Moving to Spain after Brexit: A Guide

Moving to Spain after Brexit is no longer as simple as it once was for British citizens. The “Right to Reside” for UK Citizens has been removed.

This is because the United Kingdom chose to leave the EU and is now classed as a “Third Country”.

Unfortunately, because of Boris Johnson’s negotaiated and agreed”Oven Ready Deal,” the new way of doing things is very different to what it was previously – and now the rules are the same for the UK as they are for other parts of the world.

This is the responsibility of those who negotiated and agreed to the deal as it stands.

Broadly, most people will fit into one of the following groups:

Those who were resident in Spain before 31 December 2020 and have already applied for Spanish Citizenship.
Those who were resident in Spain before 31 December 2020 and have already got their "Certificado de Extranjeros"
In this case, those eligible for residence rights under the Withdrawal Agreement have the right to receive a residence document expressly identifying them
as beneficiaries of the Agreement.
You do not have to apply for a work visa.
If you already have a credit-card sized Residency card, or the pale green A4 certificate – you have done what you need. You can see examples of these documents HERE.
We highly recommend that these people apply for a TIE, which is the next stage up from having the “Certificado de Extranjeros”.
The TIE is not mandatory under the terms of the “Withdrawal Agreement” but all our legal sources are advising that you apply as soon as possible anyway. It may become mandatory in the future and it pays to be ahead of the game to avoid unnecessary stress or worry.
There are many ocmpanies offering TIE applications as part of their service. Ask locally in Spain for quantified recommendations from trusted people.
Those who were living in Spain before December 31 2020 but were "under the radar"
Those who either moved to Spain permanently after December 31 2020, or are planning to do so now
Those who are planning to live in Spain for more than 90 days per year but not permanently

So what next for those moving to Spain after Brexit?

You must first apply for a Visa, and then for permanent status.

Applying for a Visa
These visas enable you to reside, work, study or research in Spain.

These are detailed in the Spanish Organic Law 4/2000 and in its Regulations, approved by RD 557/2011.
All foreigners of “Third Countries” who wish to enter Spain to reside, work or study must have a visa of this type (unless they are citizens of the European Union, Iceland, Liechtenstein, Norway or Switzerland).
The visa application must be submitted using an application form (original and copy), which can be downloaded free of charge HERE or can also be obtained free of charge at the Diplomatic Missions or Consular Offices of Spain abroad.
The visa must be requested in person, or by an accredited representative in the event that they do not reside in the locality where the Diplomatic Mission or Consular Office is located and reasons that hinder movement are proven, such as the remoteness of the mission or Office, transportation difficulties that make the trip especially burdensome or for proven reasons of illness or physical condition that significantly hinder their mobility.
At the time of submitting the visa application, the established fee (€60 at time of press). This will not be refunded if your application is denied.
Those citizens who intend to reside in Spain must first inform the Ministry of the Interior and the Ministry of Employment and Social Security.
In case of visa denial, the applicant will be notified. In that situation, an appeal may be filed before the Superior Court of Justice of Madrid within two months from the date of notification or, optionally, an appeal for reconsideration before the same Diplomatic Mission or Consular Office within the term of one month from the date of notification of the denial.
Once you have your visa and have arrived in Spain to live
Once you have your visa and have arrived in Spain, you have two options.
Short-term visa extensions
You may obtain an extension for a short stay – which cannot exceed 90 days.
This is done via Immigration Offices and Police Stations. We recommend that you employ the services locally in Spain to help you with this.
For longer stays
When the duration of the authorized stay or residence in Spain is going to last for more than six months, you must apply for your TIE.
This must be done within one month of your arrival. It is done at the Police Station or Foreigners Office – within the province in which you are residing.
Holders of a seasonal residence and/or work visa are exempt from this and should have paperwork to prove such.
Applying for TIE
We strongly recommend that you use the services of a company in your local area in Spain to help you through this process.
To apply for a Foreigner Identity Card you will need to have the following:
- Form EX-17. This form must be complete with the required information. Print two copies and sign both.
- A recent colour photo (we recommend that you have a couple – just in case).
- Proof of payment of the card fee
- Your current passportç
Paying the fee
You need to complete and print the 790/012 form HERE. Then take it to your local bank and pay. They wiull give you proof of payment
Appointment for a TIE Application
You will need to book an appointment for your TIE card online HERE. It may take a while to get an appointment, depending on the number of applications that the Spanish authorities are receiving. Please note that Microsoft Internet Explorer 7 or higher or Mozilla Firefox 3 browsers are required – it doesn’t work in Chrome.
Ensure that you show up in plenty of time for your appointment, and that you have all the appropriate documents with you. After you submit them, you will receive a document that confirms you have applied.
You have to appear in person, because your fingerprints will be taken.
It takes about a month to receive your card after the day of application (pending workload delays of course).
Applying for Spanish Citizenship