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How to move to Spain if you are a British citizen after brexit

How to move to Spain if you are a British citizen after brexit

Kelly Summerell Kelly Summerell
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How to move to Spain if you are a British citizen after brexit

February 3rd, 2022

Do you dream of living in Spain? Do you long to enjoy hot, sunny summers on the beach or in the mountains? Do you want to enjoy fresh, local food and the infamous Mediterranean diet? Would you like to live a more healthy outdoor lifestyle? Whether you want to move to a bustling city or enjoy a calmer pace of life in the campo you can still move to Spain from the UK!

Holding Hands at the Beach

We all know that from the 1st January 2021 the UK is no longer part of the European Union. Which means that if you are a British citizen you can still visit Spain freely as long as you only stay in Spain for 90 days out of every 180 days. You can still purchase property here, or continue to enjoy your holiday home, as long as you only stay for a maximum of 3 months in a 6 month period. 

If you wish to stay in Spain for longer you will need to apply for a visa. 

Here we will talk you through two visas that you can apply for.

1. A non-lucrative Visa

What are the requirements?

  • You are not a citizen of an EU country 
  • You do not have any criminal records 
  • You are planning to consistently live in Spain (more than 180 days a year)
  • You are legally allowed to enter Spain (you have not been forbidden for any reason)
  • You have the financial resources to afford your stay in Spain in accordance with the following conditions:
  • 400% of the IPREM monthly.
  • 100% on the IPREM for the financial support of every family member. (For 2021 the IPREM is €564.90 per month)
  • You will need to have private or public health insurance with an insurance company that is authorized to operate in Spain.
  • You must not have any disease that may pose a severe risk for the national health, these are listed in the International Health Regulation 2005 
  • If you have agreed to comply with a program of voluntary return you must not be within the period of commitment for no return to Spain.

What documents will I need

  • Application form fully filled in and signed. 
  • Passport (you will need to bring a photocopy of all pages). 
  • Certificate of criminal records issued by your country of residence during the last five years. 
  • Documentation proving you have sufficient financial resources. This can be proven in many ways, here are a few examples;
  • Title deeds.
  • A Certificate from your bank certifying the available amount as credit.
  • Certificates of shares.
  • Pension certificates, etc
  • Certificate of health insurance. 
  • Medical certificate.

Any documents in a language other than Spanish must be legalized (attested with the Apostille of the Hague by the issuing country) and you must include a certified translation into Spanish.

You will also need to bring a copy of all documents listed as well as the originals to show the civil servant.

What do I do next?

  • You must personally attend the Spanish Consulate in the UK.
  • Fees need to be paid with the presentation of the application and shall be paid within ten working days.

What happens next?....

The Spanish Authorities have a period of three months from the presentation of the application to make their decision. If you have not heard from them after this period, I’m sorry to say, it is likely your application has been rejected.

If your residency permit is granted you will have one month to collect it personally. If you do not collect it in time it will be assumed you have waived your right to the residency permit.

Once you have collected your permit you should go to Spain within a maximum period of three months from the date of issuance.

The initial residency permit will be valid for one year, which will start upon the date of arrival in Spain.

You should then apply for the TIE (Foreign Identification Card) within one month of arriving in Spain.

2. An Employment Visa

Do you dream of opening a restaurant in Spain? Could you see yourself making cocktails or delicious fresh smoothies near the beach? Perhaps running a bed and breakfast or a yoga and wellness retreat is your passion? Then you should apply for an employment visa if you intend to develop a business in Spain as self-employed.

What are the requirements?

  • You are not a citizen of an EU country.
  • You do not have any criminal records.
  • You plan to live full-time in Spain.
  • You are legally allowed to enter Spain (you have not been forbidden for any reason).
  • If you have agreed to comply with a program of voluntary return you must not be within the period of commitment for no return to Spain.
  • You must agree to comply with all legislation in regards to the opening and running of your intended business.
  • You must be suitably qualified or have proven experience to be able to develop and run the business you wish to start. You must be a member of any professional associations linked with your proposed business.
  • You must have a business plan detailing any investments expected and if you will be employing people from the local area.
  • You must provide proof of sufficient financial resources for your living costs and accommodation after all necessary business expenses have been paid.

What documents will I need?

  • Application form fully filled in and signed.
  • Passport (you will need to bring a photocopy of all pages).
  • Certificate of criminal records issued by your country of residence during the last five years. 
  • Medical certificate.
  • A business plan including the expected investment, profitability and the possibility of any employees. Also, if applicable, premise location and any works that need to be carried out along with details of costs. This can be done by getting a valuation report from one of the following organisations:
  • Federación Nacional de Asociaciones de Empresarios y Trabajadores Autónomos (ATA)
  • Unión de Profesionales y Trabajadores Autónomos (UPTA)
  • Confederación Intersectorial de Autónomos del Estado Español (CIAE)
  • Organización de Profesionales y Autónomos (OPA)
  • Unión de Asociaciones de Trabajadores Autónomos y Emprendedores (UATAE)
  • Fees paid.

Any documents in a language other than Spanish must be legalized (attested with the Apostille of the Hague by the issuing country) and you must include a certified translation into Spanish.

You will also need to bring a copy of all documents listed as well as the originals to show the civil servant.

What do I do next?

  • You must personally attend the Spanish Consulate in the UK with all documents listed above.
  • You must provide proof of payment.

What happens next? ....

The Spanish Authorities have a period of three months from the presentation of the application to make their decision. If you have not heard from them after this period, unfortunately, it is likely your application has been rejected.

If your application is successful and you are granted an employment permit you will have one month to collect it in person from the Spanish Consulate. When you do, you will need to submit the following documents:

  • Valid passport
  • Certificate of criminal records
  • Medical certificate
  • Proof of payment for the visa and employment permit

After you have filed the above documents, the Spanish Authorities will have one month to issue a resolution on the residency and employment permit. 

Once you have received the notification that your residency and employment permit has been granted you will have one month to collect it. Collect it as soon as you can because if you do not collect it in time, it will be assumed you have waived your right to the residency permit.

Once you have successfully collected your residency and employment permit you will have up to three months to go to Spain from the date it was issued.

When you arrive in Spain you will have three months to register with the social security and the tax office as self-employed. 

You must then apply for the TIE (Foreign Identification Card) within one month from your registration as self-employed with the social security and tax office.

If you are not sure which visa is best for you or would like more information you should contact a solicitor. 

We can highly recommend Gomez Abogados Lawyers, who are bi-lingual, very friendly and will help you through the whole process.

Good Luck and hasta pronto!!

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