Brexit and British Nationals in Spain: What Changed

Before Brexit (31 December 2020), British nationals enjoyed freedom of movement as EU citizens — they could live, work, and retire in Spain without any visa or permit. Since 1 January 2021, British nationals are treated as third-country nationals under Spanish immigration law, subject to the same visa and residency requirements as Americans, Australians, or Canadians.

The good news is that Spain has multiple residency pathways available and British nationals continue to move to the Costa del Sol in significant numbers. The process is more complex and takes longer than it used to, but it is absolutely achievable with the right legal guidance. Our immigration lawyers in Mijas have helped many British clients navigate the post-Brexit residency process.

British Residents Before 31 December 2020: The TIE Card

If you were legally resident in Spain before 31 December 2020, you are protected by the UK-EU Withdrawal Agreement. You have the right to continue living in Spain under its terms. However, you must exchange your green EU registration certificate (certificado de registro de ciudadano de la Unión) for a biometric TIE card (Tarjeta de Identidad de Extranjero).

The TIE card confirms your Withdrawal Agreement rights. Without it, you may face difficulties at borders and when dealing with Spanish authorities. If you have not yet exchanged your certificate for a TIE, this should be a priority — contact our office for guidance.

Option 1: Non-Lucrative Visa (Visa de No Lucrativa)

The most popular residency option for British retirees and those with passive income (pensions, investments, rental income). The Non-Lucrative Visa requires you to demonstrate sufficient financial means to support yourself without working in Spain. Requirements in 2026:

  • Minimum monthly income of approximately €2,400/month per person (around 400% of Spain's monthly IPREM indicator), plus approximately €600/month per additional family member.
  • Comprehensive private health insurance covering Spain (not EHIC/GHIC — this must be a full private policy).
  • Clean criminal record (apostilled from the UK).
  • Proof of accommodation in Spain.
  • Medical certificate.

The visa is applied for at the Spanish consulate in the UK before you move. Initial visa duration: 1 year. Renewable for 2 further years (twice), after which you can apply for long-term residency. Important: you must live in Spain for at least 183 days per year to maintain the visa and your residency status, which will trigger Spanish tax residency.

Option 2: Golden Visa (Visado de Oro)

For those who invest at least €500,000 in Spanish real estate (equity, not total property value). The Golden Visa offers the significant advantage of no minimum stay requirement — you can maintain your Spanish residency without living there full-time. See our detailed guide on the Spain Golden Visa 2026.

Option 3: Digital Nomad Visa

Spain introduced the Digital Nomad Visa in 2023. It is available to non-EU nationals (including British nationals) who work remotely for foreign companies or clients. Key requirements:

  • Employment or self-employment for a foreign company (at least 3 months' employment contract or 1 year as a freelancer).
  • Minimum monthly income of approximately €2,650/month (200% of IPREM).
  • The company must have been operating for at least 1 year.
  • No more than 20% of income from Spanish clients.

The Digital Nomad Visa lasts 3 years (plus 2 year renewal) and — importantly — holders can opt for the Beckham Law (Ley Beckham), allowing them to be taxed as non-residents on Spanish income at a flat rate of 24% rather than the progressive resident rates, for the first 5 years. This can be a significant tax saving.

Option 4: Work Visa / Highly Qualified Professional

If you have a Spanish job offer, there are work visas available. The Autorización de Residencia y Trabajo requires your Spanish employer to obtain a work permit from Spanish labour authorities first. The process takes 3–4 months. Alternatively, highly qualified professionals and intra-company transferees can apply under the Ley de Emprendedores programme, which allows faster processing and includes Digital Nomad provisions.

Frequently Asked Questions

No. British nationals are now subject to the 90/180 rule — you can only stay in the Schengen Area (which includes Spain) for a maximum of 90 days in any 180-day period without a visa. If you wish to stay longer, you must have a valid Spanish residency permit. This is strictly enforced and overstaying can result in fines, deportation, and future entry bans.
The Spanish consulate in the UK typically takes 1–3 months to process a Non-Lucrative Visa application. Processing times vary by consulate. Once approved, you must travel to Spain, register your address, and obtain your TIE card within 30 days. The entire process from starting your application to having your TIE card in hand typically takes 4–6 months.
Moving to Spain does not generally affect your entitlement to the UK state pension, which continues to be paid abroad. However, other UK benefits may be affected, and you should inform the DWP of your move. UK private pensions are generally unaffected by moving to Spain, though they will be taxable in Spain as a Spanish tax resident. We strongly recommend taking both UK financial and Spanish tax advice before making any move.