
