To acquire legal residency in Spain as a beneficiary under the Withdrawal Agreement, you have to demonstrate that you meet the EU residence criteria on income and healthcare.
The rules for meeting the EU residence criteria on income and healthcare are contained in Order PRE/1490/2012, of July 9, 2012 from the Spanish Government. The rules are designed to ensure that as an EU citizen living in Spain, you do not become a liability on the Spanish social security and healthcare system. In short, if you are employed or self-employed in Spain and make contributions to the Spanish social security system, you have the right to access state healthcare and unemployment benefits (under certain conditions). If you are not employed, you will have to assure the immigration authorities that you have adequate health insurance (public or private) in place and sufficient means to support yourself so as not to seek assistance from the Spanish healthcare and social security system to live in Spain.
For this reason, the requirements for meeting the EU residence criteria on income and healthcare differ according to your situation in Spain.
If you are employed
If you cannot provide this, you can provide your confirmation of the registration of your employment at the Public Employment Service (Servicio Público de Empleo or SEPE) containing the details above, or just provide the details with your employer’s consent.
If you are employed in Spain and do not receive sufficient income to meet the EU residence criteria you may be asked to provide evidence that you have sufficient means to support yourself in Spain. See our blog article for more information.
If you are self-employed (autonomo)
If you are self-employed in Spain and do not receive sufficient income to meet the EU residence criteria you may be asked to provide evidence that you have sufficient means to support yourself in Spain. See our blog article for more information.
If you are not employed
If you fall under this category you will most probably have to contract private medical insurance valid in Spain. It is important to ensure that your insurance policy satisfies the requirements for residency applications. See our blog article for more information on these requirements.
2. Proof of sufficient means. See our blog article on how to satisfy this requirement.
If you are not employed and you receive UK state pension
(a) If you receive UK state pension and have a UK-issued S1 form, Order PRE/1490/2012, of July 9, 2012 from the Spanish Government states that this is sufficient to satisfy the healthcare requirement. The S1 form entitles you access to state healthcare on the same basis as a Spanish citizen as long you register your S1 form with the National Institute of Social Security (Instituto Nacional de Seguridad Social or INSS) once you have your residency.
(b) If you do not have a UK-issued S1 form, you may have to contract private medical insurance. It is important to ensure that your insurance policy satisfies the requirements for residency applications. See our blog article for more information on these requirements.
2. Proof of sufficient means. See our blog article on how to satisfy this requirement.
If you are a UK student who started studying in Spain before 31 December 2020
1. Health insurance, public or private, with coverage in Spain equivalent to that provided by the Spanish National Healthcare System.
(a) If you are a UK student who started studying in Spain before 31 December 2020 and your course in Spain continues beyond 2020, you can satisfy the healthcare requirement if you have the new European Health Insurance Card (EHIC). The new EHIC should cover you for medically necessary healthcare until the end of your study period in Spain. See the NHS website on how to get the new EHIC.
(b) If you do not have the new EHIC, you may have to contract private medical insurance. It is important to ensure that your insurance policy satisfies the requirements for residency applications. See our blog article for more information on these requirements.
2. Proof of sufficient means. See our blog article on how to satisfy this requirement.
3. Original matriculation or enrolment letter from a public or private centre recognised or financed by a competent educational body in Spain.
What you may need to show can vary amongst the provinces. Contact the Oficina De Extranjería in your province for more information on what exactly your need to provide.
This information is published in good faith and for general information purpose only. TIE BREXIT SPAIN does not make any warranties about the completeness, reliability, and accuracy of this information.