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BREXIT

Brexit: How to register as an EU resident in Spain

There is one thing that Brits living in Spain need to make sure they are in the best position ahead of Brexit and the end of the transition period - currently set for December 31st, 2020 - when new rules will come into force.

Brexit: How to register as an EU resident in Spain
Photo by Helloquence on Unsplash
In order to make sure that, whatever happens, you are in the best place to secure your rights, Brits in Spain need to ensure that they are indeed a legal resident.

All EU/EEA nationals staying in Spain longer than three months should have the residence certificate called Certificado de Registro de Ciudadano de la Unión (also known as Certificado de Registro Comunitario). 

Around 350,000 Brits are officially registered as living in Spain but estimates suggest there could be as many as 500.000 to 700,000 people who should be registered but aren't.

For those Brits in Spain who have not yet registered and those who will arrive after the 31st January, there is a transition period where it will still be possible to register as a resident under the current EU rules.

READ ALSO: 

Just to be clear, having a NIE .(Número de Identificación de Extranjero) is not a guarantee that you are registered as a resident. This identification number in Spain for everyone who is not a Spanish citizen and can be issued to those who have bought property but don't necessarily live here.

It is also not the same as being registered on the Padron – which is when you register at your local town hall.

If you don't have either of the two documents above then you are NOT registered as a resident in Spain.

“Please make sure you are registered correctly and that means that you should have either an A4 size green piece of paper or a small credit card size piece of green paper,” explained Sarah-Jane Morris, the Consul General.

“Both of which will say that you are registered with the central register of citizens here in Spain,” she said during a recent Q and A session on the FCO’s Brits in Spain Facebook page.

“If you don’t have one of those then make an appointment ASAP with your local foreigners office (Extranjeria) or if there isn’t one then your local National Police station.”

So, if you have only been here three months, or just never got around to officially registering, here’s the step by step guide to doing it.

READ MORE:  Can Brits still move to Spain after Brexit day?

Make an appointment

Securing a ‘cita previa’ – private appointment – is notoriously difficult and can require dozens of attempts as they are only released a certain number of weeks in advance and there is currently quite a backlog.

INSIDER TIP: Many of the appointments are block booked by Gestors so if you are willing to pay, you can bypass the process and employ someone to do it for you. You do not need to be there in person.

But if you do decide to do it yourself appointments are only available between 8.30am and 2pm and can be made HERE.

– Select your province and click ACCEPTAR and then choose: POLICIA-CERTIFICADOS UE  from the drop down menu.

– You will now see a list in Spanish of documents you need to take with you. This is just for information purposes so scroll down to the end and click on the red ENTRAR button to ask for an appointment.

– On the next page under ‘Tipo de documento’, and select the passport option and enter your passport number and name very carefully to match your passport.

– You will be asked to quickly “prove you are not a robot”, by clicking on some random photos of some items. If your Spanish isn’t good then have a dictionary read to follow the short instructions. There is no rush as you get as many chances as you need to get it right.

– Now press the red SOLICITAR CITA (Request appointment) button at the base.

– A drop-down menu of local National Police stations and their addresses in your province should appear. Choose the one closest to you and then click on the red button that says “Siguiente” (Next).

– You should now enter a phone number and a valid email address twice (to check it is correct). They recommend not to use Hotmail as emails may not arrive. Click on “Siguiente” again.

– Choose the date and time you want.

– Click on “Siguiente” and also Accept (if your browser asks you to).

– The next screen is a summary of what you are reserving. At the end tick the two boxes that say:-

Estoy conforme con la información mostrada en pantalla – I agree with the information on screen.

Deseo recibir un correo electrónico con los datos de mi cita en la dirección que he proporcionado. I wish an email with the appointment information to be sent to me.

INSIDER TIP: Avoid using Hotmail addresses as these can often get lost somehow. Also check your spam mail box. But you don’t need this email confirmation to get through the door. Just makes sure to write down the details and reference number before you close your browser.


A view of the Extranjeria in Jaen. Photo by TrevorHuxham/Flickr 

UPDATE: In the run-up to Brexit becuase so many Brits were applying for residency the Spanish authorities boosted the number of appointments available and in some police stations and foreigners office have dedicated appointment slots specifically for Brits. 

Choose POLICIA-CERTIFICADOS UE (EXCLUSIVAMENTE PARA REINO UNIDO) in the drop down menu for appointments. 

What do I need to apply for residency?

– You will need to fill out the application form called EX 20 (previously EX 18) DOWNLOAD HERE

– You need to show a work contract or show you have enough money in your bank account so you won’t be asking social aids upon your arrival and that you have health care. (More on both later)

– Present the original and a copy of this form and the original and a copy of your ID document (passport for Brits);

INSIDER TIP: Always have two photocopies of each required document, just in case!

– You will need one passport photograph (take two just in case). 

– You need to pay the application fee (approx €12) at a bank (any bank, it doesn’t have to be your own bank) before you go to the police station/ extranjeria. To do so fill out form 790-012) Get it here and print it off. The bank will stamp the form as proof of payment

– In some places your registration on the padron has also been demanded and the certificate issued within the last three months, but this isn't always the case.

REMEMBER: Requirements can change from station to station (and even person to person at the station) so always take all paperwork conceivable – just in case!

What do I need to prove?

In order to become a legal resident you have to have lived in Spain for more than three months and depending on your circumstances here, you will need to provide:

– A work contract OR if self-employed  then evidence to the effect that you are self-employed. Registration on the Economic Activities List “Censo de Actividades Económicos” or proof of their establishment by means of registration in the Mercantile Registry “Registro Mercantil”.

For those who are do not work in Spain you must produce documentation to show:

– Public or private health insurance contracted in Spain or in another country, provided that it ensures cover in Spain during their period of residence.

Pensioners will be considered to meet this condition if they can prove, by means of the corresponding certificate (S1), that they are entitled to health care paid for by the State from which they receive their pension.

– You must also prove you have sufficient resources, for yourself and any family members, not to become a burden on Spain’s social assistance system during their period of residence. Proof of the possession of sufficient resources, whether from regular income, including work income, pension or income of another kind, or from ownership of assets, will be given by any legally admissible evidence, such as property deeds or a bank certificate.

If you are a UK pensioner and get pension money paid into a Spanish bank account, a bank certificate is enough. Otherwise you will have to get a letter from the UK pensions office and have it translated by an official legal translator.

Further Information:

Guidelines (in Spanish) can be found  on Spain's government website HERE

FCO website 'Living in Spain' HERE and their Facebook page HERE

Spanish government dedicated Brexit information page HERE

List of provincial Extranjerias – foreigner offices – HERE 

READ ALSO: How to exchanging your British driving licence for a Spanish one 

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For members

VISAS

EXPLAINED: When you can exchange visas in Spain

There are several different types of visas and residency permits you can get to be able to live and work in Spain, but what happens when your situation changes and you want to exchange your visa for a different one?

EXPLAINED: When you can exchange visas in Spain

There are many different reasons you may want to exchange the type of visa or residency permit you have. Perhaps you’re on a student visa and have completed your studies, but still want to be able to stay in Spain. Or maybe you’ve been on a one-year non-lucrative visa, but can no longer afford not to work and want to exchange it for one where you’re allowed to work. 

Read on to find out which visas are possible to exchange and which are not. 

Student Visa to Digital Nomad Visa 

The simple answer is yes, it is possible to exchange your student visa for the new Digital Nomad Visa (DNV) that first became available last year. This will, however, depend on your individual circumstances and what job you plan on doing.

Firstly, in order to apply for DNV you must either have a degree from the field you want to work remotely in or have three years’ work experience in that industry. If you’ve just finished your studies this could be possible, but if you were studying something different, it could prove difficult.

If you are an older student, you could definitely have three years’ work experience in the industry you want to work in or you may have gained the experience working part-time in Spain while on your student visa.

Secondly, you must make sure you have worked for the company that hired you for a remote role for a minimum of three months before you apply for the DNV. The main caveat is that the company has to be registered outside of Spain as you are not eligible for the DNV if more than 20 percent of your income comes from inside Spain. This means that you will have to secure a remote job in another country while still on your student visa, making sure that you stick to the 30 hours a week you’re allowed to work.

Non-Lucrative Visa to Work Permit or Self-Employed

Being in Spain on the Non-Lucrative Visa or NLV can prove to be expensive because you’re not allowed to work, but have to prove you have a significant amount of savings or passive income. If you want to stay in Spain, beyond the initial year, you may be considering a different residency permit. Luckily, you can exchange it for a work permit or self-employed permit in a process called residence modification.

During your last few months on the non-lucrative visa, you are able to apply for jobs in Spain, which may give you the possibility of being granted a work permit. There are many prerequisites, including having lived in Spain for a year and being offered a pre-employment contract.

You could also decide to become self-employed at set up your own business. In order to do this you will need to meet the requirements that current legislation requires for opening and operating your chosen business. You will also need to sign up to the autónomo system, pay your own social security fees and submit your taxes five times a year.

READ ALSO: Should I change my non-lucrative visa for another residency permit in Spain?

Student Visa to Work Permit or Self-Employed

If you’re living in Spain on a student visa, then it’s relatively straightforward to exchange it for a work permit or become self-employed, if you want to be able to stay longer. The main requirement is that you have to have lived in Spain for three consecutive years, before you exchange it. This means, it’s really only possible for those who are doing a long-term course, such as a degree at a Spanish university. If you’re simply here for a year doing a language course, then it won’t be possible.

If you have been here for three years on a student visa, you have two options – the first is to find a job and become an employee by getting a work permit and the second is to become self-employed. If you opt for the first, the easiest way is to get a job offer and apply for the permit that way. Because you’ve already had a student visa and been here three years, it will be easier for companies to hire you as they won’t have to prove that there isn’t anyone from Spain or the EU that can do it first or that they have a shortage of professionals who can carry it out.

If you want to exchange it for a self-employment permit, you will have to present a business plan in order to get approval and prove you have the correct qualifications and experience to carry it out. If approved, then you will typically sign up to the autónomo system.

Student Visa to Entrepreneur Visa

Student visas are the easiest visas to modify in Spain, meaning you have many different options to exchange them if you want to stay longer. The Entrepreneur VisaVisado de Emprendedor is another option that will allow you to stay for a period of three years (with the option of exchanging or extending). It is, however, slightly more complicated to exchange to than simply getting a work permit or becoming self-employed.

The Entrepreneur Visa is especially for those who want to set up a business considered to be innovative with a special economic interest for Spain. Unlike becoming just an autónomo, you must agree to be able to create employment opportunities for locals in the future. You could also in theory exchange your NLV for an entrepreneur visa too, provided you can prove that you haven’t done any work while you’ve been living in Spain for the year on your NLV.

Non-Lucrative Visa to Digital Nomad Visa

It may sound confusing, but you can now actually exchange your NLV for a DNV too. Even though you are not allowed to work while on the NLV, you can actually decide to change it for a DNV, so that you will be allowed to work remotely either for a company or for yourself via clients. The Unidad de Grandes Empresas (UGE), the body that deals directly with DNV applications, has confirmed this is possible and The Local has heard of people who have successfully done this too. The only thing to remember is that no more than 20 percent of your income can come from inside Spain once you change over. 

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