How Has Brexit Changed Things for British Expats in Spain?
Since the United Kingdom left the European Union, the rules for British nationals living in, moving to or owning property in Spain have changed significantly. While the Withdrawal Agreement protected those already resident before 31 December 2020, new arrivals face a different legal landscape. Understanding these changes is essential for any British national planning to live, retire or invest in Spain.
At Tomas Ballestero Lawyers, we have been advising British expats on the Costa Blanca for over 30 years and have guided hundreds of clients through the post-Brexit transition.
The 90-Day Rule
Before Brexit, British nationals could live in Spain as long as they wished as EU citizens. Now, as third-country nationals, British citizens without Spanish residency can only stay in Spain and the wider Schengen area for a maximum of 90 days within any 180-day period. If you spend 90 consecutive days in Spain, you must leave the Schengen area for at least 90 days before returning. Overstaying can result in fines, entry bans and immigration consequences.
Obtaining Spanish Residency
If you want to live in Spain for more than 90 days, you need a residence visa. The main options for British nationals include the non-lucrative visa for retirees and people with sufficient income who do not intend to work in Spain, requiring private health insurance and proof of financial means. The work visa requires a job offer from a Spanish employer. The self-employment visa is for those planning to work as autónomos.
The TIE Card
Once granted residency, you receive a TIE card (Tarjeta de Identidad de Extranjero), a credit-card-sized document serving as proof of legal residence containing your NIE number, photo and biometric data. It replaces the old green residency certificate that EU citizens used to receive. You must carry your TIE card at all times.
Healthcare After Brexit
British expats registered in the Spanish public healthcare system before the transition period generally retain their rights under the Withdrawal Agreement. New arrivals must arrange private health insurance initially. Once you become a legal resident and register with social security, you can access public healthcare. Retired British expats may use the S1 form to access Spanish healthcare funded by the UK, depending on circumstances.
Driving Licences
British driving licences are no longer automatically recognised for residents in Spain. If you become resident, you must exchange your UK licence for a Spanish one. Spain and the UK signed a driving licence exchange agreement allowing direct exchange without a Spanish driving test, provided you meet eligibility requirements. Non-residents can use their UK licence for short visits but should carry an International Driving Permit.
Tax Implications
If you are tax resident in Spain (spending more than 183 days per year), you must declare worldwide income to Spanish tax authorities. Since the UK is now a third country, some provisions have changed. British non-resident property owners now pay capital gains tax at 24% instead of 19% for EU residents. Professional tax advice is essential for cross-border situations.
Property Ownership
Brexit has not affected the right of British nationals to own property in Spain. You can still buy, sell and own real estate on the same basis as any foreign national. The buying process, taxes and legal requirements remain the same. However, managing a Spanish property from the UK is more complex due to the 90-day rule and changes to banking services.
How We Can Help
At Tomas Ballestero Lawyers, we provide comprehensive legal support for British expats navigating post-Brexit life in Spain. Whether you need help with property purchases, residency applications, tax planning or inheritance matters, our experienced English-speaking team is here to guide you.
Planning to move to or stay in Spain after Brexit? Contact us on +34 607 320 768 (WhatsApp available) for expert legal advice tailored to your situation.
For expert legal guidance, contact our lawyers in Javea. We assist international clients across Javea, Moraira, Denia and the Costa Blanca with English and French-speaking solicitors.
Need help with inheritance or probate matters in Spain? Contact our Inheritance & Wills Lawyers for expert legal assistance on the Costa Blanca.
Living in Spain after Brexit? Need legal advice? Our experienced inheritance lawyers in Spain offer a free initial consultation. Call +34 965 792 946.
