New Rules for Living in Spain After Brexit

Since the UK left the European Union, British citizens must meet new legal requirements to live in Spain. This guide covers the most important aspects to stay legally—visas, residency, taxes, and the required documents.

For a more detailed breakdown of legal updates, we also recommend reading our complementary article on the new rules for living in Spain after Brexit.

Residency Options for British Citizens in Spain

After Brexit, staying in Spain as a British citizen has become more complex. UK nationals can no longer live freely in Spain for more than 90 days without a proper visa or approved residency permit. Your best option will depend on your personal situation, how long you plan to stay, and whether your intention is to work, retire, or simply enjoy life abroad.

Let's now explore the different options for securing temporary or permanent residency, based on your plans and legal eligibility.

Temporary Residency (Under 90 Days)

If your plan is to live in Spain for less than 90 days, there's good news: British citizens can still travel to Spain without a visa, thanks to the Schengen Agreement. However, this does not mean you can reside continuously or enjoy the same rights as EU residents.

This form of temporary residency is considered a "short stay" and is typically used for tourism, visiting relatives, medical trips, business travel, or scouting trips with future relocation plans. It's important to note that you are not allowed to work or carry out economic activities during this time.

Although a Schengen visa is not required for UK nationals, certain requirements must be met upon entering Spain:

A valid passport with at least three months of validity beyond your intended departure.
Proof of sufficient financial means.
Accommodation booking or an official invitation letter.
Health coverage for the entire stay (preferably private Health Insurance with international coverage).
No presence on any inadmissible persons list in the Schengen area.

There is no need to file a formal residency document during these short stays, but it's important to retain proof of legal entry and stay, especially if you later intend to apply for long-term residency or a Non-Lucrative Visa. Any non-compliance could negatively affect future immigration processes.

You must not exceed 90 days within any 180-day period. Overstaying could result in fines, deportation, or denial of future residency applications.

Long-Term Residency (Over 90 Days)

If you're planning to live in Spain after Brexit for more than 90 days, you'll need a legal residency permit. Unlike before, you can't simply show up and register; now you must start the visa application process from the UK or your country of residence before arriving.

There are several options, but the most common for UK nationals is the Non-Lucrative Visa (NLV), ideal for retirees or individuals with passive income, pensions, or sufficient savings. The standard process includes:

Applying for the visa at the Spanish consulate in the UK.
Submitting documents such as a valid passport, proof of financial means, medical certificate, UK Police Certificate, and Health Insurance without co-payments.
Once approved, the visa grants an initial one-year stay.
Upon arrival in Spain, you must apply for your NIE (Foreigner Identification Number) and your residence card.

Other options include student residency (for long-term education programs) and residency as a family member of an EU citizen (e.g., your partner or spouse).

This form of long-term residency allows renewals and, after five continuous years, eligibility for permanent residency. In many cases, it also supports family reunification.

It's crucial to plan ahead, as these procedures can take weeks or even months. Complying fully with all government requirements and submitting every document properly will significantly increase your chances of approval.

Non-Lucrative Visa (NLV)

The Non-Lucrative Visa (NLV) is one of the most popular options for British citizens who want to live in Spain after Brexit without engaging in employment. It's a type of temporary residency permit that allows individuals to stay in the country for more than 90 days, provided they can demonstrate sufficient financial means without working.

This visa option has become particularly attractive for retirees, investors, or those working remotely for foreign companies (although officially, working from Spain—even online—is not permitted under this visa). It's also a good choice for people planning a temporary stay while considering permanent residency or citizenship later.

Key Requirements:

To apply for the NLV, you must meet the requirements set by the Spanish government, including:

A valid passport with at least one year of validity.
A clean criminal record, demonstrated through the UK Police Certificate translated into Spanish.
A Health Insurance policy with no co-payments and full coverage in Spain.
Proof of sufficient funds: in 2025, this means showing a monthly income of at least 400% of the IPREM (approx. €2,400/month), plus extra for each dependent.
A medical certificate stating you don’t suffer from diseases of public health concern.
Proof of accommodation in Spain (rental contract, property title, or invitation letter).

Application Process

The process has two main stages:

Visa application in the UK: All documents must be submitted to the relevant Spanish consulate. Processing usually takes 4 to 8 weeks.
Arrival and resident registration: Once approved, you have one month to travel to Spain, apply for your NIE, and obtain your foreigner identity card (TIE) from the immigration office.

Once granted, the Non-Lucrative Visa is valid for one year and can be renewed in two-year increments. After five years of continuous residence, you may apply for permanent residency. After ten years, you're eligible to begin the Spanish citizenship process, provided you’ve maintained legal and uninterrupted residency.

Benefits and Limitations

The NLV allows you to access services in Spain such as healthcare (through a qualified Health Insurance policy), schooling for children, opening bank accounts, and renting or buying property.

However, it does not permit working in Spain, either as an employee or self-employed. You also may not carry out any business activity within Spanish territory. In practice, many people with online income still use this visa, but they do so at their own legal risk.

If you intend to earn income while in Spain, you may want to explore alternatives like the entrepreneur visa, digital nomad visa, or self-employed residency depending on your situation.

Key Requirements for Living in Spain Post-Brexit

One of the most decisive aspects of living in Spain after Brexit is fully understanding the key requirements imposed by Spain to grant residency to British citizens. Since the UK left the European Union, British nationals have been reclassified from EU citizens to third-country nationals. This shift means more paperwork, more bureaucracy, and, most importantly, the need to comply with a set of specific conditions that were previously unnecessary.

These requirements go beyond the administrative sphere. They affect your access to essential services such as healthcare, the tax system, recognition of your driving license, and your day-to-day life in Spain. That's why being well-informed and prepared is crucial. Mistakes or omissions in your visa application process could lead to rejection, delays, or future legal complications.

This section outlines exactly what you'll need to prepare, how to organize your documents, and how to successfully navigate Spain's immigration process.

Residency Application Process

For British citizens, the residency application process post-Brexit is far more involved than it once was. Before, it was enough to register with the local town hall and obtain a social security number. Now, due to the loss of free movement rights, UK nationals must follow the same procedures as any non-EU foreigner.

Although there are small differences depending on the visa (like the Non-Lucrative Visa, student visa, or work visa), most applications follow a similar multi-step process:

1. Preparing your documentation

Before applying, you'll need to gather and organize the following required documents:

A valid passport with at least one year of remaining validity
Proof of financial means (bank statements, pensions, dividends)
Private Health Insurance with full national coverage, no co-payments or exclusions
A medical certificate proving you're in good health
A UK Police Certificate legalized and translated into Spanish
Proof of accommodation (rental contract, property ownership, or invitation letter)
Passport-sized photos
Official visa application form

All documents should be officially translated and legalized (e.g., through the Hague Apostille if required).

2. Submitting your application at the consulate

The application must be submitted at the Spanish consulate in the UK corresponding to your region of residence. You'll need to attend an appointment, submit all documentation, pay the application fee, and possibly undergo an interview.

This step is critical, and many applications are delayed or rejected due to incomplete or incorrect documentation.

3. Receiving your visa and traveling to Spain

If your visa is approved, the Spanish government will issue an entry visa. You typically have one month to travel to Spain and complete the next step of the process on Spanish soil.

4. Getting your NIE and TIE

Once in Spain, you must visit the Foreigners Office to apply for your NIE (Foreigner Identity Number) and TIE (Foreigner Identity Card), which confirms your legal residency in the country. This card usually has a validity of one or two years and is renewable.

If managed correctly, the full process takes about 2–3 months. If mismanaged or delayed, it can take over six months to obtain your card.

Healthcare in Spain for British Expats

Healthcare in Spain remains one of the main draws for British citizens looking to relocate. Known for its efficiency and quality, the Spanish system offers extensive medical services through both public and private providers. However, post-Brexit, UK nationals must now actively prove they have suitable health coverage as part of the residency application process, as access is no longer automatic.

Your path to healthcare depends on your visa type. Applicants for a Non-Lucrative Visa (NLV) must obtain private Health Insurance that meets strict requirements: full coverage, no co-payments, no waiting periods, and recognition by Spanish authorities. Many applications are rejected due to non-compliant policies, even if they seem valid in other countries.

For retirees, the S1 form, provided by the UK government, allows the transfer of NHS healthcare rights to Spain's public system, giving access to services such as GP visits, hospital care, and subsidized medications. However, this only applies to pensioners receiving a UK state pension and is not available to working-age residents.

Those working legally in Spain, either as employees or self-employed, contribute to Social Security and automatically gain access to public healthcare. Their dependents can usually benefit from the same coverage, making this a solid option for families.

Beyond fulfilling legal requirements, having proper healthcare coverage is vital for peace of mind—especially for older expats or those with medical conditions. Spain's healthcare system is highly regarded, with modern facilities and professional staff, and it plays a key role in choosing to live here.

Failing to meet this requirement can delay or block your residency visa, and leave you medically and financially exposed. Whether through private insurance, the S1 scheme, or Social Security, British expats must take this obligation seriously to secure both their health and legal status in Spain.

Tax and Financial Obligations

One of the most sensitive—and often misunderstood—aspects of living in Spain after Brexit is taxation. Becoming a legal resident in Spain doesn't only mean you have the right to stay in the country; it also means you must comply with a range of financial and tax obligations that can have significant consequences both locally and abroad. Many expats are surprised to learn that by spending more than 183 days per year in Spain, they are automatically considered tax residents, and therefore must declare their worldwide income to the Spanish tax authorities.

Spanish law requires both nationals and foreign residents to declare all their global income. This includes income earned in the UK, foreign investments, property abroad, pensions, dividends, rental income, and earnings from companies—even if none of that income originates in Spain. For the Spanish tax agency, what matters is not where the income comes from, but where the taxpayer lives. Therefore, if you spend most of the year in Spain—even if you keep bank accounts or assets in the UK—you will likely need to file annual tax returns in Spain and possibly pay taxes under Spanish regulations.

One of the most relevant topics for British expats is the Wealth Tax, which affects individuals with significant assets. While it doesn't apply to everyone, those with total wealth above a certain threshold must file a declaration and pay the appropriate amount. In addition, tax residents are required to submit the "Modelo 720," a declaration of overseas assets, which has gained notoriety for imposing steep fines for errors or omissions.

It's also essential to understand the double taxation treaty between Spain and the UK. This agreement is designed to prevent you from being taxed twice on the same income, allowing you to offset taxes paid in one country against those owed in the other. However, applying these rules correctly often requires the assistance of a qualified tax advisor.

On the banking front, once you become a resident in Spain, it's highly advisable to open a local bank account. This simplifies the payment of rent, utilities, social security contributions, and health insurance fees. You may also need to report any UK-based accounts to the Spanish tax authorities if the balances exceed certain limits.

In short, moving from a visitor to a post-Brexit resident involves assuming a new set of financial responsibilities. Planning ahead, maintaining organized records, and consulting with professionals can help you stay compliant and avoid unexpected tax burdens. Ignoring these matters or underestimating their importance can result in financial penalties and legal headaches, undermining your experience as an expat.

Driving in Spain with a UK License

Another practical issue British citizens face when relocating to Spain after Brexit is the validity of their UK driving license. Before Brexit, under EU rules, UK licenses were valid throughout the European Union with no need for conversion or special permits. But since the UK's official departure from the EU, these conditions have changed, and it is now essential to go through a Driving License Exchange if you plan to drive as a legal resident.

According to current Spanish law, UK nationals who become legal residents in Spain have six months from the date of entry or the issuance of their residence card to exchange their UK driving license for a Spanish one. This exchange process allows you to swap your license without having to take a driving test—either practical or theoretical—as long as you do it within the allowed time frame. If you miss this window, your UK license becomes invalid in Spain, and you'll be required to apply for a new Spanish license from scratch, including tests.

The process generally requires:

Completing the application through the DGT (Dirección General de Tráfico)
A copy of your residency card (TIE)
A valid passport
A recent passport photo
A medical fitness certificate from an authorized center
Your original UK license
Payment of the applicable fee

Though the process isn't overly complicated, it's best to start early. At certain times of the year, appointments with the DGT can be scarce, and delays could put your driving status at risk. It's also recommended to keep proof of the exchange application in case you are pulled over before the process is completed.

Note that this requirement only applies to residents. If you're in Spain temporarily as a tourist (under 90 days), you can continue driving with your UK license without needing to exchange it. However, if your intention is to stay permanently, not going through the exchange process can lead to fines, vehicle impoundment, or even difficulties obtaining car insurance in your name.

This kind of administrative procedure may seem small, but it's a clear example of how Brexit has changed day-to-day life for UK citizens abroad. It's no longer as simple as showing up and using the same documents as before. Every detail—from the NIE to your driving license—is now part of the legal framework that defines your residency in Spain.

Permanent Residency & Citizenship

One of the most common goals for British citizens who decide to live in Spain after Brexit is to eventually obtain permanent residency, and in many cases, full Spanish citizenship. While these two legal statuses are related, they are not the same. Permanent residency grants you the right to live indefinitely in Spain with nearly the same rights as Spanish nationals, whereas citizenship usually involves giving up your previous nationality and becoming a full Spanish citizen, with all the corresponding rights and responsibilities.

Since Brexit, the path towards long-term legal stability in Spain has become more structured and clearly regulated, with specific requirements regarding time spent in the country, legal continuity, good behavior, integration into Spanish society, and strict compliance with immigration laws. Therefore, anyone intending to settle long-term must start planning from the very beginning how to evolve their legal status within the country.

Path to Permanent Residency (5+ Years)

Permanent residency allows British citizens to live and work in Spain indefinitely after five years of continuous and legal residence. To qualify, you must have renewed your visa or permit (such as the Non-Lucrative Visa) properly, without significant absences—no more than 10 months total or 6 consecutive months outside Spain.

You'll also need to show good conduct, financial stability, and valid Health Insurance or public coverage. After five years, you can apply at the Immigration Office by submitting a valid passport, proof of residency, police clearance, and financial documentation.

Obtaining long-term residency offers legal stability, fewer renewals, and the possibility of family reunification. It's a key step for full integration and greater access to rights in Spain.

Applying for Spanish Citizenship (10+ Years)

After ten years of legal and continuous residency in Spain, British citizens may apply for Spanish citizenship. In most cases, this requires giving up British nationality, although certain exceptions may apply in specific circumstances. To be eligible, you must demonstrate uninterrupted residence, good civic conduct, and cultural integration, which includes knowledge of Spanish language and society.

Applicants must submit a valid passport, a legalized birth certificate, criminal record certificates from both Spain and the UK, proof of residency, and successfully pass the DELE A2 (Spanish language) and CCSE (constitutional and cultural knowledge) exams. The process is handled by the Ministry of Justice, and it can take several years to receive a resolution due to high demand and administrative backlogs.

While the process is long, the benefits of obtaining citizenship are significant. It eliminates all visa restrictions, allows you to vote in national elections, access public sector employment, and enjoy full legal equality with Spanish nationals. For many expats, acquiring citizenship is not only a legal milestone but a deeply personal affirmation of belonging.

In addition, holding a Spanish passport simplifies travel and residency rights within the Schengen Area, something particularly valuable post-Brexit, as British citizens have lost EU freedom of movement. Spanish citizenship restores many of those rights within Europe, making it appealing for frequent travelers, retirees, and international professionals.

Finally, applying for Spanish nationality shows a strong commitment to the country, its culture, and its people. It can also offer more long-term stability for families, especially those with children born or raised in Spain. While it's not a step for everyone, for those who meet the criteria and envision a permanent life in Spain, it represents the highest level of legal and social integration.

Common Challenges & Solutions

Living in Spain after Brexit presents several challenges for British citizens, especially those unfamiliar with Spanish bureaucracy. From complex paperwork and unfamiliar tax obligations, to confusion around permanent residency, driving license exchange, or access to healthcare, the transition can quickly become overwhelming. Tight deadlines, inconsistent documentation requirements, and language barriers only add to the pressure.

The most effective solution is to seek professional support from the beginning. The legal firm Enrique Sánchez, specialists in Spanish immigration law, provides tailored assistance to British citizens navigating the residency process. Whether it's managing visa applications, ensuring the correct documentation, addressing tax concerns, or guiding clients through legal procedures, their expertise helps avoid mistakes and speeds up the process.

Many expats attempt to manage everything alone and only seek help once they've received a rejection or encounter delays. This reactive approach can extend timelines and cause avoidable stress. Working with a legal team early ensures compliance with evolving post-Brexit immigration rules and helps protect your investment of time and money.

In addition, professionals like Enrique Sánchez not only handle legal matters but also provide peace of mind. They understand the specific needs of UK nationals, offer clear guidance in English, and streamline every stage—from the first visa to full residency or even citizenship. In a post-Brexit world, having trusted experts on your side can make all the difference in turning a complex move into a successful relocation.