We have news about Brexit and the its effects on the Spanish immigration law! If you are a British citizen in Spain this article will really help you out, so keep reading. Because it is very possible that even though we are already in 2021, you can still get your residency easily (as if you still were from the EU), and in this article we will show you how.
The new instruction published for 2021 is very clear and simple to understand.
If you, as a British citizen, had lived in Spain before 31 December 2020 and can prove it, you will be able to apply for your residency in the country from 2021 on as if you were a European Union citizen (hence enjoying a much easier and faster procedure).
In other words, if you were already resident in the Spanish territory before the end of 2020 (when the legal deadline was completed), you can still benefit from the withdrawal agreement and obtain your residence permit.
However, if you cannot prove it or you were not in Spain before 2021, then from the 1st of January and onwards you are already considered as citizen of a third country (non-EU) for immigration purposes too, and you must apply for your residence permit following the regular procedure.
That is, you must find a residency option that fits your profile and interests in the country, and complete the entire procedure (longer than that followed by EU nationals).
And what happens if you already had a green card or registry certificate?
Those UK citizens who were holders of a green card or an EU registry certificate who haven’t changed their status must now apply to their start residency under the withdrawal agreement procedure.
This provided that hadn’t already validated their permit before the end of 2020 (in which case they are ok from a legal standpoint).
In other words, there is still time to formalize this process if you haven’t already, so hurry up!
Our team of lawyers can help you with the whole process.
Do you have any doubt? Ask anything to our immigration lawyers and get an instant answer:
Residency for relatives and children of British citizens
Moreover, this new instruction also provides certain facilities for the relatives of British citizens in Spain.
They will be allowed to obtain their own residency in the country easily if the British relative took advantage of the withdrawal agreement before the 31st of December 2020, and therefore has his or her card/resolution certifying it.
In this case, those family members have a maximum of 3 months (starting from the arrival in the country or from birth in the case of children) to carry out this regulatory procedure.
How to get residency in Spain as a UK citizen during 2021
If you can take advantage of this situation because you lived in Spain before the 31st of December from last year, or because you did formalize your paperwork in time, you can do now it in two different ways:
- In person, by getting an appointment and providing the required documentation (that you will find in the following section).
- Online, by uploading all the documents through the public administration platform, which you can access here.
Let’s see which documents you will have to present.
First of all, an ID document. In this case you’ll need to provide a valid passport plus a copy of it. This passport must show that you have entered Spain during the past 3 months (also for family members). We therefore recommend that you also submit a copy of your plane ticket or any other proof that demonstrated when you had entered the country.
Then, a certificate of registration from the municipality where you live in Spain (“empadronamiento”), which must be less than 3 months old.
Next, the EX-20 application form duly completed.
In addition, proof of sufficient economic means to sustain your life in the country. This can be demonstrated by an employment contract (or your “autónomo” registration document for self-employed workers); or by a bank certificate with a sufficient balance (for one person that would be a minimum of € 5,600).
Finally, health insurance with conditions equivalent to those offered by the Spanish public health system, with no shortages or co-payments. In the case of a retired British citizen with an S1 insurance, this would be sufficient (although you would then submit a translation).
You can find all application forms created for UK citizens and their relatives under Article 50 of the TEU here.
And for family members
In the case of family members, there are two extra requirements that they must meet.
First of all, proof of the family link with the British citizen. This kinship proof must have been issued in Spain and must be less than 3 months old; or issued abroad, but then it must be translated into Spanish and must be less than 6 months old.
On the other hand, if the application is initiated by an under-aged citizen, the parent must provide proof that he or she is exercising parental authority alone, or that the other parent has authorised the minor’s residency in Spain. This is in addition to the joint registration (“empadronamiento”) of both parents in Spain.
Main alternatives for British citizens who start the process on 2021
So far we have seen the case of British citizens who had been in Spain since before the beginning of 2021, who have it pretty simple now to regulate their situation in the country.
But what happens if you arrive in Spain during this new year and you are not a relative of a British citizen who already has her residency?
In that case, you will need to apply for a regular residence permit, and what’s next are our 3 main suggestions to avoid complex procedures.
If you are planning to study in Spain (whether it is a degree, master’s, doctorate, or higher education), a student visa may be the best alternative.
The duration of this visa lasts for the whole length of your studies, and you can apply from Spain (during your first 3 months as a tourist), or from your country of origin.
In addition, once you finish your studies, you can move to a work permit relatively easily, so the student visa may be one of the best alternatives to stay in Spain for the long run.
Let’s suppose that, for at least one year, you don’t want to carry out any kind of economic or work activity in Spain.
In that case, the non-lucrative residency is for you.
The only requirements you must meet are proving that you have approximately 28,800 euros in your bank account and that you have private medical insurance.
This residency will allow you to live in the country for 1 year, with the possibility of modifying it later on to a residence that allows you to work.
You can find all the requirements to apply for the non-lucrative residency on this page.
If you would like to develop your business project in Spain (starting your own company), you have two different alternatives:
- Apply for an entrepreneur’s visa, if your project is totally innovative (there is nothing similar on the market) and involves a high level of technology.
- Apply for a regular self-employment permit, in order to work as a freelance digital marketer, set up your own restaurant, or work in any other existing business.
In both cases you must prepare and submit a complete business plan, including a financial forecast and the structure of all business areas in detail. This is in addition to specifying how your project will boost the development of the Spanish economy and generate employment for the country in the long term.
Do you have any doubt? Let us help you out
We have already covered everything related to the new instruction on residency in Spain after the Brexit for this year 2021.
If you are in any of the cases under this regulation, lucky you! You can start as soon as possible and get your residence permit easily (without the need to go through the long non-EU procedure).
But if this is not the case or you simply have several doubts about the process, our team of immigration lawyers will help you out in less than 24 hours: