SHARE
COPY LINK
For members

SPANISH CITIZENSHIP

What foreigners should be aware of before becoming residents in Spain

Whether you’re a UK citizen who is considering becoming a resident in Spain after Brexit, or a foreigner from another country who wants to make Spain their home, there are several important matters to keep in mind before making the decision.

What foreigners should be aware of before becoming residents in Spain
What should you consider before applying for residency in Spain? Photo: Hyosun Rosy/Unsplash

Spain is for many foreigners and proud Spaniards a country that oozes calidad de vida (quality of life).

In a 2019 HSBC Expat Explorer Survey the country ranked in fourth position globally as the best nation to move to for foreigners, only behind Switzerland, Canada and Singapore.

Respondents already living in Spain gave it sky-high scores for “quality of life”, “physical & mental wellbeing”, “cultural, open and welcoming communities”, “political stability” and “ease of settling in”.

If you’re reading this you may be well aware of all the things Spain has going for it, as well as the great weather, beautiful nature, delicious food and plenty more.

But you may not have considered all the implications that come with committing to Spain as a resident.

To offer some insight into these residency matters, we spoke to Margaret Hauschild Rey, an immigration lawyer whose English-speaking law firm Bennet&Rey in Madrid specialises in everything from civil to property law for its international clientele.

Tax obligations

“Many foreigners are unaware of the tax implications that come with spending long periods of time in Spain,” Hauschild Rey explains.

“Spanish authorities consider you to be a tax resident if you spend more than 180 days a year in the country.

“And it’s not just older people who are higher earners who have to be aware of this, young people who come to Spain to spend time with a partner don’t usually consider this.”

“Our advice is to speak to a fiscal adviser who is familiar with the tax systems of both Spain and the foreigner’s home country – whenever possible – if they want to get a full picture of how taxes and fiscal responsibilities compare.

“For example, there is a clause in Spain’s Civil Code which states that a third of someone’s inheritance must go to their family heirs (legítima) whereas in the UK this does not exist.”

READ ALSO:

You can’t spend too much time outside of Spain 

“Foreigners who are thinking of becoming residents in Spain are sometimes unaware that they can’t spend more than 6 months outside of Spain in one year without losing their residency rights,” Hauschild Rey says.

Over the five-year validity period if the temporary residency card, the sum of these periods outside Spain can’t exceed one year.

When after five years of continuous residency in Spain you are issued a permanent residency card, the limit for the maximum continuous time spent outside of the EU (not just Spain) is 12 months.

For foreigners with a “family member of an EU citizen” card this absence period can be longer and there are also other extenuating circumstances such as pregnancy, study or serious family matters which can lead to more leniency for all residency cards.

Costly health insurance

“A lot of foreigners know that unless you have access to public healthcare through social security contributions, you’re going to have to get private medical insurance,” Hauschild Rey explains.

“What they haven’t always necessarily factored in before committing to residency in Spain is how difficult it can be to obtain private health cover that’s well-priced or even available, especially for seniors or those with pre-existing health conditions”.

READ ALSO:

The town of Frigiliana near Málaga. Hyosun Rosy/Unsplash

Financial resources

“Foreigners from non-EU countries who haven’t come to Spain with a job and who don’t intend to work will have to prove they have sufficient income to take care of themselves and their dependants without being a burden to the state,” Hauschild Rey says.

“There isn’t an exact amount given by Spanish authorities but from my experience it’s upwards of €30,000, although the figure can vary. Obviously the more assets you can prove the better.

“After December 31st 2020, the financial requirements for British people choosing to become residents in Spain have become the same as they are for Americans, Russians, Chinese and any other non-EU national.

“Our advice to them back then was obviously to make the move to Spain and the residency application before the end of the transition period.”

IN DETAIL:

A long wait to gain Spanish citizenship

Foreigners who have legally resided in Spain for ten years can apply for Spanish citizenship, aside from nationals of South American countries and other nations such as Portugal and the Philippines which have historical ties to Spain who can apply after two years.

“Before the coronavirus pandemic, the average processing time for citizenship applications was one and a half to two years, in some cases up to three years,” Hauschild Rey recalls.

That means that getting citizenship in Spain can take at least twice as long as it does for third-country nationals residing in other EU nations such as Belgium, the Netherlands and Germany.

“In the summer of 2019 we managed to process some citizenship applications much faster as there was extra staff employed by the government to help with the Sephardic Jews’ applications, but this is now coming to an end.

“Covid and Brexit are undoubtedly slowing things down.”

READ ALSO:

The lack of dual nationality

Dual nationality in Spain is only available to the countries with historical ties mentioned above.

That means that an American, Australian or British person would have to technically renounce their own nationality for Spanish citizenship, “in the eyes of the Spanish law” as Hauschild Rey explains.

“Although the foreigner’s country of origin may not require them to have to notify authorities of the obtainment of Spanish nationality or to have to renounce their original passport, from Spain’s legal point of view you cannot have two citizenships.

“So if Spanish authorities detect that you’re using a passport other than your Spanish one, they might get in touch.” 

READ MORE: 

Member comments

  1. I would be interested in why Hauschild Rey states:

    “When after five years of continuous residency in Spain you are issued a permanent residency card, the maximum continuous time spent outside the country is 12 months and no more than 30 months of absence over a five-year period (no more than 6 months in each year).”

    when the Ley Orgánica 4/2000, de 11 de enero Artículo 32 / Residencia de larga duración / 5. La extinción de la residencia de larga duración se producirá en los casos siguientes/ c. mentions only the 12 consecutive months but makes no reference to an aggregated period over 5 years.

Log in here to leave a comment.
Become a Member to leave a comment.
For members

SPANISH CITIZENSHIP

Spanish citizenship test: how to make sure you pass

In order to get Spanish nationality, you''l need to pass an exam set by the Cervantes Institute. Here are nine tips to ensure you ace this general knowledge test about Spain with flying colours, and other practical info to be aware of.

Spanish citizenship test: how to make sure you pass

If you meet the conditions to obtain Spanish nationality, you will need to pass two tests if you’re not originally from a Spanish-speaking country.

The first test is the Prueba de Conocimientos Constitucionales y Socioculturales de España (CCSE) or Test of Constitutional and Sociocultural Knowledge of Spain (all applicants sit this) and the second is the DELE language exam (Diploma de Español como Lengua Extranjera) for those whose native language isn’t Spanish.

In this article, we’re specifically going to cover the CCSE exam, which covers topics such as government, Spanish geography, Spanish culture and history. It consists of 25 questions, which you will have to answer within a set time limit of 45 minutes to test your knowledge.

Fifteen of the questions are designed to test your knowledge of Spain’s government, legislation and rights of the citizen while the remaining ten are concerned with Spanish culture, history and society.

How do I register for the exam?

In order to take the exam, you’ll first need to register and log in online. You can do that here.

You will need to choose from a selection and places and dates where and when your exam will take place and then pay your fee of €85 in order to be registered correctly.

READ ALSO: Step by step – how to apply for Spanish nationality

Here are some tips to help you pass the exam and ensure you are successful.

1) Make sure to find out when the dates are

There are only certain dates per year when these exams take place and deadlines by when you must have registered for them. Make sure you know when these are so that you don’t miss the deadline and have to wait a long time to be able to register again.

There are many examination centres across the country click here to find out the nearest one to you. Each one of these will be able to tell you when they will be holding their exams and when you need to register by. 

2) Get to know the style of the exam and the types of questions

Each year there are 300 multiple choice questions and out of these 25 will be selected for the exam. If you answer 15 of these correctly, you will pass the exam. There are many places online where you can find out the style of the exam, including a practice one on our website here. This will get you familiar with the types of questions that might be asked and the topics covered.

3) Download the official updated manual

On the Insituto Cervantes website, you’ll find the updated manual para la preparación de la Prueba de Conocimientos for which there is a new one each year. These are the exact 300 questions and answers that will be used in that year’s exam. Click here to see the manual for 2022. This should be used as your study bible. 

Each year, 25 new questions are added and 25 old ones taken away, so you need to make sure you have the updated list for the year you will be taking the exam.

4) Find time to study

Trying to memorise the answers to potentially 300 different questions can be quite the challenge, so you need to make sure you take plenty of time to study well ahead of your exam.

As well as just studying the manual, you’ll find many online simulations where you can practise and get some idea of how you might do. There are also various apps that companies have created and YouTube videos so that you can study while on the move too.

5) Remember to bring the correct documentation with you

On the day of the exam, it’s very important that you bring the correct documents with you in order to be able to undertake the test. You will have already registered online, but on the day of the test you will need to bring verification of your registration, your original passport and your residency card.

If one of these is being renewed then you will need to make sure you bring photocopies instead.

6) Make sure you know how to fill out the exam sheet correctly

There is a particular way to fill out the multiple-choice exam sheet that you must be aware of. Putting a check or an ‘x’ in the circle will not be accepted. Instead, you’ll have to colour in the small circle, so that the exams will be able to be machine-read. They will not be marked individually by people.

7) Be patient when waiting for the results

Even though they are straightforward multiple-choice questions and there are only 25 of them, you will need to wait around 20 days to find out whether you’ve passed or not. This should be relatively easy after all, if you’re applying for citizenship, you should have lived in Spain a while (typically 10 years or more) and you’ll be used to being patient.

8) You have a second chance

If you don’t pass the test the first time around, you will be given a second chance to re-register and take the exam again. You won’t have to pay the fee again either as you already paid it the first time.

9) Focus on improving your Spanish

Even though this part isn’t a specific language test, all the questions will be in Spanish so you will need to have a pretty good grasp of the language in order to pass the test. You will definitely need to know more Spanish than the A2 level required from the Spanish language test to fully understand the questions, and if you’re aiming to become a Spanish national speaking the lingo should be a priority anyway.

READ ALSO:

SHOW COMMENTS