At the moment, UK nationals in Spain can get Permanent Residence (PR) in Spain as European citizens after five accredited years in the country. This means that you have to have been registered as a European citizen and to have paid tax in this country (and Seguridad Social if you have been working). When Britain leaves the EU, these permits will presumably become PRs for non-EU citizens. Permanent Residence for non-EU citizens does not provide the same rights as EU citizenship and specifies more conditions, but does guarantee the ability to continue working and living in Spain. This is a relief for many of us, though if you want to conserve your full rights, it is best to apply for Spanish nationality (information coming shortly) unless UK nationals are given full European citizenship which is what we are fighting for. If you are in the country and do not have your papers in order, we strongly advise you to register as a European citizen as soon as possible, as well as registering with your town hall (empadronamiento). This was also advice given by the UK ambassador when we met him two weeks ago.
Permanent Residence:
Links:
Information on Permanent Residence for EU citizens (Citizens Advice Bureau Spain): https://www.citizensadvice.org.es/wp-content/uploads/RESIDENT-OR-PERMANENT-RESIDENT-DEBATE-Do-we-need-to-change-our-residency-certificates.pdf
Another useful website:
http://www.expatica.com/es/visas-and-permits/How-to-get-Spanish-citizenship_107634.html
UK government website with advice on getting initial EU residence:
https://www.gov.uk/guidance/residency-requirements-in-spain
What the Ministry of Interior says about applying for Permanent Residence:
http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja104/index.html
Conditions given on the Ministry of Interior website for Permanent Residence (which contradict Article 16):
1 you can demonstrate legal residence in Spain for five years (eg registered as an EU citizen) and:
- provide a work contract showing that you have worked for five years
- if you are self-employed, provide documentation like your 'informe laboral' which details your contributions to the social security system (Seguridad Social)
- if you have not worked, you will need to show that you have had private or public health insurance (eg from the UK). You also will need to show that you have had 'sufficient resources' to live without being a burden to the state. This is evaluated individually.
- be in full-time education showing that you have sufficient resources to maintain yourself
- be a dependent family member of an EU citizen
2 if you have the right to draw a Spanish old age pension to which you have contributed.
3 there are reductions to the five-year rule if you have lived in Spain but worked elsewhere in the EU or in cases such as incapacity due to work accidents.
DISCLAIMER If you are in doubt, contact a 'gestor' - we are not lawyers!
