What can British citizens in Spain do in preparation for Brexit? After the approval of the EU 27 in Brussels, and two long weeks of debate in the UK, Parliament is next to follow and decide the future of this withdrawal text of 585 pages.
The last-minute dust up over Gibraltar created another critical situation between Spain and the UK. We feared for a moment that the Anglo-Spanish relationship might be affected, despite strong links between the two countries. Remember that over 240,000 Brits are registered as living in Spain, according to the Spanish padron, whilst many others own a second house in Spain, or receive their in Spain, and millions visit each year as tourists. It is estimated that more than 100,000 Spanish people live in the UK.
It is in the best interest of both countries to ensure that this relationship continues to flourish, and we are confident that the existing treaties between Spain and UK, and the new ones with the EU, will ensure the protection of the status quo of those Britons living legally in Spain.
Right now we are still waiting to see how the UK Parliament will react to the EU deal, and if any changes are proposed, how the EU Partners will respond. The latest news is that the British Government has delayed asking Parliament to vote on the deal out of fear of a heavy defeat.
Being the only Spanish legal firm whose professionals are regulated by the Bar Council in London, and the Colegio de Abogados in Madrid, here at Del Canto Chambers we feel we must be cautious and prudent in voicing our opinions on Brexit. However, we also feel we must impress on our readers the importance of complying with Spanish residency regulations before Brexit, and always seek independent legal advice on your situation.
The golden rule is that UK residents in Spain should ensure that before the close of the year 2018 they have their Spanish home in order. The new situation, whatever the transitional period turns out to be, will almost certainly require anyone wanting to stay to have all the right documentation in place.
This is just a basic ABC of steps or documents to consider:
- Registration with the UK Consulate
- EU Social Security (blue) card
- Spanish NIE number
- Spanish driving licence and car registered with the town council
- Spanish council tax and electoral roll registration
- Taxes and insurances in order
- And even if not planning to die anytime soon, having an updated will.
We hope list is useful, and we will continue working to support a smooth Brexit, whatever happens in the next months.
We are ready to help anyone sort out their tax, wealth, and residency affairs in Spain. Please get in touch.
Julio Prieto
European Lawyer – Abogado
Del Canto Chambers
RichardB says:
My wife and I are UK citizens and we have a second home in Spain. We usually spend up to 6 months in Spain during a typical year, mainly over the summer period. Please can you advise if the status quo will continue after Brexit or if there will be any restrictions as to when and how long we can come for, eg will we be restricted to 3 months in any 6 month period? Will we have access to the Spanish health system with an EHIC card as we have at present? Also, if we decided we wished to spend more than 6 months in Spain during a particular year, would this be possible and if so how would we go about that?
Many thanks for your reply in advance.
Kind regards,
Richard B
rpsoroban says:
Hello Richard
this is a very topical post for me and my wife because our situation mirrors yours, except that we will spend the time in Spain during the winter months for obvious reasons :).
Any advice or comments from Del Canto would be helpful, also as i expect we are not unusual!
Best regards & a Merry Christmas!
Roger P.
Mark Stücklin says:
I don’t think anyone can answer your questions until we see what the final Brexit deal looks like. At this stage nobody knows. The EU and the UK have to come to a final agreement first. It’s such a mess.
Paula31 says:
We are wanting to sell our house in Mallorca had have been asked if we would rent with the option to buy fro a friend. Is this a viable option and what are the down falls?
Thank you