Posted: Wed Oct 14, 2020 9:01pm
To answer your question, there will be different visa classes to migrate to Spain, because as a Third Country National, that is what British Nationals will be doing. The end of Freedom of Movement meant the end of being able to just "move to Spain" - or retire to Spain - as so many have done, and I think this is where many people may be getting a bit tripped up. Pre Brexit / End transition, you could just come to Spain and settle - because we had freedom of movement, it was your right. A British passport meant no one was going to give you too much hassle, and it was easy to "fly under the Radar" if you so wished.
With the UK now becoming a "Third Country Nation", you no longer have that freedom of movement and right to settle once enjoyed. British Nationals now are in the same boat as Canadian / Australian / American / Russian / South African nationals - they must apply to migrate to Spain, and meet the requirements applicable to anyone wishing to migrate to Spain as a Third Country National. There is the most obvious choice which is the Non lucrative Visa. For this you need to demonstrate that you can support yourself financially for the 5 years it takes to become a permanent resident, hence the necessity to be able to prove an income of 27k a year. Yes - this is not a one-off - you have to prove that income at three intervals, for one year, then for two years (so 54k) then after two years, for another two years (another 54k)
This Visa Class is not aimed at retirees - unless they are wealthy. There is the so-called Golden Visa, which can be obtained with a substantial investment in property in Spain - 500.000 € and up I think. There is the Working Visa - but to get that you have to have skills not readily found in Spain and you need to be sponsored by a Spanish company. There are study visas as well, but they only count 6 months out of every 12 months towards permanent residence.
There is no specific retirement visa class applicable to the incomes of British Pensioners - and make no mistake, you WILL require one of these Visas to migrate to Spain - and that is what you will do if you are lucky enough to get one of these Visas - it's not guaranteed. You will migrate, move, take up permanent residence in another country, as surely as if you'd picked up your life and moved to Canada, America, Australia, New Zealand. The days of "the swallow", staying here for 6 months then going back to UK for 6 months are over as far as new visa classes are concerned. You will need to be here for 5 years to get permanent residence, and in that time you may not spend any more than 10 months aggregate out of the country.
Of those already here under the "old" system, those that have already done their 5 years now and have permanent residence can carry on as normal and spend up to 5 years continuous out of Spain, those that have not yet done their 5 years need to ensure, if they are flitting between the two countries, that they spend a minimum of 183 days a year in Spain to fulfill the requirement of continuous residency. Those that have in the past ignored this requirement and spent 7 or more months in the UK will find after 1/1/21 that Spain becomes a lot more "energetic" in ensuring compliance, and not spending the required 183 days a year, (if you are here under the "old" rules) will result in your residencia being withdrawn.
I'm fairly certain more than a few will scoff at this and continue to believe that "Spain needs us more than we need Spain". They will be the ones that find out the hard way, and to their detriment, that I'm not trying to scare anyone. It is what it is and Spain WILL enforce the rules.
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