Question :
Dear lawyer,
BREXIT is getting closer and closer. We are a married couple and British national residents who have been in Spain for 10 years and would like to know what we should do and how we can apply for permission to live and, if needed, work in Spain. We have a property in Javea and NIE numbers. Thanks for your help.
Dear reader, thank you for your inquiry.
As we pointed out in our previous articles, it is too early to be able to give any proper legal advice to the British in Spain on what to do, or what their legal status will be in Spain and the European Union after Brexit.
For now we must reiterate that the British will remain full citizens of the European Union. However, concerning the outcome of Brexit with regard to the Brits who want to secure their residence or work in Spain or continue to do so; as we said in previous articles; that will depend on many factors, including whether the United Kingdom and the European Union permit each other the right of freedom of movement for their citizens and workers or not and if bilateral agreements are reached.
For the purposes of a possible need to obtain a residence permit, for British national wishing to reside permanently in Spain after the Brexit, there are certain documents, which may be relevant and help, in the possible future procedures that would need to be carried out.
For example, if you reside in Spain permanently, it is advisable that:
– MUNICIPAL REGISTER (PADRON): it is important that you get registered, and / or verify that you and your family are correctly registered on the municipal register of the place where you reside.
– RESIDENT INCOME TAX: It is important that you ensure that you have submitted income tax for residents in Spain. In some cases, there is the possibility that you will not be obligated to present a tax declaration, as it depends on the amount of incomes, in any case, we recommend that you do so, to ensure that you will be recorded as tax resident. It’s important to know that the Tax Administration itself could assist you with preparing your tax return for free.
-FOREIGNERS REGISTRATION (CITIZENS OF THE EUROPEAN UNION): It is also important to verify that you are correctly registered on this register and obtain the certificate of registration, also known as a green card, which includes the name, place of birth, NIE, address in Spain.
Thus, although we continue to understand that it is still too early to take concrete action, we believe that it is important that British residents in Spain make sure they have in place some documents that may be relevant, and be prepared when the time comes, to start the legal actions, or procedures that could be necessary.
If you have any questions, please contact us and we will help you
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
Carlos Baos (Lawyer)
White & Baos
Tel:+34 966 426 185
E-mail: info@white-baos.com
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