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BRITS IN EUROPE

‘Votes for life’: Brits in Europe given boost as new rules finally published

British citizens living in Europe who had lost their electoral rights in the UK because they lived abroad for more than 15 years should be able to vote in the next general election, after the British government finally published new rules on registration and voting.

Published: 27 October 2023 09:19 CEST
'Votes for life': Brits in Europe given boost as new rules finally published
A man drinks coffee opposite Palace of Westminster, home to the Houses of Parliament, and the Elizabeth Tower, commonly known by the name of the bell "Big Ben", in London on June 15, 2023. (Photo by Daniel LEAL / AFP)

In April 2022, the lifelong right to vote in UK general elections for British citizens abroad became law.

The new law removed the rule by which Britons lost their voting rights in the UK if they lived abroad for more than 15 years. But the way new measures could be applied in practice – in other words details for how Britons could actually register to vote – still had to be defined.

On Wednesday new legislation was published that clarifies these important details. Now they need to be approved by parliament to allow Britons to vote in the next general election, that will be held before December 2024.

Fiona Godfrey, co-chair of the British in Europe citizens rights coalition said: “We are delighted that the government has made good on its promise to legislate on the voting rights of UK citizens overseas.

“We hope and expect that the draft secondary legislation will be adopted quickly and it looks like this will be in time for us to register and vote at the next UK general election. Voting is a citizenship right, not a privilege, and we intend to use it.

“This has been a campaign of decades and we wouldn’t have got this far without the hard work and tenacity of the late Harry Shindler. Three million future British voters overseas owe a huge debt to him,” she added.

Under the 2022 law, Britons living abroad will have to prove they previously resided in the UK to be able to vote.

This may not be related to having been registered on the UK electoral roll, but could be determined with an automated match against Department of Work and Pensions records or documents provided by the applicant (for instance Council tax or utilities bills) or checks on local records.

If that is not possible, the Electoral Registration Officer may request a signed declaration from a qualified elector.

To register as overseas electors, Brits abroad will have to provide the same information as ordinary electors, as well as their current address, their British passport details and, if they have changed name since they were last registered in the UK, explain why.

If the electors were under 18 when they left the UK, and therefore may not have the documents to prove their previous UK address, they will be able to provide the name of a parent or guardian related to the address, and a birth certificate, or an equivalent document to demonstrate the connection to that person.

It will be possible to submit documents electronically, the draft law specifies.

In addition, the registration in the electoral roll will now last up to three years instead of only one year. Similarly, proxy vote arrangement will have to be updates up to every 3 years. Brits abroad should also receive reminders when declarations are about to expire.

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PENSIONS

What Brits should know about SIPP and QROPS pensions if moving to Spain

This Q&A offers some key information on SIPP and QROPS pension plans for British pensioners thinking of retiring in Spain, to help them decide which option is better for them.

Published: 9 May 2024 09:39 CEST
What Brits should know about SIPP and QROPS pensions if moving to Spain

Q: What are SIPPs?

A: SIPP stands for Self-Invested Personal Pension and is a UK-based pension plan. If you open an international SIPP then you can draw from this while you’re living in Spain.

Q: What is QROPS?

A: QROPS stands for Qualifying Recognised Overseas Pension Scheme. It allows you to transfer your UK pension out of the country. They are outside the UK tax regime, but must be inside the European Economic Area (EEA) if you want to avoid charges from HMRC. They also need to have similar rules and regulations to a UK-registered pension plan. Many QROPs from those wishing to retire to somewhere in Europe are transferred to Malta. As there is a dual tax treaty between Spain and Malta you will not be subject to Maltese tax when you draw your pension from there.

Q: What do I need to consider when opening a SIPP?

A: If you choose to open a SIPP, as it is self-invested, you will be responsible for managing it and making all the investment decisions. It is therefore best for those who already have some knowledge of investing or those who have the time and who are willing to put the work in to learn. It does, however, mean that you also have greater control and flexibility over your finances. You can choose to have the SIPP managed by a professional advisor, but of course this is an extra expense. Your SIPP could also be potentially subject to UK tax laws. 

Q: What do I need to consider when opening QROPs?

A: This is best for those wishing to cut all ties with the UK and permanently retire to Spain for the rest of their lives. You could lose UK domicile if you choose to do this and don’t have any other assets there, but it could mean you could also avoid UK inheritance tax. It’s also ideal if you wish your family also live outside of the UK

Q: I intend to return to live in the UK at some point in the future, which is best for me?

A: As SIPPs are UK-based, if you plan on returning there to live at some point during your retirement, that option is best. If you have QROPS, you could be subject to a large tax payment if you want to transfer it back to the UK.

READ ALSO: Six factors British people need to consider before retiring to Spain

Q: Which option will be cheaper for me?

A: SIPPs are generally cheaper than QROPs as you are managing it and investing yourself. If you choose someone else to manage it for you, however, this may not be the case.

Q: Will my SIPP be subject to tax in Spain?

A: Yes, if you are resident in Spain then you must follow Spanish tax regulations meaning that any withdrawals from SIPPs will be subject to income tax here. Pensions in Spain are subject to progressive tax rates ranging from 19 to 47 percent.  While SIPPs are also subject to UK tax rules, due to the double tax treaty between Spain and UK, you will not be taxed twice.

Q: Will my QROPS my subject to tax in Spain?

A: Yes, again if you’re resident in Spain you will be taxed on pension income. You must report income from a QROPS on your annual tax return. If you’re already a Spanish tax resident when you move your pension, it’s important to be aware that you’ll pay Spanish income tax on the whole value of the fund, therefore it’s much better to move it beforehand and then make your permanent move to Spain. 

Q: I want my pension to be paid in Euros to avoid exchange fees, which option will be best for me?

A: If you want to be paid in Euros, then QROPS will be the best as you will have completely transferred it out of the UK and into the EEA. This means that when you draw your pension, it will be paid out to you directly in Euros.

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