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VISAS

EXPLAINED: How Brits with residency in Spain can move to France

What’s the process for UK nationals with or without Withdrawal Agreement residency status in Spain if they want to become residents in France? This detailed breakdown will help you decide on visa and residency options.

Published: 24 January 2024 13:49 CET
Updated: 27 January 2024 11:01 CET
EXPLAINED: How Brits with residency in Spain can move to France
France offers a plethora of different visas, all of which give you different rights and involve a slightly different process.(Photo by Joël SAGET / AFP)

Spain and France are home to the two biggest groups of UK nationals in the EU, with roughly 400,000 and 200,000 respectively.

Most of these Britons were living in Spain and France before Brexit officially came into force in 2021, meaning that they and their third-country relatives were able to claim Withdrawal Agreement (WA) status before the end of the Transition Period, protecting their rights to live, work, social security and study in their adopted countries. 

It’s not been as straightforward a process for UK nationals who decided they wanted to move to Spain or France after this Brexit deadline, as their non-EU status without WA rights has meant they’ve needed to apply for a visa like any other third-country national, with tougher requirements in order to gain residency.

However, do those special Withdrawal Agreement rights give UK nationals residing in Spain any advantage if they want to move to France and become residents there?

The answer is no. As the European Commission states, “the Withdrawal Agreement only protects your right to reside in those EU Member States in which you were exercising your right to move and reside freely under EU law on 31 December 2020.”

In essence, WA British residents are covered in Spain, but if they decide to move to France or another EU country, the process is the same as for any other UK national who wasn’t living in Spain or the EU before Brexit.

INTERVIEW: Why it must be made easier for non-EU citizens to move around Europe

Therefore it will be a case of ‘starting from scratch’ and choosing the most suitable French visa option for you to obtain French residency, if you do indeed intend to go ahead with the move. 

If you’re planning on moving to France or spending long periods of time here and you’re not an EU citizen then you’re likely to need a visa – but understanding which type of visa to get can be complicated.

What type of French visa do Brits need?

From working visas to 6-month visas, visitor visas to talent passports, France offers a plethora of different visas, all of which give you different rights and involve a slightly different process.

But Brits applying for the first time often end up baffled by the choice on offer – so here’s how to decide which visa is right for you. 

How long do you want to spend in France?

This is the first question that you need to consider. If you intend to move to France and make it your home then this is fairly simple and you can move on to the next question.

If, however, you are a second-home owner or someone wanting to simply pay long visits to France (ie more than 90 days in every 180 in accordance with the 90-day rule), then it can be a little more complicated.

First, you need to decide whether you want to make France your main residence, or keep your residence in another country (say, the UK or Spain) and simply be a visitor when you come to France.

There are advantages and disadvantages to both options.

Making France your main residence – if this is the case, you can apply for a 12-month visa and won’t be limited in how long you can spend in France.

However, as a resident in France you will need to complete the annual tax declaration (even if all your income comes from outside France) and you may also need to register with the French healthcare system. If you are resident in France then you are no longer a resident of your home country, and this may affect things like your tax status and access to healthcare.

Keeping your main residence elsewhere – if you do not intend to live in France then you are limited to the six-month visitor visa. This limits the amount of time you can spend in France, but means that you are not affected by the responsibilities of French residents such as the annual tax declaration. You cannot register in the French health system and a visitor and you have no automatic right to enter France if the borders are closed (as they were during the pandemic).

Slightly confusingly, there are two types of visa that are popularly known as a ‘visitor visa’ – a 6-month one and a 12-month one – we explain the difference HERE.

READ ALSO: When will we know if France allows new visa rule for British second-home owners?

What do you intend to do in France?

Assuming that you want to move full-time to France, the next question is what you intend to do here – maybe you’re moving for a job, you have plans to set up your own business or you want to retire here. How you intend to fill your days is important, because it affects the type of visa you will apply for.

Study – perhaps the simplest visa option is for those who intend to study in France as the student visa generally has the simplest application process. You must, however, already be accepted by a French educational establishment before you apply for the visa. All French universities are accepted for this, but not all French language schools are accredited for visa purposes, so if this is what you intend to do you need to check in advance if you will be able to get a visa.

How to get a French student visa

If you complete masters level degree studies in France, you get some extra advantages, including the right to stay for an extra year while you hunt for a job and a fast-track to French citizenship.

Ask the expert: How students can remain in France after their studies

Retire – retiring to France is a perennially popular option, and most people who do not intend to work in France come on the long-stay visitor visa. This has a fairly simple application process but requires financial proof that you can support yourself while in France and won’t become a burden on the French state. This can be either in the form of proof of regular income such as a pension or a lump sum in savings. The general guidelines figure is that you must have more than the French SMIC (minimum wage) which is currently at €1,300 per month or €15,600 per year. 

As part of the process, you will also have to give undertakings that you will not work in France – so this isn’t suitable for people who, for example, want to retire from their main job and move to France to open a gîte or B&B. If you intend to work remotely while in France – click HERE. 

Checklist: How to retire to France

Work – if you intend to work in France there are two routes – become a salaried employee or work for yourself, either as a freelancer or contractor or set up your own business. 

Salaried employee – this is the simplest route in visa terms because once you have a job offer your employer sponsors your visa and you don’t need to provide proof of your financial means or a business plan.

However getting a job can be harder because employers are often reluctant to take on the extra paperwork of sponsoring visas and the associated work permits that certain types of employees need – you may even see job adverts stating that the company will not sponsor visas. It’s not impossible, you just need to be an especially good candidate because employing you is more complicated for a company than employing someone who either already has a visa, or somebody who doesn’t need one (ie an EU citizen). 

Three things to know about work permits in France

Self-employed – being self-employed (auto-entrepreneur in French) covers everything from people working on a freelance or contractor basis to people setting up a small business like running a B&B or selling artisan products right up to people who want to set up a big business. Keep in mind, however, that France does not yet have a dedicated digital nomad visa. 

In order to get this type of visa you need to be able to show firstly that you can support yourself initially – that you have somewhere to stay (this can be as simple as a 3-month Airbnb booking) and some savings or income, and that you have a detailed business plan for the type of work that you intend to do. 

‘Not too complicated but quite expensive’ – getting a French work visa

Au pair – a popular option for young people is to come to France to work as an au pair while learning French, and there is a specific visa for this. You need to find a family before you apply and you also need to give undertakings that you will take formal French classes while you are here. Full details HERE. 

Seasonal worker – another popular option for young people is to move to France for a short period and take on seasonal work, such as working the ski season. This has its own process – full details here.

Do you have a French or EU spouse?

If you are married to a French person or have a close relative who is French, you could benefit from a family visa. This has the advantage of allowing you to come to France without a job, but you are not permitted to work on a spouse visa so it’s not suitable for those who intend to seek work.

It’s important to point out that being married to a French person isn’t quite the ‘get out of jail free card’ that some people think – you still need to go through the visa process and also have to fulfil certain financial requirements, so depending on your situation the family visa might not be the significantly easier or better route. 

How to get a French spouse visa

Similarly, it is possible to get a spouse visa if your spouse is an EU national from another Member State other than France. 

Could you benefit from the Talent Passport?

This is a relatively new visa type that offers a four-year visa and the opportunity to bring family members. It is, however, only available to certain groups – essentially you need to be either working in a specific area like tech or you need to have an international reputation or expertise. Full details here.

What next?

Once you have decided which visa you need, then you are ready to start collecting documents and starting on the application process – you can find a complete guide to applying HERE.

And don’t forget that the paperwork continues even after your visa is granted – once you are in France there are some important admin tasks to complete in order to keep your legal status – full details HERE.

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For members

BRITS IN SPAIN

Six factors British people need to consider before retiring to Spain

If you're a UK national and thinking of retiring to Spain, there are some important factors you need to think about before making the move, and before you make any decisions about your UK pension.

Published: 3 May 2024 09:59 CEST
Six factors British people need to consider before retiring to Spain

Retiring to Spain is a dream for many, but in order to make that dream a reality, you need to know that you can financially support yourself.

For most retirees, their main or only income will be a UK pension, so it’s important to understand how your pension will work once you make the move to Spain. 

There are some specific rules and restrictions you should know when your pension is paid outside of the UK. You also need to understand how your pension will be taxed in Spain.

Financial adviser, Maeve Hoffman, from Spectrum IFA Group, emphasised that people should not take these decisions lightly, telling The Local: “Figuring out what to do with your pension should be part of your wider financial plans for your life”.

“This may be your most important asset, besides your home, and the best answer for what to do with your pension is highly individual. There are no sweeping generalisations when it comes to advice on private pensions. Everyone’s situation is different,” she said.

This article is intended as an overview of how the system works for UK pensioners and is not intended as a substitute for individual financial advice. It’s aimed at people who have worked most or all of their career in the UK and then plan on retiring to Spain – the situation is slightly different for people who have worked in Spain and then retire here.

READ ALSO: Which UK benefits can Brits keep if they move to Spain?

Long-term or short-term

The first thing you need to decide is if you’re moving Spain for the long-term or short-term. 

If you’re looking to stay here permanently, there are certain advantages you can benefit from, but they could make things extra complicated if you end up returning to the UK in the future.

Make sure you ask yourself the tough questions so you can think about every eventuality. Is there a chance that you will have grandchildren in the future that you’ll want to be close to them? Have you ever spent a significant time in Spain, before, apart from just for short holidays? Do you have connections to Spain, such as friends, family or a home? If your health deteriorates, will you want to be cared for in Spain or the UK?

If are unsure about the answers to these questions, then take some time to really think about them. There are alternatives to permanently moving to Spain if you are unsure – for example, you can stay here for three months without the need for a visa.

Understand the different tax rules

British retirees should be aware that the UK and Spain have very different tax systems.

Once you become a tax resident in Spain you have to file a yearly declaration on your global income. Your UK pension will be taxed in Spain and you will no longer be liable to UK taxation, unless you have a government service pension.

You can check if your pension is classified as ‘government’ here.

The UK state pension, as well as any other private pensions, will be taxable in Spain.

Because of this, will want to think about whether your previous plans for your private pension were only advantageous to you as a UK resident. Once you become a Spanish tax resident, they could have unforeseen implications.

For example, there is no tax-free lump sum in Spain. If you want to take out a lump sum, taking it while you are still a UK resident will save you a lot in tax.

Taxes also depend on the region in which you decide to retire to. Some are a lot more advantageous than others, so it’s important you know the rules of where you plan on moving to. 

READ ALSO: Why you should move to this region in Spain if you want to pay less tax

Get reliable, expert financial advice before doing anything

If you have decided you want to be in Spain permanently, then you will need some expert tax and pension advice – but you need to be careful who you take advice from, this is a highly specialist area and it’s unlikely that high street financial advisers will have the knowledge that you need. 

Brexit has also made getting financial advice more complicated, with fewer experts available.

Hoffman told The Local: “Because of Brexit, you cannot use a UK-based financial adviser anymore – you have to use an EU-registered one. This has made things more complicated. When picking an adviser, seek out someone who has expertise on the local taxation rules. They should also be regulated with the financial regulator where you live and where they work”. 

It can be especially complicated to work out who you should and shouldn’t take advice from – for example, some UK-based advisers have continued to give advice to EU-based clients, even though are not following EU regulations anymore. 

Hoffman adds: “There are free, government-based services in the UK that can help you understand your private pension – Pension Wise and Money Helper. Before doing anything, you should consult the free services. Any financial adviser worth their salt would recommend this too. 

“These services have begun to have longer wait times, so be sure to book well in advance of when you plan to draw from your pension.”

Decide whether to transfer your pension

Another question that is important for Brits to think about is whether or not to transfer their pension into either a UK-based SIPP for non-residents, or a QROPS (Qualifying Recognised Overseas Pension Schemes).

The SIPP will keep your pension in the UK, while the QROPS moves it out of the UK. 

These options can be helpful for residents in Spain, but you need to familiarise yourself with their benefits and drawbacks.

“The QROPS is not for someone who is unsure of their future, as if you return to the UK within five years of the pension transfer, HMRC will seek their tax back as if it was a full encashment,” Hoffman said.

You should also beware of scams on this subject, as the post-Brexit period saw many scammers seeking to persuade Brits that it was now mandatory to transfer their UK pension – always be wary of any cold-calling or unsolicited financial advice.

Determine how you will draw from your pension

The next factor to consider is how you want to receive your pension – either as regular income or as a lump sum. The option that you chose will have tax implications in Spain.

Generally, the tax rate will depend on the amount of your pension, but can range from 19 to 47 percent in Spain.

Remember that there is no ‘tax-free lump sum’ in Spain, so it’s best that you don’t draw from your pension that way.

Healthcare and Social Security

You won’t automatically be covered for healthcare in Spain if you retire here, because you won’t be working and therefore won’t be paying social security.

Thankfully, there are various options. UK nationals who retire to Spain (and have never worked in Spain) and have already reached the state pension age can apply for the S1. This means that the UK continues to pay for their healthcare costs and they would not be charged social security. Non-working spouses of an S1 holder can also benefit from this.

READ ALSO – Healthcare in Spain: the steps to apply for the S1 form for UK state pensioners

You can also choose to pay for the convenio especial (which translates to ‘special agreement’). This allows foreigners in Spain to pay a monthly sum into the country’s public health system to have access to it, even if they don’t work. To access it, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

Of course, you also have the option of getting private health insurance too.

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