Since the introduction of legislation in 2012, (LEY 7/2012, de 29 octubre, de prevención y lucha contra el fraude fiscal), Spain has required all Spanish residents to make an overseas assets declaration, notifying the authorities of the worldwide assets that they own or control.

Under the Law, failure to make an overseas assets declaration, or submission of an inaccurate one, would result in costly penalties.  Unreported overseas assets that were later discovered by the authorities, were treated as undeclared income on which tax should have been paid. The fines and penalties for such could amount to more than 150% of the undeclared asset value.

Whilst the law was aimed at deliberate high level tax evaders, the fact it allowed penalties to be imposed simply for non-declaration of overseas assets, meant that expats and other foreigners living in Spain, who are likely to have such assets, could fall foul of this rather intrusive legislation.

Indeed many received harsh penalties, simply for making the declaration late or making a mistake on the form, despite having legitimately acquired their overseas assets BEFORE taking up residency in Spain.

The TIE, Tarjeta de Indentidad de Extranjero, is the Spanish identification card for citizens from third countries (non-EU) who reside in Spain.  The Withdrawal Agreement TIE is a special version of this card, issued to British UK nationals who have retained EU rights under the terms of the Brexit Withdrawal Agreement.

The qualifying requirements for applicants e.g. for proof of means remain the same as they were when the UK was in the EU.  British UK nationals living in Spain who had not obtained a residency certificate, had until the 31st December 2020 to apply for the the Withdrawal Agreement TIE.

You can now apply for the Withdrawal Agreement TIE in these circumstances:

There are two main healthcare requirements for the Non-Lucrative Visa.   Firstly you must be free from any of the diseases listed under the International Health Regulations 2005, and secondly you need to have unrestricted access to healthcare in Spain.

Doctors Letter or Medical Certificate for a Non-Lucrative Visa Application

The first requirement is satisfied by obtaining a Doctors letter or medical certificate.  The Doctors letter or medical certificate can be provided by your own GP, or a private Doctor either in the UK or Spain.  The letter or certificate has to be signed by the issuing doctor, have their medical practice stamp, and their registration number.  In the UK this is known as a GMC (General Medical Council) number.

The are quite a few steps and costs involved to import and register and car from a non-EU country in Spain.

First and foremost EU conformity, import and registration costs must be taken into account as these can make the import and registration in Spain impossible or too expensive to be worth while.

This said, under EU rules if you are moving from a non-EU country to live in an EU country, such as Spain, you can bring your possessions including cars, and avoid paying the costly duties and taxes and having to pay for expensive EU conformity certification.

These transfer of residence rules give you up to12 months form the date you get your residency to import your car and avoid paying customs and VAT.  However you only have 60 days from the date you take up residency, to register your car and avoid registration tax (if it applies).  

Spain’s Golden Visa offers residency to individuals who make a real estate investment in Spain of €500,000 or more.  The Golden Visa scheme has been in existence since September 2013 when legislation for the ‘residency by investment scheme’ was passed.  The aim being to attract foreign investors at a time when the economy of Spain was not in a very good place.  Since it’s inception, over 25,000 foreign investors have benefited from the scheme.

The scheme is open to nationals from non-EU or third countries, and has so far been most popular with investors from China, Russia and the USA.

What does Spain’s Golden Visa Offer Property Investors?

The TIE, Tarjeta de Identidad de Extranjero, or foreigners ID card, is the Spanish identification card foreign nationals from third countries (non-EU) who reside in Spain.

Once you have arrived in Spain with the relevant residency visa or otherwise meeting the eligibility for a residency permit that is applied for in Spain, you can begin the process to get your foreigners ID card – TIE ,’tarjeta de identidad de extranjero‘.

Applying for the TIE ‘Tarjeta de Identidad de Extranjero’ Foreigners ID Card

Before you can get your TIE you must have a valid residency visa or residency permission.  Residency visas are applied for and issued through the Spanish Consulate in your home country, and residency permits are handled by the immigration office in the province where you live in Spain.  How and where you apply depends on you situation and the type of residency you qualify for and are applying for.

Once your have your visa or residency permission granted by immigration, you apply for your TIE a National Police Station within the province where you live.  The card takes a few weeks to arrive and is collected from the police station when ready.

You can apply in person or appoint a representative or give someone Power of Attorney to apply for a residency permit on your behalf, however with the exception of the ‘Golden Visa’, residency visas have to be applied for in person.  The application for the TIE itself, also has to be made in person.  You provide your fingerprints and a photograph for your biometric ID card.  The whole process can take anything from 3 to 9 months depending on what type of residency you have applied for.

TIE – Spanish Visa & Residency Application Requirements General Info

Visa applications are applied for in person through the Spanish consulate.  Applications for residency permission can be done in person or can be submitted online.

The online submission system is works well, and the Spain’s immigration office encourages the use of this system.  To submit your application you need to have a digital certificate in place.  The digital certificate is and online ID and signature. If you don’t have one, you can authorise someone else or a company to complete the online submission on your behalf.

Official translations of documents that are not in Spanish must be provided.

Additional documents to support your application

The the consulate and immigration when reviewing applications apart from checking qualification and eligibility, may also request further information validating your arrival and situation in Spain.

When your application is received, a receipt will be issued confirming that it has been presented.  It will then be reviewed accordingly at the provincial foreigners office.  If for any reason your application is not immediately accepted and further information is requested, you have 10 working days to supply the additional information that has been asked for.  Applications are archived or rejected if additional information requested is not supplied in within the given time.

Notification of the approval of your application will usually be sent within 3 months, and you have one month to make an appointment and complete the your TIE application at the National Police Station.

You can read more about the different types of Spanish visas and residency here.

TIE Tarjeta de Indentidad de Extranjero Application – Getting Your Card

The second stage of the TIE application process is relatively straight forward, and appointments are readily available in most areas at the Foreigners Offices and National Police Stations.

For your second stage application you need to have a pre-booked appointment.

You can make an appointment through the following link:

https://sede.administracionespublicas.gob.es/pagina/index/directorio/icpplus

For your appointment you will need:

*EX application form (as with the first stage the form number varies depending on type of visa or residency you have)
*Your visa or residency permit approval notice
*Passport and a copy ( a copy of your passport and the application is acceptable if you are in the process of renewing it)
*Small (carnet size) passport  photo 32mmx28mm
*Proof of your Spanish address (padron)
*Modelo 790 form with €12 tax paid and stamped by the bank, or with payment receipt attached

When you present your application at the Police station your fingerprints will be taken electronically and if everything else is in order, you will be given confirmation of your processed application and told to make an appointment to come back and collect your card in 5 to 6 weeks.  Some Police stations operate collection without appointment, and just have allocated days or times for collection of TIE cards.

Link to all EX residency / TIE application forms: https://extranjeros.inclusion.gob.es/es/modelossolicitudes/mod_solicitudes2/

As of 1st January 2021 the United Kingdom was no longer a member of the European Union.  The transition period to negotiate future arrangements between EU and the UK ended on 31st December 2020, with a deal of sorts finally agreed at the last minute.

As of the end of the transition period, privileges enjoyed under EU freedom of movement came to an end.  British UK Nationals and their non-EU family members will be subject to all Spanish immigration rules for third-country (non-EU) nationals.

However, UK nationals and their family members who took up residency in Spain and other EU Member State before the end of the transition period in accordance with EU free movement law, will maintain their free movements rights after 31st December 2020.

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Christmas Eve marked the moment the UK finally reached a Brexit agreement with the EU, full details of which have now been published.  The so called ‘Free Trade Agreement: a new economic and social partnership with the United Kingdom’, is of most interest to UK nationals living in Spain and other EU countries, those planning to and those with other interests such as business or a holiday home.

The agreement covers not just trade in goods and services, but also a broad range of other areas such as, tax transparency, air and road transport, energy and sustainability, fisheries, data protection, and social security coordination.

Notable points for UK nationals in Spain or other EU countries in the agreement are that:

Nationals of non-EU countries require a visa to enter Spain, if the stay is intended to be more than 90 days.  The Schengen visa in most cases cannot be used to apply for residency in Spain.

There is an exception when an immediate family member is joining a family member who already lives in Spain and holds Spanish residency.   In all other circumstances a citizen of a non-EU country must apply for, and obtain a long stay visa through the Spanish Embassy in their home country.

Since UK has now left the EU, UK citizens / British nationals also have to apply for a visa if they want to live or work in Spain.

Once the visa has been issued, the applicant can travel to Spain and apply for residency and get their TIE, ‘tarjeta de identidad de extranjero‘.

The following is a summary of the main types of long stay visas that citizens of non-EU countries can apply for.