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Brexit: What changes for Brits in Spain from January 1st?

The Brexit transition period ends at midnight on December 31st, bringing about a lot of changes for Brits in Spain or those hoping to move here.

Published: 1 January 2021 09:00 CET
Brexit: What changes for Brits in Spain from January 1st?
Image: Daniel Diaz / Pixabay

What Brits can no longer do from January 1st 2021

The basics:

  • Move to Spain from the UK under the freedom of movement act
  • Move to another EU country from Spain under freedom of movement act
  • Apply for residency in Spain as a British citizen covered by the Withdrawal Agreement
  • Claim expenses on properties they rent out, if non residents
  • Use your UK issued EHIC (European Health Insurance Card)
  • Exchange their British driving licence for a Spanish one (unless they started the process before Dec 30th)
  • Bring their pets to Europe with just a Pet Passport 

Residency

If you were already a legal resident in Spain before July 2020 and have your green certificate as a citizen of an EU country (either the older version green A4 paper or the credit card sized certificate) then your rights to remain in Spain are guaranteed. Spanish authorities are saying that there is no need to swap the green piece of paper for the TIE.

There are several advantages to doing so though, and many long-term residences have already completed the swap. There is no deadline on this however and Spanish authorities insist that it can be done at any time in the future.

READ MORE: What Brits in Europe need to know about travel from January 1st 2021

Those Brits who want to move to Spain under the withdrawal agreement only have until midnight on December 31st to do so. Once here, they need to apply for residency and get their TIE numbers.

As appointments are incredibly difficult to get however, the British Embassy in Spain is telling people not to worry. They are advising those who arrived before December 31st, but haven't yet been able to register, to collect as much evidence as possible to show that you were living in Spain by December 31st and take screenshots to prove that you have tried persistently to get appointments to get your TIE.

After getting your TIE, you will also need to become a Spanish tax resident, register with the Hacienda and get a social security number. 

If you are already in Spain by December 31st, the withdrawal agreement covers you for however long you choose to stay in Spain and it is a legally binding international agreement. 

We still don’t know exactly what trying to move to Spain will look like for British citizens after December 31st, but most likely they will be treated just like other non-EU citizens who want to move here, such as Americans or Australians. This could mean a complicated and expensive process of applying for visas and work permits, getting private health cover and showing proof of your finances.

Brexit Q&A: What happens if I am not registered as resident in Spain by December 31st?

Property

UK citizens who don’t live in Spain, but own and let out a property in the country will see their taxes almost triple after the transition period. This is because they will no longer be able to take off expenses from their tax declaration once they become non-EU citizens.

From January 1st, Brits who own homes in Spain will not be able to claim any expenses such as mortgage interest, insurance, IBI or community fees and will have to pay the full non-resident tax amount.

90 Day rule

 

UK business visitors and tourists will still be able to travel to the Schengen area for stays of up to 90 days in every 180-day period.

From 1 January you will require permission from Spain for any stay longer than that and this may require applying for a visa or permit. This will limit the time you can spend in your property, but your property rights will not change.

READ MORE: How can British second home owners spend more than 90 days in Spain after Brexit?

 

Travel within in the EU

Likewise If, after December 31st, British residents in Spain want to travel to other countries in the EU for tourism purposes they will only be able to do so for a maximum of 90 days within 180 days. These means no extended trips to nearby France or Portugal. If the UK and Spain reach a separate deal however, this could change at some point in the future. 

Your British passport will also no longer be accepted for travel within the EU if you have less than six months left on it, so make sure to check the date of expiry.

Remember that if you’re going away this Christmas and are returning to Spain in the new year, remember that you may also be asked for proof of residency upon your return.

Driving

Brits in Spain who have not yet swapped their British driving licenses for a Spanish one, will only have six months until their UK licence is no longer recognised for driving in Spain. Unless a new agreement is introduced then after June 30th you will need to pass a Spanish driving test to legally drive in Spain if you are a resident here. 

But for those who have started the process to exchange your driving licence for a Spanish one then as long as you registered the details of your licence with the Spanish traffic office and the licence was verified by 30 December 2020, you have until 30 June 2021 to complete the exchange.

READ MORE: Spain introduces new process for British driving licence swap

European Health Insurance Card (EHIC)

Your EHIC from the UK will no longer be valid in Spain from January 1st 2021. If you’re planning on visiting another EU country and want to be covered for emergency healthcare while there, you’ll need to apply for the Spanish equivalent, called the Tarjeta Sanitaria Europea or TSE card. Find out all about how to apply here.

A new EHIC has been developed for those eligible under the Withdrawal Agreement to protect the existing healthcare rights of people living, working and studying in the EU prior to the end of the transition period.

Residents who have a registered S1 form and students will need to get the new UK-issued EHIC which will be valid from when they receive it and for travel from 1 January 2021.

They can apply on the NHS website HERE

Pet travel


Photo: AFP

There will be no change to the current health preparations or documents for pets entering Great Britain from the EU from  January 1st 2021.

However, from January 1st 2021 onwards, the UK will have Part 2 listed status under the EU Pet Travel Scheme, meaning that people travelling from England, Wales or Scotland with their pets and assistance dogs will need to follow new requirements in order to travel to Spain.

 

For further information visit https://www.gov.uk/guidance/pet-travel-to-europe-from-1-january-2021, where you will also find contact details for the pet travel hotline.

READ ALSO: New rules on pet travel as UK granted 'listed status' by EU 

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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?

Published: 30 April 2024 14:20 CEST
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 Visa – Visado 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

Unfortunately, this exchange is not possible. The main issue is that you’re not allowed to work while on a NLV and the requisites of the DNV are that you must have worked for the company that hired you for a remote role (or your clients if you’re self-employed) for a minimum of three months before you apply.

If this is the case then you’ll be admitting that you were working while on your NLV, which could get you into trouble. This means will have violated the terms of your visa and will be highly unlikely to be granted another one. You may also face penalties and fines, depending on your circumstances.

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