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BREXIT

Q&A: How will coronavirus crisis affect chances of Brits staying in Spain after Brexit transition period?

Before the coronavirus crisis disrupted everything, many Brits already in Spain or planning to move here were working hard to get their paperwork properly in order before the withdrawal agreement period ends on December 31st 2020.

Q&A: How will coronavirus crisis affect chances of Brits staying in Spain after Brexit transition period?
Photo: Patrick Dobeson/Flickr

But when covid-19 hit Spain, it not only scuppered travel plans but forced people who were planning on moving here to put the relocation on hold. The total lockdown in Spain also meant that government offices closed and that meant delays in registering and paperwork.

So this week the British Embassy in Madrid issued a reminder for Brits in Spain aimed at reassuring those who are nervous about the implications of coronavirus with the Brexit withdrawal agreement deadline looming.

“Please remember that citizens’ rights are already protected by the Withdrawal Agreement, which was ratified by the UK and the EU in January,” a statement from the Embassy said.

This means that as long as you are legally resident here by the end of 2020 your rights to continue to live and work here are guaranteed.

And for those who have retired here, the Withdrawal Agreement guarantees that  UK state pensioners will continue to have lifelong healthcare access as long as they remain living in Spain (this also applies to residents who claim a UK state pension in the future) and that UK state pension will continue to be uprated.

“Our key message remains to register as a resident as soon as you are able,” insists the Embassy although it accepts that this has been difficult with the closure of administrative offices during lockdown.

Their advice is to keep checking the Spanish Administration portal to see if appointments for “residencia” are available again in your area.

Once a province has moved into Phase 2 of the de-escalation plans some offices are again offering a limited number of appointments but bear in mind that restrictions are being lifted at different rates across Spain.

What do you mean by legal resident?

If you are British and have lived in Spain over 3 months then (until the end of the transition period) you can apply for legal residency as a citizen of an EU member state.

This looks like a green credit card size piece of paper with the words “certificado de registro de Ciudadano de la Unión”.

This replaced an A4 size green piece of paper which is still valid. (Both are pictured below):

If you have been a resident for over 5 years then the certificate can be replaced with one that states “caracter permanente”.

It will have your name, address and NIE (Número de Identidad Extranjero) and this is all you need to guarantee your future in Spain when the transition period ends on December 31st 2020.

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.

“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 at the British Embassy in Madrid.

“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.

READ ALSO Brexit: How to register as an EU resident in Spain

 

But what about the TIE?

The TIE (Foreigner Identity Card) is the residence document that will explicitly show you have rights under the Withdrawal Agreement once the transition period is over and it is likely at some point that Brits in Spain will have to replace their green certificate with a TIE.

But Spanish authorities have not yet announced when this will be introduced.

So until they do, those registering for the first time will be issued with the green residency certificate.

Don’t panic!


HMA Hugh Elliott issued a message of reassurance to Brits in Spain. Photo: British Embassy Madrid / FCO
 

The British Ambassador to MadridHugh Elliott issued a message to reassure Brits who may not yet have the correct documentation:

“I know that because of the suspension of residency appointments during the state of emergency, many UK nationals are concerned about their ability to obtain the correct documentation before December 31,” he said.

“I want to reassure people on two points. If you already have the green residency certificate, your core rights are protected and it remains a valid document, even after the end of the transition period.

“If you don’t yet have your green residency certificate there is, likewise, no need for alarm. We continue to advise people to get an appointment as soon as you can.

“However, as long as you are living in Spain and can prove that you satisfy the legal conditions of residence (ie. sufficient income and access to healthcare) by 31 December 2020, your rights are assured even if you are not able to get the physical document before the end of the year.”

More information: 

The Spanish government has a dedicated Brexit page in English HERE

The UK foreign office issues official guidance for Brits living in Spain HERE

READ ALSO ANALYSIS: What will Brits in Spain need to get 'settled status'?

 

Member comments

  1. This doesn’t answer the question for people stuck in UK who either have, or were going to buy properties and move over to Spain and get residencia before transition ends. They still don’t know when they will be allowed in. Will there be any extension for them?. So far these questions have been ignored

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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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