As many UK nationals will know, Brexit has permanently changed residency rights for UK nationals living in or moving to the EU. In 2026, British citizens no longer benefit from EU freedom of movement and must comply with post-Brexit residency rules.
Whether you already live in Spain or are planning to move over, this guide will explain what your residency rights are, who is protected under the Withdrawal Agreement, and what UK citizens must do to live legally in the EU.
How Brexit Changed Residency Rights for UK Citizens
Before Brexit, UK nationals had the right to live, work, and retire freely across the EU. Since 01 January 2021, UK citizens have since been treated as third-country nationals under EU law.
This means:
- No automatic right to live or work in the EU
- Residency now requires visas or residence permits
- Time limits apply to stays without residency
- Rules vary depending on when you moved to the EU
- EHIC card now not valid – private health insurance needed for residents
These changes remain fully in force in 2026.
UK Citizens Living in the EU Before Brexit
If you were legally resident in the EU before 31 December 2020, your rights are protected under the EU–UK Withdrawal Agreement. In 2026, protected UK nationals have the right to live, work, and study in their host country, retain access to healthcare and social security in line with local rules, and may apply for permanent residence once residency requirements are met, provided they hold a specific residence card confirming their Withdrawal Agreement status. These rights apply only in the country of residence and are not transferable to other EU member states, meaning that moving, for example from Spain to another EU country, requires submitting a new residence application.
UK Citizens Moving to Spain After Brexit
If you moved to Spain after 01 January 2021, or are planning to move this year, you must follow non-EU immigration rules. This typically involves applying for a residency visa depending on your situation.
Examples of visas include:
- Work visas – highly skilled and intra-company transfer visas
- Self-employment or business visas
- Student visas
- Retirement or non-lucrative visas
- Digital nomad visas
The 90/180-Day Rule for UK Citizens After Brexit
A major change to Brexit residency rights is the 90/180-day rule within the Schengen area.
Without residency, UK citizens may only stay within the Schengen Area for up to 90 days in any 180-day period. You can travel freely but not work or reside long-term. Overstaying can lead to fines, entry bans, or future visa refusals. Short exits do not reset the clock.
Permanent Residency and Citizenship After Brexit
Brexit has not removed long-term settlement options.
In Spain, permanent residency is available after 5 years of legal residence and citizenship is still available after 10 years of residency.
It is important to note however, that all residency and citizenship applications are now assessed under national immigration law, not EU freedom of movement.
Common Brexit Residency Myths
- “Brexit rules may change back” – unfortunately not, they are here to stay
- “Owning property gives residency rights” – it does not
- “The 90 days reset if I leave briefly” – they do not
- “Withdrawal Agreement rights apply EU-wide” – they are country-specific
Overall, UK citizens can still live in the EU after Brexit, but only with the correct legal status. Freedom of movement has ended, and residency now requires planning, documentation, and compliance with national immigration rules.
Understanding your position in Spain, pre-Brexit or post-Brexit, is essential to protecting your rights and building a secure future. At Nockolds Lawyers Spain, our expert team can help you with understanding your position under the Brexit Withdrawal agreement, and assist you in applying for residency in the correct way. Contact us today on (+34) 951 552 254 or complete an online enquiry form, and a member of the team will be in touch.