Brexit – Are you ready for the end of the transition period?

27 July 2020 | Tags: brexit, holiday home, legal advice, Moving to Spain, Wills

We were delighted to be joined by Charmaine Arbouin – the British Consul of Andalucia, the Canary Islands, Ceuta and Melilla in our free webinar co-hosted with Costa Women on Friday 31st July.

The Webinar was aimed at UK Nationals living in Spain and we talked about how you can get ready for the end of the transition period, residency, the new TIE card and the benefits of having a Spanish will. 182 people registered for the informative webinar.

Many Clients, or new enquiries were received about moving to Spain before the end of the transition period and we were able to answer questions on the day as well.

As general guidance:-

If you live in Spain for more than 3 months a year you have an obligation to become a resident.

If you spend more than 6 months in a year in Spain then you become a Spanish tax resident and pay tax in Spain on worldwide assets and income.

If you spend between 3 and 6 months a year in Spain then you are a resident but not a Spanish tax resident.

The Spanish tax year runs from 1 January to 31 December. There is still time to apply for and become a resident in 2020.

Paperwork to apply for residency is form S1 if you are over the age of 65, private medical insurance if under age of 65, padron (census certificate), proof of income and proof of an address which can be 12 month rental contract or property deed plus the application forms and a photo for new residency applications from 6 July when Spain introduced the new law. The income requirements and amounts in your bank account vary from region to region.

We asked Attendees:-

During the webinar we conducted a couple of polls which provided interesting information about the listeners:-

1. Are you already living in Spain, or moving here?

31% moving here before end of 2020

56% already here

2. Do you have your residencia and all paperwork ready for the end of the transition period?

47% registered

45% not registered

Attendees asked us:-

During the webinar, we were asked various questions and replies to these are contained in the video. The questions included:-

What is FCO advising British people to do at the moment?
What were the main changes to the law of 6 July?
So big question, if you have your green residency card already do you need to obtain your tie? This year or next year? Would it be useful?
When I apply for Spanish Residency will this entitle me have free of movement in all EU countries in the future?
Will my husband be entitled to automatic residency if I have it?
I work as a carer and am a registered resident in Spain, but resident in UK for tax purposes as I spend over 183 days in UK each year. Will Brexit affect how I work? Travelling back & forth from UK to Spain?
In June next year (2021) I will have been a resident of Spain for 5 years. My current residency card is of the small size green credit card style. Do I still have to apply for ‘permanent’ residency next May and, if so, will I be issued with the same style of residency card I currently have, or will I automatically be issued with one of the new TIE cards instead?
Residency / Health – I am currently a dependant on my husband’s UK issued S1. However, I shall be applying for an S1 in my own right upon reaching 66 (retirement age) in July next year. Will my dependency status on my husband’s S1 be suffice when applying for my permanent residency in June, or will I be expected to produce private health insurance policy details when making the application?
We are Swallows wish to stay for more than 3 but less than 6 months in the winter consecutively, we own a property in Tenerife, we are retired, we are of sufficient means, our main residence is in the UK, we don’t intend to live in Spain permanently. Do we need to apply for residency?
We own a property in Ayamonte and currently spend around five months of the year in Spain. My understanding is that following Brexit that we will only be able to stay there for 90 days in a rolling 180 days and wondered if there was anything we can do to still be able to stay for around five months without becoming tax payers in Spain. The health cover is also a concern as at present we use the E111 card which I understand will no longer be valid from 31st December 2020.
Do we know what the rules will be next year to apply for residency? 90 days in a 180 day period? How much money in a bank account? Likely to be more onerous.?
I am a British National and normally spend 180 days each year in Spain. This year, having had my flight cancelled several times (coronavirus related) I have now spent almost 6 months in Spain. Does this mean that I will not be able to come back (to Spain) until next year (2021) or is there some special dispensation agreed?
In view of the Covid-19 pandemic, and the risk we are all facing with a possible second outbreak later in the year, if the UK and/or Spanish Governments impose travel restrictions in December, is it possible that the deadline of 31 December 2020 with regard to free movement between the UK and Spain (not the EU) will be extended ?
While the UK was part of the EU, I believe that it was possible to have a very simple Spanish will that stated that a British will would apply. Will this change?
I am on long term medication and I would like to know how I may continue with this as a spanish resident. And what overall health/medical care might be available.
Our Spanish residency expired in 2012 and whilst we have a property out there and pay for electricity, water, house taxes and mortgage, we would like to know if our residency can be renewed or if we have to start the process again from the beginning?
What are the ‘cons’ of becoming a Spanish resident.
My wife is the owner of our property, so I do not have a rental agreement or property deeds. What do I need to do when I apply?
I am moving to spain before end of 2020 but my partner of 2 years cannot come until next year. What visa should he apply for next year? Will it be easier because I will be a Spanish resident?
I started the exchange process for my Spanish Driving Licence just before we went into lockdown in March. How to I check to see where my new Spanish Driving licence is?
Provided my TIE application is submitted by 31 December, will there be an extension of time for it to be processed?
Is there a problem getting appointments to register residency in Costa Blanca North?
What is the website for the Policia Nacional?
Private health insurance, please could you direct me to a list of companies that provide policies which are acceptable for residency?
How do I qualify for applying for residency when at present I have only partly paid for a plan build property that may not be completed until the end of the year 2020?
What should I expect to pay to a gestor for processing the TIE application?
I read that the TIE is only for ten years and the green document is permanent?
Is it an advantage to apply for a Spanish passport?
Are you sure that if we apply for Spanish residency as retired people, we can continue to receive NHS care while in the UK?
Is it recommended to register at the British Consulate?
After the transition is a European Health card issued in Spain still valid?
On the discussion of tax, I will be working remotely in Spain for a UK company from October – spending less than 90 days per year in the UK. As there is the bi-lateral tax agreement between the UK and Spain, as long as I can demonstrate to the Spanish government I am paying tax in the UK, can I continue to remain a tax resident in the UK but register as a resident in Spain?
I am not able to move to Spain until October. I am moving to Malaga and understand that appointments are really hard to get. What happens if I cannot get a residency appointment in time?
At the moment it is quite straightforward to change a UK driving licence for a Spanish version. Will the requirements change after 31st December 2020? If I get residencia now and apply to change my driving licence next year will the requirements be different from those in force now?
Hello, I am working in Spain (paid from UK) and paying tax in both UK and Spain. I plan to continue with this but now have my NIE and a Spanish bank account. My girlfriend is Portuguese but has Spanish residency – shall I apply for residency or is my NIE / bank Account OK because we want to buy a house here?
If I create a Spanish will in 2010 leaving my Spanish assets to my sister and create an English will in 2016 leaving all my assets to my wife does the English will make the Spanish will null and void?
we had planned to move out in March but Coronavirus prevented it. we were told we had to live in Spain for at least 3 months before we applied for residency. Is this still necessary?
When you say private healthcare does that include annual holiday insurance ie as arranged in England?
My partner is Irish but worked in the UK for most of her life and is entitled to a full UK state pension. Am I correct in thinking she will be able to get healthcare via an S1 in the same way as myself? Is it possible to get state healthcare at our age and situation given that the INSS have said they cannot accept payment for convio especial because of the changes in the law last year. This is the same law that stated all residents legal or otherwise should have full access to the health system – Something we have failed to get so far.
Do you know whether an Isle of Man driving license counts as one you can simply exchange or will we need to sit the tests?
We own property in the UK, I understand you have to pay tax on worldwide assets, even if there is no income. Should we sell up before Brexit?
Do supporting documents for residency (e.g. Proof of income from UK employer, proof of savings from UK bank) need to be officially/professionally translated into Spanish or will the English versions be sufficient?
Provided my TIE application is submitted by 31 December, will there be an extension of time for it to be processed?
We live in the UK and planning to move to Spain before the end of the year to apply for residency. I wonder if it would be safe to start the process in the beginning of December or it will be too late, as I’ve heard it might take weeks to be able to book for some of the appointments.
Have a I understood correctly that the EHIC will still be valid after the transition period so if I travel to another EU country it will cover me. What about if I travel to the UK? Will I be able to renew my EHIC card issued in Spain once it runs out in November.
Although I am an Irish Citizen, my S1 is issued by the UK as I spent most of my working life in the UK. Will I be able to avail of my S1 status if I move to another EU country after 31st December 2020?
When I rang the S1 place in Newcastle, they told me there was no difference between tax residency and domicile residency and that if we changed to “permanent Spanish residency”, we would lose our right to NHS care. We are swallows and usually spend between 3 and 6 months in our Spanish property