Why arriving from the UK after 2020 falls outside the agreement

Key rules

• Cutoff: Only people lawfully living in Spain under EU free-movement rules before 31 December 2020, and living there since, are covered.
• Later arrivals: If you arrived after that date, you are a third-country national and need a visa or authorisation for stays over 90 days.
• Visa-free stays: Without a visa you can stay as a visitor for 90 days in any 180 days.
• Long absence: Permanent status is lost after more than 5 consecutive years away from Spain.

The short answer

If you first became a resident in Spain after 31 December 2020, you are not protected by the Withdrawal Agreement. Spain treats you as a third-country national. That means the same general immigration rules apply to you as to any non-EU citizen, for example an American or a Canadian.

How this differs from protected status

Protection is for people who were lawfully living in Spain under EU free-movement rules before 31 December 2020 and have lived there since. Those people keep rights that other UK citizens do not have.

Arriving later, even by a few days, puts you on the other side of that line. Having a UK passport, owning a home in Spain or visiting often before 2021 does not change this.

What it means in practice

• You need a visa or authorisation for any stay over 90 days. Do this before you move, or on arrival where the route allows.
• Without a visa you can stay only as a visitor: 90 days in any 180 days.
• You apply through a Spanish consulate. Once approved, you collect your residence card (the TIE) from the Policía Nacional.
• Routes include non-lucrative residence, work (employee or self-employed), highly qualified professional, remote worker, student and family routes. The investor "golden visa" ended in April 2025.

The decision block below helps you see which route fits your situation. Then go to the route-selection page for the details of that route.

If you lived in Spain before 2021 and left

Leaving does not automatically end protection, but long absences do. With permanent status, you keep it unless you are away from Spain for more than 5 consecutive years. If you only had temporary status, absences of more than six months a year can end it, with limited exceptions. One absence of up to twelve months for an important reason is allowed.

If your absence went past these limits, your protection is gone. You then need a new route under general Spanish law, like anyone arriving after 2020.

Family ties to an EU citizen

A family link to an EU citizen can give access to the EU-citizen family regime. This is a separate route and does not bring back Withdrawal Agreement protection. The FAQ below covers it.

Next step

Read the route-selection page, pick the route that matches your plans, and check the current requirements with the Spanish consulate that will handle your application.

Choosing between options

Which kind of residence route fits your situation if you arrived after 31 December 2020?

• Non-lucrative residence: You want to live in Spain without working there.

• Work visa (employee or self-employed): You will work for an employer or for yourself in Spain.

• Highly qualified professional or remote worker visa: You have a skilled role or work remotely for clients or employers abroad.

• Student visa: You are coming to Spain to study.

• Family route: You have a family tie to an EU citizen or a resident in Spain.

You are a third-country national under general Spanish immigration law, not under the Withdrawal Agreement, so pick the route that matches why you are moving and apply at a Spanish consulate.

Timeline and deadlines

• Arrive without a visa as a visitor: for up to 90 days in any 180 days

• Get a visa or authorisation from a Spanish consulate: before or on arrival, for any stay over 90 days

• Collect your residence card (TIE) from the Policía Nacional: after your visa route is approved and you are in Spain

• Apply for a new route under general Spanish law if you were covered before 2021 but were away too long: if you lost status through a long absence

Frequently asked questions

Can I still keep Withdrawal Agreement status if I left Spain and came back?

Yes, you can keep Withdrawal Agreement status if your time away stayed within the agreement's limits. If you were away for longer, that status is lost and you need a new route under general Spanish immigration law. Permanent holders lose status only after more than 5 consecutive years away.

How long can I stay in Spain without a visa if I arrived after 2020?

You can stay up to 90 days in any 180 days without a visa. For anything longer, you need a visa or authorisation before or on arrival, applied for through a Spanish consulate.

Can a family tie to an EU citizen help me if I arrived after 2020?

Yes, a family tie to an EU citizen can give you access to the EU-citizen family regime, but not through the Withdrawal Agreement. This is a separate route, so check it when you choose your route.