Introduction
Torrevieja remains one of the preferred destinations for many British citizens looking to buy property, spend extended periods of time or establish their residency in Spain. The climate, proximity to the Mediterranean, local services and an international community that has been established for decades continue to make the Costa Blanca a particularly attractive place to live.
What Brexit changed is the legal framework for doing so.
Until 31 December 2020, British citizens benefited from freedom of movement within the European Union. Since 1 January 2021, those who are not protected by the Withdrawal Agreement are generally treated as third-country nationals for Spanish immigration purposes.
For short stays, the general rule is a maximum of 90 days within any 180-day period. Staying in Spain for longer requires the appropriate visa or residence authorisation.
This leads to one of the questions we are most frequently asked by foreign property owners:
Does buying a property in Torrevieja give me the right to live in Spain?
The answer is no.
Buying property and obtaining Spanish residency are two separate legal processes, with different requirements and consequences.
If you are considering purchasing a home at the same time as moving to Spain, our guide to Buying Property in Torrevieja: Legal Steps Every Foreigner Must Know explains the property side of the process in detail.
In this 2026 guide, we explain the main residency options available to British citizens and the issues that should be considered before planning a permanent move or an extended stay in Spain.
1. The Starting Point: What Is Your Current Situation?
Before choosing a visa or residence authorisation, it is essential to determine when you actually began residing in Spain.
1.1. If You Were Legally Resident in Spain Before 31 December 2020
British citizens who were legally residing in Spain before the end of the Brexit transition period may be protected by the Withdrawal Agreement between the European Union and the United Kingdom.
This status allows them to retain important residence and employment rights in Spain.
The TIE issued under the Withdrawal Agreement is currently the most practical document for proving this status. British citizens who still hold the old EU Citizen Registration Certificate, commonly known as the “green certificate”, may continue to use it as evidence of their rights where they meet the requirements of the Withdrawal Agreement.
However, since the implementation of the European Entry/Exit System (EES), there is an additional practical reason for holding a biometric TIE.
The EES electronically records the entries and exits of third-country nationals making short stays in the Schengen Area. British citizens who are legally resident in Spain and protected by the Withdrawal Agreement are not subject to the same short-stay rules when exercising their residence rights, but it is particularly important that they can properly demonstrate their resident status at the border.
For this reason, British residents who still rely solely on the old green certificate should consider obtaining a TIE. In addition to simplifying administrative procedures, a biometric residence card can make it easier to demonstrate resident status during border controls associated with the EES.
For current official information, see the European Union’s guidance on the Entry/Exit System (EES) and the UK Government’s guidance on living in Spain.
After five years of continuous legal residence, a person may acquire permanent residence rights, provided the applicable requirements are met.
1.2. If You Arrived in Spain After 1 January 2021
As a general rule, British citizens who moved to Spain after 1 January 2021 are not protected by the Withdrawal Agreement and must therefore use one of the immigration routes provided under Spanish law.
Since 20 May 2025, Spain’s new Immigration Regulations, approved by Royal Decree 1155/2024, have been in force.
There is another situation that we encounter relatively frequently: British citizens who state that they were living in Spain before 2021 but never properly regularised their position.
These cases need to be assessed individually. Historical municipal registration, healthcare documentation, bills, contracts, administrative records and other evidence may be relevant in demonstrating previous residence.
However, an application should not be submitted without first assessing what can actually be proved.
2. EES and ETIAS: What Has Changed at European Borders?
European border controls are becoming increasingly digital.
The Entry/Exit System (EES) began its progressive implementation on 12 October 2025 and has been fully operational since 10 April 2026.
The system electronically records the entry and exit of third-country nationals subject to EES rules when making short stays and uses both travel-document information and biometric data.
This makes it easier for authorities to monitor compliance with the 90 days within any 180-day period rule.
Official information is available from the European Union’s Entry/Exit System information service.
ETIAS, meanwhile, is an electronic travel authorisation intended for certain nationals of visa-exempt countries.
As of September 2026, ETIAS is not yet operational and its launch is expected in the final quarter of 2026. Current information can be checked on the official ETIAS website of the European Union.
ETIAS is not a residence permit and does not allow a person to remain in Spain beyond the period authorised for a short stay.
For a British citizen wishing to spend extended periods in Torrevieja, this distinction is fundamental:
Travelling to Spain and residing in Spain are two different legal situations.
3. What Options Are Available for Spanish Residency in 2026?
Before examining the main alternatives, it is important to clarify an issue that continues to cause confusion.
The Spanish Golden Visa Is No Longer Available for New Applications
The possibility of obtaining Spanish residency through certain investments — including the purchase of qualifying real estate worth at least €500,000 under the previous legislation — was abolished for new applications from 3 April 2025.
This does not mean that foreigners can no longer buy property in Spain.
They certainly can.
What has disappeared is the ability to use a new qualifying property investment as a route to Spanish residency through the former Golden Visa scheme.
Property ownership and residency must therefore be considered separately. If you are planning both, we recommend reading our detailed guide Do You Need a Lawyer to Buy Property in Torrevieja?, which explains the legal checks that should be completed before paying a substantial deposit.
Other routes to Spanish residency remain available, including:
- Non-Lucrative Residence.
- International Teleworking.
- Employment and self-employment authorisations.
- Certain family-based residence authorisations.
- Study stays.
- Other immigration routes depending on individual circumstances.
The appropriate route depends on something far more important than simply owning a property:
What does the person intend to do in Spain, and where does their income come from?
3.1. Non-Lucrative Residence in Spain
The Non-Lucrative Residence Visa is one of the best-known options among retirees, pensioners and people with sufficient income or assets who wish to live in Spain without carrying out employment or professional activities.
The main requirements include:
- Having sufficient financial means. The main applicant is generally required to demonstrate resources equivalent to 400% of the IPREM, with an additional 100% for each dependent family member.
- Having adequate healthcare coverage for the period of residence.
- Providing the required criminal-record certificates, properly legalised or apostilled where applicable and translated when necessary.
- Providing a medical certificate in accordance with the requirements of the procedure.
- Not carrying out employment or professional activity incompatible with this type of residence authorisation.
Using a monthly IPREM reference of €600, the amount for the main applicant is approximately €28,800 per year, with an additional €7,200 per year for each dependent family member.
These amounts should always be checked at the time the application is submitted.
Another important issue is where the procedure must be started.
As a general rule, Non-Lucrative Residence is applied for through the corresponding visa application at the competent Spanish consulate in the applicant’s country or place of legal residence.
Furthermore, following the entry into force of the new Immigration Regulations, renewal requires actual and effective residence in Spain for more than 183 days during the calendar year.
This is particularly relevant for British property owners who simply want to spend several months each year on the Costa Blanca.
Before applying for Non-Lucrative Residence, it is important to determine whether this type of authorisation genuinely corresponds with the amount of time they intend to spend in Spain.
British pensioners who are entitled to an S1 form should also examine how this healthcare entitlement affects their medical coverage in Spain.
3.2. International Teleworking — Spain’s Digital Nomad Route
People who work remotely may be eligible for the residence authorisation for international teleworkers.
It is designed for third-country nationals who work remotely using computer and telecommunications systems for companies located outside Spain.
For self-employed professionals, Spanish legislation also allows part of their professional activity to be carried out for companies located in Spain, subject to the limits established by law.
Typical requirements include:
- Evidence of a previous employment or professional relationship of at least three months.
- Evidence that the foreign company or companies meet the applicable business-activity requirements.
- An accepted university degree or professional qualification, or at least three years of professional experience.
- Compliance with the applicable Social Security requirements.
- Sufficient financial resources.
Official requirements can be checked through the Spanish Ministry of Inclusion information for international teleworkers.
In 2026, the Spanish minimum wage (SMI) is €1,221 per month. As a reference, the main applicant must therefore demonstrate 200% of the SMI, equivalent to €2,442 per month.
Additional amounts are required for accompanying family members.
A person who is legally present in Spain may, if all requirements are met, apply directly for international teleworking residence, which may be granted for up to three years.
There is also the option of applying for the corresponding visa from abroad.
This residence route permits work, but it is important to distinguish between employees and self-employed professionals because their ability to provide services to Spanish companies is not identical.
There may also be circumstances in which the special tax regime for workers moving to Spain — commonly referred to as the Beckham Law — is available.
However, this tax regime does not apply automatically simply because a person obtains an international teleworking residence authorisation.
The tax requirements must be assessed separately and the appropriate application must be made.
3.3. Residence Based on Family Relationships
Two situations that are often confused should be distinguished.
If the family member is a citizen of another European Union Member State, the EU freedom-of-movement regime and the corresponding residence card for family members of EU citizens may apply.
If the family member is a Spanish national, a specific temporary residence regime for family members of Spanish nationals has existed since May 2025.
Spouses, certain partners, children, parents and other relatives included within the legislation may qualify when they meet the requirements applicable to their circumstances.
The application procedure depends on the family relationship and on where the Spanish citizen and foreign family member are located.
For this reason, the rules of the former EU-family-member regime should not automatically be applied to every case involving a Spanish national.
4. Getting an NIE in Torrevieja: What Is It and What Is It For?
Another common mistake is confusing an NIE with Spanish residency.
The NIE — Número de Identidad de Extranjero — is a personal identification number assigned to foreigners for their economic, tax and administrative dealings in Spain.
You may need an NIE to:
- Buy property in Spain.
- Complete certain transactions before a notary.
- Pay Spanish taxes.
- Make investments.
- Deal with inheritances.
- Carry out other administrative procedures.
But having an NIE does not mean that you are a Spanish resident.
Obtaining an NIE normally requires justification of the reason for the application and the appropriate supporting documentation, including the EX-15 form, passport and evidence that the corresponding administrative fee has been paid.
For property transactions, arranging the NIE well in advance can prevent documentation problems from delaying completion.
Antón & Asociados provides a specific NIE service in Torrevieja for foreign clients who need the number for property purchases, investments and other legal or financial transactions.
Where a client is outside Spain, certain procedures may also be carried out through legal representation and a power of attorney, depending on the particular procedure.
This can allow a property transaction to be coordinated without requiring the buyer to deal with every administrative formality during a short visit to Spain.
The relationship between the NIE and a property transaction is also explained step by step in our article How to Buy Property in Spain as a Foreigner.
5. Residency, Property and Taxation: Why They Should Be Considered Together
Buying property, becoming a legal resident and becoming a Spanish tax resident are related issues, but they are not the same thing.
A person can own a property in Spain while remaining non-resident.
Similarly, a person may obtain a residence authorisation and still need to determine separately where they are considered tax resident.
For this reason, anyone planning to move permanently to Spain should consider not only immigration law but also the tax consequences of becoming resident in Spain.
Antón & Asociados provides Tax Services in Torrevieja for residents and non-residents, allowing immigration, property ownership and taxation to be considered together where appropriate.
5.1. Taxation of British Non-Resident Property Owners
Following Brexit, UK tax residents generally ceased to benefit from the treatment available under Spanish Non-Resident Income Tax rules to tax residents of the European Union and certain European Economic Area countries.
Currently, as a general rule:
- Taxpayers resident in the European Union, Iceland, Norway and Liechtenstein are subject to a 19% rate in the circumstances provided for by the Spanish Non-Resident Income Tax rules and may deduct certain expenses where the statutory requirements are met.
- Other taxpayers, generally including UK tax residents, are subject to a general rate of 24%, and expenses are generally not deductible from property income subject to the ordinary regime.
A non-resident property owner may also have to submit Modelo 210 in relation to imputed income for periods during which the property is available for their own use.
Other property-related taxes and obligations may also apply, including local IBI property tax and relevant municipal charges.
This is one of the reasons why buying a home and planning a move to Spain should not be considered entirely separately: a change in residence can also affect a person’s tax position.
5.2. When Does Someone Become Tax Resident in Spain?
The well-known 183-day rule is extremely important, but it is not the only criterion.
Spanish tax legislation also considers factors such as where a person’s principal centre or base of economic activities or interests is located, together with certain family presumptions.
It is therefore incorrect to assume that registering on the local padrón automatically makes someone tax resident.
Equally, spending fewer than 183 days in Spain does not by itself guarantee that a person can never be considered Spanish tax resident.
When someone genuinely moves their life to Spain, it is advisable to consider the tax implications before the move, including any potential reporting obligations relating to assets or rights held outside Spain.
If you are already a property owner but remain tax resident outside Spain, our Tax Services for residents and non-residents can help determine the Spanish tax obligations applicable to your circumstances.
5.3. Land Registry and Planning Status of Property in Torrevieja
In Torrevieja, Orihuela Costa and other areas of the Vega Baja, properties can sometimes have extensions that have not been registered, discrepancies between the Land Registry and Cadastre, building works carried out without the appropriate documentation or planning situations that need to be investigated before purchase.
A Land Registry extract — nota simple — is essential, but it does not always tell the whole story.
Depending on the property, it may be necessary to compare Land Registry information with:
- Cadastre records.
- Municipal documentation.
- Planning status.
- Registered charges.
- Community debts.
- The property’s legal history.
A legal review is particularly important before signing a deposit agreement (contrato de arras) or paying substantial amounts of money.
For a complete explanation of the purchase process, see Buying Property in Torrevieja: Legal Steps Every Foreigner Must Know.
If you want to understand why independent due diligence is important before signing, we have also prepared How to Avoid Property Scams in Spain: Essential Legal Tips for Expats.
That article covers issues including ownership checks, hidden charges, illegal extensions, planning problems and the risks of paying a deposit before the property’s legal status has been verified.
For buyers who want a broader overview of the complete transaction, our How to Buy Property in Spain as a Foreigner guide explains the process from obtaining an NIE to completion before the notary.
If you are already seriously considering a purchase, our Property Lawyer in Torrevieja for Foreign Buyers page explains how we assist international clients with property checks, contracts, taxes, NIE procedures and completion.
This creates an important legal distinction:
Finding the property is a commercial decision. Checking that the property can be purchased safely is a legal one.
5.4. Taxes When Buying Property in the Valencian Community
Since 1 June 2026, the general Property Transfer Tax (ITP) rate applicable to property acquisitions in the Valencian Community is 9%, unless another specific rate applies.
Where the value of the transferred property exceeds €1,000,000, the applicable rate is 11%.
New-build property transactions are normally subject to VAT and, where applicable, Stamp Duty (AJD). The precise AJD rate depends on the transaction and whether any legally available reduced rate applies.
If the seller is a non-resident, the purchaser is generally required to withhold 3% of the purchase consideration and pay it to the Spanish Tax Agency using Modelo 211.
Municipal capital gains tax (plusvalía municipal) should also be considered where applicable.
Foreign buyers should therefore calculate the complete cost of the transaction rather than looking only at the advertised property price.
Our article Do You Need a Lawyer to Buy Property in Torrevieja? explains the tax, Land Registry and due-diligence issues that should normally be reviewed before completion.
5.5. What If You Want to Rent the Property to Tourists?
Some British clients buy a property in Torrevieja intending to live there for part of the year and rent it out during other periods.
That intention should ideally be considered before purchasing the property.
Owning a property does not automatically mean that it can legally be used for tourist accommodation.
Regional regulations, municipal planning requirements and the rules of the community of owners can affect whether tourist use is possible.
Antón & Asociados provides a dedicated Tourist Licence service in Torrevieja for owners who want to determine whether their property can be legally used for holiday accommodation.
We also explain the broader regulatory situation in our article Tourist Licences on the Levante Coast.
If rental income forms part of your financial plan for the property, checking the licensing position before buying can prevent discovering afterwards that the intended use is restricted or unavailable.
For owners considering longer-term rentals instead, our guide to Tenant Rights in Spain explains landlord obligations, rental contracts, deposits and some of the legal risks foreign property investors should understand.
6. Common Mistakes to Avoid
Believing That Buying a Property Automatically Gives You Spanish Residency
It does not.
Even when the Golden Visa existed, only certain investments meeting specific legal requirements could qualify for that residence authorisation.
Buying a property and obtaining the right to live in Spain are separate legal matters.
Confusing an NIE With Residency
An NIE identifies a foreign national for administrative purposes.
It does not, by itself, constitute authorisation to live in Spain.
If you need the number for a purchase or other transaction, see our Obtaining NIE in Torrevieja service.
Applying for Residency Without Checking Where the Procedure Must Be Started
Some residence routes must be initiated through a Spanish consulate, while others allow an application to be made by a person legally present in Spain.
Assuming That Registering on the Padrón Automatically Determines Tax Residence
Municipal registration may constitute relevant evidence, but Spanish tax residence is determined according to the criteria established by tax legislation.
Taking Out Health Insurance Without Checking Whether It Meets Immigration Requirements
Not every policy necessarily provides the coverage required for every residence procedure.
Submitting Foreign Documents Without the Required Apostille, Legalisation or Translation
Documentation must comply with the specific requirements of the relevant immigration procedure.
Failing to Check the Validity of Certificates and Documents
Expiry dates should be reviewed before an application is submitted.
Waiting Until the Last Minute to Renew a Residence Authorisation
Preparing in advance makes it possible to identify documentation problems before they affect the renewal.
Signing a Deposit Contract Before Carrying Out Legal Checks on the Property
A legal, Land Registry and, where necessary, planning review should be carried out before substantial sums are paid.
For more information about these risks, read How to Avoid Property Scams in Spain.
7. Frequently Asked Questions About Spanish Residency After Brexit
Can I Get Spanish Residency by Buying a House in Torrevieja?
No. Buying property does not automatically give you Spanish residency.
The former Golden Visa allowed qualifying investors to obtain a residence authorisation through certain investments, but this route was abolished for new applications from 3 April 2025.
British citizens can still buy property in Spain, but they must use a residence route appropriate to their personal circumstances if they wish to live here.
If you are considering buying before moving permanently, see our legal guide to buying property in Torrevieja.
How Much Money Do I Need for Non-Lucrative Residence in 2026?
Using a monthly IPREM reference of €600, the main applicant must demonstrate resources equivalent to 400% of the IPREM — approximately €28,800 per year.
Approximately €7,200 per year is added for each dependent family member.
These amounts should always be checked immediately before an application is submitted.
What Is the Difference Between NIE and TIE?
The NIE is the identification number assigned to a foreign national for administrative purposes.
The TIE is a physical identity card that records, among other information, the administrative status of certain foreign residents in Spain.
They are not the same thing.
If you require an NIE for a property purchase, investment or other legal transaction, see Obtaining NIE in Torrevieja.
I Am Protected by the Withdrawal Agreement. Does the 90/180-Day Rule Apply to Me While I Am in Spain?
If you are correctly protected as a beneficiary of the Withdrawal Agreement and legally resident in Spain, the time you spend residing in Spain is not treated as a 90-day tourist stay.
When travelling, it is important to carry documentation proving your resident status.
Can I Work With a Non-Lucrative Residence Permit?
The Non-Lucrative Residence authorisation is not intended for carrying out employment or professional activities in Spain.
If you intend to continue working remotely, other alternatives should be considered, particularly the international teleworking residence route.
How Long Does a Spanish Residency Application Take?
It depends entirely on the residence authorisation and procedure involved.
Some applications are processed through Spanish consulates, others through Immigration Offices, while international teleworker applications are dealt with under their own specific procedures.
The administrative processing time is only part of the process.
Applicants may also need time to obtain criminal-record certificates, apostilles, translations, medical certificates and other supporting documentation.
It is therefore advisable to prepare the application in advance rather than planning a move based solely on a theoretical processing time.
When Can I Apply for Long-Term Residence in Spain?
As a general rule, long-term residence may be obtained after five years of legal and continuous residence in Spain, provided the applicable legal requirements are satisfied.
When Can a British Citizen Apply for Spanish Nationality?
For British citizens, the general requirement is ten years of legal, continuous residence immediately preceding the application, unless circumstances exist that allow a shorter period to apply.
The remaining legal requirements for Spanish nationality must also be satisfied.
My Spanish Residency Application Has Been Refused. Can I Appeal?
Potentially, yes, but the decision should be reviewed immediately.
The applicable deadline and method of challenge depend on the type of decision.
Depending on the circumstances, an administrative appeal and/or proceedings before the Spanish administrative courts may be available.
It should not be assumed that every refusal has the same 30-day appeal period. The decision itself should identify the available remedies and their respective deadlines.
8. Before Moving to Spain, Review Your Complete Legal Situation
Brexit does not prevent a British citizen from living in Spain, but it does mean that the process requires more careful planning.
A retired person who wants to live permanently in Torrevieja, a professional working remotely from Spain for a British company and someone married to a Spanish citizen may have three completely different routes to residence.
Buying property introduces additional considerations: taxation, Land Registry status, planning issues, purchase taxes, NIE requirements and the implications of potentially becoming tax resident in Spain.
For those combining relocation with a property purchase, we recommend reading How to Buy Property in Spain as a Foreigner before making financial commitments.
If you have already identified a particular property, Do You Need a Lawyer to Buy Property in Torrevieja? explains the checks that should ideally take place before signing or paying a substantial deposit.
At Antón & Asociados Abogados — Lawyers in Torrevieja, we work with international clients who buy property, move their residence to Spain or need assistance organising their legal and tax obligations as property owners.
Before beginning an application, we assess the client’s individual circumstances and determine which route genuinely corresponds to their situation.
In some cases, the appropriate decision is to begin the procedure immediately.
In others, it is preferable to prepare the necessary documentation first or properly plan the change of residence.
Request a Consultation With Our Lawyers in Torrevieja
If you are planning to move to Torrevieja after Brexit, we can review your individual circumstances, assess the residence route that may be appropriate and identify the documentation required to begin the procedure.
And if your move also involves purchasing a home, our Property Lawyer in Torrevieja service allows the property transaction, NIE, taxation and related legal issues to be coordinated as part of the wider process.
Antón & Asociados Abogados
Telephone: (+34) 966 92 77 60
Email: info@antonasociados.es
Office: Avenida Alfredo Nobel, 8-12, 03183 Torrevieja, Alicante, Spain
Legal assistance in English and Spanish.
This article is intended for general information purposes and does not constitute individual legal or tax advice. Immigration, tax and property regulations may change, and their application depends on the circumstances of each case.
Article reviewed by Enrique Antón — Antón & Asociados Abogados, Torrevieja
Official Sources
This guide has been prepared and updated with reference to legislation published in Spain’s Official State Gazette (Boletín Oficial del Estado – BOE), as well as official information provided by the Ministry of Inclusion, Social Security and Migration, the Ministry of Foreign Affairs, the Spanish Tax Agency, the Generalitat Valenciana and the institutions of the European Union.
