Author: Margaret

The UK Parliament has recently addressed an important question: Can a British citizen travel to the UK using a non-British passport?

Below is the link: https://commonslibrary.parliament.uk/research-briefings/cbp-10344/

Where the uncertainty lies: what happens to British citizens who also hold passports from other European countries and sometimes have to travel with these passports – with the risk otherwise of losing their non-British nationality?
We are receiving many questions about this, but at the moment we cannot give a clear answer!

This raises an important legal question:
What are the actual consequences if a British citizen presents only their non-British passport?

It is not yet fully clear how carriers and border authorities will apply this in practice, particularly where dual nationality creates conflicting legal obligations.

We are currently following discussions and developments closely, but there is no definitive clarification yet.
We will keep you informed as soon as more concrete guidance becomes available.

For now, we recommend booking tickets using European nationality, if are a European citizen and you also have a British passport.
We will keep you informed.

Meanwhile we put below some links that may interest you:

British Embassy guidance:

https://www.gov.uk/guidance/living-in-spain#passports-and-travel

The Guardian:
https://www.theguardian.com/uk-news/2026/feb/22/lib-dems-home-secretary-delay-new-dual-national-border-rules#img-1

https://www.theguardian.com/politics/2026/feb/13/dual-nationals-denied-entry-to-uk-british-passport-border-control?CMP=share_btn_url

Many UK and USA nationals move to Spain with a clear lifestyle plan —
but without fully understanding how their immigration status and tax residence interact.

These are the four most common ways to come to Spain.
They are not merely administrative categories — each one may have significant tax and legal consequences.

1️⃣ As a Tourist
You may remain in Spain for up to 90 days in any 180-day period.
Exceeding this limit results in an irregular stay, which can create complications not only from an immigration perspective, but also when explaining presence in Spain to tax authorities.

2️⃣ As a Student
You may come to Spain to study Spanish or other officially recognised programmes.

Be aware that this is not residence, but a temporary stay, and it doesn’t count for example for Spanish Citizenship.

3️⃣ As a Digital Nomad
If you work remotely for a UK or USA  international company, Spain may become your legal place of residence, subject to professional and income requirements. You can also come as a free-lance worker.
✔️ This route allows residence and work in Spain.
It also requires careful coordination between immigration status and tax planning, particularly where UK or USA income, dividends or directorships are involved.

4️⃣ As a Non-Lucrative Resident
Often chosen by UK or USA nationals with investment income, pensions or other passive income streams.
✔️ This is full legal residence in Spain.
❌ It does not permit work in Spain.
Crucially, this status frequently leads to Spanish tax residence, even where clients initially assume their UK or USA  tax position remains unchanged.

At Benet & Rey, we are here to help you.

Today, 27th January 2026, the Spanish government has announced that the Council of Ministers has approved the law for the special regularisation of foreigners who are already settled in Spain – with the objective of “guaranteeing rights and giving legal certainty to an existing social reality”.

This law is the result of an agreement with the Podemos party and is a popular, legislative initiative backed by more than 700,000 signatures, consideration of which was supported by a large parliamentary majority (310 votes in favour and 33 against – all groups except Vox), thus unblocking a response that had been stalled for months.

According to the Ministry headed by Elma Saiz, with this law Spain is “reinforcing” a migration policy model “based on human rights, integration and coexistence, compatible with economic growth and social cohesion.”

Since it has been processed as a royal decree, the Government does not require parliamentary approval for it.

The consequences will be as follows:

✔️ All persons who were in Spain before December 31st 2025, and who can prove at least five months of residence, will have legal status, or be in a legally approved situation.

✔️ They will need to prove their residence in Spain through registration or other documents such as an electricity contract, a medical report or a money transfer certificate.

✔️ Those with criminal records are not included.

✔️ At the time of submission of an application, any expulsion and the return procedures will be suspended.

✔️ This regularisation can be requested until June 30th 2026.

In Spain, initiatives of this type have been approved since the first socialist government,  of Felipe González (1985-1986, with approximately 438,000 applications); also during his second term (1991, 110,000); and immediately afterwards when José María Aznar took office (1996, 21,300). Aznar repeated this process in 2000 (163,900) and then in 2001 (234,600). The last major period of regularisation came under José Luis Rodríguez Zapatero.

This information is very recent and may change. We will keep you informed.

Getting married in Spain can be an exciting step, but many international couples make avoidable legal mistakes when getting married in Spain.

1.Not knowing that in Spain you can choose between different marriage regimes

In some regions, community property ownership applies by default (assets acquired during the marriage belong to both spouses).
In others, such as Catalonia or the Balearic Islands , separate property ownership applies by default .

👉 Many international couples are surprised to discover, late in life, that their assets, income, or debts can be considered jointly owned.

2.Not knowing that your children have the right to inherit 2/3 of your estate

In Spain , the system of forced heirship (legitimacy) is very different from that of the Anglo-Saxon world. Your children are legally entitled to inherit two-thirds of your estate, even if you wish otherwise.

👉 For those with blended families, children from previous relationships, or assets in several countries, this can generate enormous conflicts.

3.Not choosing which law will apply if the couple is international.

If one or both of you are foreigners, the law applicable to the marriage is not always Spanish law .
It depends on your residence, nationality, and the place of celebration.

👉 A British-American couple married in Spain may be subject to three possible legal systems if they do not make this clear from the beginning.

4.Not signing a prenuptial agreement adapted to Spain

A prenuptial agreement is not a sign of distrust.
It is a legal tool to protect assets, avoid conflicts, and provide security for the marriage .

👉 Most of the problems we see in international divorces stem from not having regulated anything beforehand.

👩‍🎓Spain is governed in matters of divorce by EU regulations, specifically the legislation to decide what type of court handles your divorce and what law is applicable is the Brussels II Ter, Regulation (EU) 2019/1111.

Getting married well also means getting married legally . Avoiding these mistakes is an act of responsibility, love, and mutual protection.

At Bennet & Rey we are here to help you.

If you’re getting married in Spain in 2026 and need clarity on your financial arrangements, inheritance, or a prenuptial agreement, at Bennet & Rey we can help you get it right from the start.

Buying Property in Spain: 4 Essential Legal Tips for International Buyers

Buying property in Spain can be a rewarding investment, whether you are relocating, purchasing a holiday home or investing in Spanish real estate. However, the legal and financial framework is very different from other countries, and mistakes can be costly without proper legal advice.

Below are four essential legal tips for buying property in Spain, especially relevant for foreign and international buyers.

1. Set a Realistic Budget – including all Buying Costs in Spain

When purchasing property in Spain, the sale price is only part of the total cost. Buyers should also factor in:

• Property transfer tax or VAT
• Notary fees
• Land Registry costs
• Legal fees and other administrative expenses

These additional costs can amount to 10–15% of the purchase price, depending on the region and the type of property.

2. Check the Legal Status of the Property

A legal due-diligence process is essential before signing any contract. This includes verifying:

• Ownership and title at the Land Registry

• Existing mortgages, debts or charges
• Urban-planning compliance, and licences

Failing to check these issues may result in serious legal and financial consequences for the buyer.

3. Review Community Fees and the nature of the Neighbourhood

If the property is part of a community of owners, it is vital to confirm that:

• Community fees are fully paid
• There are no pending community debts

• Community rules do not restrict intended use in the future (rentals, renovations, etc.)

The neighbourhood and surrounding area should also be assessed for long-term value and suitability.

4. Instruct a Property Lawyer in Spain

Hiring an independent property lawyer in Spain is one of the most important steps in the buying process. A specialist lawyer will:

• Review contracts and reservation agreements
• Protect your interests during negotiations
• Ensure legal compliance from start to completion

This is particularly important for non-resident buyers who are unfamiliar with Spanish property law.

At Bennet & Rey, we specialise in advising international clients buying property in Spain, offering clear, practical and fully bilingual legal support throughout the entire process.

We are here to help you.

Marriage is one of the most important personal decisions a couple can make. However, many couples are unaware that marriage also automatically creates legal and financial consequences.

As a lawyer advising international and high income clients in Spain, I regularly meet couples who love and respect each other — yet later face avoidable legal and financial complications simply because these issues were not discussed in advance.

Marriage in Spain is also a legal contract that establishes a finantial marriage settlement, governing assets, debts, income, business interests, inheritance rights and the financial consequences of divorce or death.

Spain does not have a single matrimonial property system. Depending on nationality, habitual residence, regional law and place of marriage, different regimes may apply, such as shared ownership of property, or separation of assets.

Prenuptial agreements in Spain are often misunderstood. They are not a sign of distrust, but rather a tool in order to:

• provide clarity
• protect assets
• prevent conflicts
• and adapt the legal framework to the couple’s circumstances.

When a pre-nup is strongly recommended?  When there are:

• pre-marital assets
• businesses
• children from previous relationships
• inheritances
• international elements or future relocation plans

International couples frequently assume their home country’s law will apply, when in reality Spanish law and EU regulations may determine jurisdiction, the laws which apply, and enforceability.

A well-drafted prenuptial agreement is an act of:

• mutual protection,
• transparency
• and responsibility

 It avoids uncertainty and costly disputes.

Because prenuptial agreements must meet strict legal requirements in Spain, professional legal advice before marriage is essential.

If you are planning to get married in Spain and have international or complex assets, seeking legal advice before the wedding ensures legal certainty, financial clarity and peace of mind.

This service is provided by Bennet & Rey Abogados/Lawyers, a law firm in Spain, focused on international family and property law.

Margaret J. Hauschild Rey

Lawyer

Closing out the year is also a good time to express my gratitude for the trust you have placed in my legal advice over these past months.

Guiding and resolving family law, inheritance, and real estate matters is a responsibility I deeply value.

I wish you happy holidays and a 2026 filled with hope and exciting new projects.

The new Pact on Migration and Asylum is a set of rules governing border management and entry into the Schengen Area. It comprises nine regulations and one directive, harmonising procedures across all member states. It reforms the Common European Asylum System (CEAS).

When does it come into effect?

It will begin to be applied in June 2026, after a period of technical and legislative implementation.

Note that access to Europe will be more complicated, and entry and asylum controls will be carried out at its borders.

Why is it said that Europe is “taking the bull by the horns”?

Because the EU has chosen to legislate through Regulations, not Directives. Regulations are directly applicable and binding in all Member States, without the need for adaptation in each country. In other words, there will be less room for national interpretations and as result greater genuine uniformity.

Main objectives of the Pact:

• A truly common Schengen border. Hence the current SES system , which allows for faster and more unified controls.
• Mandatory solidarity between States. Each country must accept a quota of migrants, or contribute financially if it cannot assume that number.
• Strengthening the right to asylum. Streamlined processes, with common criteria and greater coordination.

How did this Pact come about?
Sustained migratory pressure, along with other recent challenges (such as the supply crisis during the pandemic and the Russian invasion of Ukraine), convinced the EU that major problems must be managed jointly. After years of negotiations—and with a particularly important role played by the Spanish Presidency of the Council of the EU in 2023 —the foundations of the agreement were established.

How will this affect us?
As 2026 approaches , you will hear much more about its practical implementation: new border procedures, data-sharing, and common obligations between states.

Today we celebrate the 15th anniversary of Bennet & Rey Abogados/Lawyers, and it’s no coincidence that it coincides with Universal Human Rights Day.

Fifteen years of stories that have touched our hearts. Families who trusted us in their most difficult moments, individuals who found in our firm a safe haven from which to defend their rights.

Running a law firm is a true adventure:

⚖️ with many different challenges,

✨ moments of great light (and others of shadow),

🤝 extraordinary colleagues from whom I continue to learn,

📚 laws that sometimes seem like secret codes, and hidden obstacles that we have overcome with hard work and dedication.

I look back and feel proud of the Margaret who started it,  and  the one that I am now – and proud of the journey that Bennet & Rey has taken.

I always say that a law firm is like a Netflix series, but better: real, unique stories full of human value. And yes, it’s worth it.

🧑‍⚖️ To those starting out in law, I’ll say: there’s room for everyone.

👩 And also for women: it’s a long and beautiful journey, where you can find a place whatever your age may be.

We also celebrate today,  the Universal Declaration of Human Rights. This is a short but essential text, as it contains, rights that are fundamental to every human being and that should be unquestionable under any regime or for any political decision. At Bennet & Rey we consider this declaration a guiding principle for our decisions and for our values ​​as a firm.

💜 Thank you to our clients (many of whom have become friends), our suppliers, collaborators, and colleagues. This anniversary is also yours.

I had the honour of being interviewed on Antena 3 TV’s special programme Hablando en Plata, hosted by Sonsoles Ónega, in an episode titled “Starting Over”. We discussed the phenomenon of “grey divorces” – separations after the age of 50, which are increasingly initiated by women.

As a lawyer specialising in family law and divorce, it was a valuable opportunity to share my experience and shed light on a growing reality.

📺 You can watch the full interview here:

https://lnkd.in/dWdBAyMU

Official Link: https://www.hablandoenplata.es/especiales/margaret-abogada-especializada-divorcios-divorcios-grises-suelen-iniciar-mujeres_2025091268c49240ca99f73feeefb933.html

At Bennet & Rey, we’re here to help you navigate these transitions with clarity and support.

Yesterday afternoon, 28th November 2025,  two British friends, Simon and Analie , arrived at Barajas Airport , and their experience illustrates how entry controls currently work for UK and third-country nationals entering the Schengen Area. This was the actual process they had to follow:

1) Digital form prior to the control
They had to complete an electronic form where they were asked:

• Expected duration of stay,
• Reason for trip (business, tourism)
• Can you prove where you’re going to be? (They both came to our house. Simon said yes because he had a copy of an email. Analie said no and had to show her passport to the police again and wait longer .) Bring a copy of your hotel reservation or an email from the owner of the house where you’re staying.
• Available financial resources (€1,020).

It is advisable to travel with access to an account with more than €1,000 and be able to provide proof of funds upon request (printed screenshot or online access). Although there is no single official amount, the police may request proof of sufficient funds depending on the duration of your trip and the country of entry.

2) Biometric control:
They went through a facial recognition machine , which compares the biometric data in the passport with the image taken at that moment. The current machine you are familiar with.

3) Final Police Check
Finally, an officer checked the passport , the consistency of the information and, if necessary, the supporting documentation.

This triple screening process is already the current standard at Barajas Airport for non-EU travelers. It will form the basis for the integration of the new European Entry and Exit System (EES), which will make these controls even more uniform.

If you are coming to Spain at Bennet & Rey Lawyers, we can help you.

[email protected]