Residence in 
Gibraltar

Residence in Gibraltar

Only individuals who are registered Gibraltarians under the Gibraltar Status Act are entitled to reside and work in Gibraltar as of right. All others must apply for a residence card.

Once resident and paying social insurance (same as social security), you will be entitled to a health card with the Gibraltar Health Authority and be able to access the health service.

British and EEA passport holders

If you are British or a citizen of an EEA state, you are entitled to enter and stay in Gibraltar for up to 3 months, but if you wish to reside here, you must obtain a residence card.

You can apply for a residence card if you show proof of an employment contract in Gibraltar.

There are a number of other routes available to those without an employment contract:

  1. Register as self-employed
  2. Apply for Category 2 status (see below for details)
  3. Apply for HEPSS status (see below for further details.
  4. Apply to be Self-Sufficient, with the need to resort to public resources

Self-employed

You may work for yourself or act as a director of an income-earning business

Category 2 Status

This applies to individuals and their spouses or civil partners who have a net worth of at least £2m. A tax limit of £30,000 on worldwide income is fixed and limited business activity in Gibraltar (subject to approval) is permitted if it benefits Gibraltar.

You will need to rent or buy approved accommodation, but there is no requirement to reside here permanently.

HEPSS

The HEPSS scheme allows Higher Executives Possessing Specialist Skills to apply for residence in Gibraltar on the basis that the skills they possess are not to be found here. Tax will be payable only on the first £160,000 per annum of income under the Gross Income Based tax.

Self-Sufficient Individuals

You must obtain private medical insurance and prove that you have sufficient income to support yourself, eg, a pension.

Permanent residence – after 5 years

After an initial period of residence for 5 years, you will have the right to apply for permanent residence and will receive a red residence card which will require renewal every 10 years.

If you leave Gibraltar for 2 years or more, you will lose your permanent residence, unless you apply to be accepted as a Gibraltarian under the Gibraltar Status Act.

Gibraltarian Status – after 10 years

After 10 years of residing in Gibraltar, you may apply and become a registered Gibraltarian, which means that even if you were to leave Gibraltar for more than 2 years, you will retain your permanent residence.

Employment in Gibraltar

If you wish to work in Gibraltar, you must be registered with the Tax Office and the Department of Social Security, and complete a tax return annually.

If you are unfairly dismissed from your employment, you may apply to the Employment Tribunal for an award of compensation, or reinstatement to your previous position. You must have been employed for a minimum of 1 year to make a claim for unfair dismissal.

Driving licenses and vehicle registration

If you bring your foreign-registered vehicle to Gibraltar and become a resident, you will need to re-register the vehicle with a local number plate and pay the appropriate import duty, unless you are exempt. The vehicle will need to undergo an MOT test every two years to ensure that it is safe for the road.

You must also exchange your foreign driving licence for a Gibraltar driving license.

Schools and university

Children of residents are entitled to register their children in public schools and also apply for a grant to attend university in the United Kingdom and the rest of Europe. Gibraltar also has its own university, details of which can be found at https://www.unigib.edu.gi/

For further information about any of the above matters, you may email us on roy@lawyersonline.gi

DISCLAIMERS

Please note that the above information is for education purposes only and must not be taken as legal advice. No responsibility is taken by us for any reliance on any of the information contained on this website.