by David Wilde 7 July 2020
OK, to summarise developments over the past four days regarding T.I.E. cards for British nationals. On Saturday, the government published a new decree in the B.O.E. (Official press release from the government). This stated that those holding a green residency card would have the OPTION to change it for a T.I.E. card (with a 10 year validity for those who have been resident for over 5 years already and 5 year validity for those who have been residents for less than 5 years). We have received no clarification as to what the benefits of changing to the T.I.E. will be and until we are told something different, I will personally not be changing my green residency card (which doesn't have an expiry date). For British nationals who are applying for residency/T.I.E. for the first time. The B.O.E. states that they must follow the current system of application. The current T.I.E. application system involves a two part process. Firstly, applicants must submit an initial application that is considered by the immigration office (extranjería), this can take up to 3 months. Secondly, once approved, they must make an appointment to go to collect their T.I.E. card (presenting more paperwork (modelo ex-23 etc)). Regarding this process, we met with the 'extranjería' (immigration) office yesterday in Benidorm. They had no real idea as to how this will work and referred us to another department in typical fashion. It is our understanding that the citizens advice bureau Spain have mounted a legal challenge to this process and have also written to the European commission. Their case is that while Britain is still in Europe, the residency process should be similar to as it is now and make it as easy as possible to become resident. The T.I.E system suggested by the government seems to make things quite difficult (especially with the 3 month wait). We are following events closely. We really need the British Embassy to get involved and to clarify the procedure. No statement has been issued by the British authorities regarding the matter since 2nd July when they stated that it wasn't compulsory/necessary to change our current residency cards. Click 'like' on our facebook page HERE to follow developments. Many Thanks!
by David Wilde 31 March 2020
Please note that this only applies to autónomos who haven't had the obligation to close their business (such as bars, restaurants, gyms etc.) We inform you about your individual situation, as you do not have an obligation to close your business, we are going to proceed to request a CESE of the self-employed for economical reasons, this means that we can request if you have invoiced in the month of March 75% less than what you invoiced in October, November, December, January, February and March. This request form can only be done we when we have the quarter ready to present, this means from April, for this reason we request that you send all your invoices as soon as possible. Once the request form has been sent, it has to be approved, if it is approved this means that you do not have to pay autónomo and you would receive 70% of your contribution base ( more or less 650€). The request for the CESE of activity can be requested form the 14/03/2020 that means that the allowance will be dated from that date, and in the case that the autonomo has been 31/03/2020 we can request the refund of it. During the next week we are going to be informing you of the new news that comes out, please take NO notice of the news that go around social media, because in a lot of cases it is fake, do not believe everything that is being said. What is being said in the Boletin Oficial del Estado (BOE) is what is true, this is where we are getting all our information. Please understand that we are working non stop due to this situation, but a lot of the measures that have been said on the media are not ready to be requested , we will keep you informed of the situation of any new changes in your own individual situation. We hope you are well, and we really hope this situation ends soon so we can get back to normal. Take care, and stay safe.
by David Wilde 26 February 2020
Click here to see our prices and how we present your tax return The Annual Spanish Tax Return can be a confusing concept. However, it is advised to present your tax return annually if you live in Spain as a resident. To briefly describe how it works, the Hacienda (Spain's central tax office) has fiscal information about all Spanish residents (both national and international). When you present a tax return, you are either agreeing with the fiscal information they have about you (and then you pay or receive back the relevant amount of tax) or you present documents to try to clarify and possibly reduce the amount of taxes that they believe you owe. The Hacienda has a lot of power available to it and it can access any records (both public and private) whenever it wishes. It may be possible that the Hacienda owe an individual money because they have paid too much tax, as is sometimes the case for low earners. The period to present your tax return runs from 1st April until 30th June 2020 and covers the previous tax year (2019 in this case) It is advisable to present a tax return if 2019 was your first year as a fiscal resident in Spain. There is currently a dual tax agreement between the U.K. and Spain which ensures you will not pay tax twice. Incomes from rentals are taxed in the country where the property is situated. It is important to add that all tax circumstances should be assessed on an individual basis. Please don't hesitate to get in touch with us if you have any questions or doubts. Click here to see our prices and how we present your tax return
SIP Card
by David Wilde 5 February 2020
In the past month, due to the uncertainties of Brexit, we have had a lot of our clients ask about the rules of entitlement to a SIP card. To respond, we recently sat down with an expert who works on the front line of the healthcare system in Spain to get some clarity. Firstly (and especially if you are from the U.K.), many other European countries do not have a card system to access healthcare. We simply turn up at the doctors' or the hospital and we receive treatment. However, Spain DOES use a card system and there is no way around it. So here goes: Am I entitled to a permanent SIP card? Really, the first misunderstanding about the SIP card is that it is permanent. I know some people have the red and grey plastic card and others have a more temporary paper card. However, just because you have the thicker card, it doesn't mean you are indefinitely entitled to healthcare. The type of card that is issued is irrelevant and depends on the policy your local health centre. I have clients whose circumstances are the same, but they have been issued a different type of card from a different medical centre. This does not affect your cover. The first condition that gives you access to healthcare is that you work in Spain either as self employed (autónomo) or you have a contract with a company and you or your employer pay social security payments. Without an active contract you are NOT entitled to healthcare. Simple. The second condition, which applies to many of my clients, is that you have an S1 certificate from another European country, you are a resident (with the green card or certificate) AND you have affiliated yourself in your local social security office (Denia in our case). If you have the S1 certificate but haven't affiliated yourself, you WON'T be covered for state healthcare. If you are a non-resident in Spain, it is necessary to have an up-to-date European health card. Only when you have this are you entitled to a TEMPORARY SIP CARD (which typically lasts several months). The idea of the temporary SIP card is to provide you with emergency treatment while you are here on holiday and does not cover more permanent treatment. The European health card should not be used if you are here for more than 6 months per year. It is important to note, if you don't have an in-date European health card or are not affiliated to the social security through active work or the S1 scheme. You will have to pay for treatment . If you no longer work, you will have to pay for treatment. I thought my SIP card was permanent! The social security department in Spain continuously audit their system to review who is entitled to healthcare and who isn't. When you walk into the doctors' or the hospital and the receptionist swipes your SIP card, a message appears on their screen. It either says you are covered or that you are 'Facturable' which means you have to pay. There is no point in getting annoyed with the receptionist as he/she are simply unable to change this status. You have to go to your local social security office to resolve the issue. It is also important to note that if your situation changes, you must inform the social security. Otherwise, it is more than likely that the system will show a conflict and you will not be covered until it is resolved. To give you an example, someone who has worked in Spain and contributed, suddenly reaches retirement age or has access to the S1. They must be very clear that the S1 or pension now covers them and not the social security payments. To conclude, my final advice would be to make sure you claim your entitlement to Spanish healthcare if you have it and don't wait until you are ill to put things in order. If you haven't validated your entitlement either through working or the S1 system, you WILL have to pay. Don't hesitate to get in touch if you have any questions about healthcare or if you need help putting your entitlement in order. Please 'like' our Facebook page to follow updates on the changing situation for European residents and non-residents in Spain . Many thanks!
by David Wilde 8 October 2019
With the uncertainty of Brexit, several of our customers have recently enquired about what it actually takes to become a Spanish National (Citizen). In this blog, I explain what to expect when applying. Please 'Like' our Facebook page for useful updates on living and working in Spain First of all, it's important to know if you qualify to apply. It is necessary to have been a registered resident in Spain for a minimum of 10 years before applying (this length of time is shorter if you are married to a Spanish citizen or if you are from certain Latin-American countries). Please note that Spain doesn't recognise dual-nationality with most nations. Therefore you would be expected to renounce your nationality (in the eyes of Spain). If you match this criteria then you will have to take two exams, the first is a language exam (level A2) and a cultural exam (CCSE). Both of these exams can be taken in Dénia, on several dates throughout the year. For more information regarding the exam structure, past papers and courses, get in touch with us. Once the exams are past, we then have to apply for several documents in your country of birth. For example, your birth certificate and police records check (all documents have to be legalised with the Hague Apostle). Due to the fact that each country has a different system, we ask the individual to apply for them online via their own government's website. We will assist you with this process. When your documentation arrives from your country of birth, we have all of the documents sworn translated into Spanish. The final stage is applying via the National College of Gestores Administrativos. It is important to note that due to the fact we apply via the National College, as opposed to the 'Ministerio de Justicia', the application times are heavily reduced. The typical amount of time it takes, should you apply yourself through the ministry, is around 3 to 4 years. Although there is no fixed time as such, we generally expect our applications back within 18 months of application. At LingoMar, we have prepared a complete package which takes care of the whole process for you. We book and pay for the exams and our immigration specialist oversees the complete administrative process. The only thing you have to do yourself is study for and pass the exams and apply for your documents from your country of birth (which we will assist you with). Our pack costs 875 Euros. This price includes IVA, all goverment taxes and charges, the exam fees and all necessary sworn document translations. Please note, the price does not include the cost of obtaining your documents from your country of birth. We are at your disposal should you wish to ask any questions or go ahead with the Spanish Nationality application. Please 'Like' our Facebook page for useful updates on living and working in Spain .
by David Wilde 30 September 2019
INDEX FOR UK NATIONALS OR THEIR FAMILY MEMBERS RESIDENT IN SPAIN BEFORE THE DATE OF WITHDRAWAL AFTER THE DATE OF WITHDRAWAL 1. With a Withdrawal Agreement 2. Without a Withdrawal Agreement BEFORE THE DATE OF WITHDRAWAL 1. I am a UK national or family member of a UK national resident in Spain before the withdrawal date, but I have never registered. What do I have to do? EU citizens, including UK nationals, who want to reside for more than three months in Spain must register at the Central Register of Foreign Nationals (Registro Central de Extranjeros). If you do not have a registration certificate as an EU citizen (a green certificate), you have to get one by requesting an appointment for the "Certificados UE" (EU Certificates) procedure at a police station in your province. For more information on this process, and on the documents you must submit, see the Immigration Portal. 2. I have tried to obtain an appointment to obtain a registration certificate, but there are no appointment times available on the internet. How can I obtain one before the withdrawal date? Due to the large number of unregistered British people who are now trying to process their cases, some police stations have no available appointments for this procedure before the withdrawal date. In any event, work is being done to optimize the appointment system. Bear in mind that not all police stations offer appointments via the internet and you may contact them by phone. See what is available here: Comisarías de Policía (Police Stations) in your province. AFTER THE DATE OF WITHDRAWAL 1. With a Withdrawal Agreement 1.1. What will my situation be? The Withdrawal Agreement provides for a transition period to be established lasting from the withdrawal date to 31 December 2020. This period may be extended. During this transition period UK nationals and their family members resident in Spain who are nationals of non-EU countries will maintain their rights derived from the application of EU law (except for the right to vote and stand in elections to the European Parliament and the right to use the EU Citizens Initiative). Once the transition period ends, the Withdrawal Agreement stipulates that your rights of residence, work, study and social security will be maintained. You have to bear in mind that the registration certificates (the green certificate) and ID cards of family members of the EU citizen obtained before the end of the transition period will subsequently serve to accredit their legal residence in Spain and benefit from the provisions of the Withdrawal Agreement. However, during the transition period you may request the issue of a Foreigner Identity Card that explicitly mentions your condition as beneficiary of the Withdrawal Agreement. Having a registration certificate in force is a guarantee of your rights as resident in Spain. You can consult this European Commission document, which includes questions and answers on who benefits from the Withdrawal Agreement and what their rights are. The rights of British citizens and their family members who begin their legal residence in Spain after the transition period will be those established by the agreement regulating future relations; if there is none, the general arrangements governing foreign residents in Spain will be applicable. For more information on the right to vote and stand in elections, see the La Moncloa website and that of the Ministry of Home Affairs. Like our facebook page for regular updates on living and working in Spain 1.2. I have a registration certificate. Can I continue to reside in Spain? Yes, you may continue to reside in Spain. In addition, both you and your family members may request a Foreigner Identity Card to be issued explicitly mentioning your condition as beneficiary of the Withdrawal Agreement, which will facilitate both administrative procedures and any crossing of the external EU border. 1.3. What is my situation if I arrive in Spain after the withdrawal date but during the transition period (from the withdrawal to 31 December 2020)? What do I have to do? The Withdrawal Agreement establishes a transition period until 31 December 2020, during which you must directly request the residence document at the office for foreign residents (Oficina de Extranjería) in the province where you live. A check will be made to ensure that you meet the same requirements as for obtaining a registration certificate as EU citizen. Once this residence document has been obtained, you will be issued the Foreigner Identity Card, explicitly maintaining your condition as beneficiary under the Withdrawal Agreement. If you already have Spanish nationality you will not have to do anything else. 1.4. Will UK nationals resident in Spain have to obtain a work permit to continue their professional activity in Spain? No. The Withdrawal Agreement protects the rights of EU citizens and British nationals, as well as their respective family members, to continue living, working or studying as they do now and under the same basic conditions as under EU law. You may therefore continue to work as now without any additional permit. 1.5. Do family members of a UK national who are nationals of non-EU countries and resident in Spain have a special status? Family members will maintain their status of family members of an EU citizen for the whole of the transition period and after. 2. Without a Withdrawal Agreement 2.1. What will my situation be? Although after the withdrawal date your status will be that of a third-country national, the Spanish Government has provided for a period of 21 months from the date of the UK's withdrawal without an agreement for the UK nationals resident in Spain before withdrawal and their family members to obtain the new documentation (Foreigner Identity Card - TIE) that provides proof of your residence in Spain. Until you obtain the necessary documents, for a period of 21 months your residence will continue to be legal. Registration certificates (the green certificate) and the cards of family members of an EU citizen will serve as proof of their legal residence in Spain for a period of 21 months after the UK's withdrawal from the EU without an agreement and until they obtain the TIE. 2.2. I have a registration certificate: 2.2.1. Can I continue to reside in Spain? Yes. Your residence will continue to be legal provided that you were resident in Spain before the withdrawal. However, before the expiry of the 21-month period following the date of withdrawal without agreement, you must obtain the Foreigner Identity Card (TIE). This document will be definitive proof of your residence in Spain. 2.2.2. How do I obtain the TIE? To obtain a TIE you must ask for an appointment and present your application in person at the police stations specified for this purpose. The certificate or EU citizen's family member card will be replaced automatically by the TIE. You will receive your TIE shortly after the application. Regardless of this ad-hoc procedure you may request any of the authorisations and permits under the migration legislation if you comply with the requirements in each case. 2.3. I don't have a registration certificate: 2.3.1. Can I continue to reside in Spain? Yes. Your residence will continue to be legal provided that you were resident in Spain before the withdrawal. However, before the expiry of the 21-month period following the date of withdrawal without agreement, you must obtain the Foreigner Identity Card (TIE). This document will be definitive proof of your residence in Spain. 2.3.2. How do I obtain the TIE? To obtain the TIE you can use the new procedure established for this purpose through the "procedure for documentation of EU nationals", presenting the application in person or via your representative, at the migration office of the province in which you live, or by electronic means. Among other requirements, you must prove that you were a resident in Spain before the withdrawal date (for example, through your certificate of registration with the local authorities, rental contract, ownership of property, employment contract, enrolment at a study centre). The procedures are as follows: One: apply for the temporary residence and work permit for a UK national at the migration office of the province where you live ("procedure for the documentation of UK nationals"). You may apply for it in person at the office (yourself, or via a representative) after obtaining an appointment. You may also apply online. Two: once the authorisation has been granted, you must request the TIE at the corresponding police station. This procedure must be done by you in person. Regardless of this ad-hoc procedure you may request any of the authorisations and permits under the migration legislation if you comply with the requirements in each case. 2.3.3. How long does it take to get a TIE? The period required to resolve the authorisation is three months. After this, you must apply for the TIE within a month of notification. 2.4 Information on the documentation: 2.4.1. Do the documents required have to be originals or copies (certified)? The documents must be original. If you apply for the authorisation online (this procedure will be available for people who do not have a registration certificate) you must submit copies of it. You are reminded that to apply online you must have an electronic signature. Any official documents required must be translated and notarised if necessary. 2.4.2. Do I have to provide proof of income? Proof of sufficient income will only be required if you do not have a registration certificate and do not engage in a professional or employment activity in Spain. 2.4.3. Do I have to submit a criminal record certificate? You do not have to submit one with your application. However, the competent authority may check whether you have a criminal record, and as a result refuse to provide documentation that may affect public order. 2.4.4. Are there any reasons could justify the submission of an application after the deadline, e.g. a serious illness? There are no grounds justifying an application submitted after the deadline, given that the 21 months from the withdrawal date is sufficiently long. 2.4.5. Can I continue to work or study in Spain while I obtain the new documentation? Yes. Provided that you are a resident in Spain before the withdrawal date, your residence during the 21 month period will continue to be legal, and you may therefore continue to work and study in Spain. 2.4.6. How much will the new residence document cost? The TIE fee payable is on the website of the Ministry of Home Affairs. 2.4.7. Can I see how my application is progressing while it is being processed? Yes, and if necessary you can provide additional documentation if the administration contacts you by email or via your postal address. If you have provided an email for the purpose of notifications, please check for possible messages. 2.4.8. What will happen if an application is rejected? What are the deadlines for appealing the decision? If your application is rejected, you must file an administrative appeal. The decision itself will indicate the procedures for filing an appeal, the deadlines and where you must file it. After this administrative examination you may take judicial action. 2.5. I have been a resident in Spain for more than 5 years. Will I be eligible for long-term residence if there is a no-deal withdrawal? Yes, provided that you meet the eligibility requirements. See Article 5 of Royal Decree-Law 5/2019 of 1 March. You should take into account the following: If you already had a permanent registration certificate, obtaining the TIE will require a procedure at the police authorities If you did not have the registration certificate, or the registration certificate is temporary in nature, another procedure at the foreign nationals office will be required in addition to one before at police authorities. In both cases your passport must be valid. 2.6. What documents do I need to cross borders within the Schengen Area? You must have a valid British passport and the document proving your status as resident in Spain (TIE with the uniform format). Within the period of 21 months from withdrawal, the provisional document (e.g. registration certificate or family member's card) will allow you to cross borders within the EU: Work is being done with the Commission to extend the provisional documents. 2.7. What documents will I need to move to another EU Member State for a period of more than 3 months? You must obtain the documentation that proves your residence in Spain as a third-country national (TIE with uniform format). However, this documentation only authorises you to reside and work in Spain. If you want to do so in another Member State, you will have to request the corresponding authorisation in that Member State under the requirements for each case in the legislation of the said country. 2.8. What is my situation if I arrive in Spain after the withdrawal date? What do I have to do? From the day following the withdrawal date, UK nationals will have the condition of third-country nationals and the general arrangements for foreigners in Spain will be applicable to them. They may not request the application of the provisions of Royal Decree-Law 5/2019, as the scope of application is limited to those who were residents before the withdrawal date. 2.9. Will UK nationals have to obtain a work permit to continue their professional activity in Spain? They must request the documentation corresponding to their new condition as third-country national within 21 months from the withdrawal date. During this period their residence in Spain is legal and they may engage in their professional activity. In any event, once they obtain the Foreigner Identity Card it will definitively accredit their residence and employment status in Spain. 2.10. Do family members of a UK national who are nationals of third countries and resident in Spain have a special status? Family members must obtain the documentation corresponding to their new condition as family members of third-country nationals within 21 months of the withdrawal date. If they hold a residence card as a family member of an EU citizen, they must apply to have it replaced by a Foreigner Identity Card at the corresponding police authorities. If they do not have the card of a family member of an EU citizen, they must apply for a residence and work permit as a family member of a UK national, at the office for foreign residents of the province where they reside. This application will be assessed on a case-by-case basis, and if it is accepted, they may then apply for the Foreigner Identity Card. NOTE: In any event, the validity period of this temporary residence and work permit will be linked to the validity of the residence and work permit of the family member who is a UK national. 2.11. How long will a UK national be allowed to leave Spain for without losing the long-term resident status? You may leave for a maximum period of 12 consecutive months. You must take into account that at the time when your status becomes one of a long-term residence, a check will be made to verify that your residence has been continuous. This is not affected by absence from Spain in the terms provided for by the law on foreign nationals. For more information, see the Immigration Portal. 2.12. How long will third-country family members of a UK national be allowed to leave Spain for without losing their resident status? They may leave for a maximum period of 12 consecutive months. You must take into account that at the time when your status becomes one of a long-term residence, a check will be made to verify that your residence has been continuous. This is not affected by absence from Spain in the terms provided for by the law on foreign nationals. For more information, see the Immigration Portal. 2.13. I am a UK national and reside in Spain. Can I travel to another Member State? To travel to another Member State of the Schengen Area, you must have a valid passport and the document proving your residence in Spain (TIE). If what you want is to travel to another EU Member State that does not belong to the Schengen Area, you must also take into account whether the EU country requires a visa. NOTE: The European Commission has presented a proposal to waive visa requirements for UK nationals for stays of less than three months, provided that European citizens receive reciprocal treatment for entry to the UK. This proposal is in the legislative procedure phase for adoption by the Council of the Union and the European Parliament. 2.14. I am a UK national resident in Spain who wishes to study at university in another Member State. What do I have to do? To study at a university in another Member State you must apply for the corresponding permit in accordance with the national law of the corresponding Member State. Take into account that the residence permit arranged by Spain under Royal Decree Law 5/2019 does not allow you to move to study in a university in other Member States. If you participate in an EU or multilateral programme that includes mobility measures, or measures that are covered by an agreement between two or more higher education institutions, it may be a good idea to request an authorisation study associated with such an agreement under Article 44 of Royal Decree 557/2011 of 20 April, approving the Regulation on Foreign Residents with respect to the right to movement within the EU for study purposes. Like our facebook page for regular updates on living and working in Spain Non official translation- This text is taken from the Moncloa government website at https://www.lamoncloa.gob.es/lang/en/brexit/howtoprepare/Paginas/190108residence.aspx
by David Wilde 9 September 2019
Update on your fiscal obligations if you own a second property in Spain.
by David Wilde 26 August 2019
We take a look at the official position of the Spanish government by translating text from the 'Moncloa' website (official government website). We have to bear in mind that the Royal Decree (law determining a no-deal scenario) was written and published in March when the UK was supposed to leave on 29th March. We would expect the same to be the case for a 31st October exit. The Royal Decree states: Although the date initially planned for the UK's withdrawal was 29 March, the European Council and the UK yesterday agreed to extend this date to 22 May (if next week the British Parliament ratifies the Withdrawal Agreement of November 2018 between the European Union and the British Government) or until 12 April (if the Withdrawal Agreement is not ratified by the British Parliament, in which case the UK must indicate what steps it intends to take). These instructions implement provisions of Royal Decree-Law 5/2019 of 1 March, which adopted contingency measures with respect to the withdrawal of Great Britain and Northern Ireland from the European Union without the agreement specified in Article 50 of the Treaty of European Union. The Instructions approved on Friday by the Council of Ministers will only be applicable if there is a no-deal withdrawal by the UK from the EU . They will be applicable starting from the date of the no-deal withdrawal. The right to reside and work Spain is the EU Member State in which most UK nationals live, with more than 300,000 registered residents. By approving these Instructions, the Government guarantees the right to reside and work in Spain for those citizens and their families who enjoyed freedom of residence and of movement within the EU. This will be done by an ad-hoc procedure to document UK nationals and their family members who are resident in Spain before the date of the no-deal withdrawal as citizens of third countries. Simplifying documentation procedures The Instructions establish a period of 21 months, as of the no-deal withdrawal date, to request the automatic replacement of the current certificates of registration as EU citizens or of the family member card of a citizen certified by the Foreigner Identity Card (Spanish acronym: TIE). During this transition period both the EU registration certificates and family member cards will be valid documents for proving the holder's legal residence in our country. For UK nationals and their family members who do not have a registration certificate or family member card, a procedure has been introduced authorising residence and work, conditional on application for the TIE. The eligibility requirements to be demonstrated by those who were resident in Spain before the date of the UK's no-deal withdrawal will be very straightforward and similar to those currently required of EU nationals. In addition, authorisation for long-term residence is made easier for British citizens and their family members who have resided legally and continuously in Spain for at least five years. Non official translation To conclude, it is my understanding that you should try to get registered as an E.U. resident (residencia) before 31st October. Failing that, the Spanish government will put in place a procedure to allow British citizens to live and work in Spain provided that they apply for and obtain a T.I.E card. For those who are resident (have residencia) already, the Spanish government will facilitate the change from having an E.U. residency card to obtaining a T.I.E. card (tarjeta de identidad de extranjero), an example of which is shown at the top of this blog post. You can be assured that at LingoMar, we will be following the next few months with great attention and will post any changes as they happen. Get in touch if you wish to make use of any of our services. Many thanks. - Like our facebook page for regular updates on living and working in Spain - Click here to see the fully translated Royal Decree document
royal decree
by David Wilde 24 August 2019
The following is an informative summary of the Royal Decree 5/2019 regarding the Spanish government position in a no-deal scenario. We have to bear in mind that this law was written and passed in March 2019 referring to the UK leaving on 29th March 2019. We expect the same to be relevant for a 31st October exit. To download the original Royal Decree 5/2019 in Spanish, click here This Royal Decree issued under the rights conferred to EU Member States as a contingency plan on the prospect of the UK withdrawing from the European Union without a plan. The Contingency plan has been put in place, we await the instructions which which outline the procedure. For the residency transition, your EU registration certificate will accredit your legal residence in Spain. Even those residing in Spain without the registration certificate before the exit date, will maintain legal residence until their situation has been resolved., Those without permanent residence, will get temporary status under the foreigners regime. For those with permanent residency the process will be almost automatic. Healthcare please note* “In relation to access to healthcare, the Royal Decree-Law establishes that Spain will continue to provide United Kingdom nationals with healthcare in Spain on the same terms and under the same conditions established prior to the withdrawal of the United Kingdom from the Union. European Union, provided that the United Kingdom complies with the following: That guarantees these same conditions to those people who have the right to receive healthcare in the United Kingdom from Spain, reciprocity that will be subject to verification within 2 months of entry into force of the Royal Decree-Law. That guarantees the reimbursement of expenses for health care provided in Spain by health services in the same terms as currently. That guarantees these same conditions to those people who have the right to receive healthcare in the United Kingdom from Spain, reciprocity that will be subject to verification within 2 months of entry into force of the Royal Decree-Law. That guarantees the reimbursement of expenses for health care provided in Spain by health services in the same terms as currently. Therefore, workers, pensioners, tourists and students who are entitled to British healthcare will continue to receive this assistance in Spain for a specific period of time, unless an international agreement (between the EU and the United Kingdom or, bilaterally, between Spain and the United Kingdom) that regulates this matter”. The EHIC is also valid for temporary stays. Once the royal decree is published, will will adjust where necessary. Translation from the Moncloa Website: ROYAL DECREE-LAW TO FACE THE CONSEQUENCES OF THE WITHDRAWAL OF THE UNITED KINGDOM OF THE UNITED KINGDOM WITHOUT AGREEMENT The purpose of the Royal Decree-Law is to adopt measures to adapt the Spanish legal system in order to face the consequences of a withdrawal from the United Kingdom of the European Union without an agreement concluded in accordance with the provisions of Article 50.2 of the Treaty. of the European Union. The measures contemplated in this Royal Decree-Law are aimed at two objectives: Preserve the interests of citizens, Spanish and British, who exercised their right to free movement before the date of withdrawal and preserve the normal development of trade flows and the economic interests of Spain. These are aimed at counteracting, as far as possible, the undesired effects derived from a withdrawal from the United Kingdom without agreement in those areas of state competence that are deemed essential to favour an adequate transition to the new situation. The Government has approved, as have other Member States of the European Union, national regulatory measures, which complement those adopted by the European Union. These are measures of a temporary nature, aimed at facilitating the movement towards the new situation derived from the consideration of the United Kingdom as a third state. In this way, they do not intend to establish the future relationship with the United Kingdom and its validity will cease when the period specified in each case expires, or before, if adopted, bilaterally and internationally as appropriate, the instruments called to regulate the relations with the United Kingdom on a lasting basis. The maintenance of the measures is conditioned to equivalent treatment by the United Kingdom, which will be verified through the mechanisms specially authorised for this purpose. In terms of content, it is structured fundamentally around two concepts: citizenship and economic activities. Although it also provides for rules of police and judicial cooperation in relation to proceedings initiated before the date of withdrawal. In citizenship, contingency measures are taken regarding residency, cross-border workers, access and exercise of professions and public employment, displaced workers, social security, health care and access to the university. In the area of ​​economic activities, measures are taken in the areas of financial services, customs, public procurement, authorisations and licenses: driving licenses, defense and dual use material, weapons and explosives, and ground transportation. In general, the measures also apply to British nationals and economic operators established in Gibraltar. The contingency measures in this area seek to protect Spanish interests and, in particular, those of Campo de Gibraltar. These are contingency measures: unilateral and temporary, since the future relationship will be defined once the UK exits, bearing in mind that any action at European level must have the approval of the Spanish authorities. Citizenship Spain is the Member State of the European Union in which a greater number of nationals of the United Kingdom reside, more than 300,000 registered, and an undetermined number of non-registered. In the United Kingdom there are at least 150,000 Spaniards. The Royal Decree-Law establishes the transition to the general immigration regime of British nationals and their families. In this way, in order to prove the legal residence of British nationals and their families, in Spain, transitory certificates of registration as a community resident issued prior to the date of withdrawal will be temporarily valid, in accordance with Directive 2004 / 38. With regard to those British nationals who have not been able to obtain the registration certificates before the date of withdrawal, their legal residence is maintained until their situation is definitively resolved. British nationals and their family members must request, before December 31, 2020, the Foreigner Identity Card, a document that will definitively prove their legal residence in Spain. The Government will approve some instructions that articulate the procedure to transit to its definitive situation, within the general regime of residence of nationals of a third state. If they already had permanent residence as European citizens, the process will be almost automatic. In another case they will be granted temporary residence, depending on the residence time accredited, in accordance with the general legislation. The issuance of new residence documents is a complex process since it is estimated that it will affect around 400,000 people, which requires a relatively long period that has been set at 21 months from the date of withdrawal. Frontier workers The procedure for the issuance of a work authorisation is regulated to the nationals of the United Kingdom who meet the condition of border workers in Spain. This is conditioned to a reciprocal treatment to the Spanish nationals by the British authorities that guarantees the maintenance of the labor activity especially in Gibraltar, where 9,000 Spanish workers are daily transferred to work. Exercise of profession and public employment Measures are included to guarantee Spaniards or nationals of member states the continuity of their professional activity in Spain, when they obtained the recognition of their professional qualifications in the United Kingdom, so that they do not have to regain recognition. It also addresses the situation of nationals of the United Kingdom who, at the time of effective withdrawal from the United Kingdom, are permanently exercising in Spain a profession or professional activity for which they have obtained recognition of their qualifications professionals, allowing them to continue exercising this profession or professional activity, even for those professions for whose access and exercise it is required to be a national of a member state. On the other hand, the application of the current legal regime for applications for the recognition of professional qualifications submitted by (i) by Spaniards or by nationals of another member state when the qualifications – qualifications – in the United Kingdom have been obtained; (ii) or by nationals of the United Kingdom when they have been obtained in the United Kingdom or in any other member state, prior to the entry into force of this Royal Decree-law or within the following five years, provided that the studies or activities that lead to its obtaining had begun prior to the withdrawal without agreement. It also regulates the regime applicable to automatic recognition training diplomas for those who are practicing in Spain a profession or professional activity on a temporary or occasional basis, to professional societies and auditors of accounts and audit societies registered in the Official Registry of Audit of Accounts. Public employment In the field of public employment, the maintenance of the status of civil servant of the Spanish public function of British nationals who hold such status at the time of withdrawal is expected. It is also envisaged that the persons who meet the personal circumstances set forth in article 57.2 of the rewritten text of the Basic Public Employees’ Statute Act: the spouse of a national of the United Kingdom, provided that they are not separated from the law, as well as their descendants and those of their spouse, provided they are not separated by law, are under the age of twenty-one or older of that dependent age. In the case of British nationals who have submitted their candidacy for selection processes prior to the effective date of departure from the United Kingdom of the EU, they must meet the requirements for admission to the public service on the date of termination of the deadline for submission of the requests to participate in them. Displaced workers and company committees It clarifies what will be the transitional regime applicable to companies established in Spain that, at the date of withdrawal, have workers temporarily posted to the United Kingdom; and the maintenance of the European Works Councils in companies or groups of companies with a Community dimension with the United Kingdom that have been set up or agreed before the date of withdrawal from the United Kingdom. Protection of social security rights The Royal Decree-Law establishes the necessary measures to protect workers and pensioners covered by the British and Spanish social security systems that exercised the freedom of residence and movement in the European Union. These measures will be applicable until a specific period and only in default or until an international agreement is signed (between the EU and the United Kingdom or, bilaterally, between Spain and the United Kingdom) that regulates the coordination of both systems on a permanent basis. The measures included in the Royal Decree-Law cover those issues that are considered most relevant and that require urgent action, such as the export of pensions, the totalization of contributions made up to the date of withdrawal from the United Kingdom for access and calculation of pensions, temporary disability (IT) and benefits for maternity, paternity and unemployment, so that: Spain will continue to pay the contributory pensions and their corresponding revaluations, even if the beneficiary resides in the United Kingdom. The payment of the supplements by minimums of the Spanish beneficiaries resident in the United Kingdom will not be suspended, although the United Kingdom will become a third state after its withdrawal from the European Union. The accumulation of periods of insurance accredited in Spain and the United Kingdom will be guaranteed prior to the date of withdrawal in order to cause the right and the calculation of pensions and benefits, provided that there is reciprocity. They will be computed in the recognition of unemployment benefits, paid by Spain, the periods quoted in the United Kingdom before the withdrawal date, provided that the latest contributions have been made in Spain and while maintaining residence in Spain. In addition, to protect the 14,000 residents in the Campo de Gibraltar (9,000 Spaniards) who commute to Gibraltar every day, these cross-border workers will be able to access the unemployment benefits recognised by Spain for the periods quoted in Gibraltar before and after the withdrawal date, without being required to have contributed to the Spanish social security system due to this contingency. Healthcare of the nationals of the United Kingdom in Spain In relation to access to healthcare, the Royal Decree-Law establishes that Spain will continue to provide United Kingdom nationals with healthcare in Spain on the same terms and under the same conditions established prior to the withdrawal of the United Kingdom from the Union. European Union, provided that the United Kingdom complies with the following: That guarantees these same conditions to those people who have the right to receive healthcare in the United Kingdom from Spain, reciprocity that will be subject to verification within 2 months of entry into force of the Royal Decree-Law. That guarantees the reimbursement of expenses for health care provided in Spain by health services in the same terms as currently. Therefore, workers, pensioners, tourists and students who are entitled to British healthcare will continue to receive this assistance in Spain for a specific period of time, unless an international agreement (between the EU and the United Kingdom or, bilaterally, between Spain and the United Kingdom) that regulates this matter. Likewise, in order to ensure the correct provision of health care, the health cards issued in favour of the nationals of the United Kingdom will remain in force, and for the temporary displacements and programmed treatments the document accrediting the health coverage in charge will be valid. of British entities. Finally, the characteristics of the billing and reimbursement procedure are established and the National Institute of Social Security (INSS) is responsible for the management of the aforementioned procedures. University access It is expected that students from the education systems of the United Kingdom or Gibraltar can continue to follow the access procedures to the Spanish University that were applicable before the date of withdrawal during the 2019-2020 and 2020-2021 academic years. In this way, students who started the last stage of their school education are protected, trusting that when they finish their studies they could access a Spanish University without problems or administrative obstacles. International police and judicial cooperation With the withdrawal of the United Kingdom, the regulations applicable in European police and judicial cooperation proceedings no longer apply. Therefore, it is necessary to clarify the transitory regime of application to police and judicial cooperation procedures, distinguishing whether they were initiated prior to the entry into force of this Royal Decree-law or later. Financial services The loss of the EU passport implies that British financial institutions will have to adapt to the regimes of third countries to continue providing services in Spain, including those services resulting from previously subscribed contracts, but with expiration after the withdrawal from the United Kingdom. With the aim of strengthening legal security, protecting the client and avoiding any risk to financial stability, the Royal Decree-Law notes that the validity of the contracts is not affected by the withdrawal of the United Kingdom, a fact that the Commission European Union has already shown in its communications. Further, a temporary regime is established to guarantee that the adaptation to the regimes of third countries does not imply a disruption in the provision of services associated with said contracts or, alternatively, facilitate the relocation or termination of the contracts if the entity does not wish to continue with its activity in Spain. The temporary regime is enabled for activities subject to authorisation. The activities related to the management of contracts that do not require authorisation may continue to be carried out without having to take advantage of the temporary regime. customs It introduces the possibility of advancing certain requests required by the customs regime with third states before the withdrawal date to avoid their concentration in the days following the departure from the United Kingdom of the European Union. Public contracting The transitory situation in which the economic operators of the United Kingdom or Gibraltar are concerned with regard to public procurement procedures is regulated. The purpose of this regulation is to provide legal certainty and not to harm those economic operators that relied on the European project and participated in public procurement procedures initiated prior to the withdrawal of the United Kingdom from the European Union, thus protecting the interests of the economic operators that exercised their rights of free movement under the freedoms conferred by the Treaties in the field of public procurement. In these cases, the British economic operators will have the same consideration as the companies belonging to the Member States of the European Union. It is also foreseen that in public procurement, where appropriate, should be held for the application of the measures contemplated in the Royal Decree-law, the procurement files may be subject to urgent processing or emergency processing, in accordance with established Law 9/2017, of November 8, on Contracts of the Public Sector. Authorisations and licenses The validity of driving licenses issued by British authorities during a period of a transitional period of nine months is recognised. In this period you can exchange your driving license for another Spanish permit, which will allow them to continue driving in our country, despite the withdrawal of the United Kingdom from the European Union. After that period of nine months, the driving licenses issued by the British authorities would be subject to the Spanish regulations for driving licenses issued by third countries, and the exchange for another Spanish will no longer be possible until, in the future, , a bilateral agreement of exchange of driving license with the United Kingdom is signed. Likewise, the authorisations granted in application of article 2 of the Regulation of foreign trade control of defense material, of other material and dual-use products and technologies, approved by Royal Decree 679/2014, of August 1, are declared valid. whose country of destination or country of origin is the United Kingdom, and which are in force. Finally, given that prior authorisations and consents of transfers of arms, explosives, pyrotechnic articles and cartridges, issued prior to the date of withdrawal from the United Kingdom of the European Union, comply with the requirements and safety conditions to have been verified suppliers and recipients, their maintenance is allowed until their expiration. It is also specified that any explosive or pyrotechnic article in whose conformity assessment procedure a United Kingdom Notified Body has participated, as of the date of withdrawal from the United Kingdom of the European Union, may not be placed on the market. Transport Measures are adopted to enable the transport of goods made by transport companies established in the United Kingdom with origin or destination in our country, provided that these companies are authorised to carry out transport in that country, with the exception of transport currently liberalised in Community legislation. . It is established, as a framework of application to the discretional transports of passengers in bus made in Spanish territory by companies established in the United Kingdom, the one foreseen in the international treaties of which both the United Kingdom and Spain or the European Union are a part , or that provided for in the standards of international organisations of which the United Kingdom, Spain or the European Union are members, since from April 1 the United Kingdom will be integrated as a full member of the Interbus Agreement. On the other hand, the validity, until its expiration date, of the authorisations of international regular passenger transport currently valid between the territory of the United Kingdom and the territory of Spain is included. Airport services With regard to airport services, the departure of the United Kingdom from the European Union would mean that the boarding and public catering services provided for flights within the European Economic Area would no longer apply. Therefore, the maintenance of these rates for flights to the United Kingdom is expected until February 28, 2020. This text and translation is credited to Myra Cecilia Azzopardi of the Citizens Advice Bureau Spain (2nd March 2019) at the following website
by David Wilde 21 August 2019
If you want to work legally in Spain, you have two options. The first is to have a work contract provided by your employer which means both you and your employer contribute with social security payments. The second is you become autónomo and you have to cover social security payments yourself. Benefits of social security contributions There are two main benefits of contributing with social security payments. The first being that if you pay into the system, you have full use of the Spanish national health service. Secondly, you will be contributing towards a Spanish pension for when you retire. Cost of becoming autónomo The minimum standard monthly fee which you have to pay to the social security is around 290 euros per month (depending on various factors). Fortunately, due to a government initiative, you will pay around 60 euros per month (depending on age/profession etc) for the first year. This fee then goes up gradually over the following year until after two years you pay the full amount. Another benefit/initiative currently in place is that if you are empadronado (on the padrón) in a village with less than 5000 inhabitants (such as Jalón, Alcalalí etc), the lower monthly rate is applicable for a full two years to give you some breathing space. Get in touch for more information regarding this initiative. Are there any other costs? It is highly recommended that your hire a fiscal advisory team and an accountant to do your books, present your quarterly tax returns and give instant advice on any fiscal issues which arise from your employment. At LingoMar we can provide a full fiscal and accountancy package for 50 euros per month (+ deductable IVA). What's more it is all provided in English. It is also necessary to present an annual tax return (between April and June of the following year) if you are self employed. We can do this for a one-off fee of 50 euros (+ deductable IVA). Of course, it will also be necessary to pay income tax (IRPF) and IVA based on your earnings. The rates are dependant on your profesional activity. Is there anything else I need to know? If your business does not go as planned or if you wish to take a break, you can sign off from being autónomo whenever you like. There is no obligation to continue. It is also important to note that as a self employed worker, your income has to be from more than one employer (with the exception of some professions). This means that a sole employer cannot expect you to become autónomo so they don't have to pay any taxes for you. This is considered fiscal fraud. The employer would have to provide you with a contract. Like our facebook page to see regular updates on living and working in Spain. If you have any questions or doubts, don't hesitate to get in touch with a native English speaker via our website or give us a call on 693 274 037. Many Thanks!
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