During this transition period, the current residence certificate, either temporary or permanent, (in A4 or green card format) will be valid, but it is important that UK citizens residing in Spain after December 31st, 2020, must have processed their documentation correctly following the provisions of the Agreement, especially in what corresponds to obtaining the new TIE document (residence card) that accredits the status of tax resident in Spain, which will take effect on January 1st of 2021, and in which it will be explicitly stated that the holder is a beneficiary of the Withdrawal Agreement. This document will have the same format in all Member States with the only difference that will be mentioned on the Article 50 together with an indication of whether it has been issued by a declaratory or registration system.
According to our expert in immigration, lawyer Marisol Sala Valverde, for those British citizens who wish to obtain the spanish residence after brexit, it must be made clear that during this transition period, the procedure will be the same as before the UK departed from the EU, that is, you must go to the immigration office closest to your residence in Spain, or, failing that, to the corresponding Police Commissioner and request it. If you are moving to Spain from UK, the process for obtaining residence is the same. For your registration, you must prove that you have sufficient financial means for your living and subsistence expenses, including those of your family, during your stay in Spain or justify if you are going to carry out an economic activity either for someone else or for yourself. Also, you must have private health insurance in Spain that provides coverage in Spain during this period and which must be equivalent to that provided by the National Health System. This procedure will allow you to obtain a registration certificate that will be very useful after the end of the transitional period as it will allow you to prove your status as a beneficiary of the Withdrawal Agreement.
During the transitional period, and until the uniform format residence document (TIE) begins to be issued, the current registration certificates and family cards of EU citizens will continue to be processed, which will have the same supporting effects of being a beneficiary of the Withdrawal Agreement than those issued before February 1, 2020.
Regarding mobility after the transition period, we still cannot establish the procedure since it is still in negotiations.
From the 1st of January 2021, marking the end of the transitional period and the official parting of the UK from the EU, the citizens of the United Kingdom will have “third country” status. This change is particularly important when applying for Spanish residency. According to Law 14/2013, UK citizens will be able to obtain a special visa for investors (that is to say, they will be able to choose among different types of visas) to obtain residency through the Golden Visa.
There are many advantages to the Golden Visa over others, including the following:
- No minimum stay requirement in Spain
- Holders of this visa can leave and enter Spain as many times as they need to
- Golden Visa holders can plan their taxes – holders will not be a tax resident in Spain; as long as they fulfil the tax law requirements, only non-resident tax will have to be paid in Spain. Instead, they will pay tax for their worldwide income in the United Kingdom
You can find out more about the procedure to obtain the Spanish Golden Visa, the specific tax requirements for both fiscal and non-fiscal residents, as well as the numerous advantages of this Visa.