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BREXIT: Brits rejected for residency in Spain given 15 days to leave country

Some UK nationals who have had their Spanish residency applications rejected are being sent notices telling them they must leave the country within 15 days or risk being classified as illegal.

Published: 9 September 2021 14:09 CEST
BREXIT: Brits rejected for residency in Spain given 15 days to leave country
Photo: Julian Hacker/Pixabay

Anne Hérnandez, the head of citizen help group Brexpats in Spain, told The Local Spain on Thursday of the most recent residency problem UK nationals in Spain are encountering post-Brexit. 

According to legal documents The Local Spain has had access to, Spain’s Immigration Office (Extranjería) are informing some Britons who applied for residency under the Withdrawal Agreement that they have 15 days to leave the country after their application has been rejected. 

“You will be advised that, unless you have a qualifying document to stay in Spain, you must leave the Spanish territory within 15 days from the notification of this resolution, unless exceptional circumstances occur and you justify that you have sufficient means, in which case you may extend your stay up to a maximum of ninety days,” reads the document.

“Once the indicated period has elapsed without the departure being made, the provisions of the Regulation of Organic Law 4/2000, of January 11, will be applied for the cases of being irregularly in the Spanish territory (article 53.1.a of the cited Organic Law 4/2000).” 

According to the state bulletin in question, overstaying can be considered a “serious offence” by Spanish authorities, with fines going from €501 to €10,000, a possible expulsion from Spain as well as a potential ban from the Schengen area for six months to five years.

Hernández, who was recently awarded an MBE for the help she provides to Britons in Spain, said “it’s the first I’ve heard of the 15 days deadline but I’ve been contacted by people asking for help who’ve told me this”.

“We don’t have exact figures of how many people are affected but I know of several cases around Málaga.

“Applications are mostly being rejected on the grounds of insufficient evidence of legally residing in Spain in 2020, such as a padrón (town hall registration), medical insurance or other proof people were actually living here before 2021,” Hernández explained. 

The situation affects Britons who are applying for residency in Spain for the first time under the Withdrawal Agreement. In essence, those who didn’t register before Brexit came into force, (and therefore are not holders of the old green residency document or, since July 2020, a TIE card), even though they were purportedly living in Spain before the end of 2020. 

Their application process is different from those who are green residency document holders and want to exchange the A4 paper or card for a TIE, and different as well from the process for UK nationals who weren’t living in Spain before Brexit and are applying for residency for the first time.

“It’s scary stuff when you consider that British applicants might have sold up in the UK to buy their dream home here, shipped all their furniture and belongings over and their pets – what do they do?” Hernández said, citing also the example of a pregnant British woman in Spain who’s received this notice letter from Spanish immigration authorities.

Appealing rejected residency applications in Spain is possible and there are several organisations – Age in Spain, Babelia and IOM – helping Brits in particular to do so. 

“But if they ask for a document such as medical insurance dating back from 2020 and they can’t provide it, they risk the application being rejected again.” Hernández argued.

READ MORE: Why some residency applications by Britons in Spain are rejected (and how to appeal)

Alicia Gárate, the International Organisation for Migration’s coordinator for the UK Nationals Support Fund Project in Spain, told The Local  that there are “two appeal processes for rejected residency applications which each have to be completed within a month”.

“It’s important for UK nationals to know that if their residency application is rejected and they appeal, then they have the right to remain in Spain during the appeal process.”

Although Spain hasn’t given unregistered Brits who were in the country before Brexit a deadline by which to apply for their Spanish residency for the first time, UK and Spanish authorities have been urging Britons to do so as soon as possible if they intend to stay here. 

Hérnandez will discuss the matter on the Mijas weekly livestream session on Youtube at 7pm local time on Thursday September 9th (you can listen to it at a later date here).

READ ALSO: Can non-resident Brits in Spain get an extension on the 90-day rule and what happens if they overstay?

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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
Updated: 4 May 2024 08:21 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

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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