LawTalk
How can British nationals live in Spain post Brexit ?
While it may not necessarily be easy for a British national to legally reside in Spain post Brexit , it is still possible .
Britons who were living in Spain before Brexit ( 31 December 2020 ) have been able to apply under the Withdrawal Agreement for their residency . Certain members of their family have also been able to apply for residency under the Withdrawal Agreement to join them here in Spain . Also , those who are applying as family members and can prove their family link , ie by way of a marriage certificate . There are other requirements , including providing evidence that they were actually living in Spain before Brexit and continue to do so .
British nationals who are married to EU nationals ( including Spanish nationals ) can make what is called a family regrouping application under EU and Spanish national legislation to legally reside in Spain . The EU / Spanish national who acts as the sponsor in the application needs to show that they can support their family financially .
Other than the two options above , the two most popular visas which British nationals can apply for are Non Lucrative visas and Golden visas .
Non Lucrative visas allow their holder to legally reside in Spain but do not allow them to work in Spain . Given this , these visas are very popular with those looking to retire here . One of the conditions of the Non Lucrative Visa is that its holder must spend at least 183 days here , thereby becoming tax resident in Spain by default .
An applicant will need to be able to prove liquid assets and / or income of approximately 28,000 € for the main applicant and around an additional 6,000 € for economic dependants . Private medical insurance and a clean criminal record are also needed .
Golden visas can be applied for by individuals who invest in Spain . The minimum ( and seemingly the most popular ) investment is 500,000 € in property / real estate . As well as evidencing the investment , the applicant will need to show he / she can support him / herself and any dependants financially , have private medical insurance and a clean criminal record .
British Nationals can also apply for residency if they secure employment or set up a business in Spain . Whilst this is still possible post Brexit , it is difficult as Spanish nationals / other EU nationals are favoured for jobs over British nationals . For more information , please contact us . We would very happy to assist .
Each individual ’ s case is different and at De Cotta Law you can speak to Spanish abogados and qualified English solicitors . Call + 34 952 527 014 or email info @ decottalaw . net for legal advice queries , and if your enquiry is specifically about Residency then ask to speak to Sam Baker .
De Cotta Law ( De Cotta McKenna y Santafé ) Mijas-Costa / Calahonda – Coín – Nerja – Tenerife
Nerja Office : - Calle Diputación 11 , 29780 Nerja Tel : + 34 952 527 014 www . decottalaw . com info @ decottalaw . net
Our opening hours are 9am to 4:30pm Monday to Thursday ;
Fridays 9 am to 2 pm
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