Spanish Residency Long Stay Visas for Nationals of non-EU countries
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.
Can I keep my ISA’s when I move to Spain?
ISA’s are very tax efficient ways to save or invest, as you pay no tax on savings interest, (not that you get any these days), and virtually no tax on investment returns. They are therefore usually the first type of saving or investment account that people will have. For this reason, and the fact that there is a generous annual allowance to save into them, you like many other may have built up sizeable amounts in ISA’s.
You may also have reached, or be approaching retirement, and relying on this tax efficient ISA nest egg, to provide extra income to supplement your pension. For some, an ISA may even be their ‘pension’.
ISA’s and moving to Spain
So if you’re moving, or have moved to Spain, can you keep your ISA? The short answer is yes. According to gov.uk:
If you open an Individual Savings Account (ISA) in the UK and then move abroad, you can’t put money into it after the tax year that you move (unless you’re a Crown employee working overseas or their spouse or civil partner).
You must tell your ISA provider as soon as you stop being a UK resident.
However, you can keep your ISA open and you’ll still get UK tax relief on money and investments held in it.
You can pay into your ISA again if you return and become a UK resident
Great – you can keep your ISA, and continue to benefit from it’s tax efficiency! Well not exactly. When you move from the UK to Spain, you also move from the UK tax system to Spain’s tax system. So you will continue to get UK tax relief, however your ISA will (or should), get Spanish tax treatment.
NIE
The NIE (Número de Identificación de Extranjero), meaning – Foreigners Identification Number, is the identification number issued to people who are not a Spanish nationals.
The National Police, (Cuerpo Nacional de Policia), handle the issue of NIE’s, and any one planning to carry out a transaction in Spain, e.g. buying a car, holiday home, or various other interests, needs to have one.
The NIE identifies you whenever you do something official, or which involves the authorities. For example paying taxes, buying a property; signing a document at Notary; starting a business; or becoming a director of a Spanish company.
The NIE is not a fiscal (tax) residency identification – you can have a NIE and be fiscal resident in another country, however it is used to link payments to you that may be due, including tax amongst others. Both EU citizens and non-EU citizens are issued with NIE’s, and if you become resident, you keep the same NIE when you apply for your residence certificate or card.
Exchanging Your Spanish Residency Certificate for the TIE for British UK Nationals
The TIE, Tarjeta de Indentidad de Extranjero, is the Spanish identification card for citizens from third countries (non-EU) who reside in Spain. Since July 2020 British UK nationals moving to Spain have also had to apply for this card, as the UK is no longer in the EU.
If you already have a Spanish residency certificate, you do not have to apply for the TIE, but you can voluntarily exchange your certificate for the card.
Both the Spanish and UK Government websites and their Consulate pages confirm that the green residency certificate, A4 and credit card sized, remain valid for UK nationals and prove the holders residency and retained rights under the withdrawal agreement, having settled in Spain before the UK left the EU. However considering the issues some have encountered during the recent Covid19 travel restrictions, e.g. multiple incidences of authorities and airlines not understanding the rules and denying certificate holders entry to Spain, it is advisable to get the TIE.
Aside from this the card is a full bio-metric national ID card, therefore so much more useful than the paper certificate. The card also has the words ARTICULO 50 TUE, a reference to note that the holder was resident in Spain before the end of the transition period and has retained rights.