Spanish Residency After Brexit for UK Citizens

Post-Brexit Spanish Residency

Britain has left the European Union and is in a transitional stage planned to last until December 31, 2020. This change in Britain's relationship with the EU affects the immigration and residence status of British nationals after the end of the transitional period. Many British citizens have made Spain their home, either temporarily or permanently. The exact numbers are not known but are estimated to be between 300,000 and 1 million. There are also many British citizens contemplating a move to Spain in the future. Due to the changed status between the UK and Spain, it is important for all concerned British nationals to become familiar with Spanish residence procedures to prepare for a post-Brexit future.​

Residency in Spain After Brexit: Transitional Period

Until December 31, 2020, there was no change in the right to live, study, and work in Spain for British nationals. They were treated as de facto EU citizens until the end of the transitional period. However, this was a good time to apply for a temporary or permanent Spanish residence permit, rather than leaving it to the end of the year. Residence permit applications take time to process, so starting early reduces stress.​

It was also important to comply with the Spanish government's requirement to register as a resident of your local area. This is not a new requirement; every Spanish citizen, as well as other EU, EEA, and Swiss citizens, need to register at the Padron office at their local town hall (ayuntamiento) and receive a "certificado de empadronamiento." This registration is not directly related to residency but is a register of who is living in the community. You will need it when applying for your "residencia," or Spanish residence certificate.​

In addition to the certificado de empadronamiento, you should obtain a "certificado de registro como residente comunitario" if you have been living in Spain for more than three months. With this certificate, you will also get a personal foreign identification number (número de identidad de extranjero, or NIE). The NIE is a unique identification number printed on the certificate, used for Spanish tax, financial transactions, etc. Possession of the certificate gives you legal residence status in Spain during the transitional period and will make it easier if the UK and Spain reach a mutual agreement on each other's citizens' residence rights after December 31, 2020.​

You should apply for your residence certificate at the nearest Foreign Citizens' Office (Oficina de Extranjería) or police station (comisaría). The application process is relatively simple, but you will need documentation, translated into Spanish, to show you have health insurance and enough income or assets to maintain yourself while in Spain. The full list of documents and translation requirements is provided below.​

Residency in Spain After Brexit: Post-Transitional Period

Negotiations between the UK and individual EU governments, especially those like Spain with many British nationals, may result in individual agreements specifying arrangements for travel, residence, study, and work. Spain has a strong economic incentive to make it easier for British residents to stay as they do now. It has been indicated that as long as Britain gives reciprocal rights to Spanish citizens resident in Britain, then any British residents in Spain already in possession of a residence certificate should be able to retain their rights after the end of the transitional period. However, this is not certain, and there is an added complication regarding the status of Gibraltar and the rights of access between residents of Gibraltar and adjoining Spain.​

Considering the uncertainty, it is advisable for British residents living in Spain to ensure they have their residence certificate under the present arrangement and apply for a Spanish residence visa, such as a non-lucrative residence visa (visado no lucrativo). Spanish residence visas are temporary or permanent, depending on how long the holder wishes to live in the country. If issues arise after the end of the year, Brits without a temporary or permanent residence visa may find they have to apply from Britain.​

Changes After the Transitional Period for Non-Resident British Citizens: Short Stays

Currently, it is assumed that British citizens who are not resident in Spain or who did not obtain residence certificates or visas before the end of the transition period will be treated the same as citizens of non-EU, EEA, or Swiss countries that do not need short-stay visas for periods up to three months at a time. These countries include Canada, Australia, and the U.S.​

British citizens wishing to travel to Spain or any other Schengen country can visit for up to 90 days in any 180-day period. The 90-day period can be broken up into blocks and does not need to be continuous.

From the end of 2020, the EU/Schengen area countries will implement the ETIAS visa waiver system for all short stays for citizens of visa-waiver countries, presumably including the UK. Intending travellers will need to apply online for a visa waiver or ETIAS approval before arriving in any EU/Schengen country by paying a small fee. Once obtained, the visa waiver should last several years before needing renewal.

Changes After the Transitional Period: Longer Stays

If you do not have a Spanish residence permit before the end of the transitional period, you may be treated like any other third-country national. This means applying for a residence visa before arriving in Spain, unless Spain introduces a new arrangement specifically for UK citizens.

There are different types of Spanish residence permits available for third-country nationals:

• Non-lucrative visa: For those who want to live in Spain without working, but have sufficient financial means.
   
• Work visa: For individuals who have secured employment in Spain.
   
• Golden visa: For individuals investing a significant amount in Spain (usually €500,000 or more in real estate).
   
• Student visa: For people who wish to study in Spain.
   
• Family reunification visa: For family members of legal residents.

Each visa type has specific documentation requirements. These typically include proof of income or savings, health insurance, a clean criminal record, and documents translated into Spanish by a certified or sworn translator.

Document & Translation Requirements for Spanish Residency

Whether applying for residency during or after the transition period, you’ll likely need to provide some or all of the following documents:

• Passport (valid and with blank pages)
   
• Proof of health insurance (public or private)
   
• Proof of sufficient income or financial resources (e.g., pension statements, bank statements, job contract)
   
• Marriage certificate (if applicable)
   
• Birth certificates for dependent children (if applicable)
   
• Police clearance certificate from the UK (ACRO or DBS certificate)
   
• Rental contract or property deed in Spain
   
• Certificate of empadronamiento (town hall registration)
   
• Any previous Spanish residence certificates

Important:
Documents not originally issued in Spanish must be translated into Spanish by a sworn translator ("traductor jurado") accredited by the Spanish Ministry of Foreign Affairs. Some documents may also require legalisation or an apostille, depending on their origin.

Spanish Citizenship After Brexit

Residency is a first step, but many British nationals may eventually wish to become Spanish citizens. To apply for Spanish nationality, you must generally:

• Reside legally in Spain for 10 years (shorter in some cases, e.g., 2 years for Latin Americans)
   
• Demonstrate good civic behaviour and integration (e.g., language and culture tests)
   
• Renounce previous nationality (Spain doesn’t allow dual nationality with the UK)

Given that dual nationality is generally not permitted, this step requires careful consideration, especially post-Brexit.

Final Thoughts: What Should You Do Now?

If you're a UK citizen already living in Spain or planning to move soon:

• Register your residency as soon as possible.
   
• Ensure your documents are up to date, and if required, translated officially into Spanish.
   
• Apply for a residence visa if planning to move post-transition.
   
• Seek professional advice if you're unsure of your status.

Staying informed and acting early can help you avoid complications with your status in Spain. With the right preparation, living in Spain post-Brexit is still possible and, for many, entirely worthwhile.

Need help with certified or sworn translations for Spain? Translayte offers fast, reliable, and official Spanish translations accepted by Spanish immigration and residency authorities. Let us help you complete your application with confidence.