2013-03-22

Updated: Updated Life Certificate information

Overview

If you are a British citizen or British subject with right of abode in the UK, you do not require a visa to enter Spain. Other British nationals should confirm the current entry requirements with their nearest Spanish Embassy.

A valid British passport must be held for entry to and exit from Spain. There is no minimum passport validity requirement but you should ensure that your passport is valid for the duration of your visit.

This guide sets out essential information for British nationals residing in Spain, including British and Spanish pension and benefits entitlements, and vehicle and driving licence laws.

State pensions

The UK basic state pension is payable in Spain.

The state pension changed in April 2010. More people now qualify for a full basic state pension. Find out about the most important changes and what they mean to you.

To find out when you reach State Pension age, use the State Pension Age Calculator.

If you live but have not worked in Spain, you should claim your UK state pension by contacting the International Pension Centre in the UK by telephone: +44 (0)191 218 7777.

However, if you live and have worked at some point in Spain you must apply for your UK state pension via the Instituto Nacional de la Seguridad Social (INSS). You can apply online but be aware that the application form is only available in Spanish. Your claim will then be passed by the Instituto Nacional de la Seguridad Social to the International Pension Centre.

Please note, your claim for a UK State Pension may be rejected if you apply directly to the International Pension Centre (IPC) but have worked and made contributions in Spain.

Moving to Spain once in receipt of a UK state pension

If you are moving to Spain from the UK you should inform the IPC of the changes to your circumstances. This will prevent any problems with your pension payments. It will also help you to get the right access to healthcare in Spain (for more information see our page on Healthcare in Spain).

UK pension credit is not payable in Spain. If you decide to move to Spain permanently you must inform the office that pays your benefits before you leave.

Entitlement to a Spanish retirement pension

After working in more than one European Economic Area country, it is possible for your contributions from each one to be taken into account when calculating your pension or benefit. You must therefore give as much information as possible about your working life when you apply.

For information on how and when to claim your Spanish retirement pension or how your contributions in the UK can contribute toward your entitlement to a Spanish retirement pension, contact your local office of the Instituto Nacional de Seguridad Social (INSS).

Voluntary contributions

You may also be thinking about paying voluntary contributions to top up your pension entitlement in either country. For further information on paying voluntary contributions in the UK, contact HMRC. For Spain, contact the Tesorería General de Seguridad Nacional (TGSS).

Life certificates for UK state pensions

If you have received a life certificate from the UK Pension Service it is important that you reply as quickly as possible otherwise your benefit may be stopped. You’ll need to get it signed by a ‘witness’ and send it back, as instructed on the form.

Check the list of people who can witness a life certificate. This is now the same as the list of people who can ‘countersign’ a passport photo, although they don’t need to live in the UK, or have a British or Irish passport.

If you are a Spanish national, you can also apply for a “Fe de Vida” from your local civil registry (“Registro Civil”) and submit this to the IPC instead of completing the form sent by the UK Pension Service. You can get a Spanish version of the form if needed. Call the IPC on 0044 191 218 7777 for details.

Benefits in Spain

UK Benefits which you must apply for before leaving the UK

Contribution-based JSA

Statutory Maternity Pay

Statutory Sick Pay

Severe Disablement Allowance

UK Benefits which you can apply for after leaving the UK

Contribution-based Incapacity Benefit/Employment Support Allowance

Disability Living Allowance

Carer’s Allowance (Care Component)

Attendance Allowance

Industrial Injuries Disablement Benefit

Bereavement Allowance

Maternity Allowance

UK Child Benefit

Non-exportable UK benefits

The following benefits are for people who are ordinarily resident in the UK and under no circumstances are they available in Spain:

pension credit

council tax benefit

income support

housing benefit

means-tested incapacity benefit/employment support allowance

Remember – if you are in receipt of benefits, it’s an offence not to tell the Department for Work and Pensions (DWP) if your circumstances change, for example:

you are going to live or are currently living in Spain

you get married, or if you separate, divorce or are widowed

you start work, increase your earnings or your savings

If you don’t tell the DWP it could mean prosecution, imprisonment and even the confiscation of your home and possessions.

For more details visit the benefit theft website.

Spanish contribution-based benefits

Working and paying contributions in Spain gives you entitlement to a number of Spanish social security benefits. These benefits include unemployment benefit, and permanent and temporary incapacity benefit. Note that paying contributions as a self-employed worker or autónomo does not give you entitlement to unemployment benefit in Spain.

If you have worked in Spain but have been told that you do not have entitlement to Spanish social security benefits as you have not paid enough national insurance contributions, you must make sure you declare the contributions you have made in the UK. They can be used to make up any entitlement as though they were paid in Spain. Also make sure that, as for any benefit application, you apply in writing.

Spanish unemployment benefit

You should apply for unemployment benefit in Spain if you have been working here and paying contributions. Make your claim at your local employment office in Spain.

You should also state any previous periods of contributions in the UK. You can prove previous periods of contribution in the UK by filling out a CA3916 and applying for a statement of National Insurance contributions from HM Revenue & Customs to assist Unemployment Benefit claims.

Further information on Spanish unemployment benefit.

Spanish disability benefit

You should apply for incapacity benefit in Spain if you have been working here and paying contributions. Make your claim at your local INSS office.

You should also state any previous periods of contributions in the UK. You can prove previous periods of contribution in the UK by filling out a CA3916 and applying for a statement of National Insurance contributions from HM Revenue & Customs to assist Sickness Benefit claims.

Spanish means-tested benefits

Pensión de invalidez no contributiva (non-contributory invalidity pension)

You may be eligible to receive this Spanish benefit if you meet the following criteria

are aged 18 to 65 when you make your claim

have been resident in Spain for at least 5 years, of which 2 must be immediately prior to your date of claim

are affected by a disability or illness

have a low income

Pensión de jubilación no contributiva (non-contributory retirement pension)

You may be eligible to receive this Spanish benefit if you meet the following criteria:

are aged over 65 when you make your claim

have been resident in Spain for at least 10 years, between the age of 16 and state pension age, 2 of which must be immediately prior to your date of claim

have a low income

Further information on non-contributory benefits (please be aware that most information is only available in Spanish). Alternatively you can contact Spanish social services, based at your local town hall, who should be able to offer your further advice.

Taxation

Britain has a double taxation agreement with Spain to ensure people do not pay tax on the same income in both countries. The text of the current agreement can be found on the HMRC website. A new convention between the UK and Spain has been signed but is not yet in force. This is also available on the HMRC website.

In accordance with Spanish and international law, all residents in Spain (nationals and non-nationals alike) are required to declare assets or groups of assets held outside Spain. Assets may include bank accounts, securities, rights, insurance, annuities, property, etc and the declaration is a separate exercise to the annual tax return.

To reinforce this obligation, and as part of the Spanish Government’s recent anti-fraud law, the Government on 15 November 2012 passed a Royal Decree that requires all residents in Spain to file an annual informative declaration of assets held overseas by 31 March each year. Exceptionally for 2012 declarations, the deadline is 30 April 2013.

Severe penalties for incorrect, incomplete or late reporting can be incurred and the legislation also means that criminal charges can be brought in the case of non-compliance. The requirement and potential penalties are in line with standard international tax practice.

Taxation is a complex issue and it is strongly recommended that professional advice is sought. The English language page of the Spanish Tax Authority website can be found on the Agencia Tributaria website

Driving licences and vehicles

Importing your UK-registered vehicle from the UK to Spain

If you spend longer than six months of the year in Spain with your UK-registered car, Spanish law says you must register your vehicle with the Spanish authorities. For information on how to do this (including how to change your licence plate) consult the Dirección General de Trafico . The RACE (Real Automóvil Club de España) also provides useful guidance about all aspects of importing your vehicle.

Please note that it is unlikely that you will be able to register right- hand drive vehicles such as vans and commercial vehicles.

UK-registered vehicles being driven in Spain must comply with all UK requirements for road tax, M.O.T. and third party insurance covering the full time period the vehicle is used in Spain, up to the six- month limit.

Vehicle import taxes

Payment of the following taxes (or acquisition of the relevant exemption certificate[s]) is required by the Dirección General de Tráfico when importing and registering your UK vehicle.

a registration tax (or certificate of exemption) (impuesto de matriculación)

a road/traffic tax (or certifícate of exemption) (impuesto de circulación del ayuntamiento) - contact your local town hall for details

VAT.(or certificate of exemption) – IVA.

Please see the Agencia Tributaria website for more details.

Depending on your circumstances you may be exempt from one or more of these taxes. If required, you can obtain a Proof of change of address certificate (un certificado de baja consular) from your local British consulate.

Driving licences in Spain

the minimum age required to drive is 18 years

information about how to convert your UK driving licence to a Spanish Driving Licence (Spanish version only) (you may need to produce a ‘Certificate of Entitlement’ for this process, which you can apply for from the DVLA

information about registering your UK driving licence with the Spanish authorities (Spanish version only)

For further information and information sheets please visit the Dirección General de Trafico . You will be asked to select the province you live in so that you can find the closest office to you.

Replace or renew your UK licence within Spain

You should bear in mind that once your UK photocard licence expires you will not be able to renew this with the DVLA if you are residing in Spain. It may be easier to convert your UK licence to a Spanish licence before it expires.

Similarly, if your licence is lost or stolen you will not be able to replace it through the DVLA if you reside in Spain. You can apply to the DVLA for a ´certificate of entitlement’ in Spanish that can be used to apply for a Spanish driving licence.

Spanish motor insurance regulations

Spanish insurance regulations differ from those in the UK. It is important to check carefully what cover your policy provides.

Documents you should carry in the car

When driving in Spain, if stopped by the police you would need the following:

driving licence

green residents certificate

ID document (ie passport)

Traffic fines

If you receive a traffic fine while driving in Spain (eg for speeding/parking incorrectly) you can pay on the ‘pago de multas’ page of the Direccion General de Tráfico website.

If you dispute a fine you have incurred and wish to appeal, you should contact the Jefatura Provincial de Trafico (Provincial Traffic Office) where the fine was incurred. Contact details for all provincial traffic offices in Spain can be found on the Direccion General de Tráfico website.

Caravans and trailers

The British Consulate no longer issues certificates concerning British law affecting registration plates on trailers and caravans. If you are asked by Spanish authorities to provide such a certificate, please contact your nearest consulate.

Tow a car with a motorhome

Towing a car behind a motor home using an A-frame is illegal in Spain and you will be fined for using one.

Disclaimer

Please note that this information is provided as a guide only. Definitive information should be obtained from the Spanish authorities. For any of these processes, you may find it helpful to employ a gestor (a representative who carries out administrative dealings on behalf of a private customer or company) to take care of the paperwork for you.

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