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Complete guide to residency in Spain 2021

AlexPosted by Alex on Tue Jan 12, 2021 12:27am in Padron, residencia and passport advice
12 replies4494 views8 members subscribed

One of our helpful members Marcliff on our Talk Quesada website has written a guide to residency in Spain:

https://www.talkquesada.com/announces/guide-to-residency-in-spain-2021-t52799.html

Firstly, if you can prove you were residing in Spain before the 31st December 2020 and have documentation to prove it, you may still be covered under the Withdrawal Agreement between the UK and EU and be able to apply at a National Police Station or Foreigners' Office in Spain. The type of document would be having a padron certificate and having applied for an appointment before this date but unable to make one because none were available. If you applied by email with a [email protected] you would have received acknowledgement of this which you can use. It could also be in the form of bank statements, rental agreements or even utility bills but this would be up to the official processing the application.

However. people are now talking about moving to Spain and taking up residency now that UK has left the EU. I note it was mentioned someone had contacted a couple of the companies that sort this out for you only to be told you need to contact the Spanish embassy.
Top Tip. It is no good applying to a Spanish embassy in Spain because they don't have any.

For non EU citizens (if you're Irish don't bother reading any further) you must apply at the Spanish embassy or consulate in your own country. You cannot apply once you are in Spain and, if you do visit Spain without residency, do not exceed the 90 days in 180 days limit as that will be an automatic fail on your residency application.

So how to do it?
Right, things do change. Spain may look a bit more kindly on the Brits in future and smooth the way and, if they do, this will change.
But at the moment you must apply in UK to the Spanish Embassy in London, Manchester or Edinburgh for a non lucrative visa if you want to retire to Spain. There are different visas if you want to work, set up a business, become a student etc. If the Moncloa (Spanish Number 10) comes out with any changes on the procedures then I will update this sticky.

As of the end of the transition period British citizens and their non-EU family members who are no currently resident in a EU country will be subject to all Spanish immigration rules for third-country nationals, meaning any privileges under EU freedom of movement will come to an end.

There is a PDF document explaining how to do this.
This PDF is here Non Lucrative Visa.
For up to date info and the types of visa available plus making an appointment then see this link
Visas and Appointments
(The above are specific to London)

Do not panic when you open the pdf and find it is in Spanish. If you scroll down past the Spanish pages then it is also in English.

I have contacted the Overseas Health care team at Newcastle and they tell me that, due to the withdrawal agreement, those who are of pensionable age or receiving certain disability benefits will still be able to apply for an S1 to cover you for the medical requirements but only if you can show you were resident in Spain before Jan 1st 2021. You do not have to have been an official resident before then but must show things like bank statements or rental agreements etc. They also assure me that anyone who is resident in Spain before that date but is under retirement age will be able to obtain an S1 when they reach retirement age.

If you take out private medical insurance, it must be with a company cleared to operate in Spain. You need to check this carefully as some UK companies are no longer allowed to operate in the EU after Brexit. You are advised to go with a Spanish company.

The pdf document I have attached tells you how to apply for this residency, the amount of money you need to have to apply etc.
The figures they give are monthly so the first applicant needs to show €25,816.32 a year plus €6,454,08 for each additional family member.

(These figures change quite regularly. They have now been upgraded to €27.115.20 for the first applicant and €6778.80 for subsequent family members - as of 2.4/2021).

Although not specifically stated on the pdf doc, I think it means if you have that amount in an account then that would suffice but you must show you still have it each time you renew the residency. So it doesn't necessarily mean you have to have an income of that amount each year, just that you have access to that amount each year.

There is an EX-01 form to be filled in (available in a link on the pdf doc) and a fee payment form (790-052 also available with a link on the pdf). The fee is paid when you go to the embassy in London.

If you haven't got one, you will also need to apply for an NIE prior to this or, if possible, at the same time and complete the forms and payment for this as well.

IMPORTANT
Note the time limits on this application. You will be given an appointment within 2 to 3 months of the application. If you hear no reply at the end of 3 months your application has been unsuccessful. If you do hear back and get an appointment, you have up to 3 months to go to Spain and, once in Spain, have 1 month in which to obtain a TIE from the national police station or foreigners' office in the province they are going to live in. Also note that all documentation provided with the application must be officially translated into Spanish.
Further note that each email to request an appointment is per applicant so, if there are two of you, you must apply for 2 appointments.

Also note this non lucrative visa is called "temporary" and will last for 1 year. This can be extended in Spain by a further 2 years and then a further 2 years. At the end of that 5 year period you will become a "permanent" resident and have all the rights of a Spanish citizen. At each renewal point (1 and 3 years) you will need to prove you still have the health cover and the necessary funds and also when changing to permanent residency but you no longer have to prove it after that.

I think I've covered most of it. If you wish to work in Spain then you will have to apply for a work permit and the applications are many an varied depending on if you are highly skilled, just intend to work, already have a permanent contract and so on. In fact, lots of them but be aware a normal job (unless you're a rocket scientists, biochemist or something like that) will be hard to come by as a work permit will only be issued if the employer offers a contract and states the work cannot be carried out by a non-EU citizen.

There is also the "Golden Visa" which is investing money into the country. The minimum property value will be €500,000 plus the IPREM of 400% as for the other visas, shares in a Spanish company or bank deposits of €1 million. If a business which is of general interest is started then a certificate from the Spanish economic and trade office stating this will be required.

My personal note. Hopefully someone in the higher echelons of power will pass legislation to make this process easier, especially for the Brits due to the strong ties, ownership of property, assistance to local economies and so on. I will keep my eyes and ears peeled and change this document if it becomes necessary. This is all a new thing at the moment so there are bound to be some bumps and, IMHO, a sticking to the rules at the outset.

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Alex

Alex

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Yogited

Posted: Tue Jan 12, 2021 12:14pm

Posts: 101

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Location: La Marina

Joined: 16 Apr 2019

Posted: Tue Jan 12, 2021 12:14pm

Thanks for your article. We have been resident for 2 years and have the green card. We are a little concerned about wether we would have to prove income or savings at our next renewal stage. Also not sure when that should be as we didnt think it would need to be updated. Hoping this will not be necessary under the terms of the withdrawal agreement. Any help would be appreciated. Thanks 

Kimmy11

Posted: Tue Jan 12, 2021 7:14pm

Kimmy11

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Posted: Tue Jan 12, 2021 7:14pm

Hi Yogited,

To exchange your green residency card for a TIE, you need to follow the EX-23 application process, which does not require you to prove income again.  Here's a link to the guide I wrote on how to do it yourself:

Guide to exchanging Residencia for a TIE card (Form EX-23)

There is currently no deadline for making the exchange, but it's been suggested that Spain will not want to have two different types of residency document indefinitely for UK citizens covered by the Withdrawal Agreement, so it may be worth looking into doing this sooner rather than later.

Kind regards,

Kim

Yogited

Posted: Wed Jan 13, 2021 12:09pm

Posts: 101

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Joined: 16 Apr 2019

Posted: Wed Jan 13, 2021 12:09pm

Hi Kim we tried getting appointments in October with no luck but then stopped to let urgent cases get in first. That's good news we will not be asked to prove income after obtaining TIE as we are nowhere near the threshold for annual income that is required now. So I will try again soon hoping the queues for appointments have gone. I wonder how long the TIE card lasts before we would all have to renew again? Thanks for your help. 

Kimmy11

Posted: Wed Jan 13, 2021 4:43pm

Kimmy11

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Posted: Wed Jan 13, 2021 4:43pm

Hi Yogited,

The expiry of the TIE will depend on how long you've been resident in Spain - less than 5 years and you'll receive a Temporary card lasting 5 years; 5 years or more and you'll receive a Permanent TIE lasting 10 years.

If you achieve 5 years' permanent status before your Temporary TIE expires, you can swap it for a 10 years' Permanent TIE without having to wait until the Temporary card has expired.

Kind regards, 

Kim

Yogited

Posted: Thu Jan 14, 2021 11:35am

Posts: 101

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Location: La Marina

Joined: 16 Apr 2019

Posted: Thu Jan 14, 2021 11:35am

Thats easy to understand thanks Kim. Sounds like we can go for permanent TIE in 3 years time. Of course we have to get the temporary one first and there are still no appointments when I tried yesterday.  Be nice to get it sorted but will

Kimmy11

Posted: Wed Jan 20, 2021 5:53pm

Kimmy11

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Posted: Wed Jan 20, 2021 5:53pm

Hi Gary,

My personal opinion, but I don't believe we will be asked to prove our financial status again.  For those of us who had residency prior to Brexit and whose status is protected by the Withdrawal Agreement, we didn't have to prove our finances for the EX-23 residency to TIE swap, so I don't see why that would change for subsequent renewals.  While I made my swap before 31 December, we already have feedback from two members who've made their swaps after 1 January and they weren't asked to prove the financials again.

Kind regards, 

Kim

Colin26

Posted: Sat Feb 13, 2021 3:39pm

Posts: 2

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Joined: 13 Feb 2021

Posted: Sat Feb 13, 2021 3:39pm

Have just read your article about getting residency in Spain. We hope to be coming out as soon as we are allowed.It was very informative until I got to the pdf. to fill in for non lucrative residency.It was in Spanish. Is there a translated version anywhere? 

elinspain

Posted: Sat Feb 13, 2021 4:40pm

elinspain

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Posted: Sat Feb 13, 2021 4:40pm

Colin26 wrote on Sat Feb 13, 2021 3:39pm:

Have just read your article about getting residency in Spain. We hope to be coming out as soon as we are allowed.It was very informative until I got to the pdf. to fill in for non lucrative residency.It was in Spanish. Is there a translated version anywhere? 

Hello Colin

If you scroll down past  the pages in  Spanish , you will come to the same documents in English.    Just tried & it worked for me.

Cheers

Elinspain

Colin26

Posted: Sat Feb 13, 2021 4:58pm

Posts: 2

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Posted: Sat Feb 13, 2021 4:58pm

elinspain wrote on Sat Feb 13, 2021 4:40pm:

Hello Colin

If you scroll down past  the pages in  Spanish , you will come to the same documents in English.    Just tried & it worked for me.

Cheers

Elinspain

Yeah! Seen that. But when you click on the link in the requirements section,the part where you can view the residency form, that is in Spanish .

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