In my career as a lawyer spanning some 30 years, this represents one of the biggest changes to UK citizens when it comes to living here in Spain. As of the end of the transition period, 31st December 2020 British citizens and their non-EU family members will be subject to all Spanish immigration rules for third-country nationals, meaning the EU freedom of movement will come to an end.
However, UK nationals and their family members who have residence here in Spain before the end of the transition period in accordance with EU free movement law, will maintain their free movements rights after 31st December 2020.
In compliance with EU Regulation 2018/1806 of the European Parliament and of the Council of 14 November 2018 British passport holders travelling to Schengen countries for holidays, business or to visit family do not require a visa for stays of up to 90 days in a 180 day-period, provided the visit is not for gainful activity i.e work. Please note that the 90 days will start from the date they enter any of the Schengen countries, including Spain.
British citizens and their family members will need a visa for journeys undertaken after 31st December 2020 for the purposes of residence, studies for period longer than than 90 days, work, professional, artistic or religious activities.
The good news is that if you are living in Span before the end of 2020 and you can prove it then you can get residencia in Spain under what i am going to call the ‘old rules’. You have until March 2021 in order to make your application and the Spanish government has a 3 month period in which to respond.
So what about UK citizens who move to Spain after 31st December 2020?. Well the following ‘new rules’ will apply;
A. You will need a criminal record check
B health insurance in Spain will still be required
C A medical certificate which states that you do not have a disease which is dangerous to public health
D You will need to prove income of 2,151.36 euros per month for the first person and 537.84 euros a month for each family member. The figures for 2021 have not yet been published, so i have used the figures for 2020 as a guide. If for example you are a single person and you have a years money in your bank account i.e. at least 25,888.32 euros then you don’t need to prove your income. I would add that you need to have at least this amount in your account for 6 months prior to the application.
There are of course minor details but the ones listed above are the main ones. As with all my posts this isn’t legal advice. If you need help with Residency then myself and my bilingual team can help or you can instruct a lawyer here in Spain. I will deal with employment, opening a business via autonomo or as a limited company at a future date.
For all your legal needs in Spain, www.justlawsolicitors.com. Est 1992 native English speaking lawyers.
Marisa Moreno Lawyer and Consul for Denmark.