Brexit

Frequently asked questions post-Brexit in Spain and the UK: residency, passport and studies

Frequently asked questions post-Brexit in Spain and the UK.

Information for UK citizens wishing to have a brexit card in Spain

If you are a UK citizen wishing to come to Spain, you might still be on time to apply for a Brexit Card (see possibilities below). Should you not be included in any of these cases, you will need to apply for the residence possibilities open to any citizen from a third country.

1. I am a UK citizen with a EU card living in Spain, can I still get a Brexit card?

Yes, you can get your Brexit card at the nearest Police Station with a migration service from your house. You will only need to comply with the following criteria:

  • Have a EU residency card (‘TIE’) that was issued before the 31st of December 2020.
  • Either be:
    • A student
    • A working contract
    • Self employed in Spain
    • Have proof of sufficient means to live in Spain (7500 euros for a year and a medical insurance).

2. I am a UK citizen accompanying a family member (also from the UK or an EU member State) and was already living in Spain before the 31st of December 2020, can I get a Brexit card?

Yes, you can get your Brexit card at the nearest Police Station with a migration service from your house. You will only need to comply with the following criteria:

  • Have a EU residency card (‘TIE’) that was issued before the 31st of December 2020.
  • Have a private medical insurance.
  • In case your family member is either, working in Spain, self employed in Spain, or lives in Spain on their means, you need that you are either:
    • Spouse.
    • Partner.
    • Child.
    • Family members depending on the student.
    • Ancestor.
  • In case your family member is in Spain as a student, you need to prove that you are either:
    • Spouse.
    • Partner.
    • Child.
    • Family members depending on the student.

3. I am a UK citizen accompanying a family member (also from the UK or an EU member State) and was NOT living in Spain before the 31st of December 2020, can I get a Brexit card?

Yes, you can get your Brexit card. You will only need to comply with the following criteria:

  • Be a relative of the person living in Spain before the 1st of january 2021.
  • Have private medical insurance.
  • In case your family member is either, working in Spain, self employed in Spain, or lives in Spain on their means, you need that you are either:
    • Spouse.
    • Partner.
    • Child.
    • Family members depending on the student.
    • Ancestor.
  • In case your family member is in Spain as a student, you need to prove that you are either:
    • Spouse.
    • Partner.
    • Child.
    • Family members depending on the student.

4. I am a UK minor, adopted or born, from a UK citizen with residency in Spain with a Brexit Card, can I come to Spain and live with them?

Yes, you can get your Brexit card. You will only need to comply with the following criteria:

  • Be under 21 years old or be above 21 and prove you depend on your parent.
  • Be born or have been adopted after the 31st of December 2020.
  • Have private health care insurance.

Official information note from the Spanish government – Updated on 28/01/2021 (View)

Do you want to live in Spain?

Our experts can help you manage your residence permit. If you have any doubts, write to us at the free web consultation portal or schedule an appointment by videoconference.

The agreement reached between the UK and the EU

Does not include the free movement of persons which is a basic right covered for EU citizens. However this agreement still needs to be ratified by the european parliament.

As such, from 1 January 2021 UK nationals in Spain are in one of these two situations:

  • They benefit from the Withdrawal Agreement
  • They have to comply with the general provisions of the immigration regime

In order with all the questions in migratory matters that have arisen as a result of the withdrawal agreement, we have summarized the main topics.

Frequently asked questions post-Brexit in Spain and the UK in the following video:

Can i still go on holiday to Spain from the Uk without a visa?

Yes, without any visa thanks to the agreement up to 90 days in a period of 180 days. The only limit in this sense is related to the restrictions based on the current pandemic. When the government lifted the restrictions, the british citizens would be able to enter Spain.

What if I want to stay longer than 90 days? Is this possible with a visa? and what is the process to obtain one?

You can stay longer than 90 days, but you would need to apply for a residence permit in General Regime. To that end you will need to go back to the UK in most cases to apply for these residency authorisations.

Is the EHIC European health card still valid for holidays?

Yes it is, for the UK citizens that benefited from the transition period between the 1st of january 2020 and 31st of december 2020.
However, new UK citizens coming to Spain from January 1st will be considered as citizens of a third state, which means they will need private health insurance to travel.

Can i drive in Spain on my holiday with a British license?

Yes. However, should it be for more than six months of stay in Spain, you will need to homologate it in Spain.

What is the process for obtaining residency?

As UK is considered as a 3rd country, you need to apply for a residence permit in General Regime, the options are:

  • Student visa: In relation to this point, it is relevant to say that for the school year 2021-2022 UK students will be treated as any other EU student by Spanish universities.
  • Non-lucrative visa
  • Highly qualified personnel
  • Investment residence
  • Entrepreneurship residence
  • Residence as a family of a community member

As a resident, am I entitled to healthcare?

You are entitled to public healthcare if you work in Spain or if you have contributed to the social security system by working in Spain several years and are now retired.

I am a student, can I apply for an Erasmus to London?

No. The United Kingdom has decided to leave the Erasmus program. The British government has announced that it wants to create its own plan, which will be called Turing – after the mathematician Alan Turing – so that 35,000 students each year will go abroad, but not only to Europe.

Can I still travel with my ID card?

The DNI can continue to be used for travel between Spain and the United Kingdom until September 30, 2021. From October 1st, it will be mandatory to travel with the passport.

Do you want to live in Spain?

Our experts can help you manage your residence permit post-Brexit. If you have any doubts, write to us at the free web consultation portal or schedule an appointment by videoconference.

Social Media Tolentino Abogados

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  • Your explanation of an EHIC card is wrong. People from the UK can use their EHIC card in Spain until the expiry date. That's on the Gov UK website

    • Dear Eileen: Thank you very much for writing to us, UK nationals can use their EHIC until its expiry date. In our article what we explain is that UK nationals wishing to enter Spain and obtain a residence permit must have medical health insurance as part of the residence requirements. Best Regards

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