Brexit and Spanish Residency

Raymundo Larraín Nesbitt, September, 21. 2018

Blog post copyrighted © 2018. Plagiarism will be criminally prosecuted.

Image credit: CC / Flickr – Theophilos Papadopoulos

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
21^st of September 2018

I had already analysed the financial consequences of Brexit for expats, from a Spanish perspective, in a previous blog post from last February (Brexit and You).

In today´s post, I want to focus on the movement of people crossboarders, between Spain and the United Kingdom in a post-Brexit world.

Unless the European Union and the United Kingdom reach a last minute understanding, British nationals are going to see their movements restricted on coming over to Spain.

Concretely, on breaking away from the EU, British nationals may no longer stay in Spanish territory indefinitely unlike until now. They will be treated much like other nationals outwith the EU. Meaning British may only stay in Spain for a period not exceeding 90 days within every rolling six-month period. In plain English, if you spend more than 3 consecutive months in Spanish territorry, Spanish law demands you attain Spanish residency. If you are caught residing in Spain without permission post-Brexit, you will be regarded as an illegal alien, detained and deported back to your country of origin.

In order to avoid you and your family unpleasant scenarios, I strongly advise the British community residing in Spain to pre-empt this by applying for Spanish residency now. Currently, Spanish are welcoming with open arms all British applications to reside within their territory. The requirements after the 29^th of March may change, so it is advised you act now.

I write this because I know for a fact, after 16 years of practice serving the expat community, that very few British actually bother to register in Spain for a myriad of reasons (chiefly taxation issues). I had already written an article early on this year trying to dispel the false notion that becoming (tax) resident in Spain was all bad news from a fiscal point of view: Tax advantages on becoming resident in Spain. On the contrary, becoming tax resident in Spain offers multiple tax breaks and incentives as highlighted in my tax article. Seek tax advice from us on your own personal situation.

Bottom line, when you walk away from this blog post it must be clear to you that if you plan to be resident in Spain as from April 2019, or you already are, you must apply for Spanish residency before the Spanish Authorities. You will no longer be able to fly under the radar ducking your head in the hope of not getting caught – won’t happen. For your own sake, be practical and apply for Spanish residency now.

Our law firm can assist you attain a Spanish residency permit, ask our friendly staff.

“Politics: the art of creating new problems where none existed.”

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Larraín Nesbitt Lawyers is a law firm specialized in inheritance, conveyancing, taxation and litigation. We will be very pleased to discuss your matter with you. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form.

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Conveyancing-related articles

Buying Property in Spain from a Private Seller (Resale Property) – 21st of February 2017
Buying Property in Spain from a Developer (Off-Plan Property) – 8^th March 2017
How to inspect an off-plan property overseas – Q&A with The Sunday Times. July 2017
Buying Property in Spain – 10 Reasons to Hire a Lawyer – 8th November 2016
Selling Property in Spain – 10 Reasons to Hire a Lawyer – 8th December 2016

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. No delusional politician was harmed on writing this blog post. VOV.