Guidance for Residency in Spain after Brexit

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Posted and filed under Brexit and Spain, Legal Paperwork (NIE, Residencia, Padron), Spanish Residency.


Over the past few months, we have seen a greatly increased number of enquiries for people wanting Spanish Residency in  Alicante – Spain (Residencia). All the relevant Government offices locally have backlogs for Residency appointments currently. Here you have all the information about Residency in Spain after Brexit.

This article is to advise you that it is important that all clients who do not have Residencia and padron and need them should obtain them before 31st of  January 2020 . After this date we don’t know how difficult it may be to obtain residencias afterwards.


Why is this? What is the situation with Residency in Spain after Brexit?

If you refer to the GOV. UK website in the UK there is a great deal of information there to read.


What is the agreement on rights for UK nationals in Spain?

At the beginning of January 2019, there was an update by the Foreign Office, on the rights and status of UK nationals living in the EU following the triggering of Article 50.

  • UK nationals, as well as their family members covered by the agreement. They are lawfully residing in Spain by 31st January 2020, will be able to continue to reside in Spain.
  • Children born or adopted outside of a UK national’s resident  State after the 31st January 2020 will also be covered by this agreement.
  • Close family members. (spouses, civil partners and unmarried partners, dependent children and grandchildren and dependent parents and grandparents), will be able to join UK nationals in Spain after Brexit under these rules. This applies where the relationship existed on 31st January 2020 and continues to exist when they wish to move to join their UK national family member.
  • UK nationals and their family members covered by the agreement will be able to be absent from their member state of residence for up to 5 years, without losing their right to return. Also, they will continue to have the same access as they currently do to healthcare, pensions and other benefits.
  • Where an application is required to obtain Spanish status, UK nationals will have at least two years to submit their applications.


UK nationals who move to Spain after 31st January 2020

For UK nationals who move to Spain after the UK’s withdrawal on 31st January 2020, they can still live, work and study in Spain after the UK has left the EU. How long this period lasts is subject to negotiations, however, it is likely to be around 2 years.  Details of the immigration rules for UK nationals who wish to move to the EU after 31st January 2020 are yet to be agreed.


UK nationals in Ireland

( By the way) The rights enjoyed by UK and Irish nationals in the Common Travel Area will not be affected by the UK’s exit from the EU.


Current status of UK nationals in the European Union and specifically Spain.

Until the UK leaves the EU, the UK remains a full member of the EU and all the rights and obligations of EU membership remain in force.

This means:

  • UK nationals can continue to travel freely within the EU using a UK passport
  • There continues to be no visa requirements for UK nationals entering another EU country
  • UK nationals can continue to access health care during temporary visits to EU countries using the European Health Insurance Card
  • They retain their legal status as EU citizens and can continue to work and live in EU countries
  • British people can continue to retire and collect their pensions in EU countries

Post-Brexit and 31st January 2020

The withdrawal agreement is still being discussed but it is looking likely that as the UK loses EU citizenship. Their citizens will no longer be entitled to reside in Spain under the existing status.

We are registered in Spain as EU citizens. Therefore, it is possible that Spain could take the option provided for them in the joint report where they could ask that UK nationals make an application to replace our present residency certificates for a new residency document in line with our new status.

We should expect that we will have two years to change our status.

The current joint report says that to obtain status in Spain, those already holding a permanent residence document issued under the EU law at the specified date will have that document converted into the new document. It will be free of charge, subject only to verification of identity, a criminality and security check and confirmation of ongoing residency.

(This information is taken from the CAB Spain website where you can find a great deal more information).


Summary.

The point of this post is: although those of you living here now without a Residencia should be able to apply for a residency certificate by proving you are residing in Spain, by other means than a certificate, it makes sense that you should apply for Residencia (Residency) now. Do it before the January 2020 trigger date, when they can make things a lot more difficult for you.

Currently, we understand EU citizens applying to become a permanent resident in the U.K. need tap their passport against their phone, answer 3 questions and pay £6 to cover postage. The process is than entirely automated and extra information is only requested if their social security record etc does not cover the full 5 years.

On this side of the water, over here in Spain, things are getting tougher. Not only are we hearing stories of people being asked to produce more documentation than previously for new Residency certificates, the whole process seems to be becoming more and more complicated. At a recent meeting on the Orihuela Costa attended by the British Consulate and local councillors, all were urged to get their paperwork in order before January 2020.  We are struggling to get appointments for Residencias for months ahead and it is only going to get worse.

If you are Resident spending more than 183 days per year in Spain, then the advice of the British Consulate was that you should get your Residencia and your padron (being registered on the electoral roll) now. We can help you with this. 


The Halfway-housers

One big problem everyone is aware of is that there are many people from the UK who live between the two countries.   For example, some British residents spend up to six months a year in Spain and don’t register themselves with the local authorities, which could mean they don’t meet the requirements to qualify as permanent residents.  They could find themselves with problems with the amount of paperwork and legal requirements if the final withdrawal agreement is very strict. Additionally Spain may start to match what the UK is doing in terms of applying to become a permanent resident of the country.  People really need to be legally Resident where they are actually Resident according to the law.

If you are here for a total of 183 days (not consecutive) then you are classed as being a tax resident of Spain. You should be getting your Residency (Residencia), your padrón and a SIP card (Health card) or private medical insurance, and investigating paying taxes in Spain.  If you are living here permanently but as a non-resident of Spain still going back to the UK for hospital treatment, driving the UK registered car etc. you are likely to find that this situation cannot continue.


Requirements for spanish residency

Requirements change depending on your circumstances. As a pensioner, an early retiree or if you are working in Spain, there will be different documents needed.

In the Orihuela Costa these are currently:

As a pensioner in Spain to apply for residencia you need;

  • Your NIE
  • Tax number for Spain (or it will be done at the same time)
  • The form S1 from the UK Overseas Healthcare Team on +44 191 218 1999
  • Passport
  • Padrón (no more than 3 months old)
  • Bank statements showing the number of the account and your name
  • Proof of pension (bank statement and the letter from the pension service).

If you are not a pensioner and not working in Spain:

You must have private medical insurance with the policy in Spanish. 

You will need  8,000€ in a bank account in Spain plus the private health insurance. You basically have to prove you can afford to live here.

If working, you need evidence of you working in Spain (a vida laboral). 

If you need more information click to read all the documents needed for Spanish residency.



What about other issues, free movement etc?

Theresa May said just before Christmas that she is aware that “there are more issues to be addressed such as rights to move within the EU. But the EU was not ready to discuss them in this phase of the negotiations. We will continue to raise these issues with the EU in the New Year.”

Update, December 2019: The Boris Johnson led British government, intends to speak to Spain “imminently” regarding protecting their British citizens in Spain!

This link is helpful on where you should pay tax if you work in the UK but live in Spain.  https://www.citizensadvice.org.es/faq/working-in-uk-resident-in-spain-where-do-i-pay-tax/


Conclusion

Spanish Solutions advises our clients;

If you are from the UK and are currently living more than half a year in Spain, consider whether your paperwork is in order pre-Brexit. We can help you obtain Residencia and a Padron.  

If you already have the relevant documents, then please do not be concerned. In due course, we will advise what will be required to update your status.

We will keep you informed.  But, if you have been delaying getting Residencia … our advice is, don’t delay any more… Contact us to get your residencia sorted.

148 Comments

  • maureen anthony

    Hello, I am hoping to move to the Alicante/Murcia area once I have sold my apartment in Nueva Andalucia. I plan to become a resident (hopefully) but I own a half share of a house in the UK , my share is around 175.000 pounds what tax will I have to pay on this please. Many thanks

    • Nicola Ryan

      Good Afternoon Maureen,

      You will love this área, the coast is lovely. As this is not a quick answer and we have a few questions to ask before giving you the correct answer, we will contact you directly by email.

      Kind regards
      Nicola

  • Doreen Forde

    We have been living in Spain now for 3 years, we have residency for the last 15 months.
    We are retired with pensions.
    My question is we have no health insurance as we are now in our 70s.
    We would like to get the Spanish medical card, but have been told if we have a uk.medical card we can’t have the Spanish,But now we live here full time we need the card, what do we do please?

    • Nicola Ryan

      Good Morning Doreen,

      If you are from the UK and receive your state pension, you can request an S1 from the HMRC which will alow you to have full medical cover here in Spain and also back in the UK should you go back for a visit and need medical assistance. The other option is to apply for Convenio Especial, to apply for this you have to have been resident in Spain for over a year. This is where you would pay per month for the health cover, Please see a link to our blog below discussing this , we hope this helps.

      https://www.spanishsolutions.net/blog/newsletters/healthcare-prescriptions-here-in-spain/

      Kind regards
      Nicola

  • Sara liddle

    My partner and I have just moved to competa. My partner is retired and has a pension. I have a house back in uk which I rent out. We have no money worries. How do I go about applying to be a resident in Spain. I’m renting at the moment I have the house initially for 1 year but we will be staying here.

  • Fiona Templeton

    I have a Spanish residencia and am wondering how long they are valid for. I remember being told that once you have one (my last one was in 2002) there is no necessity to renew it. Is this still applicable?

    • Nicola Ryan

      Good Morning Fiona,

      This is correct. The town hall usually sends out a letter asking you visit them to confirm you are still staying in Spain, we hope this helps.

      Kind regards
      Nicola

  • Linda clyne

    I currently live in Spain for the past three and a half years. I receive a state pension from England and have all necessary documents to live here. If I want to return to England to live, where I have family, will I still be able to do this after Brexit?

    • Nicola Ryan

      Good Afternoon Linda,

      We are sorry, no-one knows what will happen after brexit.

      Kind regards
      Nicola

  • Dean Hart

    How do you count the 183 days in the UK and Spain when Spain ‘s year is Jan to Dec and the UK is 6th April to 5th April? You can end up with more than 183 days in both.

    • Nicola Ryan

      Good morning Dean ,

      If you are a Spanish Resident and are in Spain 183 days from January to December, Spain will look for you to pay your taxes here. The tax office will not take in to consideration the UK tax year. We hope this answers your question.

      Kind regards
      Nicola

  • Paula New

    Hi,
    We bought a property in Calpe last year and plan to move to live in Spain from next year.
    We are, and will continue to be employed in England and paying UK tax but we will work for our companies from Spain.

    Please can you tell me if we need to apply for residency in Spain and whether or not we can get a health card?

    Also, if we are residents of Spain with a health card does this mean that we cannot then use UK healthcare when we go back to England ( we have a proper yin England)

    Thank you

    • Nicola Ryan

      Good Morning Paula,

      If you intend to live in Spain more than 6 months and 1 day of the year, you should apply for residencia. It would be best to speak to a Fiscal Advisor in regards to your tax situation before hand as you should also be paying taxes here.

      As you would be paying your taxes in the UK at the time of the residencia application you would get health cover from the UK in the form of an S1, this can be obtained from the Inland Revenue. This may change after Brexit.

      It would be best to check your UK health cover,when in the UK, with the NHS or the Overseas Health Cover team at the HMRC.

      Kind regards
      Nicola

  • Ross

    Hello,
    I have lived with wife and children in Spain for the past 10months, but I travel to the UK for work.
    Spain says I am tax resident, but so does the UK!
    DTT rules say I can’t be tax resident in both, so who do I need to fill in a tax return for?

    • Nicola Ryan

      Good Evening Ross,

      We understand your concern.

      As you live in Spain and your family are based there, you should be tax resident in Spain. Whatever UK tax you pay from your salary will be offset to your tax return here in Spain when submitted. It would be best to speak to a Fiscal Advisor who will give you tax advice in relation to your current situation.

      If you are near to our office, our Fiscal Advisor, Marie Carmen would be delighted to help. Marie Carmen has over 25 years experience with the Spanish Tax system and can answer any questions you may have.

      Kind regards
      Nicola

  • Mustapha khodja

    Good afternoon
    I moved to alicante beginning of August with the view to be resident, however I have been struggling to get an appointment to extranjero oficina. Any advice? Thank you. Mustaphs

    • Nicola Ryan

      Good Morning Mustapha,

      Thank you for your enquiry.

      It seems everyone is experiencing difficulty booking residencia appointments at the moment, especially if the applicant is a British passport holder. We do know that some town halls are releasing cancellations in the morning. Should you need any assistance with your residencia, please do not hesitate to contact us, we would be delighted to help.

      Kind regards
      Nicola

  • Simon

    how to get permanent community resident in Spain

    • Ian C.

      Hello Simon,
      Although doing this quickly is important it is no longer vital with an 11 month transition period starting Feb 1st. This gives you 11 months after the brexit date, to get your affairs in Spain in order.
      Of course, we can help,
      Kind wishes,
      ian

  • Mark Heatley

    Hi we are looking at re locating to the costa blanca in 2020. Buying a house onve uk house has sold. We are planni g on living and working in spain permanently. Will we still be able to do this after brexit

    • Nicola Ryan

      Good Afternoon Mark,

      Exciting times ahead for you and your family, we are located in La Zenia which is Southern Costa Blanca, a beautiful area to settle.

      At the moment, we have been given little information from the Foreign Office in Spain in regard to obtaining residencia post Brexit although we do continue to chase them for this. As soon as we have any update we will update all of our clients and potential clients via a blog and a news letter.

      Should you need any assistance in finding your dream, Spanish property, please do not hesitate to contact us. We work closely with many of Orihuela Costas leading estate agents, and we, Spanish Solutions have over 14 years experience dealing with conveyancing and other legal matters, no matter how big or small. For example NIE, residencia, change to Spanish licence, all of the changes you will need to make when you settle in Spain.

      We wish you all the luck in your new adventure.
      Kind regards
      Nicola

  • Pete

    Hi,
    I currently live in the UK and want to move to Spain in the near future with my family. I am tied to the UK because my father is living with severe dementia in a care home however my wife’s parents already live in Valencia region. If, 1st January 2021, UK citizens are expected to earn £20k+ to meet minimum income rules as non-EU then I know we wouldn’t qualify to claim residencia. I’d like to know how quickly we’d be able to claim residence if we were to move across in the summer of 2020 please.

    • Ian C.

      Hello Pete,
      My advice is get it done now. Yes, we have until December 31st but after Feb 1st the floodgates will open with British people moving to Spain.
      Also, i think personally ( I am not an expert) The Spanish government will give Brits another year (ie the whole of 2021) to get legal residency, but that’s just a hunch and goes against my main advice which is;
      Allow Spanish solutions to start the residency process right now! There is no advantage to waiting!
      Best wishes,
      Ian

  • michael reid

    Can I stay in Spain for any 3 month period at a time

    • Ian C.

      Hello Colin,
      Simple question- Yes you can.
      However if you move to Spain for three months, you´ll want to stay longer!!
      Ian

  • Gillian Trewick

    Thank you for this article, very useful. However we are hoping to move to Spain in March and the info above is confusing, my mother is retired and I work from home. I realise that it won’t be as easy as it was, but will it still possible to move to Spain or even visit for a year?

  • Colin

    Hello
    My son has lived in Spain since the late 1990’s when the whole family moved to Mallorca and I bought a business and we all worked there until my wife and I sold out and returned to the UK in 2010. I am a retiree and have a UK and Spanish pension. My son is going to start a business soon and I wish to join him, initially for 3-4 months to assist in setting up his business. I had Residencia and I am wondering if I could reinstate the Residencia as I’m in the Spanish Pension system? Also, would I have to become an ’employee’ if I am just assisting him voluntarily?

    • Ian C.

      Hello Colin,
      Congratulations on the new business.
      Yes, if you are working for your son, I mean if it is a shop or a bar or something, you very much need to be an employee. You’ll get as fine if the inspectors come in and you are standing there, without a contract.
      If you are working from home as a consultant, that is a different thing.
      Why become a resident though? Your son can pay you for 10 hours pw, for example or whatever you are doing, and once your three month helping out ends you can decide then what to do. You may love it and want to come back or the opposite!
      Spanish solutions can help your son with the business set up, work contracts etc.
      Just ask and if he’d like us to help promote the business on our website, just pass us details.
      thanks,
      ian

  • Maria

    Hello,

    Could you please clarify if, as a Spanish resident, I am liable to pay taxes on income earned in Spain only or on income earned worldwide? Also,is it correct that UK citizens have now until the end of 2020 to apply and finalise residency permit? I’ve been spending most of last year in Spain (Murcia region) and have been trying to get an appointment at the police/foreigner’s office since April 2019 with no luck! Is it possible to see somewhere the services you offer and fees you charge in relation to residency application? Thank you

    • Nicola Ryan

      Good Evening Maria,

      Thank you for your enquiry.

      Yes, if you are resident in Spain you are liable to pay your taxes here, if you are in the country more than 183 days per year. If you declare you are not, the tax office may ask for proof of this.

      We have been advised by the Foreign Office, in Spain, that the process for the residencias will change after 31st January 2020 but no further information has been given at this stage. Yes, we can help you with your residencia in the Murcia area for sure. We will contact you directly to discuss this matter in more detail.

      We look forward to speaking with you.
      Kind regards
      Nicola

  • Barry F

    How / Where can I make an appointment for Spanish Residency. I have been to the Town Hall more than 5 times and the advice given is a web address and has no ability to make such appointment. I have now been informed that the procedure has changed again. I have all the forms and details required all ready for process.

    • Nicola Ryan

      Good Morning Barry,

      Thank you for your enquiry.

      Can we ask where in Spain you stay please.

      Some areas of Spain are changing where the residencia applications are being taken. For example the residencia appointments for La Zenia are now being taken in Alicante. We will contact you directly to see if there is any way we can help you.

      Kind regards
      Nicola

  • Mark

    We’ve bought a property in costa blanca but won’t be able to move out for a few years and by then will not reach the 20000€ requirement so will we not be able to get residencia

    • Nicola Ryan

      Good Evening Mark,

      Thank you for your enquiry.

      We are unsure what processes will be in place in the future, it may be best to contact us nearer the time and we can advise you of the correct process in place at the time. We hope this helps.

      Kind regards
      Nicola

  • Jo Friend

    Thanks for all the information. I have lived in Spain, have residencia, but have had to move back to Britain. Do I need to be living in Spain on January 31st to be able to move back to Spain when my circumstances permit? Would a short visit over the end of January/beginning of February suffice?

    • Nicola Ryan

      Good Evening Jo,

      Thank you for your enquiry.

      You do not have to be in Spain on the 31st January 2020 to reinforce your residencia as you are allowed to take time away from Spain. You may need your residencia to get back into Spain without a visa after 31st January 2020. We hope this helps.

      Kind regards
      Nicola

  • Craig Moyes

    Is moving to Spain after Jan 31st as a Uk national now not possible in reality. In other words we wouldn’t have been there long enough to become ‘residents’?

    • Nicola Ryan

      Good Morning Craig,

      Thank you for your enquiry.

      At this stage, we have received no information from the Foreign Office in Spain regarding what changes brexit will bring. They have confirmed the residencia process will change after 31st January but to what we do not know. As soon as we have any updates, we will notify our clients via a blog on the website or a news letter. we hope this helps.

      Kind regards
      Nicola

  • chaz

    We’ve been living in Europe for 5 years and we currently hold a residency card in Malta, with 2 years remaining. I am self sufficient and looking to move to Spain in may with my girlfriend and son. We have a Maltese bank account and a German bank account. Can we still move in may as we are still EU residents after brexit. There is no information anywhere for our situation. Thanks for your help.

    • Nicola Ryan

      Good Afternoon Chaz,

      Thank you for your enquiry.

      The Foreign Office, here in Spain, have not confirmed what changes will take place after the 31st January. As soon as we have an update on this we will notify our clients via a newsletter and also a blog on the website. We hope this helps.

      Kind regards
      Nicola

  • Gerry

    I have a military and state pension, which are taxed in the UK and I am resident in Spain. Last year over 2000 euros was removed from my bank account for a tax on my state pension? I have been informed that this has been backdated to 2014 and will continue until up to date and beyond. The Spanish use my military pension add the sum to my state pension and that produces banding for them to then tax the state pension! The double taxation agreement between the UK and Spain states that Military Pensions are exempt and where taxes have been applied they will not be applied again in the resident Country. How can this happen and how can it be backdated?

    • Nicola Ryan

      Good Afternoon Gerry,

      We understand your frustration.

      Tax is a very complicated matter but you are correct in regard to the double taxation agreement amd feel you have been taxed wrongly. We have dealt with many cases like this.

      We will pass this enquiry to Ana, who deals with the taxes. Ana will be in contact with you shortly.

      In the meantime, should you have any further queries, please do not hesitate to contact us.
      Kind regards
      Nicola

  • Tom

    Hiya, I am a freelance writer and can work from anywhere. I invoice my clients from my UK sole trader company and pay my national insurance / tax in UK by self assessment every year. Pre Brexit I would bring my caravan down to the south coast and stay from November to March and the length of stay was never an issue. I don’t want to be in Spain for more than about 4 months of the year, but if I buy a modest little scruffy village house inland Costa Almeria for say £30k to live in during those winter months, will the 90 day per 180 day period Schengen rules max stay preclude me from doing this?

    Is it possible to get residencia on the ‘have enough liquid funds and private insurance’ basis so that I could stay for say 120 or so days at a time? Or can I just continue to come for up to 4 months at a time and not have to do any paperwork than I do now (apart from UK green card vehicle insurance and get an international driving permit)? Thanks.

    • Nicola Ryan

      Good Afternoon Tom,

      Thank you for your enquiry.

      No information has been released on the definite changes after brexit or if people who have a property here, will be exempt from the alleged 90 days stay, we are sorry. As soon as we have any details of the changes brought by brexit, we will notify our clients via a blog and news letter, we hope this helps.

      Kind regards
      Nicola

  • Jason

    Hi
    I have a Residencia but it’s only 10 months old. I know those with permanent residency, which I assume means those with more than 5 years residency, will get permanent residency in Spain but what about those with less than the 5 years?

    • Nicola Ryan

      Good Morning Jason,

      Thank you for your enquiry.

      Nothing will change for you.

      We have contacted the Foreign Office, here in Spain with this enquiry many times and have always been advised all residencias are permanent and do not have to have the word “permanente” to prove so, we hope this helps.

      Kind regards / Saludos cordiales
      Nicola Ryan

  • Alan skelding

    When will appointments start to change e.u. to none e.u. identity cards and work permits.

    • Nicola Ryan

      Good Afternoon Alan,

      Thank you for your enquiry.

      We have been advised by the Foreign Office, here in Spain, that the process will change on the 31st January but we have not been told what the changes will be, we will have to wait and see. As soon as we have any updates we will issue a newsletter and blog. We hope this helps.

      Kind regards
      Nicola

  • Stephen Easton

    Hi we are in Fuengirola considering purchasing a property , we are retired & in the past have come out late October & return to the UK in April , would we have to apply for residency & pay taxes here & the UK .

    • Nicola Ryan

      Good Morning Stephen,

      Thank you for your enquiry. Exciting times ahead for you both.

      If you intend to stay in Spain for 6 months or more, yes, you should be resident in Spain. When you are resident in Spain, you should pay your taxes here and also change your UK driving licence to a Spanish one. We hope this helps.

      We wish you all the best in your new property purchase.
      Kind regards
      Nicola

  • Rob Knowles

    Thanks so much for this article – it’s so useful! My partner and I are planning to move to Spain but struggling to find appointments in the area we hope to move to (Playa Flamenca). We’re hoping to have it sorted before 31st January. We’ve found appointments online in Malaga – can we use the offices there or does it have to be at an office in our region? Thanks

    • Nicola Ryan

      Good Afternoon Rob,

      Thank you for your kind words.

      Can we ask if you have been living in Spain for more than 3 months please, as the Foreign Office (pre brexit) will ask for 3 months bank statements to prove this.

      In regards to the residencia appointment, this can only be made in the region in which you stay. When we have the answers to your questions, we can confirm how we can help you further. We look forward to speaking with you.

      Kind regards
      Nicola

  • David Carr

    I have two sons 18yrs and spanish nationals, I am English but Spanish self employed resident and single. how long can I be out of the country (working) without loosing my rights here?

    • Nicola Ryan

      Good Morning David,

      Thank you for your enquiry.

      You would lose your residency status (residencia) if you remain out of the country 2 consecutive years or more. We hope this helps.

      Kind regards
      Nicola

  • Peter Lovejoy

    Your webpage is very helpful. Thank you so much for all the advise contained within.
    Can you please advise, I am a U.K. passport holder whom as had residencia (green) card in Spain since June 2018. How will I be able to get health cover & medicines in Spain after 31st January 2020? At present still using UK EHIC card. Could you advise different options available to myself such as becoming an “autonomo”as I prefer not to register on Spain social security register.
    Regards

    • Nicola Ryan

      Good Afternoon Peter

      Thank you for your kind words.

      If you have been resident for 1 year or more, you can apply for Convenio Especial, this is where you pay a fee per month and will have full access to the Spanish healthcare. Please see below, a link discussing this in more details:

      https://www.spanishsolutions.net/blog/newsletters/healthcare-prescriptions-here-in-spain/

      Should you need any assistance with the Convenio Especial, please do not hesitate to contact us, we would be delighted to help.
      Kind regards
      Nicola

  • Stephen

    Can you obtain residencia in Spain without being or becoming tax resident? I have owned a property in Spain since 2006 which I have used as a holiday home / second home, living primarily in the UK. I am on the Padron but the question of residencia has not arisen as I have never been in Spain for a continuous period of more than 90 days. However I had hoped to retire to Spain in a few years time and I am worried about losing my rights to reside in Spain ollowing Brexit.

    • Nicola Ryan

      Good Afternoon Stephen,

      If you are not locating to Spain for a few years, we would recommend waiting until then. We would not recommend becoming resident if you do not live here at the moment as when you become resident in Spain, you state that Spain is your home and your fixed abode. You would also be liable to change your driving licence to a Spanish licence.

      You can be resident in Spain and not pay taxes, if you are out of the country for more than 183 days of the year, but the tax office can request proof of this and if they are not satisfied with your evidence, you will be liable for a large tax bill.

      You will be able to apply for your residencia in years to come but the requirements at this stage, we are unsure of.

      We hope this helps.
      Kind regards
      Nicola

  • Ian

    Hello
    I have a yacht in Torrevieja Marina and spend from September to March (7months) here living on the yacht and some of the time sailing Spain, France and Italy.
    I come to Spain in my UK registered car, normally by ferry from Portsmouth to Santander, this is necessary to bring my dog with me.
    What will my status be after Brexit. All my property and business interests are in the UK. I do not wish to be resident in Spain ( I was resident for 15 years ending 2011 and have a Spanish state pension)
    My yacht is UK flagged. would it be better under a Dutch flag?

    Your thoughts and suggestions greatly appreciated

    • Nicola Ryan

      Good afternoon Ian,

      Thank you for your enquiry.

      It is very hard to give concrete advice at this time as the Foreign Office, in Spain , have released no information on the changes after brexit. We are sorry.

      If possible it may be best to register your boat under a different flag but you would still hold a British passport.We would recommend discussing this with the relevant department, where your boat is moored. We are sure they will have been asked this question many times.

      We hope this helps
      Kind regards
      Nicola

  • John Hodgson

    Hi, this is an excellent site with some really good questions and answers, apologies if this has already been asked, but we have a property in Punta Prima, which we’ve owned, coming up for 2yr’s. Overall we spend approx 3 months over the year in Spain. Would we qualify to apply for our residencia, as we plan to move permanently within the next 4 years, once our girls have finished their schooling.

    • Nicola Ryan

      Good Afternoon John,

      Many thanks for your kind words.

      If you do not intend to live in Spain for more than 6 months of the year and you do not want Spain to be your fixed abode, we would not recommend becoming resident.

      At the moment it is hard to give concrete advice as the foreign office have released no information on the processes or changes due to brexit, as soon as we have any updates we will advise you via a newletter and blog on our website.

      We hope this helps.
      Kind regards
      Nicola

  • Milan Patel

    We are a family of four with a property in Andalusia which at present is rented out. We pay Spanish Taxes accordingly. But in the future we wish to be able to spend up to 3 months a year in Spain. We wish to be able to take our UK registered car there too. What would be the best solutions for us?

    • Nicola Ryan

      Good Afternoon Milan,

      Many thanks for your kind words.

      If you do not intend to live in Spain for more than 6 months of the year and you do not want Spain to be your fixed abode, we would not recommend becoming resident.

      At the moment it is hard to give concrete advice as the foreign office have released no information on the processes or changes due to brexit, as soon as we have any updates we will advise you via a newletter and blog on our website.

      We hope this helps.
      Kind regards
      Nicola

  • Pete Slater

    Congratulations on a fantastic site, so helpful. Like many people we own a property in Archidona, the idea is that we will spend 2 months or so at a time in Spain but no more than 6 months in a year as we move towards retirement. Naturally we pay local council tax on the property and have NIE numbers. It is possible that we can get Irish passports. We will not be looking to work in Spain, nor have any claim on any Spanish state benefits, we would also arrange private health care. What would be our position post 2020, should we apply for residency?

  • Cynthia Mayor

    My husband and I became Spanish residents in March 2019. However as my husband has dementia our son is planning on moving here to help with his fathers care.
    Is it necessary for our son to move here and obtain work to present 3 months bank statements to prove he can pay his way, is it necessary for him To have a certain balance in his bank account. Can he get residency on grounds of his intended career role?

    • Nicola Ryan

      Good Afternoon Cynthia,

      Thank you for your enquiry.

      If your son is coming to Spain to live, we would recommend he apply for residencia.

      Please see below, a link to our website discussing the documents required, pre brext.

      Please note The Foreign Office, here in Spain, have confirmed there will be changes after the 31st January but details of these changes have not been confirmed. As soon as we have any news, we will notify you via a newsletter or blog on our website.

      https://www.spanishsolutions.net/blog/legal-paperwork/spanish-residency/how-to-get-a-spanish-residency-card/

      We hope this helps.
      Kind regards
      Nicola

  • Les Moore

    My wife and I (British nationals) have owned our property in England for 30 years and I have owned a property in France for 15 years. We spend roughly 8 months each year in the UK and 4 in France. However, my brother (British born but now a Spanish resident) wishes to sell me a small property that he owns in Spain. We are now retired and the idea is that we would use the Spanish property for winter months and split the rest of the year between England and France. How will Brexit affect this arrangement?

    • Nicola Ryan

      Good Afternoon Les,

      Thank you for your enquiry.

      At the moment it is hard to give concrete advice as the foreign office have released no information on the processes or changes due to brexit, as soon as we have any updates we will advise you via a newsletter and blog on our website. We hope this helps.

      Kind regards
      Nicola

  • Jamie Ward

    Hi very quick question, if I intend to live in Spain (murcia region) for 5 months or less consecutively, do I have no issues or has this still to be made clearer after 31st Jan.. Many thanks

    • Nicola Ryan

      Good Afternoon jamie,

      Thank you for your enquiry.

      At the moment it is hard to give concrete advice as the foreign office have released no information on the processes or changes due to brexit, as soon as we have any updates we will advise you via a newsletter and blog on our website. We hope this helps.

      Kind regards
      Nicola

  • Kevin Buckley

    Hi, I am a uk resident with dual UK and Irish passports. I would like to retire in 3 years to Spain. I have taken early retirement and both myself and my wife are aged 57. My wife is a UK passport holder only. How will this affect our move? We already own an apartment in Pego but will be looking to sell and buy a Villa in Denia.

    • Nicola Ryan

      Good Afternoon Kevin,

      Thank you for your enquiry.

      At the moment it is hard to give concrete advice as the foreign office have released no information on the processes or changes due to brexit, as soon as we have any updates we will advise you via a newsletter and blog on our website. We hope this helps.

      Kind regards
      Nicola

  • Gordon Woodhead

    Hi, fantastic article, many thanks. Just two follow up questions. I am in Spain in a holiday let, looking for places to rent to permanently move to Spain before the end of this year. So naturally, I’ll want to qualify for residencia. I’m very early retired (40s) and have sufficient funds I can put in a bank account. TransferWise have said I can indeed use them as my Spanish bank account, even though they are UK based. Does it have to be a Spanish bank for residency, or is TW fine, do you think?
    Second question is about let periods. A lot of the decent rentals are being snapped up already, and I’m running out of options. So I’ve found one nice place but the rental only runs from this November to March next year, while another place a few doors along will be available from the March onwards for more than a year. They are classed as long term let’s, not holiday only lets, but still – if I had to return to the uk this summer, do you think I would be able to come back as late as November and have my residency appointment that same month and gain it if I was renting in bits like this (5 months here, then potentially longer in another place)? Or would I need to show a single long term let? And could I even begin from November? Or would I instead need to have been in Spain for x number of months before applying for residency?
    Many thanks

    • Nicola Ryan

      Good Morning Gordon,

      Thank you for your enquiry and kind words.

      If you intend to stay in Spain for more than 6 months of the year, we would recommend applying for residencia. To apply for residencia, you have to be living a minimum of 3 months. The Foreign Office will ask for bank statements to prove this. To apply for residencia, you also have to have a permanent Spanish address, if you move from rentals every 5/6 months, there will be no problems. Please note this is the requirements for residencia pre-brexit, we are unsure if there will be changes now brexit has happened. We hope this helps.

      Should you need any assistance with your residencia, please do not hesitate to contact us.
      Kind regards
      Nicola

  • John

    We moved to Spain officially on January 2019 obtained Spanish health system and obtained green card certificado de union on 28/01/2020 our nie were obtained in 2012 with padron obtained 2013 because we were told it was necessary even though not staying permanently at time .Now we stay here permanently and fill my tax to UK ,I receive my pension and income from properties In uk so who do I now need to send my tax forms to and how much in Spain can i earn before paying tax in uk it’s about 11000.00

    • Nicola Ryan

      Good Morning John,

      As you are a Spanish resident, you are liable to pay your taxes in Spain. We would recommend you have a consultation with a Fiscal Advisor who will discuss and deal with your taxes on your behalf. Our Fiscal Advisor, Marie Carmen , would be delighted to meet with your and answer any questions you may have.

      We look forward to hearing from you .
      Kind regards
      Nicola

  • Damon

    Hi, just a quick question around moving to Spain in 2020 – I’ve read most of the comments on your very helpful site. However, from the Spanish authorities point of view, can I become resident in Spain but work in the UK (I would be living in Spain over 50% of the time)?

    • Nicola Ryan

      Good Morning Damon,

      Thank you for your kind comments.

      Yes, you can be Spanish resident and work in the UK, no problem.

      We would recommend discussing your situation with a Fiscal Advisor, here in Spain, the Fiscal Advisor will provide tax advice based on your current situation and will also ensure you are not taxed twice (from the UK and Spain). Our Fiscal Advisor, Marie Carmen, would be delighted to meet with you and answer any questions you may have. Please contact us if this is something you would be interested in.

      Kind regards
      Nicola

  • Peter

    Hi Me and my wife are moving to spain June /July .My 2 kids will e going to international school in Villamartin we have private health care we will be renting a property no buying .I work abroad for over 183 days of te year 1 month at a time .My wife but in spain most of the year as kids will e at school . Where do we stand then I know I’ll e no resident due to the time I’m out of spain .

    • Nicola Ryan

      Good Evening Peter,

      Exciting times ahead for you and your family, Villa Martin is not from our office.

      If you and your family are living in Spain for more than 6 months of the year, you should become resident. If you are not in the country for more than 183 days but your family are and Spain is your fixed abode you should pay taxes here. We would recommend having a consultation with a Fiscal Advisor, in Spain,they will provide tax advice based on your current situation, we hope this helps.

      Should you wish to speak with a Fiscal Advisor or need assistance with your residencia, please do not hesitate to contact us, we would be delighted to help.
      Kind regards
      Nicola

  • Lyn Bacon

    Hi, like a lot of people on here my husband and I want to sell our property in the U.K. and move to North Costa Blanca permanently. My husbands father is resident in Spain for over 10 years. We intend on starting our own business and I may continue to work from home in Spain for a UK company. We are frightened to sell up here, come to Spain to then be told you can’t stay permanently. Any advice appreciated. Thanks Lyn

    • Nicola Ryan

      Good Morning Lyn,

      We understand your concern.

      There would be no reason why you cannot relocate to Spain, but the requirements for the residencia ect, we are unsure of at this stage. The Foreign Office, here in Spain, have released no information on the changes that will come due to Brexit. As soon as we have details of these changes, we will notify all of our clients via a newsletter and blog. Our advice at the moment would be to follow your dream and stick to your plan. We hope this helps.

      Kind regards
      Nicola

  • William Andrews

    Hello, I am a British National living in Mijas Costa and have Residencia since January 2018. My Wife is Guatemalan and wishes to join me here in Spain so we can live as marriage intended and in order to make this happen legally can you kindly advise on the correct course of action. Thank you

    • Nicola Ryan

      Good Morning William,

      Thank you for your enquiry.

      As your wife is non European, the process for residencia is more complicate but is possible.

      Firstly, your wife would visit Spain on a visa, which can be organised before she travels from via her local Spanish Embassy. When she is in Spain, she can apply for her residencia within her 90 days visa.

      We would recommend contacting a Solicitor or Gestoria in your area, who specialise in residencias for non EU citizens and ask they help you with this, we hope this helps.

      Kind regards
      Nicola

  • Lesley Harris

    I am a UK citizen with Spanish resedencia. I go to UK for 3 to 4 months in the summer and sometimes a week around Christmas. Will my stay in the UK be restricted after Brexit please

    • Nicola Ryan

      Good Afternoon Lesley,

      This would be a question for the UK, we would only be able to advice for Spain, we are sorry.

      Kind regards
      Nicola

  • Danny Shaw

    Hey guys. Thanks for the great info.

    My parents are living in France without residency at the moment and they want to move to Spain. They were wondering if it would be easier to apply for French residency before moving to Spain in case their move happens after 2020 or whether that would be irrelevant as they are British citizens or whether that is something still to be decided within the trade negotiations.

    Does anybody have an idea as to whether these suggestions have been covered previously?

    Regards

    Danny

    • Nicola Ryan

      Good Afternoon Danny,

      We would urge your parents to make the move and secure their residencia before Dec 2020. Being a resident of another EU country will not make their residencia (as a non EU) any easier. We hope this helps.

      Kind regards
      Nicola

  • Angela Woodcock

    Like a lot of people here we have a holiday home but not planning on fulltime living until Jul 21. If I could work from Spain in my current UK job, apply for residencia, could my husband join me after the transition period?

    • Nicola Ryan

      Good Afternoon Angela,

      Yes of course, your husband can apply for his residencia after the transition period but the requirements of the residencia post brexit have not been confirmed as yet. As soon as we have any updates, we will confirm in a blog via the website. We hope this helps.

      Kind regards
      Nicola

  • Ged Moran

    Hi we bought a property in the Alicante region in 2015, we have both now retired with NHS pensions, and I receive my state pension in January 2021, we wish to take up residency this year and my wife won’t receive her state pension until November 2022, we have our NIE numbers, we realise we will have to take out Spanish private healthcare insurance, what other documents will be required and can I apply for the S1 card in January next year. Thanks in advance.

    • Nicola Ryan

      Good Afternoon Ged,

      Thank you for your enquiry.

      Please see a link below, to our blog, which details the documents required for the residencia at the moment, please note these may be subject to change. If there are any changes, we will notify you of this.

      https://www.spanishsolutions.net/blog/legal-paperwork/spanish-residency/how-to-get-a-spanish-residency-card/

      Yes, you can apply for your S1 as soon as you receive your state pension and when received you and your wife, as a dependent, can apply for your permanent SIP cards.

      Should you need any assistance with the residencia or SIP cards, please do not hesitate to contact us, we would be delighted to help.
      Kine regards
      Nicola

  • Sam P

    Hi there!

    I was a resident in Spain with all of the official documents (NIE, Cat Salut, Padron etc etc) and was working in Spain until July 2019 when I moved back to UK (because of the health of my mother) – I still have all of these documents and an open bank account there, and I plan to move back as soon as I can (but I’m currently working in the UK). As I already had these documents does this help? Or because I am currently working in the UK it won’t make a difference?

    Thanks a lot!

    Kind regards,
    Sam

    • Nicola Ryan

      Good Afternoon Sam ,

      If you have your Spanish residencia and did not revoke it before leaving for the UK, you can be out of the country for 2 years before your residencia is affected. We hope this helps.

      Kind regards
      Nicola

  • Elizabeth Wallace

    Hi we have a holiday caravan in Costa Blanca if we want to use it say for two months at a time over the year can we come over for two months then go home then back again for a month and so forth or do we have to stay three months then home for three months then back we are really confused about the 180 days
    And 90 days

    • Nicola Ryan

      Good Afternoon Elizabeth,

      It is hard to provide accurate information at this stage as the Spanish authorities have released no valid information on visas ect as yet, we are sorry. As soon as we have any information, we will let you know via a blog on the website and also a newsletter. We hope this helps.

      Kind regards
      Nicola

  • Pamela Jones

    Hello, my husband and I, both retired, are planning to move to Spain, 2022. We are both British nationals living in the UK. We have family, who live and work permanently in Spain. My son, who is British, my daughter in law who is Spanish and my two grandchildren, at school in Spain, who are Spanish. I have read that having family in Spain could help with our plans for a permanent move there, ie buying property and applying for Spanish residency. I should be most grateful for clarification with the above.
    Kind regards
    Pamela Jones

    • Nicola Ryan

      Good Afternoon Pamela,

      Yes, this is true. For a non EU citizen applying for residencia, it does help if you have family here, in Spain. Although, all the family members must have their residencias, we hope this helps.

      Kind regards
      Nicola

  • Paul Whelan

    Hi
    I had intended to move to Spain eventually but not yet. Can we register for residency whilst the transition is going on, or do we need to spend a certain number of days in Spain to retain it?

    Thanks

    • Nicola Ryan

      Good Afternoon Paul,

      You have to be living in Spain for a minimum of 3 months before applying for residencia, we hope this helps.

      Kind regards
      Nicola

  • David Mann

    Hi
    My wife and i are looking to buy a place in spain and to live there for most of the year , we will earn an income from rentals back in the UK but will have given up employment.
    Given that this won’t be happening before Dec 31st 2020 is there anything we can do now to make things easier post Brexit. Is it possible to buy somewhere and apply for residency without actually living there , or is there a minimum requirement of proof of residency?
    Kind regards
    David

    • Nicola Ryan

      Good Afternoon David,

      To apply for residencia you have to be living in Spain for a minimum of 3 months. The Foreign Office will ask for bank statements as evidence of this. You will be able to apply for residencia post Brexit but the details of the requirements are not clear at this stage. We hope this helps.

      Kind regards
      Nicola

  • Bronwyn Vowles

    Hi there, fantastic website have found lots of information that I simply cannot find anywhere else! My partner and I both uk residents and citizens at the moment purchased a house in December 2019. We have NIE pay taxes and utilities etc. We are wanting to move in this year but I’m getting baffled with the residency side of things. We both work full time in the UK at the moment so can technically prove EU income and savings which is all in sterling currently. My concern is that we do not get many opportunities to fly to Spain at the moment, can I apply for residency here in the UK. I have emailed the consulate but again not getting any solid answers. We also won’t have an income initially but will after say 3-6 months in Spain. What do I need to apply?

    • Nicola Ryan

      Good Afternoon Bromwyn.

      Thank you for your kind words.

      To become resident in Spain you have to be living here for a minimum of 3 months, the Foreign Office will ask for bank statements as evidence of this. You can not apply for residencia from the UK, it has to be done in person. With regard to the documents required for the residencia, we have been advised by the Foreign Office this will change in the coming weeks but to what we do not know at this stage, we are sorry.

      Kind regards
      Nicola

  • Angie S

    Hi, wonder if you can answer this query for me. We lived in Spain for 9 years and returned to the UK in 2013, however we are now looking to return to live in Spain this year permanently and would like to know if the previous nine years would help towards our residency (or not) and if our previous NIE numbers would still be valid.

    • Nicola Ryan

      Good Afternoon Angie,

      When you apply for residencia, it would be a new application, we are sorry.

      In regard to the NIE, this will remain the same and will be valid, yes.

      We hope this helps.
      Kind regards
      Nicola

  • Sandra Glover

    My husband and I have over wintered in Spain for the last 5 years spending up to 6 months here. During this transition period we would like to pursue Spanish residency as in the future we would like to stay over 6 months. We have been in Spain living in our carav@n on an official camping site since mid November. What is the process now that we h@ve to follow to obtain our residency. We are in Benicassim until end of March / early April hoping to return in September or earlier if required. What steps need toh@ve been taken to secure residency prior to 31 December 2020. We are both retired and receiving state pensions. I am also a little concerned regarding the process of t@xation. Is this relatively straight forward? Thank you for your help.

    • Nicola Ryan

      Good Morning Sandra,

      We would recommend waiting until you are ready to settle in Spain for 6 months or more before you apply for residencia. When you apply for residencia you state that Spain is your fixed abode, you will also be liable to pay taxes here and change your driving licence to a Spanish licence. You will be able to apply for residencia post brexit but what the requirements for this have not been confirmed as yet. In regards to tax, a Fiscal Advisor would be provide tax information based on your personal situation. We hope this helps.

      Kind regards
      Nicola

  • Angie S

    Thank you Nicola for answering our question, just one more query with regards to the Seguridad Social, could you tell me if our numbers would still be valid? Thanks

    • Nicola Ryan

      Morning Angie,

      It should still be valid. , but we would recommend checking with the Social Security office when you are back in Spain to be on the safe side. If you would like us to check prior to your move to Spain, please do not hesitate to contact us.

      Kind regards
      Nicola

  • Tanya Archer

    Good morning! I am hoping to secure employment and subsequently residency in Spain in the coming months. I already have a bank account and NIE but due to remarriage the name on my NIE is in my previous name. Do I need to change it, or apply for a new NIE? My bank account has been updated. Many thanks!

  • Iain Wicks

    Hi there, I also have a quick question,
    My family wants to move to Spain in 2021. My wife and the two children (My stepdaughters) are all spanish nationals. But have all been living here in the UK for several years. My question is can I apply for residency when i get to Spain in 2021 on the basis that my wife is a national (i.e. her EU status will allow me to “piggy back”) . Or is it better for me to go and spend three months in spain during 2020 and apply for residency to be on the “safe” side? But this would be far from ideal, as you can imagine!

    • Nicola Ryan

      Good Evening Ian,

      Thank you for your enquiry.

      Yes, if you are married to a Spanish national, the residencia process will be much easier for you. We dont see any reason to rush over just now.

      You will be able to apply for residencia, post brexit, but at this stage the requirements and process have not been confirmed. As soon as we have any update, we will notify all clients via a newsletter and also a blog on our website, we hope this helps.

      Kind regards
      Nicola

  • Terry Thomas

    Hi, we hve been living in Spain full time for the past 10 years, and we have, as far as we are aware done everything to move our life over here. Padron, Residencia (converted to perminent) Spanish driving licences and taxes. So we think we are well placed for the future. However, the piece on automatic change over to what we assume ar TIE gives us, and I suspect many others, a certain amount of worries. To my shame I did some pretty criminal things in my teens, although I am please to say I have been law abiding for the last 45 years. The worry is what does criminality check mean. Criminal activity can range from drunk and disorderly to murder. Are there any guide lines. PS I did not commit either of the aforementioned crimes.

    • Nicola Ryan

      Good Evening Terry,

      We understand your concern. It is with regret that at this stage we can give no concrete evidence in regards to the TIE. We have asked the Foreign Office on many occasions but they have no information to give us at this stage, we are sorry. As soon as we have any update, we will notify all clients via a newsletter and also a blog on our website, we hope this helps.

      Kind regards
      Nicola

  • Angie Grenter

    Property in Spain since 2012 (not mortgaged) in my sole ownership; husband a pensioner (71) but I still have another 5 years before I get my pension. I am obtaining Irish citizenship but this takes 9-12 months as had to track my long lost Irish grandmother before I was able to apply. Wanting /was hoping to retire to Spain when I too get my pension. Have a property here in the UK valued around £250,000 which we would either sell, let or downsize to free up funds. We wont have £20,000 income each pa but might have a sizeable lump sum if we sell or downsize in the UK plus our pensions to be able to support ourselves financially. Would this be sufficient to enable us to move to Spain and get residencia post Brexit (when the UK has officially left the EU) and would my Irish citizenship be of benefit in applying then please?

    • Nicola Ryan

      Good Evening Angie,

      Thank you for your enquiry.

      As Ireland will remain part of the EU, the residencia application will be easier for you. Please see a link below to our blog, detailing the residencia process and the documents required:

      https://www.spanishsolutions.net/blog/legal-paperwork/spanish-residency/how-to-get-a-spanish-residency-card/

      If your husband has a British passport, it will be easier for him to apply for his residencia (after you have obtained yours) as he is “married to a member of the EU”. At this stage, it is unclear what the requirements will be for Brits applying for residencia after Dec 2020.

      We hope this helps.
      Kind regrads
      Nicola

  • Jon

    Hi,very good web site,thanks
    I am planning on moving to Spain this year, and purchasing a property to live permanently,for the future living off my rental income from my UK home,is this possible as I’m confused as what you need to earn whilst in Spain,I am a 10yrs off retirement and plan to sell up when that time comes.
    So confused with post Brexit and all the negativity that comes with it,I have been here 2 months now and don’t even want to go back to the UK.
    Regards Jon

    • Nicola Ryan

      Good Evening John,

      Thank you for your kind words.

      You can apply for your residencia after living in Spain for 3 months or more. Please see a link below discussing the documentation required for residencia prior to December 2020, please note this could be subject to change:

      https://www.spanishsolutions.net/blog/legal-paperwork/spanish-residency/how-to-get-a-spanish-residency-card/

      If there any changes to the residencia process, we will notify all clients via a newsletter and also a blog on our website.

      Should you need any assistance with your residencia, please do not hesitate to contact us.
      Kind regards
      Nicola

  • Suzanne Delazzari

    Thank you for brilliant website! I am uk resident and need to remain so due to tax reasons. Have signed 6 month rental contract from 30 November 2020 until 25 May 2021 (just short of 180 days to remain uk resident) in spain for long holiday not working. Due to brexit would I only be allowed to stay 90 days now please and should I change contract to 3 months or wait and see if transition period ending 31 December 2020 is extended please? If can only stay 90’days would I be ok to stay until 31 March 2021 as would 90 day rule start 1 January 2021 as I will arrive in spain before end of transition period? Landlord happy to change contract term but wanted to give them fair notice if have to shorten length. Thank you so much if can help as very worried about this

    • Nicola Ryan

      Good Afternoon Suzanne,

      Thank you for your enquiry and kind words.

      You could take an initial 3 month contract, this will give you flexibility and reduces the risk of you losing any deposit if you need to end the contract early. At the moment, there is very little concrete advice to what will happen at the end of 2020, we are sorry.

      We hope you enjoy your time in Spain!
      Kind regards
      Nicola

  • Angela

    My son is British and works in England and pays his taxes in the UK. His wife is Spanish, works and lives in Spain with their 2 children in their owned house. My son travels weekly to UK to work. He is in the UK approx 190 days a year and in Spain the rest of the time. Would he have to take up Spanish Residency to continue to do this. Or will he be able to continue as he is as a British Citizen.
    If he does have to take up Residencia are there any tax implications that could affect him?
    Thank you

    • Nicola Ryan

      Good Afternoon Angela,

      Thank you fort your enquiry.

      We would recommend your son secures his residencia as soon as possible, especially if he lives in Spain at the moment with his family. In regards to tax, we would recommend he has a consultation with a Fiscal Advisor (accountant) the next time he is in Spain, they will provide tax advice based on his current situation. Our Fiscal Advisor, Marie Carmen would be delighted to meet with your son and provide advice.

      Kind regards
      Nicola

  • Dave Harris

    Hi
    I have a Spanish daughter in Spain of nine years old.Am I able to get my residency still if I want to join her and live in Spain?

    • Nicola Ryan

      Good Afternoon David,
      Thank you for your enquiry.

      Yes of course, anyone can apply to be resident in Spain, this will not change after Brexit. The process may be more complicated but it can be done.

      Kind regards
      Nicola

  • Troy Thomas

    Hi . This is by far the best site I have read for getting answers on so many questions. My scenario is ☺ myself 52yr old carpenter. Partner who is a part time maths teacher(secondary) , yoga teacher and artist plus 14 and 12 yr old children. We want to sell up and move near to Valencia spain forever. Brexit has forced us to do this 3yrs sooner than we wanted . So we will have around £200000 to live on and were thinking about buying something around £60000 to get us out there. Then look for work, but to get a green card how much income do we need for two adults a 14 and 12 yr old per year ,Im thinking about both of us going self employed and buying a business . Do you have any ideas on income amount . Look forward to your answer

    • Nicola Ryan

      Good Afternoon Troy,

      Thank you for your kind words.

      Exciting times ahead for you and your family, where in Spain are you planning to settle please.

      Please see a link below, to our blog which details the residencia process (post brexit);

      https://www.spanishsolutions.net/blog/legal-paperwork/spanish-residency/how-to-get-a-spanish-residency-card/

      Please note you have to be living in Spain for a minimum of 3 months prior to applying for residencia as the Foreign Office will ask for bank statement to prove this.

      Should you need any assistance with your relocation to Spain, please do not hesitate to contact us,we would be delighted to help.
      Kind regards
      Nicola

  • Alison Gardner

    I own a property in Spain , but am unable to be resident there before the deadline as I have a business to sell and don’t envisage it being sold quickly. My question is , in the worst case scenario and UK citizen’s are treated as third country nationals. What would the requirements be to become permanent residents ? I can find plenty of information on the annual financial requirements , but nothing on having sufficient funds to keep myself. My situation would be , my husband and I would have funds of approximately 375,000 Euros , but no annual income ( I was going to use this to buy a business) but the profits wont meet the annual income requirement. So really would this sum of money be deemed sufficient by the authorities to live on to gain residency?

    • Nicola Ryan

      Good Morning Alison,

      We understand your concern. It is with regret that at this stage we can give no concrete evidence in regards to the changes after December 2020. We have not been given any details from the Foreign Office as yet, we are sorry. As soon as we have any update, we will notify all clients via a newsletter and also a blog on our website, we hope this helps.

      Kind regards
      Nicola

  • June

    We have a property with no mortgage in Los montesinos and are going to move over from the uk full time next year. We have a house in the uk, which we plan to let. Although my husbands pension kicks in November 2020, my pension is 14 years away and I intend to work in Spain. We have a bank account and NIE numbers, have had them 4 years. Do you think it would be better to move our plans forward to this year?

    • Nicola Ryan

      Good Morning June,

      Thank you for your enquiry, Los Montesinos is not too far from our La Zenia office.

      Yes, if you can, we would recommend making the move prior to December 2020. As we have little information on the changes that will take place after brexit. Should you need any assistance with the relocation to Spain, please do not hesitate to contact us, we would be happy to help.

      Kind regards
      Nicola

  • Barbs

    Hi. We are just about to complete on a property in Murcia that we will use ourselves as a holiday home. We will not be renting it out at all, it will be for our private use. We are currently working in the UK, full time, so will likely visiting for long weekends or a couple of weeks here and there. There is, however, a possibility that a longer stay could happen over a period of months. How long can we stay overall in the Spanish Calendar year (we think it may be less than 183 days) and what is the maximum continuous duration allowed in the 182 days (1 month, 3 months, 6 months) without having to change any tax/residence/other status or complete any other kind of paperwork? Thank you.

    • Nicola Ryan

      Good Afternoon Barbs,

      Exciting times ahead for you and your family!

      At the moment, you are allowed to be in Spain for less than 183 days, from January until December, before it affects where you pay taxes.

      Should you need any assistance with the conveyancing or any other part of having a property in Spain, please do not hesitate to contact us. Murcia is not far from our offices.

      Kind regards
      Nicola

  • Katy

    Hi there,
    Firstly thank you for answering other peoples comments, it’s been a really helpful read!
    Me, my husband and 18-month old daughter plan to move to Girona end of April 2020. My husband works remotely and his company (although not Spanish) are registered in Spain, so he will be paying Spanish taxes. We are British citizens, but currently living in Amsterdam. I am eligible for an Irish passport, which means I will still be an EU citizen. However, I have no fixed address currently, so can only apply for the passport once we are settled in Spain. My husband is not eligible for an Irish passport, but my daughter is. Will having this passport make things easier for us with regards to getting a residency? Thank you in advance for your help.

    • Nicola Ryan

      Good Afternoon Katy,

      Thank you for your enquiry.

      Yes, you having the Irish passport will make it easier for your husband to obtain residencia in Spain as he will be married to an EU citizen, we hope this helps.

      Kind regards
      Nicola

  • Steven

    Is a a U.K. state pension enough for you to retire in Spain. Not in costs but is there a limit to how much you you have to have in income before you buy and move to Spain.

  • Stephen Lawson

    Hi,, I’m a UK national , self employed paying my tax and NI in the UK. I’m spending as much time in Benidorm as I can. I’m looking to buy on a caravan park and split my time between spain and the UK. I’m trying to decide if I’m better doing this now or later. Would a caravan park address be accepted in my residencia application? If I don’t apply ,is there clarify yet about how long I can stay as a visitor?

    • Nicola Ryan

      Good Afternoon Stephen,

      Thank you for your enquiry.

      If the caravan park is oficial, then you should have no issues. It may be best to check with the office at the caravan park and also the Padron office to ensure there will be no issues with the documents required for the padrón. The padrón confirms your address for the purpose of the residencia. If you can get this, there will be no issues with the residencia (confirming the rest of your documents are correct). There are no updates, at all, in regards to the changes after Brexit, we are sorry.

      Kind regards
      Nicola

  • Peter Owens

    Hi my partner and I are both retired and have moved permanently to Santa Pola, where we are renting for a year we both have residencia, possibly in a few months time we may well be in a position to buy our own property.
    This may well be in the Santa Pola region or Alicante province it all depends obviously what is available ,my question is will it be necessary to renew our residencia if so what is the procedure, hopefully we shouldn’t need to provide all the documentation we did before.

    Could you clarify please.

    • Nicola Ryan

      Good Afternoon Peter,

      We understand your concern.

      As all Brits will have to renew their residencia and apply for a TIE (tarjeta de identidad de extranjero) shortly, we would not advise changing the address on your residencia. To update the address on the residencia, you have to go through the same process again. We have no information at this stage on the TIE or to the process, as soon as we have any update on this we will notify all customers via a blog and a news letter.

      Should you need any assistance with the conveyancing or any other matter, please do not hesitate to contact us, we would be delighted to help.

      Kind regards
      Nicola

  • John Byers

    Hi. My wife and I have just bought a place near Arboleas. We intend to move to Spain, permanently, within the next 3 months. We are both unemployed and living on our works pensions. Our state pensions won’t be available until 2025. We intend to take out private health insurance for at least the first 12 months. We have assets totalling more than €400,000 including our recently purchased property in Spain. Is there anything else we’d need to do to apply for residency when we arrive?
    Many thanks for your consideration and time,

    Kind regards,

    John Byers

  • Liz G

    Hi, we live in the UK and are buying a property in Malaga in 2020 to reform and move into in 2022, we will be residing in the UK throughout this period with short trips to Spain at less than 183 days. Would we be able to apply for a residency permit now?
    Thank you.
    Liz

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