The new instruction recently published allows British citizens to apply for residency in Spain from 2021 as if they were EU citizens, the process being much easier and faster, as long as they can prove that they were living in Spain before 31/12/2020.

In other words, if you were already residing in Spain before the end of 2020 (when the legal deadline expired), there is still hope of obtaining residency under identical conditions, being able to make use of the withdrawal agreement.

The easiest way to prove that you were living in Spainb efore the end of 2020 is by means of the census.

However, if this residence in Spain cannot be accredited before the end of 2021, the British citizen will be considered a citizen of a third country (non-EU) and will have to apply for a residence permit under the ordinary immigration regime.

And what are the options under the ordinary immigration regime?

We will explain them below:

Types of residence and visas in Spain.

There are two ways to classify all residence permits in Spain: the country of origin and the length of stay in Spanish territory.
Let’s look at the differences:

VISAS ACCORDING TO THE LENGTH OF STAY:
Short-stay visas: they allow you to reside in the country for 90 to 180 days, without being able to work. Known as Schengen visas.
Long-stay visas: When you are considering residing in Spain for a period of more than one year, and you are even thinking of being able to work in the country (you will need a residence permit).
When you are not only coming to Spain for tourism, and you wish to start a new life, you should apply for a 180-day visa.

TYPES OF RESIDENCE:

We have to differentiate between EU nationals, and third country nationals, being somewhat more expensive for the latter, although possible all the same.
EU CITIZENS:

Living legally in Spain for more than 3 months. You must apply for the so-called European Union registration certificate, a permanent residence permit that does not expire.
To obtain this registration, you must have a minimum of €6,000 to €9,000 in your bank account for at least three consecutive months.
Private medical insurance, covering hospital admissions, general medicine, etc.
Alternatively, you can get a job offer in Spain, which would vitiate all of the above.

THIRD COUNTRY NATIONALS:

We are going to list the different ways to obtain legal residence in Spain:

1.- Student visa: When you want to study or carry out research activities. It will be necessary to prove a bank statement of 10.000 €, and not to have a criminal record.

2.- Setting up your own company:

If the company aims to carry out an innovative project, or involves a high degree of technological application, you can apply for an entrepreneur visa.
If the project cannot be considered as innovative, you can apply for a regular residence permit (self-employed).

3.- Non-profit residence visa.
This option is for those who do not wish to work or carry out any lucrative activity.

This type of visa authorises you to live in Spain for a period of more than 90 days, for a period of 1 year from the time it is first granted.

It can be renewed after living in Spain for more than 183 days, the second granting of this visa would allow you to live in Spain for more than 2 years.

The application is initiated at the consulate of the country of origin, although there are exceptions that allow the application to be made from Spain.

What are the requirements for the non-profit visa?

Income: You must have more than €25,000 in a bank account.

Health insurance: Insurance with a Spanish company, operating only in Spain.

4.- Working in Spain for a company as an employee.
Visa as a highly qualified professional: What does it mean to have a job offer as a highly qualified professional, mainly that the position is a manager or similar, and that the salary is more than 40.000 € per year. In this case you can start the application procedure within Spain.

And, for those who receive a regular job offer, they must apply for a work permit in their country of origin.

5.- Golden visa or investor visa.

This permanent visa is granted to citizens who invest in Spain.
This investment is usually made through the purchase of a property worth more than €500,000 in the real estate sector.

6.- Residence permit as a family member of an EU citizen.

If you are a family member of a European Union citizen, then obtaining a residence and work permit in Spain is closer than you thought.

7.- Family reunification.

If you are a foreigner who has already obtained residency in Spain, good news! With the reunification process you will be able to bring your family members to Spain. This applies to spouse, children and parents.