Moving to Spain after Brexit

Moving to Spain after Brexit

Now that Brexit has come and gone, the process for British citizens considering moving to Spain has become more arduous and complex. The process faced by British citizens is currently the same as for other non-EU citizens. While no doubt the process is more complex, there still remain viable for those who, despite the obstacles put in place by Brexit, still want to take the plunge and start a new life in Spain.

Golden Visa: Buying a Property Over a Certain Value

Golden Visa Spain by Property investment: Investment in a property located in Spain with a value of €500k or more will provide you with a residency visa including a right to live and work in Spain. The investment may be made in a single property or several, and may include commercial property, a plot of land or a mixture of any of the above.

You can live and work in Spain while the property investment is maintained and includes your family (spouse and children under 18 years of age and any disabled children over that age having access to public or private education).

A one-year visa is obtained, which can then be switched to a valid residence permit of two years duration and then becomes renewable for periods of 5 years while the investment is maintained.

Have an Existing Income of Sufficient Value with No Need to Work in Spain

If you are earning more than €2,260 Euros on a monthly basis (whether based on a pension or any other kind of regular income) you can also apply for residency in Spain – though for non-working purposes only. If more than one person is applying (for instance you intend to come with your spouse/partner and children) the income required will increase by approximately €565 per month for each additional member.

You can also apply even if you do not have regular income, but simply have deposit/s in bank account/s over that amount on a yearly basis, so over 27.115,20 Euros for 1 member and an additional €6,780 (approx.) for each additional member.

An important difference between this route to residency and the Golden visa is that here you are not entitled to work in Spain, but it is perhaps a more accessible option for residency in Spain.

Even not being allowed to work in Spain that does not mean you will not be allowed to work in any other country provided you do not lose Spanish residence by staying abroad working for longer periods of time.

Irish and other EU Passport Holders

Many people in the UK are entitled to an Irish or other EU passport as a result of being born there or indeed if a parent or grandparent was born in another EU country.

While this depends on the rules of the individual EU States, if a British citizen is able to successfully apply for an EU passport, they may apply for residency in Spain with all the typical rights to live and work here.

Once that application has been processed, their spouse and children may apply for residency on the basis that their family member is resident in Spain (See ‘Have a family member in Spain, with which he/ she wishes to reunite’ below).

Have a Family Member in Spain, With Which to Reunite

If your spouse or civil partner, (or simply partner if you can provide evidence that though not registered as such, you’ve been living together as a couple for a period of time), or either of your parents are Spanish or are from an EU country living in Spain and registered here, and you wish to reunite with them you could also apply for residency as a family member of a Spanish or EU citizen through the family reunification visa permit.

Where the Applicant has lived in Spain Already for a Specified Minimum Period of Time

In order to qualify for this option, you must provide evidence that you have lived in Spain before the end of the Brexit Withdrawal Agreement i.e. before the 30^th December 2020 and that you have not lost such residence. You can request a residency card via the TIE Card for Existing Residents before 1st January 2021 visa programme.

Set-up an Innovative Business in Spain

Another option to get a residency visa that could allow you to work in Spain is provided by the Entrepreneur´s visa, under Law 14/2013.

This is a residence permit created for those non-EU citizens who want to open a start-up business in Spanish territory. Upon compliance with the requirements set-out in the relevant legislation, Spanish immigration law will grant you residency as a result of your business idea. However, bear in mind that business must be truly innovative and the project is required to be aligned with the interests of Spain.

In order to be accepted moving to Spain after Brexit, your project must fulfill the following conditions:

• It has to create employment for the country, at least in the long-run, and be a positive stimulus for the general Spanish economy and good investment opportunities.
• The business must involve a high level of technology and enhance the socio-economic development of Spain.