The future of the British living in Spain after Brexit

27 de marzo de 2019

These months are conclusive in the future of the people living in Great Britain and not only the British but also other Europeans living in the country. Moreover, if Brexit happens to go through, all the British currently living in Spain will also be affected.

If you are one of the 400.000 British living in Spain, you will wonder about how this will affect your current status in our country. The first thing that you should do if you are thinking about staying more than three months outside Great Britain, is to obtain the Foreigners’ Identity Number, that is, ‘Número de Identificación de Extranjeros’ (NIE). You will have until January of 2021 to obtain that document or otherwise, you will be in legal trouble. If you already have a permanent permit, the process will be easier; otherwise, it will take more time and more documents to go through. You will also have to obtain the permit of long-term residency which will allow you to work in the same conditions as Spanish people but only after having stayed in Spain for over five years.

For investors, business owners and entrepreneurs living in Spain, there’s the possibility that they could obtain a mobility permit from the 14/2013 Act. They won’t need a visa in order to live in Spain and the moment Brexit is approved, their activities will continue being legal within the Spanish legalities.

Another option is that they are living in Spain with a family member who is a member of the European Union. In this case, they won’t need a visa to have a right of residence; it will be enough with a residence card of a family member of a union citizen and this will allow them to have the same working and living conditions as the Spanish.

Those who live in the border between Spain and Gibraltar will also experience the outcome of Brexit. For this reason, the Spanish government has passed a regulation that allows Gibraltar residents working in Spain to maintain their legal rights and the same goes to Spanish people working in Gibraltar. It should be expected that Great Britain has this same treatment to Spanish people living and working in Gibraltar. All this will be valid no matter what happens with Brexit in the following months.

As for pensions and health insurances that affect Spanish residents who work in Gibraltar, they will be acknowledged in the Spanish system and will benefit from the health system. For English people, health insurance cards will remain as they are and all the additional charges will be expedited to Great Britain.

In conclusion, if Brexit is approved and Great Britain is no longer part of the European Union, all British people living in Spain will have to prove their legal status in Spain.

In the case that you started a new company in Málaga and Costa del Sol and need legal advice on how to keep your business in Spain after Brexit, contact our Accountants in Marbella and we will guide you in this process.