SHARE
COPY LINK

BREXIT

Residency for Brits in Spain: ‘We’d encourage second-home owners to register’

With the Brexit transition period slipping away Michael Harris, from Madrid-based Eurocitizens group, outlined to a British parliamentary committee on Tuesday some of the problems that Brits in Spain and notably second-home owners are facing.

Residency for Brits in Spain: 'We'd encourage second-home owners to register'
Photo: Deirdre Carney
Michael Harris was one of three members of the British in Europe citizens' rights group which gave evidence to the parliamentary committee on the Future Relationship with the European Union.
 
Their input focussed on how the Brexit Withdrawal Agreement agreed between London and Brussels was being implemented across Europe, or more to the point how it still hasn't been in most places.
 
The committee heard how most EU countries were lagging behind the UK when it came to ensuring the rights for Britons in the EU that protected by the Withdrawal Agreement are written into national law.
 
Indeed out of 27 EU countries only Italy, the Netherlands and Malta have begin implementing the citizens' rights part of the agreement, agreed by both sides in March 2018.
 
Harris, from the Eurocitizens group and British in Europe, spelled out the issue facing Brits in Spain with only six months of the transition period remaining.
 
“Transition is disappearing, it's slipping away. Time is of the essence and also the anxiety levels of people are very high,” he said.
 
 
 
Harris said the pandemic and the severe lockdown had knocked the Spanish government's efforts to implement the Withdrawal Agreement well off course.
 
“Things were going fine in Spain until the lockdown… we had meetings with the Spanish government,” he said.
 
“Since then everything has gone haywire. We have had a very severe lockdown and things are only beginning to move now.
 
He said the Spanish government is announcing details of ID card Brits will need next month.
Michael Harris from Eurocitizens gives evidence to the parliamentary committee.
 
We at least know that Spain has opted for a so-called “declaratory system” meaning the rights of British residence are in theory guaranteed without any application process – in contrast to the constitutive system France is employing. 
 
But even without the obligatory application process Brits in France are facing, it doesn't mean everything will be straightforward for Brits in Spain and in particular those British second home owners who are not residents.
 
“Because Spain is a declaratory system it doesn't mean everything is plain sailing,” Harris said.
 
“There's no legal deadline, there's no legal cliff after which people will become illegal, but in practice you will need to demonstrate your new status after December 31st to be able to travel in and out of the Schengen zone and to access services in Spain.
 
“To get this documentation you'll have to go through the system, and Brits will no longer be in the more benevolent EU system but the more cumbersome, more difficult third country system.
 
 
“That's something we are worried about. There may be people who can't demonstrate they have the rights under the Withdrawal Agreement.”
 
Harris also encouraged second-home owners who spend a lot of time in Spain to register as residents or face only being able to spend 90 days in Spain out of every 180-day period after December 31st.

“If you are spending up to six months a year in Spain we would encourage them to register in order to access healthcare but also to meet their fiscal obligations,” he said.
 
“Really under EU law after being three months in a country you should register, so we think people should register if they want to spend that amount of time in Spain.”
 
You can watch British in Europe's evidence to the parliamentary committee by clicking HERE.
 
 
 

 

Member comments

Log in here to leave a comment.
Become a Member to leave a comment.
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. 

SHOW COMMENTS