A decade on from Brexit, Brits are still choosing Spain despite visa challenges

It’s incredible to think that it’s been 10 years since the Brexit referendum, when the UK voted to leave the EU. As a British expat living in Spain, helping Brits deal with the legacy of that decision has really shaped our company and has changed the process of moving to Spain.

But thankfully, Brits have not turned their backs on Spain as many had feared, and we are still seeing a huge appetite to have a holiday home here, and since COVID, even more families and working-age people coming to make Spain their full-time home.

I clearly remember the night of the referendum, on June 23rd 2016. I had been invited by Channel 4 to be one of their 12 guests to watch the results come in and comment as they did. We were in Puerto de la Duquesa on the Western Costa del Sol. At 03.30 in the morning, it was clear Leave was going to win. It was a monumental moment in history. We would now be more British than European.

The day after the referendum was strange. After getting some sleep, I had breakfast with my team to digest the results. There was shock and disbelief around the table. Would Spain still welcome Brits? How would the result affect our busy property team? Would Brits continue to buy property in Spain and move here?

There were so many concerns and unanswered questions at the time, and a lot of fear from the British resident population at large.

Everywhere, people were wondering whether Brexit would actually happen. Would there be another referendum? Society and families were divided amongst those who had voted in favour and those against, and there was a real tension in the community.

After some strong coffee, our thoughts turned to the legal consequences of Brexit and the effects on our clients. A few weeks before the referendum, we had prepared a presentation to non-Europeans on buying property in Spain and moving here. We were now familiar with the Non-Lucrative Visa and previously had acted for non-Europeans applying for a Golden Visa.

We realised that there would be no exceptions for Brits, or favours from Europe. Brits would be treated as non-Europeans, and if they wanted to move to Spain, they would require a visa. We realised there would be a big demand for this and did not have anyone doing visas or residency, so we recruited a lawyer and set up a new website to make it easy for Brits to apply for Spanish residency.

We considered the tax effects and wondered what would happen. Maybe Brits would have to pay more inheritance tax? Maybe they would pay more non-resident income tax on property ownership? Brits, as Europeans at the time, were paying 19% and non-Europeans 24%. We realised that we would have to be flexible and watch developments carefully to be able to support the current residents and those people who still wanted to move over.

By 2019, our visa and residency team had now grown to three people, and they were super busy with people trying to get in before the official departure on January 31st 2020. Our last new residency client gave us instructions on the 15th December. We got her residency before 31st December 2019. There was a mad rush from Brits to apply for residency, get NIEs and buy property.

By the end of 2019, we had acted for hundreds of clients applying for residency. What now? Would the work dry up or fall off a cliff? It was a worrying time for everyone who had built their livelihood in supporting British residents in Spain.

Well, I am pleased to say the work did not dry up at all. In fact, many Brits who had purchased a property for €500,000 or more after September 2013 were able to apply for a Golden Visa so they could live and work here. Also, we found that despite the added difficulties and additional layers of bureaucracy in moving to Spain, Brits still wanted and continue to wish to live in sunny Spain. So, we have gone from strength to strength.

10 years on from that fateful night of the referendum, we now have four people in the residency team, and Spain continues to be the chosen destination for Brits to buy property and move to Spain. We are helping clients with non-lucrative visas, EU residency, Digital Nomad Visas and visa renewals.

But it hasn’t been plain sailing. Spain got rid of the Golden Visas, which allowed people to work here as long as they bought property for over €500,000. With that visa gone, if Brits want to work in Spain, they have to apply for a work visa from the Spanish consulate. This process is long-winded and costly, and there was concern that this would cut off working-age people and families.

But in fact, COVID brought about a shift in working habits, which made remote working a reality for many more people. It also changed people’s mindsets and made quality of life, space and a safe place to call home more important. This has triggered a new wave of interest in Spain as a great place to live and raise a family, and thankfully, Spain introduced the digital nomad visa, which is helpful for mobile Brits wishing to live and work in Spain.

We are acting for more clients moving to Spain and buying property here and have seen demand increase in Costa Blanca and Almeria. This has led us to expand the business and open offices in these areas. It’s been an interesting decade, but we’re certainly optimistic about the future and sure that it will continue to attract foreign residents from around the globe.

Life continues in sunny Spain, and we and thousands of others think life is pretty sweet here. Meet the criteria for the non-lucrative visa, or digital nomad visa, and you can come and live here. Yes, there are more hoops to jump through than before, but we believe it’s well worth the effort.

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Alex Radford is the founding partner of My Lawyer in Spain.

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