Moving to Spain from the UK

1. Spanish NIE Number (Número de Identificación de Extranjería)

Your NIE is the Spanish identification for foreigners. It is recommended that this should be completed before you travel to Spain to ensure your process is as easy as possible.

In order to register for an NIE, you must:

• Download the application form EX-15
• Fill out the form
• Submit it through your nearest Spanish consulate

If you are unable to apply beforehand, you can also apply for it when you are in Spain, where it is processed through your immigration office or a police station.

2. Spanish Residency

Since 1st January 2021, the United Kingdom has now considered a third state, changing the circumstance for obtaining residence in Spain. From this date onwards, there will be a range of options to acquire residency in Spain, including:

• Tie Card – If you are a resident in Spain before 31 December 2020 but do not have a European Union citizen’s registration certificate or TIE card, you are allowed to continue to reside in Spain, but you must prove that you have been a resident in Spain since before that date. Therefore, any British expatriates that fulfill the above criteria may apply for the NIE card as from 01 January 2021, in accordance with the Withdrawal Agreement, demonstrating proof of residence from 31 December 2020. Obtaining the TIE card is a document that guarantees your rights in terms of residence, free movement, and social security in Spain.
• Visa Residence – For British nationals entering Spain from 01 January 2021, the General Foreigners Scheme will apply. The following visas are available for you to choose from:
  • The Residence Visa or Non-Lucrative Residence Visa: if you would like to learn more about the details of this procedure, you can get all of the information on this page: Non lucrative Visa.
  • The Golden Visa: The Golden Visa is part of the Law of Entrepreneurs, encouraging investment in Spain with the return of Spanish residency. As non-EU buyers from 01 January 2021, British citizens have the possibility to apply for the Golden Visa, granting residence for the buyer and their dependents as long as an investment of real-estate on Spanish territory with a value of €500,000 or more.
  • Digital Nomand Visa : Digital nomads are people that work from home or remotely. If you are a digital nomad and want to live and work in Spain, you can take advantage of the Non-Resident Income Tax, which provides tax reductions to those who fit the following criteria: 
    • You are a freelance online worker
    • You are an entrepreneur that runs your businesses online (you own a startup or an online store that sells digital products or services)
    • You are a digital nomad that works for someone else remotely 

    Remember: Spain is looking for new talent in different areas like their technological and digital fields – and they’re making it nearly impossible to stay put. Thanks to a new bill they’ve just approved, they now grant visas to remote workers so that you can become a digital nomad. 

    If you’re interested and want to learn how to get this visa, you can keep reading. 

3. Tax Residence in Spain

As you will be residing permanently in Spain, you will need to pay your tax as a Spanish tax resident – this is essential in order to obtain your TIE. Article 9 of the Personal Tax Income Law states that if an individual resides in Spain territory for more than 183 days, or whose primary financial interests are located in Spain, they must become a tax resident in Spain. In order to do this, you must ensure that you comply with the following tax obligations:

• Personal Income Tax (IRPF) – Model 100: Your worldwide income will be taxed in Spain. In order to avoid double taxation, you must ensure that a double- taxation agreement is signed between Spain and your country of origin.
• Declaration of Assets – Form 720: All individuals and legal entities must complete a 720 form in order to declare overseas assets outside of Spain that exceeds €50,000. This is needed in order to ensure you are not accused of tax evasion.

4. Reinvestment exemption for the sale of your primary residence abroad

According to the V2910-21 tax consultation issued on November 18, 2021, an ex-pat (with an abroad residence) that acquires tax residence in Spain for the current period (the calendar year), is exempt from paying the Spanish taxes from the sale of their property.

For this exemption to be granted, though, there needs to be a reinvestment: the ex-pat will have to buy another property, also abroad, at the time the original property was transferred or in the following two years. 

Rosana Tejada, a tax advisor at Tejada Solicitors Law, explains that tax agencies are very thorough with these types of exemptions, so you should plan cautiously to ensure greater tax savings. Follow every rule outlined for the standard tax and learn more about this exemption here. 

5. Informing the British Healthcare System

In accordance with the Royal Decree Law (RDL) 38/2020, for British citizens who are temporarily visiting Spain (less than 90 days in a 180 day period), your current European Health Insurance Card (EHIC) will cover your healthcare. This card will be valid until 30 June 2021, or until its expiry date if it exceeds this deadline. Once your EHIC card has expired, you must apply for the Global Health Insurance Card (GHIC) instead.

After this date, it is expected that the United Kingdom and Spain will sign a bilateral agreement that will provide healthcare protection for citizens carrying out this process. For British expatriates residing in Spain, there will be no impact on your rights – you retain the same rights regarding healthcare and other aspects as you did before Brexit.

However, when choosing to permanently move to Spain, you must step out of the UK’s National Health System (NHS). You must inform your GP practise of your move so that you can be removed from the NHS register. However, in becoming a resident in Spain, you will be able to access the free healthcare system like any other Spanish citizen, as long as you meet the following requirements:

• If you are a pensioner and receive a pension from your country of origin (State or Government Pension), you will be able to access Spanish healthcare by submitting the S-1 Form issued by your country of origin.
• If you are either self-employed or employed, you and your family members are entitled to the free public healthcare offered by Spain.
• If you do not apply to any of the above, you can apply to join the Convenio Especial – a monthly-fee scheme which gives you access to the Spanish health system (other rules apply), or you can take out private health insurance. You can read more about the requirements for the Convenio Especial here.

If you would like to learn more about the different ways you can access Spanish healthcare as either a British expatriate living in Spain or as a British citizen temporarily visiting Spain, please visit this page: Healthcare in Spain.

6. Validate your passport and driving license

When applying for the more specific legalities, it is often easy to forget the most basic ones. There are many reasons to ensure both your passport and driving license are valid (some more obvious than others!). For example, if you want to continue using your car in Spain, you will have to apply for a Spanish driving license, which can often take up to 6 months. Once you have received your census certificate (certificado de empadronamiento), it is highly recommended you then complete this procedure as soon as possible.

From 01 January 2021, if you do not choose to exchange your UK driving license for a Spanish license, you will be able to continue driving using your UK license for 6 months (until 30 June 2021). After this period, UK driving licenses will no longer be valid and you will have to apply for a new Spanish license. You can read more about exchanging your driving license here.

7. Register your new Spanish address

Once you have arrived in Spain, and you have secured a Spanish property, we recommend that you immediately go to your local Town Hall Office to notify of your new address. This process is known as the ‘padrón’ – once registered to this, you start to earn certain rights in Spain, even if you haven’t yet received full Spanish nationality.

8. Set up a bank account

Depending on the bank you choose, the documentation required to open a Spanish bank account will vary. However, the following are the basic documents that are required:

• Passport
• Personal and financial information; P60, Personal Income Tax or pension certificate
• Your Spanish NIE number 
  

As we know, the departure of the United Kingdom from the European Union has meant that the procedures for obtaining residence for British citizens change as they are considered non-EU citizens. In this sense, the Transition Agreement reached in 2020 had effect until December 31, 2020.

On 30 December 2020, the Royal Decree-Law 38/2020 was approved, which regulates, among other things, healthcare. This law aims to counteract the undesirable effects caused by the end of the transitional period as much as possible, as long as a reciprocal relationship between the UK and Spanish citizens is maintained.

However, it is important to note that these regulations are temporary measures, as it is expected that the UK and Spain will reach a bilateral agreement to regulate both healthcare and other aspects concerning the relations between the citizens of both countries.

The only difference so far will be concerning the Residence certificate that will be issued by the Authorities, since until now a temporary or permanent resident certificate is being issued according to the circumstances of the citizen, either in A4 format or green card. The objective is to start issuing another document called “TIE Certificate”, in which in addition to the identification data of the holder, it must appear that you are the beneficiary of the Withdrawal Agreement, as well as a mention to the Article 50, which regulates this and whether it is issued by a declaratory or registration system. This document has entered into force on January 1, 2021.