The United Kingdom left the European Union on 31 January 2020. The transition period that started on 1st February 2020 to negotiate future arrangements between EU and the UK is currently scheduled to end on 31st December 2020. As of the end of the transition period British citizens and their non-EU family members will be subject to all Spanish immigration rules for third-country nationals, meaning any privileges under EU freedom of movement will come to an end.
However, UK nationals and their family members who established the residence in other EU Member State before the end of the transition period in accordance with EU free movement law, will maintain their free movements rights after 31st December 2020.
In compliance with EU Regulation 2018/1806 of the European Parliament and of the Council of 14 November 2018 British passport holders travelling to Schengen countries for holidays, business or to visit family do not require a visa for stays of up to 90 days in a 180 day-period, provided the visit is not for gainful activity. Please note that the 90 days will start counting from the date they enter any of the Schengen countries, including Spain.
British citizens and their family member need visa for journey undertaken after 31st December 2020 for the purposes of residence, studies for period larger than 90 days, work, professional, artistic or religious activities.
Now we have two types of English buyers: those ones who want to remain as tourists and therefore they can only spend 90 days in a 180 day period in Spain or those ones, who want to move to Spain permanently. If you have the intention to spend more than 3 months in Spain, you have the obligation to become resident and apply for the TIE card and more than 6 months to become a tax resident to pay taxes in Spain on your worldwide assets.
A lot of British people came to Spain spending more than 3 months, and haven’t applied for their residency but they kept below the 6 months and they have gone back to the UK. Now they wont be able to do that now and therefore many clients are providing us with a power of attorney to liaise with their Spanish affairs.
Now, in order to become resident in Spain, they need to contact the Spanish consulate and apply for a Visa. The most common is the non-lucrative visa, which allows to come and stay in Spain as long as you wish but not to work. There are people who would be apply for different type of residency permits if they are married to somebody who is protected by the withdrawal agreement or if they are married to another EU national.
Also there is another option which is the golden visa, but you will have to buy a property of a value of 500.000,00 euros. If this is an option for the applicant, they don’t need to become tax resident in Spain.
British citizens now need to be aware that even before they come to the country, they should have in place a NIE certificate and a Spanish bank account and get their finances sorted and also have clear the following concepts:
- You are tax resident if you spend more than 183 days in a year in Spain (A tax year runs from 1st of January to 31st of December)
- You can take out 25% of your pension tax free but as a Spanish resident, you would be liable to tax in Spain
- If you have a UK property as your main residence, which is not liable to CGT, potentially if you sold that as a Spanish tax resident that UK property could be liable to Spanish CGT
How do you apply for a non lucrative visa?
The Spanish consulate will require the following:
- Two copies of National Visa Application Form duly filled and signed by the applicant.
- Two recent color photos with white background, 3´5 cm x 4´5 cm.
- Original passport, valid for at least 1 year from submission of application.
- Police Clearance from countries of residence for the last 5 years*. This document has to be apostilled and translated into Spanish by a sworn translator.
- Medical certificate issued by your GP doctor: The applicant must be accredited to not suffer from any diseases that can have serious health consequences in accordance with the provisions of the International Health Regulations 2005.”*. Also this document should be apostilled and translated into Spanish
- Medical Insurance with an insurance company authorized to operate in Spain. * we can get this for you from Spain and can be provided in Spanish.
- Documents proving sufficient financial means for your living expenses and accommodation (2.151,36€ per month plus 537,84€ per each family member). Aprox 27.000,00 euros in savings or income.
- Form EX-.01: Non-Profit Temporary Residence Authorization Application Form.
- Form 790-052.
The visa will be approved for 3 months and you need to attend physically to the Spanish consulate for getting it in your passport: Once you have the visa, within the following month, the application of the permit should be filed in the police station in Spain. You don’t need to require any other visa. This TIE card permit is for 1 year to be renewed for another 2 years and then for 5 years (this is the last renewal).
What do you do, once you have your visa?
The requirements for the application of TIE CARDS once you have the VISA are:
- Registration in the town hall (By either renting a property or buying a property in Spain, as you need to prove a domicile)
- Financial situation as provided to the Spanish consulate
- Private health cover for at least 1 year
- Copy of passport and NIE certificate
- Form X15
Contact us for more information about gaining residency in Spain.