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December 21, 2023
Despite Brexit actually kicking in 4 years ago, at the end of 2020, it seems there are still some things causing confusion, and of course, a political change of this magnitude was never going to be simple. There are many areas such as trade importation and exportation, and immigration and tourist visas that people still have questions about.
This is not surprising as the United Kingdom is geographically in Europe, and Brits remain to be European in ethnicity, but as we are not part of the European Union there are different policies in place that we all need to be aware of as Non–EU citizens.
So, what are the Brexit changes to immigration?
If you moved to Spain before 1 January 2021…
For those of you who were registered as Spanish residents before the end of 2020 and have the TIE card (Tarjeta de identidad de extranjero) this is your golden ticket to keeping the rights that British citizens previously held as EU citizens, as these rights have been protected in the Withdrawal Agreement. These rights include living and working without need for a visa, accessing the public systems such as healthcare and education, travelling within the Schengen area for up to 90 days, and pension benefits based on paid contributions in member countries. Visit https://www.gov.uk/guidance/living-in-spain#the-withdrawal-agreement for more details.
For those not covered by the Brexit Withdrawal agreement.
If you are currently living in the UK and want to start the immigration process then unfortunately the Brexit changes to immigration mean that you are now classed as a non-EU citizen and so, you fall under the general immigration regime. This means that you will be subject to the same immigration legislation and criteria as people from other continents, such as those from America and Asia. The main downfall is that there are now additional legal requirements and longer procedures.
There are some different visa options open to non-EU citizens that you need to look at in more depth to see which scenario suits your own personal situation best
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1. Non-Lucrative Visa
2. Student Visa
This visa is, as the name suggests, for individuals pursuing forms of education or training in Spain. In order to apply for this visa, you must have an official acceptance letter from an accredited Spanish institution, and the course, whether it is an academic educational course or a vocational training course, must exceed 90 days of training to be applicable. You also need to show proof of financial means to live, in a similar way to the non-lucrative visa, and you also need to have a private health insurance policy to cover your entire stay. The student visa is typically only valid for the duration of the course, with the possibility of renewal, depending on the personal situation of the student.
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3. Golden Visa / investors Visa
This visa is for people who are able make a significant financial contribution to Spain´s economy through investment in property or Spanish companies. You can access this visa if you are able to invest €1 million in Spanish companies or bank deposits, or €2 million in public debt. You can also show your economical commitment through purchasing property worth at least €500,000. However, it is important to also look into the local and regional taxation laws regarding property purchase for non-EU citizens. The Investment, or Golden visa, is initially valid for one year, and then renewable for two-year periods, and there is no minimum stay requirement.
4. Family Reunification Visa
The reunification visa is ideal for those with existing Spanish connections who are coming to Spain in order to join family members who are already legal residents in Spain. In order to qualify for this type of visa, you must have official proof of family relationship (e.g., marriage or birth certificate) and the connected “sponsor” must have lived in Spain for at least one year and hold a valid residence permit. You must also be able to show that your family have financial means to support you. The visa allowance will usually be equivalent to the current/sponsor's residence permit.
What if I want to live and work in Spain but don’t have savings to live off?
If you are looking to move to Spain to start a new life but you don’t have savings and will need to work, then you need to apply for either a digital nomad visa or a work visa in order to legally work while you are living in Spain. Spanish companies cannot legally employ non-EU citizens unless they have a visa, and it is therefore a vital step for you to take in planning your immigration process.
5. Digital Nomad Visa
This new-ish visa is ideal for people who work remotely and are employed by companies outside Spain or are self-employed freelancers with international clients, carrying out online work. In order to qualify you must prove you have a minimum income of €2,368/month (this is the 2025 threshold) and that you already have contracted remote work for at least three months prior to making your application. In a similar way to the non-lucrative visa, you also need to have your own private health insurance policy, to cover you for any unforeseen medical expenses. You also need to show you have a clean criminal record, by obtaining official certification from the police in your country of residence/citizenship. The digital nomad visa is typically issued to be valid for up to three years, with the possibility of renewal.6. Work Visa
This is the visa required by individuals who want to work in Spain and have gained employed by a Spanish company. The most typical way to apply for a work visa, is to show proof of being contracted by a Spanish employer, this must be through an official job offer and also requires work authorization from the Spanish Ministry of Labor. You will also need to provide copies of your academic or vocational qualifications and show you have a clean criminal record. The length of validity of the work visa varies based on the employment contract. There is also something called the HIGHLY QUALIFIED VISA for people who work in a managerial or qualified, specialised or technical positions. There is also the option to register as self-employed, but much like the other visas mentioned above this requires that you can prove a certain level of funds for self-sufficiency.As detailed above, with the majority of the visas now applicable for Brits after Brexit changes to immigration, you will need to secure health insurance to cover you whilst living in Spain. Caser Seguros has a number of health insurance plans, which focus on providing quality assistance to expats, including English speaking agents, taking the added hassle out of contracting and claiming. With more than 80 years of experience in the insurance sector you can be rest-assured that you will be able to get professional assistance in obtaining a suitable policy for your visa needs, and the paperwork required for the application process.
So, as you can see, although the process is not as easy as it used to be, it is not impossible and there are actually a variety of paths you can follow to make your dream of living in Spain a reality. The main advice is to do your research and investigate all the immigration options before you make any impulse decisions. The best option is to contact the Spanish embassy or consulate in your home country to get up to date information about the most suitable visas for you, according to your own personal situation, so you can enter, and live in Spain legally. Don’t just quit your current job, book flights and pack your suitcase without having all the information you need, as the main thing the Brexit changes to immigration have led to is the need for pre-planning, paperwork and patience.
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