On 23 June 2016, the United Kingdom voted to leave the European Union.
Ten years later, Brexit no longer dominates the headlines every day. However, its legal and practical consequences continue to affect thousands of British and European citizens.
Travelling, moving abroad, working, buying property, inheriting assets, marrying or divorcing across Spain and the United Kingdom no longer take place under exactly the same rules as before.
Relations between the UK and the European Union have now entered a more stable and pragmatic phase. But greater stability does not mean a return to the pre-Brexit position.
Brexit remains a legal reality, and anyone with personal, family, business or property interests in both countries should understand how it may affect them.
Ten years since the Brexit referendum
The referendum of 23 June 2016 began a long and complex political and legal process.
The United Kingdom formally left the European Union on 31 January 2020. A transition period then continued until 31 December 2020.
Since 1 January 2021, the UK has been treated as a third country in relation to the European Union.
This brought the general right of free movement between the UK and EU Member States to an end and introduced new rules governing residence, employment, travel, trade and the recognition and enforcement of certain rights.
The impact of those changes varies considerably depending on each person’s circumstances.
What has changed for British citizens in Spain?
Before Brexit, a British citizen could move to Spain under the EU rules on freedom of movement.
Today, a British citizen wishing to reside in Spain must normally comply with the immigration rules applicable to third-country nationals, unless protected by the Withdrawal Agreement.
The crucial date is 31 December 2020.
British citizens who were lawfully resident in Spain before the end of the transition period may continue to benefit from rights protected under the Withdrawal Agreement. They must, however, be able to prove their status and should ensure that their residence documentation remains valid and up to date.
Those who moved to Spain after that date, or who now wish to move here, must obtain the appropriate residence authorisation for their circumstances.
Common routes may include:
- A non-lucrative residence visa.
- A digital nomad or international teleworker visa.
- Residence and work authorisation as an employee or self-employed person.
- Residence as the family member of an EU or Spanish citizen.
- Certain transitional rights arising from earlier immigration schemes.
- Long-term residence, where the statutory requirements are met.
The correct route depends on factors such as income, employment, family relationships, professional activity and the amount of time the person intends to spend in Spain.
One of the most common misunderstandings is that owning a home in Spain automatically gives a British citizen the right to live here.
It does not.
Property ownership and legal residence are two separate matters.
Travelling between Spain and the UK is no longer the same
Brexit has also changed the rules for short visits.
As a general rule, British citizens may visit Spain and the rest of the Schengen Area without a visa for up to 90 days in any 180-day period.
This is a rolling calculation. It does not mean that a visitor can simply spend 90 days in Spain, leave briefly and immediately begin a new 90-day period.
Exceeding the permitted stay may lead to difficulties at the border, penalties or problems with later immigration applications.
Spanish and other EU citizens travelling to the UK generally need a valid passport. For many short visits, they must also obtain an Electronic Travel Authorisation, or ETA, before travelling, unless an exemption applies.
Even tourism and short business trips therefore require more planning than they did before Brexit.
Travellers should always check the official requirements shortly before departure, as entry systems and administrative procedures may change.
Buying property in Spain after Brexit
Brexit does not prevent British citizens from buying property in Spain.
British nationals may continue to purchase homes, commercial premises or land, either for personal use or as an investment.
However, buying a property does not remove the immigration restrictions that apply to non-residents.
A British owner may have a home in Spain and still be limited by the 90-days-in-180 rule unless they hold a valid residence permit or benefit from another lawful status.
Before purchasing, it is advisable to consider several issues together:
- The purpose of the purchase.
- How much time the buyer intends to spend in Spain.
- The buyer’s residence and tax position.
- Whether immigration authorisation will be required.
- How the purchase will be financed.
- The succession and inheritance implications.
- Whether the property should be acquired personally or through a company.
A properly conducted conveyancing process should therefore go beyond checking the title and signing the purchase deed.
The buyer’s wider legal, tax, immigration and succession position should also be considered.
Good planning prevents a buyer from discovering after completion that their residence, tax or inheritance position is not what they expected.
Inheritance between Spain and the United Kingdom
International estates remain one of the most complex areas affected by Brexit.
Where a British citizen owns assets in Spain, Spanish, British and European rules may all become relevant.
It may be necessary to establish:
- Which law governs the succession.
- Where the estate must be administered.
- Whether there are wills in one or both countries.
- How the Spanish assets will be transferred.
- Which inheritance taxes may apply.
- Whether the heirs require Spanish identification numbers or powers of attorney.
The EU Succession Regulation remains particularly important for estates involving assets in Spain, even though the United Kingdom did not participate in the Regulation.
A properly drafted will may include an express choice of the law of the testator’s nationality. However, that choice must be coordinated carefully with Spanish law and with any will made in the United Kingdom.
Having two wills is not necessarily a problem. Having two incompatible wills can be.
Generic online templates or uncoordinated wills may cause delays, additional costs and disputes between beneficiaries.
For people with assets in both countries, succession planning should be dealt with before a death occurs, rather than after the family is already facing an international probate process.
Divorce and international families after Brexit
Brexit has also altered the legal framework for divorces and family proceedings involving Spain and the United Kingdom.
Before Brexit, many cross-border disputes were governed by common EU regulations.
Today, the applicable framework may involve international conventions, Spanish domestic law, UK law and, depending on the issue, certain retained or transitional rules.
This may affect questions such as:
- Which country’s courts have jurisdiction.
- Which law applies to the divorce.
- Whether a judgment will be recognised in the other country.
- How financial orders can be enforced.
- Parental responsibility and child arrangements.
- International relocation or wrongful retention of children.
- The recovery and enforcement of maintenance.
The result cannot safely be determined merely by looking at the nationality of the spouses.
Habitual residence, domicile, the children’s residence, the location of assets and the timing of the proceedings may all be relevant.
In some cases, the country in which proceedings are commenced may have a significant effect on the outcome.
Anyone facing a potential dispute with connections to both Spain and the UK should therefore seek advice before taking action or agreeing to jurisdiction.
Are the UK and the European Union moving closer again?
Recent years have brought a noticeable change in tone between the United Kingdom and the European Union.
Both sides have shown an interest in closer cooperation in areas such as security, defence, energy, education, mobility and trade.
This renewed cooperation is important. It may simplify certain aspects of the relationship and create new opportunities.
However, it does not reverse Brexit.
The United Kingdom remains outside:
- The European Union.
- The EU Single Market.
- The EU Customs Union.
- The Schengen Area.
- The general system of free movement.
New sector-specific agreements may improve cooperation, but citizens and businesses should not assume that the pre-2016 rules will automatically return.
The legal consequences of Brexit remain in place unless and until specific rules are changed.
From uncertainty to planning
The early years of Brexit were marked by political uncertainty.
Ten years after the referendum, many of the rules are now clearer. The main difficulty is no longer simply the absence of information. It is understanding how several different areas of law interact in a particular case.
A decision that appears straightforward may have consequences in more than one jurisdiction.
For example:
- Buying a home may raise immigration, tax and succession issues.
- Moving to Spain may affect tax residence, healthcare and a spouse’s immigration status.
- A divorce may involve the courts and laws of two countries.
- An inheritance may require coordinated legal work in both Spain and the UK.
- A business relationship may be affected by immigration, employment and commercial rules.
Brexit therefore requires a coordinated approach rather than isolated legal advice.
The best response is neither to act out of fear nor to assume that everything continues as before.
It is to plan.
Brexit, ten years on: what now?
Brexit has not broken the relationship between Spain and the United Kingdom.
Personal, family, cultural, business and property links remain extremely strong.
Thousands of British citizens continue to live, work, retire or own property in Spain. Many Spanish citizens also retain close personal and professional links with the United Kingdom.
Those relationships continue, but they now require greater legal awareness.
Before moving country, buying or selling property, planning an inheritance, starting an international divorce or setting up a cross-border business arrangement, it is advisable to consider the full legal position.
At Bennet & Rey, we advise international clients on Spanish immigration, nationality, family law, succession matters and property transactions.
Ten years after the referendum, the question is no longer simply what Brexit changed.
The real question is how to organise your life, family and assets properly within this new legal reality.
This article provides general information only and does not constitute legal advice. Each case should be assessed according to its particular circumstances.
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