The UK's exit from the European Union, popularly known as Brexit, has given rise to many issues that are currently still in debate. For those British citizens residing outside their countries, this continues to be a period of change, which requires a meticulous adaptation on their part and for which various aspects must be taken into account.
In our 2019 blog on this issue we already anticipated the consequences which could occur due to the political situation in the English speaking regions when buying a house in Mallorca. But the severance of the United Kingdom from Europe came with other consequent situations that we have to address. Pollentia Properties will give you all the latest information in this respect.
If you arrived in Spain in the middle of the transitional period (1 February 2020 - 31 December 2020) you must apply directly for the residence document at the foreigner's registration office in the province where you reside. It will be verified that you meet the same requirements as those required for obtaining an EU citizen's certificate.
If you have tried to get an appointment, but there are none available on internet, you should be patient. Due to the different phases associated to the Plan to Transition to a New Normality as a result of the COVID19 crisis, the number of available appointments will be progressively increased.
What will your situation be if you arrive in Spain after 1 January 2021? UK nationals entering Spain after 1 January 2121 will be considered as third country nationals. Therefore, the general regime for foreigners will apply. If you already have a certificate of registration you must make an appointment in advance and submit your application in person at the police stations to be specified.
The certificate will be replaced by the new residence document, which you will receive within the time limit indicated by the office.
Do you have to apply before 31st December 2020? Applications to replace your existing registration certificate may be made at any time, including at the end of the transitional period.
You can continue residing in Spain even if you do not have a certificate of registration, but to facilitate administrative formalities and border crossings, you should be in possession of a residence document. As of last 6th July, registration certificates were no longer issued to UK nationals and applications for such certificates are now being processed as applications for residence documents.
You can obtain a residence document by submitting the application in person, either you or your representative, at the foreigner registration office in the province where you reside. You must prove that you were resident in Spain before the end of the transitional period. You must apply for the residence document at the foreigner registration office in the province where you reside or will be residing and, once granted, you must register its issue at the corresponding police station. This is a personal and face-to-face procedure. The deadline for submitting the application is 3 months from your arrival in Spain.
The deadline to grant the request is three months. Once it has been granted, it must be issued within one month of you being notified.
Can someone else apply for the residence document on your behalf? Applications at the foreigner registration offices can be made by a duly accredited representative. On the other hand, the application for the issue of the residence document (the actual card) at the police offices must be made personally by the interested party. Similarly it has to be collected by the interested party himself/herself via identification by a valid passport.
- Do I need to prove my income? Proof of sufficient income will only be required if you do not have a certificate of registration and do not work in any capacity in Spain.
- Is it necessary to provide a certificate of a non-criminal record? You do not need to provide this with your application. However, the competent authority will verify the existence or not of a criminal record.
- If you have lived in Spain for more than 5 years, you will be able to maintain/obtain permanent residence.
Obtaining a permanent residence document will require you do some paperwork at the police station only(if you already have a temporary or permanent registration certificate) or both at the police station and the foreigner registration office if you do not have a registration certificate.
- What conditions must your family members meet to be beneficiaries? Family members of UK nationals will be eligible if they meet one of the following conditions:
- They must have resided in Spain before the end of the transitional period and continue to reside after this period.
- They have not resided in Spain before the end of the transitional period, but have a direct connection to a UK citizen prior to the end of the transitional period and at the time they are planning to join them.
The UK leaving the EU means that British citizens no longer have the same rights as before, but despite this they are eligible for the acquisition and sale of real estate in Spain. That is why in our blog we advise you on the legal procedures involved.
Contact us if you want to know more about this and other ways to acquire more assets, also if you have more questions about how to sell your property in Mallorca. At Pollentia Properties we will help you find the best way to manage your properties in Mallorca.