It’s more than 6 months since the UK left the EU, and there is still a lot of confusion and a lack of understanding of the requirements and costs for British Nationals to get Spanish Residency.

We covered the general requirements in our article Spanish Residency Requirements for British Citizens and UK Nationals 2021.

Here we drill down further into what the new Spanish residency requirements mean for British National mean in real terms.

Spanish Residency Requirements for British Citizens as Nationals of Third Countries

The single biggest change for UK nationals is that British citizens are now classed as citizens of third countries, and therefore subject to general immigration rules.  This means that UK nationals who wish to come and live in Spain must first obtain a long stay visa, BEFORE they can actually come to Spain and apply for residency.

Visas are obtained through the Spanish Consulate in the UK, and applications must be presented with supporting documents present, correct, legalised, certified and officially translated as necessary.

The requirements for British nationals to obtain a visa in order to get Spanish residency, adds significant effort and cost to the process, and also excludes a lot of Brits who previously made up a large section of migrants from the UK to Spain.

What Are The Visa Eligibility Requirements and Costs?

British nationals applying for Spanish residency now need to to have a lot prove that they have a lot more financial means.

The minimum income required for example for a single person for Non-Lucrative or Golden Visa, is just over €27,000 per year.  Just under €6,800 per extra per year is required for each additional dependent family member applicant.  So married couple applying together need a minimum income of €34,000 between them, and a family with 3 children €54,000.  Before Brexit a single British person applying for residency needed an income of less than €6,000 per year.

The total application costs will of course depend on the applicants circumstances and the type of visa being applied for.  We are going to use a couple, Mr and Mrs Bloggs, who are recently retired applying for a non-lucrative visa as an example.

Private Medical Insurance

This cost will of course vary.  This example assumes the couple who are both aged 67, are in good health with no pre-existing conditions.

Documentation Costs

Each applicant must obtain a police report and medical certificates.  These must then be legalised (apostille stamp attached), and then officially translated by a Spanish Government authorised (Sworn) translator.  A police reports cost £55, medical certificate £40, legalisation £30 per document (plus £5.50 postage per order), official translation £40 per page.

As Mrs Bloggs doesn’t have sufficient income to qualify for a visa in her own right, she must apply as a dependent of Mr Bloggs and provide a marriage certificate, legalised with apostille and officially translated.

Other documents that might need to be legalised or translated are those confirming income, e.g. tax returns, P60’s, pension letters, payslips, and so on.

Visa Application Fees

The non lucrative visa application fee is £516 and paid directly to the Spanish Embassy.

So to summarise, the couples visa application estimated costs (in Euros) could be as follows:

€1,900 – private medical insurance (1 year policy)
€440 – documentation costs
€1,207 – visa application fees
€3,547 – total estimated costs

Costs which are in GBP such as the visa fee, have been converted to EUR, the exchange rate at the time of writing £1 = €1.17.

Spanish Residency Card Application (TIE – Tarjeta de Identidad de Extranjeros)

Once the visa has been approved, the successful applicants can travel to Spain and apply for their Spanish residency cards.

The application is made at the National Police station in the area that they are going to be living in Spain.

Given the amount of initial financial outlay that has to be made BEFORE getting approved for residency, understanding the requirements and being prepared ready with a properly prepared application are of obvious importance. The last thing you want to do is spend thousands of pounds only for your approval to end up being long drawn out process because of a poorly prepared application .

Similarly you don’t want to commit to the expense of a visa application if you’re unlikely to get approved.  For this reason, if you are unsure whether you qualify, or don’t understand the requirements and process, its advisable to pay a firm that does, to review your situation and advise you, before you commit to the costs of a Spanish visa application.

Spanish Residency for Applicants Living in Spain Before the End of the Transition Period.

Individuals who were living in Spain before the end of the transition period and who are able to prove this, may still be able to apply for residency under the withdrawal agreement terms.

If you are thinking about applying for a residency visa or Spanish residency, and want to be sure about how your should go about this, please feel free to contact us to arrange a review of your situation.

Get In Touch

(+34) 951 77 55 44 / (+44) 033 000 10 777

The Spanish Non-Lucrative Visa offers residency to British nationals who have the financial means to support themselves without working.  The Spanish Non-Lucrative Visa scheme is therefore ideal if you are retired or have passive income, for example from a portfolio of properties or other investments.  The Spanish Non-Lucrative Visa allows full-time residency in Spain with an expectation of a minimum of 6 months residence maintained.

What does the Spanish Non-Lucrative Visa Offer UK British Nationals?

The Spanish Non-Lucrative Visa gives permission to reside in Spain for up to 5 years, providing ongoing eligibility requirements continue to be met.  The TIE, tarjeta de identidad de extranjero is the residency card that is issued.  The TIE is initially valid for 1 year, and can be renewed twice for 2 years at a time.  When 5 years of full-time residency has been completed, permanent residency can be applied for.

A Visa for Full-Time Living in Spain

The Non-Lucrative Visa is intended for people who want to live in Spain full-time.   Time spent in Spain does not count towards the Schengen limit, so travel in the rest of the Schengen area up to 3 months out of 6 months, is also still possible.

Spouse or legal partner, children under 18 years and dependent ascendants can also obtain residency in Spain under the Non-Lucrative Visa scheme.  This of course providing there are sufficient financial means to support all applicants.

Unlike the ‘Golden Visa‘, there is a minimum amount of time that must be spent in Spain to be able to renew residency, so it may be not ideal for holiday home owners who want to spend more than 3 months in one go in Spain, but typically spend less than 6 months altogether, e.g. 5 months over the winter.

How does a British UK National Apply for a Non-Lucrative Visa & Residency?

British nationals who wish to get a Non-Lucrative Visa, must apply for it at the Spanish Consulate in the UK, or if they reside in another country, through the consulate of that country.  Once the visa has been approved, it’s valid for 90 days from the date of issue.  During this time the holder must travel to Spain and apply for their residency card or TIE tarjeta de identidad de extranjero.  The application for the TIE, must be made within 30 days of arrival in Spain.

Applications for the Non-Lucrative Visa cannot be presented by a legal representative and must be applied for in person.  There is an application fee of £516.

Summary of Non-Lucrative Visa General Requirements

The Non-Lucrative visa applicant must:

● Have a valid passport with at least 1 year before expiry
● Not have entered or stayed illegally in Spanish territory
● Not have been refused entry in any of the 26 Schengen countries
● Have sufficient financial means to cover personal and family living costs (€27,000 for the applicant plus €7,000 for each dependent family member)
● Be 18 years or over, with no criminal record in Spain nor in the countries where they have resided in the previous 5 years
● Have access to public healthcare, or private health insurance with an insurer authorised to operate in Spain

You can read more about the costs and requirements in our article Understanding the Requirements and Costs for British Nationals to Get Spanish Residency

FAQS About the Non-Lucrative Visa for Spanish Residency for British Nationals

CAN INCOME FROM MY BUSINESS OR SELF-EMPLOYED REMOTE WORK BE USED

No, the non-lucrative residency visa does not allow the holder to carry on any business activity whilst in Spain

CAN SAVINGS BE USED INSTEAD OF INCOME?

Savings may be taken into account in lieu of income, or to ‘top up’ a shortfall in the minimum required amount.  Savings must be sufficient to cover the minimum income requirement for the duration of the residency.  E.g. for 5 years residency with savings only requires savings of 5 times €27,000.

WHAT ABOUT TAX RESIDENCE?

Non-lucrative residency is intended for people that want to live in Spain for 6 months or more.  If the minimum amount of time has not been spent in Spain, the residency renewal may be turned down.  The 183 day rule is the starting measure for determining tax residency.  You are deemed to be a Spanish tax resident if you spend 183 days or more in Spain during any one calendar year.  You would also be deemed to have change your country of habitual residence, and therefore fiscal residence if for example you spent 180 days in Spain, 120 in the UK and the other 65 in another, or other countries.

DOES THE NON-LUCRATIVE VISA OFFER PERMANENT RESIDENCY?

Non-lucrative residency can lead to permanent residency in Spain.  To obtain permanent residency the holder of the visa must prove effective residence (more than 183 days per year) throughout a qualifying period of 5 years.

HOW LONG DOES IT TAKE TO GET A NON-LUCRATIVE VISA AND TIE?

The Spanish Consulates in the UK give a timescale of 3 months.  Having assisted with multiple non-lucrative visa applications through all the Consulates, we have found they typically take 2 to 3 weeks from date of submission to be approved.  If applications have queries raised or additional information requested, then they will of course take longer.

If you need more information or advice about getting a Non-Lucrative Visa for residency in Spain, or would like to employ the services of a professional company that specialises in Spanish residency visas, we’ll be glad to assist.  Please get in touch.

Get A Free Spanish Residency Visa Assessment

Phone/WhatsApp (+34) 951 77 55 44 / (+44) 033 000 10 777

We first published this article in February last year.  At that time Brexit had finally just ‘been done’, and the transition period begun.  Through 2019 and 2020 unprecedented numbers of British nationals formally registered as resident in Spain to secure their residency rights under the Withdrawal Agreement.  The numbers of residency applications spiked in the last months of 2020.  Immigration reported receiving many thousands of last minute applications in December alone.

This year we’ve been receiving a lot of queries this year relating to Spanish residency and tax in Spain.  For many it seems, the main priority was getting residency with the consideration of tax, put to one side on in some cases completely overlooked.

So we’ve refreshed and republished this article, and it will hopefully provide answers to most general questions that you may have about tax in Spain, if you’ve recently taken up residency in Spain.

Understanding and planning fiscal residency and Spanish tax is of course important.  Tax in Spain is very different to the UK, and its important to understand and plan this part of the transition to full-time Spanish residency.

Here we provide an overview of the tax related requirements and key points that most need to consider when becoming resident in Spain.

Tax related requirements once you’ve taken up residency in Spain

There are lots of things to consider when taking up residency in Spain, and where tax is concerned, the starting point is understanding all the differences Spanish resident status brings with it.

You are generally liable to pay taxes in the country in which you reside.  This means that once you have taken up residency in Spain, you will be subject to Spanish taxation.  The obligation to pay taxes in Spain arises when you meet the residency measure based on the 183 day rule.  This responsibility applies regardless of whether you have registered as a resident or not.

When do you become resident for tax purposes in Spain?

Tax obligations arise for the fiscal year in which you become resident in Spain, not from the date your became resident.  New residents in Spain need to be mindful that the Spanish tax authorities apply the default assumption that an individual who has obtained residency, (formally registered as a resident), in Spain, has done so because they are switching their habitual residence from the country that they were living in, to Spain.

Depending on your circumstances, this means that you could be deemed to be fiscally resident in Spain despite not having lived in Spain for 183 days of the year.  For example if in September 2020 you sold your home in the UK, bought a home in Spain, moved over and obtained residency, under the habitual residence rule you will be deemed to be Spanish tax resident in 2020.  This is because the fact that you now only have a home in Spain overrides the 183 day rule.  You cannot claim habitual residence in the UK in 2020 as you no longer have a permanent home there.

On the other hand, if you moved to Spain and obtained residency, however have kept a permanent home in the UK, you could claim that your habitual residence did not change in 2020, applying the 183 day rule, as you spent more time in your home in the UK than you did your home in Spain.  If in 2021 you spend more than 183 days at your home in Spain, then you will become resident for tax purposes in 2021.

What do you need to do after becoming a Spanish resident?

Individual circumstances are of course all different.  It’s therefore important to know the key things that apply and need to be done in your own personal situation.

Generally speaking, when you change residence from one country to another, in most cases there is, or should be an element of financial and tax planning.

Basic planning begins with knowing the taxes that will apply, the returns that need to be done, and when.   Then it’s a case of getting a clear picture of how these will apply in your situation, and the implications so you can plan accordingly.

The following is a summary of the Spanish key tax dates and when they apply according to when you became resident.

Spanish Tax Return Deadlines

Non resident property tax Modelo 210 – 31^st December following year (e.g. 2020 must be submitted by end of 2021)

Overseas assets declaration Modelo 720 – 31^st March the year after becoming resident

Income tax return Modelo 100 – 30^th June the year after becoming resident

Tax Return and Declarations Guide for Change of Residency 2019 and 2020

New Residents 2019

If you took up residency and became resident for tax purposes in Spain in 2019, assuming that you were in receipt of income, you should have completed a personal tax return in June 2020.  If you owned assets outside of Spain, of value €50k or more, should also have submitted an overseas assets declaration (Modelo 720) in March 2020,.

Anyone who took up residency in the second half of 2019 who can claim that their habitual residence did not change, assuming they spent 183 days of more in Spain in 2020, then 2020 was their first fiscal year in Spain.  If they were an owner of a property owner in Spain 2019, a non resident property tax return should have been completed before the end of December 2020.  If applicable, the Modelo 720 should have been done in March 2021.

New Residents 2020

Anyone who moved to Spain in the first half of 2020, will be deemed tax resident in Spain for 2020.  If they owned a property in Spain in 2019 then they should have completed their last non resident property tax return in 2020.  The Overseas Assets declaration, Modelo 720, was due by the end of March 2021 and income tax returns by end of June 2021.

If you took up residency in the second half of 2020, and are able to show that your habitual residence didn’t change based on the 183 day rule, then this year, 2021, is your first fiscal year in Spain.  Where applicable, you will need to complete a non resident property tax return for 2020 before the end of this year.  The Overseas Assets Declaration can be completed this year if applicable, however it’s due by March 31st 2022, and income tax returns are due by 30th June 2022.

Anyone in this scenario, should be taking advantage of the fact that there is still time to plan for, and fully understand their tax position as a Spanish resident.

What are the differences between UK taxation and tax in Spain?

Tax in Spain has a general reputation of being excessive compared to the UK.  This is not surprising if for example you compare income tax.  The basic income tax allowance in Spain is €5,550 vs £12,500 in the UK, and the tax rate rises to 30% as soon as your taxable income reaches €20,200.  These are clearly negative differences.

There are however also many positive differences.  For example, in a family with 4 children, the parents get an addition €19,100 tax allowance between them  Rental income from a residential property also has a substantial 60% reduction applied before it is taxed, and the top rate of tax on dividends in Spain is 23% versus 38.1% in the UK.

We aren’t going to list every difference in this article, and the above examples illustrate that the differences aren’t necessarily all negative.  How it works out for each individual taking up residency in Spain, depends on their situation and how they plan and prepare for their transition to being a Spanish tax payer.

Planning for tax in Spain before taking up residency

Contrary to perception Spanish taxation is often not as bad as many thought, or were lead to believe that it would be.  The reality is that if you become resident in Spain, you are liable to pay tax in Spain.

Rather than avoid the matter as many do, anyone who’s just moved over, taken residency this year or is planning to, should be considering the fiscal aspects of their transition and getting ready for Spanish taxation.

By taking time to plan, it is possible to minimise potential Spanish tax exposure, limit it, or at very least fully understand it.

We recommend anyone moving to Spain to follow these 5 steps:

Simple Steps to Successfully becoming a Spanish Tax Resident

• Learn about the tax system – what needs to be done and when
• Understand how the Spanish tax regime differs in your situation and what tax you will have to pay
• Find out what tax treatment applies to assets you own and tax breaks that you currently enjoy
• Make changes in your financial set up to minimise, limit or avoid Spanish tax
• Get professional advice on financial or tax matters in both the UK and Spain

Spanish Residency Financial & Tax Consultation

If you are not sure about your tax position, have questions about tax in Spain, or would like assistance with any of the steps above, we can provide you with an initial review of your situation and at no cost.  We’ll highlight key tax points relating to tax, your situation and answer your general questions.

You may need further help understanding how tax in Spain affects you, or planning to limit how much it does.  In which case our team of financial and tax consultants specialised in change of residency planning between UK and Spain, are here to help.

Request Your Spanish Tax Consultation

Phone/WhatsApp (+34) 951 77 55 44 / (+44) 033 000 10 777

Read more about Tax in Spain

Read more about Overseas Assets Declaration in Spain

This information is provided for informational purposes only and we do not warrant it’s accuracy or completeness.  It is not intended to provide advice, and should not be relied on for, tax, legal or accounting advice. You should consult your own tax, legal and accounting advisors before making financial or tax related decisions.

The Spanish Property Investor ‘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 main nationalities benefiting have been Chinese, Russian and US.  However now that the UK is no longer in the EU, Spain can expect to receive, if it’s not doing so already, significant numbers of Golden Visa applications from British Nationals who wish to enjoy their holiday residence, without the 90 day Schengen limitation.

What does the Spanish Property Investor Golden Visa Offer UK British Nationals?

The Spanish Property Golden Visa is valid for 1 year.  During this time the holder of the visa can apply for permission to reside in Spain and get a residency card, better known as a TIE, tarjeta de identidad de extranjero .  Golden Visa residency permission is initially granted for 2 years and is renewable indefinitely providing the minimum level of investment and other eligibility requirements are maintained.

A Visa for Residence, Work, Travel & Part Time Living in Spain

Golden Visa Residency allows holder and their family to remain in Spain for an unlimited period of time.   Time spent in Spain does not count towards the Schengen limit, so travel in the rest of the Schengen area up to 3 months out of 6 months, is also still possible.

Spouse or legal partner, children under 18 years and dependent ascendants can also obtain residency under the Golden Visa scheme.  So the entire family can benefit. The investor and family members can also work or run a business in Spain if they so wish.

Unlike the Non-Lucrative and other types of residency, there is no minimum amount of time that must be spent in Spain to keep residency.  This makes the Golden Visa ideal for British ‘swallows’, owners of second homes, who want to spend the winter months in Spain, typically around a couple of months at the end of the year, and 3 months at the beginning of the year before the summer.

How does a British UK National Apply for a Property Investor Golden Visa?

The Golden Visa holder is not required to travel to Spain to apply for the visa, and the visa is the only one where the application can be made by a representative.  The application can be made via the Spanish Consulate in the UK, in which case a visa is issued, or if the applicant is already in Spain, the residency permission can be applied for directly through the Ministry for Work and Social Economy.  Once residency permission is granted the investor has to travel to apply in person for the TIE, so for this stage in the process you have to be in Spain.

You must be legally present in Spain to apply directly for residency permission under the Golden Visa Scheme, (without the need to first obtain a visa).  If you are able to apply directly for residency, you do not need to apply for a visa via the Spanish Consulate.

Summary of Property Investor Golden Visa General Requirements

The applicant must:

• Have a valid passport with at least 1 year before expiry
• Not have entered or stayed illegally in Spanish territory
• Not have been refused entry in any of the 26 Schengen countries
• Have sufficient financial means to cover personal and family living costs (€27,000 for the applicant plus €7,000 for each family member)
• Be 18 years or over, with no criminal record in Spain nor in the countries where they have resided in the previous 5 years
• Have public or private health insurance with an insurer authorised to operate in Spain
• Have purchased property in Spain (after September 2013) amounting to an overall net investment of €500,000 or more
• Provide certificate from the land registry to prove the investment.

FAQS About the Property Investor Golden Visa

CAN THE INVESTMENT BE MADE USING A COMPANY

Yes, the investment can be made through a company or other legal entity provided:

i) The company or legal entity is not located in a tax haven.

ii) The applicant has the majority of the voting rights in the company and is fit enough to appoint and dismiss the majority of the company directors.

ARE THEIR RESTRICTIONS ON THE USE OF THE PROPERTY?

There is no restriction to the use of the property by the investor.  They can live in it or rent it out.  Commercial property is also a qualifying investment under the Property Investor Golden Visa Scheme.  If the property is sold, then the investor and any beneficiary family members lose the right of residence.

WHAT ABOUT TAX RESIDENCE?

As the investor is not required to stay a minimum time in Spain, tax domicile is not affected unless they make Spain their country of habitual residence, i.e. the country in which they spend the majority of their time.  The starting measure for this is the 183 day rule.  You are deemed to be a Spanish tax resident if you spend 183 days or more in Spain during any one calendar year.  Spain would also be deemed to be your country of fiscal residence if for example you spent 180 days in Spain, 120 in the UK and the other 65 in another or other countries.

DOES THE GOLDEN VISA OFFER PERMANENT RESIDENCY?

Golden Visa residency can lead to permanent residency in Spain, independent from the investment.  To obtain permanent residency the holder of the visa must prove effective residence (more than 183 days per year) throughout a qualifying period of 5 years.

HOW LONG DOES IT TAKE TO GET A GOLDEN VISA AND OR RESIDENCY PERMISSION?

The Golden Visa applications processed by the Consulate is granted within 10 days of submission. The residency permission applications are processed electronically and granted within a maximum time limit of 20 days from submission.

If you need more information or advice about getting Golden Visa residency in Spain, or would like to employ the services of a professional company that specialises in Spanish residency visa, we’ll be glad to assist, so please get in touch.

Get A Free Spanish Residency Visa Assessment

Phone/WhatsApp (+34) 951 77 55 44 / (+44) 033 000 10 777

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 only apply for the Withdrawal Agreement TIE in two circumstances:

a) you are a qualifying family member of a British UK national who has either the green EU residency certificate, or the Withdrawal Agreement TIE.

b) you were living in Spain last year and can prove this

A qualifying family member may be a spouse, civil partner, child or other legal dependent.

We can assist with applications for the Withdrawal Agreement TIE in both cases.  If you are able to provide the necessary documents, (see below), and would like help with your application please get in touch.

The process below is the procedure for applying for the Withdrawal Agreement TIE.  British UK Nationals could apply under the terms of the Withdrawal Agreement up until the 31st December.  Thereafter the Withdrawal Agreement TIE is only available to  and immediate family members of those that already have Spanish residency.

The Withdrawal Agreement TIE ‘tarjeta de idenitidad de extranjeros’ for British UK Nationals

Applying for the Withdrawal Agreement TIE for British UK Nationals

There are two stages in the process.  In the first stage an application is presented to the Foreigners Office (extranjeria) in the province where you reside.  The second stage is completed at the National Police Station in the area that you live.

The initial application can be presented in person or by an authorised representative, and can be done face to face at the Foreigners Office, or submitted online.

In most places, you have to call the foreign office to make an appointment to present your application.

The online submission system is working well, and the Foreign Office are encouraging the use of this system.  To submit you application you need to have a digital signature and certificate in place.  If you don’t have one, you can authorise someone else or a company to complete the online submission on your behalf.

This is done using the ‘Designacion de Represenante‘ form.

First Stage TIE Application & Documentation Required

The wide variances that exists from one town to the next regarding documents for EU residency certificate applications, does not apply to TIE applications, as all applications are processed at the provincial head office not at the Police Station closest to where you live.  This makes it a lot easier to assess and prepare applications, and provides a lot more consistency.

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

Documents to prove that you were living in Spain prior to 31st  December 2020

If you are applying for the Withdrawal Agreement TIE retrospectively, you will need to provide sufficient proof that your were actively living and present in Spain prior to 31st December 2021.  The list below provides some examples.  The more you can provide, the higher chance you have of your application being accepted.

*receipts of transactions with establishments in Spain
*bank or credit card statements showing transactions in Spain
*proof of medical consultations, dentist or doctors appointments
*vet appointments in Spain
*contracts of any nature entered into in Spain
*receipts for supplies (electricity, water, gas, internet…)
*receipts for fixed or mobile telephones at your address in Spain
*documents from public or private entities that demonstrate having received a service in Spain
*plane ticket/boarding card from entering Spain showing arrival in Spain
*entry stamp in Spain on passport
*certificates with public or private entities stating a relationship with them in Spain (clubs, associations, training centres, gym…)
*income tax returns in Spain
*tenancy agreement
*shopping receipts with name and address
*proof of owning a car, ITV receipts, mechanic bills etc

When your application is received, a receipt will be issued confirming that it has been presented.  It will then be reviewed accordingly at the foreigners office.  If for any reason your application is not immediately accepted, 10 business days will be given to supply any additional information that may have been asked for to continue with the application.  An application that is deemed not to meet criteria will be rejected.

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

Second Stage TIE Application

The second stage 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:

Proceso automático para la solicitud de cita previa

For your appointment you will need:

*EX23 application form
*Your first stage approval notice / existing EU residency Card and a copy
*Passport and a copy ( a copy of your passport and the application is acceptable if you are in the process of renewing it)
*Small passport (carnet size) photo 32mmx28mm
*Recent padron
*Modelo 790 form with €12 tax paid and stamped by the bank, or with payment receipt attached

When you present your application your fingerprints will be taken, and if everything else is in order, you will be given confirmation of your processed application and told to make an appointment to go back and collect your card.  The card will usually be ready in around 5 or 6 weeks.

Your first TIE is valid for 5 years.  At the 5 year expiry of your TIE you can apply for a 10 year permanent residency TIE

Need a Hand Applying for Your TIE?

Withdrawal Agreement TIE Late Application Service Request

Call / WhatsApp

(+34) 951 77 55 44 / (+44) 033 0001 0777

If you’re not a Spanish citizen and want to live in Spain, you have to obtain Spanish residency.  The process that you have to follow to get Spanish residency depends on your nationality, whether you are from an EU country, and if not, what you plan to do whilst you are a Spanish resident.

Nationals of member states of the European Union and Switzerland, as well as other countries party to the agreement on the European Economic Area, have an unconditional right to reside in Spain.  Nationals of countries aside from these, are able to gain residency based on achieving other qualifying conditions.

For someone planning to live long term in Spain, temporary Spanish residency is the first step towards getting permanent resident status, which can be applied for after 5 years. Thereafter if someone so wishes, they can apply for Spanish citizenship after completing 10 years of permanent residency in Spain.

Spanish Residency for Citizens of EU Countries

Whilst all nationals of other EU countries and their dependant family members are free to live and work in Spain, since 2007, there has been a requirement that all EU citizens coming to live in Spain for more than 3 months register as Spanish residents and get a Spanish Residency Certificate.  This has to be done in person at the Foreigners Office, ‘Oficina de Extranjeros’ in their province of residence, or at designated National Police stations.  On registering, a credit card sized green residency certificate is issued.  The full name for this is, certificado de registro de ciudadano de la unión, however it is commonly referred to as  certificado de residencia‘, or simply ‘residencia‘.  It has name, address, nationality, NIE number (Número de Identificación Extranjero) on it, and the date of registration as a Spanish resident.

EU nationals taking up residency in Spain, can apply for their Spanish residency certificate ‘certificado de residencia‘ any time after arriving in Spain, and should do so within 3 months of their arrival.  Your can read more about the process for applying for residency as an EU citizen in our article Spanish Residency Certificate for EU Citizens.

As the UK has now left the EU, British UK nationals no longer apply for a Spanish residency certificate, and now apply as non-EU national citizens of third countries.

The Brexit transition period ended 31st December 2020. This means there are now new Spanish residency requirements for British citizens / UK nationals effective from January 1st 2021.

British citizens / UK nationals now have to follow the same process as other non-EU national citizens of third countries to get Spanish residency.

Since July 2020, British citizens / UK nationals taking up residency in Spain, have had to partially follow the non-EU process, as Spain introduced the ‘Withdrawal Agreement’ TIE ‘tarjeta de identidad de extranjeros‘. The TIE is the foreigners ID card which all non-EU nationals have to obtain when they reside in Spain. During the transition period, and thereafter for those who already have a Spanish residency certificate, a special ‘withdrawal agreement’ card is issued. This ‘Withdrawal Agreement’ TIE card confirms the holders protected rights as a former EU citizen according to the terms of the Withdrawal Agreement.

The process for obtaining the ‘Withdrawal Agreement’ TIE ‘tarjeta de identidad de extranjeros‘ was the same as for other non-EU nationals. however the qualifying criteria remained the same as for the Spanish residency certificate for EU citizens.

The United Kingdom left the European Union on 31 January 2020.  The transition period that to negotiate future arrangements between EU and the UK ends on 31st December 2020, with a deal finally agreed at the last minute.

As of the end of the transition period, privileges enjoyed under EU freedom of movement come 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.

As British Nationals will no longer be exempt from travel restrictions, new regulation will come into force on 1st January including the requirement to obtain Visa’s and possible travel bans.

The website for the Spanish Consulate in London notes:

‘In compliance with EU Regulation 2018/1806 of the European Parliament and of the Council of 14 November 2018 British passport holders travelling to Schengen countries for holidays, business or to visit family do not require a visa for stays of up to 90 days in a 180 day-period, provided the visit is not for gainful activity. Please note that the 90 days will start counting from the date they enter any of the Schengen countries, including Spain.

British citizens and their family member need Visas for journeys undertaken after 31st December 2020 for the purposes of residence, studies for period larger than 90 days, work, professional, artistic or religious activities.’

Most nationals of non-EU countries require visa to enter Spain, including if the stay is intended to be less than 90 days for tourist purposes.  (A tourist visa known as a Schengen visa, valid for all of the countries in the Schengen area, is issued by the Spanish Embassy in the applicant’s home country, or the embassy of the Schengen country in which a traveller will arrive).

The deal for UK Nationals, is the same as the deal enjoyed by citizens of around 35 other non-EU countries where a Schengen visa is not required to just to enter Spain.

The holder of a Schengen visa is not permitted to work or to stay longer than 90 days in the entire Schengen area, not just Spain. The same applies to nationals of non-EU countries that are exempt from needing a Schengen visa.  So, if the intention is to stay more than 90 days, a long stay visa will be required.

The Spanish Consulate has also published a list of long stay visa fees that will be applicable for British Nationals from January 1st.

Visa Fee List British Citizens

In their FAQ’s they also detail what you need to do if you are a UK citizen who wants to move to Spain and need to get a residence visa.

Read more about Spanish Residency for non-EU citizens and Spanish Residency Long Stay Visas

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.

Non-lucrative residence visa

The non lucrative residence visa is for those who have means to support themselves without working whilst residing in Spain.

Residents with this visa, cannot engage in any economic activity in Spain, and to obtain the visa must have private medical insurance and prove that they have either sufficient capital to fund the duration of their residency, or adequate secure income, e.g. pension.

Work Visas

There are numerous different types of Spanish Work Visas. In most cases the applicant is required to apply in person through the Spanish embassy or consulate in their home country.  Some countries have special schemes, for example for Canada, the Youth Mobility Program.

Employment Visa

Highly skilled non-EU nationals can apply for jobs for which there is a lack of suitable candidates within the EU. The employer requests a Work Visa from the Ministry of Labour.

These applications can take  6 to 9 months to so forward planning is needed. Once the Ministry of Labour has approved the application, the embassy or consulate issue the work visa.  The applicant can then travel to Spain and apply for their Spanish residency card.

Seasonal Workers Visa

The process of obtaining a visa for seasonal work, is similar to the process for highly-skilled workers, the employer applies on behalf of the worker.

Seasonal workers have to have suitable accommodation arranged, all travel costs are covered, and proof that they will return to their country once the job has finished, as the visas is only valid for the duration of the seasonal work contract.

Self-employed & Freelance Workers Visa

This is a one year visa which is renewable if conditions continue to be met.

A business plan is required to demonstrate that the self-employment / freelance activity will generate sufficient income.  This has to be supported by evidence, e.g. pre-signed contacts, or proof of an existing business activity that will continue, e.g. online marketing or teaching online.

EU Blue Card

The EU Blue Card is Europe’s answer to the US Green Card.  It is for people who spent at least 3 years completing a higher education qualification which allows them to work as a skilled professional.  People who have a minimum of 5 years’ professional experience at a high level are also eligible.

The prospective employer submits an initial application for a temporary residency and work permit on the behalf of the employee.

A valid work contract under the scheme, is one that includes a salary which is at least 50% more than the average wage in Spain (or 20% more if the skills are in demand).  Once approved, the applicant then applies through the Spanish embassy or consulate in their home country for a residence and work permit as an employee.  When they arrive in Spain they then apply for their TIE. Spanish residents foreigners ID card.

Blue cards are valid for one year and can be renewed if conditions are still met.

Au Pairs Visas

Individuals aged between 17 and 30 can apply for a special Au Pairs visa via the Spanish embassy or consulate in their home country before coming to Spain.  Applicants need to have an Au Pair agreement with a host family stating the salary and conditions, (proof of sufficient finances to self-support), and private medical insurance.

Entrepreneur Visa

Those with a high-tech, high-growth business idea and the qualifications to pull it off can apply for an entrepreneur visa.  The business plan has to be approved by the Ministry of Economy and Competitiveness and the applicant must have the financial means to start the business.  If you are in Spain already (legally – including on a tourist visa) you can apply, or through the usual route of the Spanish embassy in your home country.

The entrepreneur visa is a temporary work residency, valid for two years and renewable.

Investment Visa

The Spanish Residence Permit Program, more commonly know as the Golden Visa, allows investors and their families who meet the requirements to secure Spanish residency by investing in Spain.

Any of the following are the defined qualifying investments:

*€500.000 or more into real estate
*€1,000,000 bank depositor or purchase of share in a Spanish company
*€2,000,000 into Spanish Government bonds

In addition, starting a business that creates employment, contributes to technological or scientific innovation or that has a strong socio economic impact will also qualify the investor

The ‘Golden Visa’ doesn’t impose a minimum period of residence. An initial residency card is granted for one year (or two years if you visit Spain), and can then be renewed every five years, and then again for another five years. Permanent residency can be applied for after you’ve actually lived in the country for a period of five years. Please note that applicants will be required to visit Spain to collect their biometric data.

While it is not necessary to live in Spain in order to obtain and renew the residency visa permit, the pathway to citizenship does require the investor or qualified family members to live at least 6 months per year in Spain for ten consecutive years. Investors must also travel to Spain twice a year, leaving no more than 5.5.-6 months between each visit. This will then allow eligible investors and/or their families to apply for Spanish citizenship. Some nationalities, including former Spanish colonies, can benefit from a reduced length of full-time residency in order to be able to apply for nationality.

Pre-requisites for the investor visa applicants must:

*have a clear criminal record.
*not be on the nation’s list of undesirable people.
*hold valid medical insurance and an official health certificate
*not have previously been refused visas or entry into the Schengen zone.
*have enough funds to support themselves in Spain.

Student visa

As the name suggest, this visa allow Spanish residency for those coming to study in Spain.  You can apply for the student visa for undergraduate courses, Masters, Ph.D. and other short term qualifying studies.

The student visa is valid for one year and renewable.  It also allows work for up to 20 hours per week on an internship, gives easy access to getting a work permit once your studies have finished.  Student visas also allow the students family members to get Spanish residency subject to the conditions of financial means being met.

Canada Youth Mobility Program

The Youth Mobility Program offers Canadians aged between 18 and 35 the opportunity to live and work in Spain.  There is a limited quota of 1,000 per year, and successful applicant get the opportunity to gain work experience related to their area of expertise, complement their post-secondary training with an internship, and improve their knowledge of the Spanish language, culture and society.
Eligible applicants must first get an NIE, and unlike most other visas, the application doesn’t need to be made in person at the Spanish Embassy and can be made by post.

We wrote an article recently detailing that many British nationals living in Spain and other EU countries, have received letters from their UK banks telling them that their accounts will be closed at the end of 2020.  This due to no Brexit trade deal having been agreed.  

That article explained the impact of no Brexit trade deal on financial services providers in the UK.  After 31st December 2020, these service providers will not legally be able to carry on providing services to their expat clients who reside in Spain or other EU countries.

The Brexit transition period ends at the end of the year, and with it the financial services licence EU ‘passporting’ rights which allow UK firms to provide financial services in EU countries. 

As a result many providers, including Financial Advisers, are withdrawing their services as advisers where their client is a UK national living in the EU.  It is only a small minority of financial service providers that have taken the necessary steps to establish themselves in the EU so they can continue providing their services. 

It is therefore quite likely that from 2021, most expats living in Spain or other EU countries will not be able to receive advice or services from their UK Financial Adviser.  Clients and advisers alike who are affected by this, should be acting now to make alternative financial arrangements. 

UK Financial Advisers and Advice in the EU After the Transition Period

The UK is unlikely to get any special access to the EU over and above any other third country.  That was a benefit of being in the EU.

Any UK IFA firm that wishes to carry on business with clients in an EU country such as Spain, will need to be authorised by the regulator of that country to be able to do so.

The options an adviser may have are to:

• Get approved to advise in the EU country in which they have clients
• Partner up with a firm that is already established in the EU
• ‘Sell’ their EU based client to an EU firm of advisers

Getting a financial services licence, is not a quick or straight forward process, and it’s not cheap either, so this will not be viable for most UK financial advisers.  This means that many Brits living in Spain and other EU countries who currently have UK financial advisers, will need to find new one.

Brits In Spain With UK Financial Advisers

If you live in Spain and have a UK Financial Adviser, there is a good chance that they are not going to be able to legally carry on as your adviser next year.  If they have told you they can, you should ask them to provide you with confirmation of the EU permission that they have obtained.

We have heard of UK advisers that have told their clients that they just need to just use the UK address of a friend or family.  The issue cannot be fixed by pretending you live in the UK.  If your adviser is not licenced to advise in Spain their Professional Indemnity Insurance will not cover their advice or services.  The UK regulator and their insurance provider would certainly take action, if they became aware of advisers doing this.

If you are affected by this or think you may be, and haven’t already spoken to your UK financial adviser you should do so.  If you’re not sure what to do or need to find adviser in Spain, we can recommend firms and advisers who are licenced to advise in the UK, Spain and other EU countries.

Please feel free to get in touch and ask to speak to one of our Financial Services Advisers.

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