Hana Jalloul Muro, Secretary of State for Migrations in the Spanish Government:

Spain can continue to be your home even after Brexit, as long as you apply for Spanish Residency.

Brexit is over. The UK left the European Union on 31 January 2020 and the transition period officially ended on 31 December 2020. The EU’s freedom of movement principle no longer applies to the British citizens. This means that since 1st January 2021, British citizens no longer have the automatic right to live in Spain indefinitely. As non-EU nationals, British citizens are now subject to Schengen Area rules of stay and are only permitted to stay within the countries in the Schengen Area for a maximum of 90 days in any 180-day period.

If you are a British citizen without Spanish Residency and you want to live in Spain for more than 90 days in any 180-day period after Brexit, your only option is to apply for Spanish Residency.

The following information is for British Citizens who want to apply for Spanish Residency after Brexit  and the TIE Card in Spain under the Withdrawal Agreement 2020.

Can I apply for Spanish Residency after Brexit?

Yes, you can. You can apply for Spanish Residency and get your TIE card in Spain (Tarjeta de Identidad de Extranjero) , under the Withdrawal Agreement if you can demonstrate that you actually and effectively started living in Spain before 31 December 2020 and that you meet the EU residence criteria on income and healthcare.

Is it too late to apply for Spanish Residency after Brexit?

Not yet. As long as you can demonstrate that you actually and effectively started living in Spain before 31 December 2020 and that you meet the EU residence criteria on income and healthcare your rights are protected under the Withdrawal Agreement.

What are the benefits of applying for Spanish Residency after Brexit?

Getting Spanish Residency and your TIE card in Spain as a beneficiary under the Withdrawal Agreement enables you to continue living in Spain legally and benefit from the same rights as any EU citizen living in Spain. This includes having the choice to become a permanent resident in Spain.

What if I cannot prove that I moved to Spain before Brexit?

If you cannot prove that were living in Spain before Brexit or before 31 December 2020 you will not be protected by the Withdrawal Agreement. If you wish to live in Spain for more than 90 days in any 180-day period, you will have to apply for Spanish Residency under current Spanish immigration rules open to non-EU nationals. In most circumstances, this will entail applying for a visa from a Spanish Consulate in the UK before arriving in Spain.