This information has been taken from the Spanish Consulate website regarding the criteria that needs to be met for a UK passport holder wishing to reside and work in Spain after Brexit.  Currently this criteria is identical for every non EU passport holder.  From what we understand from the current legislation is that you cannot come to Spain with the intention of residing and working without having the resident and work visa previously accepted. All applications therefore must to be made in the Spanish consulate offices prior to coming to Spain.

What is my situation if I arrive in Spain after January 1st 2021? What legislation applies to me?

Unless covered by the subjective scope of the Withdrawal Agreement, United Kingdom nationals entering Spain after 1 January 2021 shall be considered as third-country nationals.  Therefore, the general immigration regime will apply to them. British citizens and their non-EU family members will be subject to all Spanish immigration rules for third-country nationals, meaning any privileges under EU freedom of movement will come to an end.

However, UK nationals and their family members who established the residence in another EU Member State before the end of the transition period in accordance with EU free movement law, will maintain their free movements rights after 31st December 2020.

In compliance with EU Regulation 2018/1806 of the European Parliament and of the Council of 14 November 2018 British passport holders travelling to Schengen countries for holidays, business or to visit family do not require a visa for stays of up to 90 days in a 180 day-period, provided the visit is not for gainful activity.  Please note that the 90 days will start counting from the date they enter any of the Schengen countries, including Spain.

British citizens and their family members will now need a visa to reside and work in Spain.

You should get an appointment by sending an email to one of the following Spanish consulates (Consulates are currently closed due to pandemic).

Your e-mail should include:
Name of the applicant
Nationality
Passport number
Telephone number
Type of visa you wish to apply for
Reason for application
Preferred date for the appointment (please note that appointments for residence visas are only available on Tuesdays and Thursdays).

SPANISH CONSULATES IN THE UK
CONSULATE GENERAL IN LONDON

20 Draycott Place, London SW3 2RZ
Tel: 020 7589 8989
Fax: 020 7581 7888
cog.londres@maec.es   

CONSULATE GENERAL IN EDINBURGH

63 North Castle Street
Edinburgh EH2 3LJ
Tel. 0131 220 1843
Fax: 0131 226 4568
cog.edimburgo@maec.es 

You will also need to provide a business plan and we are currently working with colleagues to be able to offer this service.

The non lucrative visa is for people that want to reside in Spain and not work, the financial criteria test is to show you are self sufficient.