Brexit, the United Kingdom's exit from the European Union, has led to significant social, economic and legal changes, particularly for UK citizens living abroad. With the end of membership of the European Union, new regulations have been introduced for UK citizens to live, work and travel in EU countries. Spain remains one of the most popular expat destinations for Brits, but the post-Brexit situation is complicated. In this article, we will discuss what you need to know about immigration rights for UK citizens living or intending to live in Spain post-Brexit.
Right of Residence for British expats in Spain
After Brexit, the most important rights of UK citizens living in Spain change depending on their residence status and the agreements concluded with the EU. Spain has invited UK citizens leaving the EU to stay and maintain their right to live in the country under certain conditions. However, certain procedures and applications are required to comply with the new post-Brexit regulations.
Residence Permit Application
Post-Brexit, UK citizens had until 31 December 2020 to apply for residence in Spain. This was a deadline set in connection with the UK's departure from the European Union. As of 2021, if UK citizens wish to continue to stay in Spain, they must have obtained their residence permit. The application process to obtain a residence permit is as follows:
NIE (Numéro de Identificación de Extranjero): Obtaining a Foreigner Identification Number is the first step to start living legally in Spain. This number is required for banking transactions, healthcare and tax declarations.
Residence Application: To obtain a residence permit, it is necessary to apply to the Spanish Ministry of the Interior. During the application process, UK citizens have to prove how long they have been living in Spain.
Social Security and Health Insurance: When applying for residency, it is necessary to be included in the social security system in Spain or to show health insurance. Expats from the UK must obtain a social security number to benefit from public health insurance.
Work Permits and Finding a Job
One of the biggest impacts of Brexit is the change in the rights of UK citizens to work in EU countries. For a UK citizen wishing to obtain a work permit in Spain, the period of benefiting from the facilities enjoyed by EU citizens has ended. Therefore, British citizens are required to follow certain procedures in order to be able to work in Spain.
In order to work in Spain, UK citizens need a work permit. The application for a work permit starts with an application from the employer to the Spanish government. The employer must prove that there are no qualified candidates for the position applied for. The application must show that the UK citizen has an employment contract and that the position is vacant in the Spanish labour market. This regulation only applies to highly skilled workers, but it may be more difficult to obtain a work permit for more general positions.
UK nationals can become self-employed or set up their own business in Spain. However, this is subject to certain legal procedures and registration. A UK citizen wishing to become an entrepreneur in Spain must apply to the local chamber of commerce to set up a business to operate in Spain. Consideration should also be given to ensuring that the business complies with Spanish labour laws and the requirement to employ Spanish employees.
Social Security and Health Insurance
Post-Brexit, UK citizens' eligibility for state-funded services such as social security and health insurance in Spain has changed. During the period of EU membership, there were reciprocal agreements between the UK and Spain on health services. However, following Brexit, some restrictions have been placed on access to health services.
For UK citizens, the European Health Insurance Card (EHIC) will no longer be valid when the UK leaves the European Union. Instead, British expats in Spain must take out private health insurance in order to benefit from healthcare in Spain.
British citizens can use their UK social security contributions in Spain before or after they retire to Spain. However, post-Brexit, depending on the arrangements between the UK and Spain, some additional procedures may be required to access pensions and healthcare. It is therefore important for UK citizens to obtain detailed information in order to exercise their pension rights in Spain.
Although Brexit has created some difficulties for UK citizens to continue their lives in Spain and other EU countries, with the right procedures and applications, UK citizens can continue to live and work in Spain. It is extremely important to be aware of issues such as residency applications, work permits, health insurance and social security, and to make the necessary applications on time. Keeping up to date with any changes or procedures will make life much easier for UK citizens living in Spain.
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