THE GOVERNMENT ELIMINATES THE «BEG VOTE» FOR SPANISH EXPATRIATES

by with No Comment InternationalSpain

On October 4, 2022, Organic Law 12/2022 came into force, which amends Organic Law 5/1985, of June 19, 1985, on the General Electoral System, which, since 2011, established the obligation of Spaniards living abroad to request or beg to vote.

 

Before the aforementioned reform, expatriate nationals had the obligation to «beg» to be granted the right to vote, generally to an electoral authority in their place of residence.

The limitation, which came into force in January 2011, raised several controversies, linked not only to the inconsistency of the obligation to request what is a constitutional right recognized to all citizens, but also derived from the cumbersome bureaucratic procedure that this request entailed: first of all, the short period of 25 days from the date of the convocation of the elections and the absence of a clear and unified procedure regarding the request for requesting the right to vote.

 

As a result of this reform, Spaniards abroad will receive the necessary documentation ex officio, by the Provincial Delegations of the Electoral Census Office corresponding to the address of registration of each person of Spanish nationality registered in the census of resident-absentee voters living abroad.

Likewise, the deadline for the deposit of the ballot in the ballot box is extended from 3 to 7 days and the possibility of downloading the ballot paper telematically is introduced, which will allow considerably shortening the deadlines for sending the documentation.

This is, as can be understood, a great step forward towards the debureaucratization of the system of voting from abroad, with the aim of facilitating the exercise of this right by all expatriate Spaniards.

 

If you are interested in how the new law on «beg» voting affects you, do not hesitate to contact us. Our team will inform you about the change made by the Spanish government for Spanish expatriates.

RIGHT TO SPANISH NATIONALITY IN THE LAW OF DEMOCRATIC MEMORY (EIGHTH ADDITIONAL PROVISION)

by with No Comment Global MobilitySpain
Law 20/2022, of October 19, 2002, on Democratic Memory has been published in the Official State Gazette. The Law enters into force the day after its publication.

The Eighth Additional Provision of the Law of Democratic Memory, on the acquisition of Spanish nationality, offers the possibility of applying for nationality to:

  • Those born outside Spain of father or mother, grandfather or grandmother, who had originally been Spanish, and who, as a consequence of having suffered exile for political, ideological or belief reasons or sexual orientation and identity, had lost or renounced Spanish nationality.

 

  • The sons and daughters born abroad of Spanish women who lost their nationality by marrying foreigners before the entry into force of the Constitution of 1978.

 

  • The sons and daughters of legal age of those Spaniards to whom their nationality of origin was recognized by virtue of the right of option in accordance with the provisions of the present law.

 

It should be noted that the new Law does not have an age limit for applicants. Only that applicants for Spanish nationality will have two years to complete the process, starting on October 20, 2022, with the possibility of extending one more year.

 

How can we help you?

If you are interested in applying for Spanish nationality, do not hesitate to contact us. Our team will inform you and will apply for the procedures to obtain the Spanish nationality.

END OF THE COVID PASSPORT AND THE FORM TO SPAIN

by with No Comment Global MobilityInternationalSpain

The Ministry of Health has eliminated the obligation to present the COVID passport and the traveler’s form to passengers entering Spain by plane or ship.

The elimination comes into force today, Tuesday, September 20, from 00:00. The resolution, published on Monday, September 19, modifies the resolution of April 1 on the sanitary controls to be carried out at the entry points of Spain.

 

Why has it been modified?

The Ministry has considered it appropriate to apply the modification in order to favor the normality of international mobility with the least impact on public health, since the General Directorate of Public Health considered it convenient to modify some aspects of the previous resolution.

 

Spain Travel Health unnecessary

The application required passengers to complete before departure, as a responsible declaration, the health control form through the App or the web.

After validating the document, the App generated an individual Qr for each traveler that had to be presented to the transport company.

Section 9 of the resolution, where cruise-type passenger ships making international voyages and sailing through territorial sea waters will not have to comply with the conditions previously applied, is also left without effect.

 

If you have any doubts about this, you can contact us and our team specialized in internationalization will advise you and give you more information about the entry restrictions to the Spanish state.

REFORM OF THE LAW ON FOREIGNERS

by with No Comment InternationalSpainUE
On August 16, 2022, the new Regulation of the Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, came into force. The reform aims to simplify and streamline the hiring of foreigners and facilitate the attraction of international talent. The construction of multicultural teams in companies helps internationalization processes

Main novelties introduced:

  1. Broader catalog of occupations that are difficult to cover to facilitate the hiring of foreigners in Spain
  2. Reduced deadlines to encourage the hiring of foreigners in the country of origin.
  3. Longer renewal period for Residence Cards (T.I.E.)
  4. Facilities for foreigners to obtain a self-employment permit
  5. Student visas will allow foreigners to work automatically, for longer hours and without geographical limitations.
  6. Elimination of the previous 3-year time limit required to change the student visa to a work permit.
  7. Improvements in the requirements necessary for family reunification.
  8. Major changes in labor and social roots.
  9.  Facilities for family members of Spaniards to settle in Spain.
  10. Creation of the new figure of «arraigo» for training purposes.
  11. The renewed work permit will allow the foreigner to work both as an employee and self-employed person.

 

From ExpatFeliu we can accompany you in the design of your impatriation policies and give you comprehensive advice in the areas of migration, labor, tax and everything related to the needs of relocation and landing of foreign workers to our country.

ERASMUS: IS HEALTH INSURANCE NECESSARY?

by with No Comment InternationalSpain

The Spanish National Health System (SNS), despite being one of the best health systems in Europe, does not cover all the medical expenses that a person may incur (for example, certain treatments, certain medications, etc.) and, therefore, in many cases it may be worthwhile to take out private health insurance. But is this a mandatory requirement for the many students who decide to come to Spain for Erasmus?

 

In 2013 the Law governing the Spanish Health System was reformed and, from then on, many were excluded from the services offered free of charge. For this reason, a large part of the visas and permits in Spain require the contracting of a private health insurance. To give some examples, we can mention:

  • Obtaining a community residence card.
  • As a general rule, registrations in Spain (for EU citizens).
  • Family regrouping
  • Students with visa (non-EU citizens)
  • Obtaining non-profit residency
  • Acquisition of investor visa

 

As a general rule, European citizens in Spain are covered by the European Health Insurance Card (EHIC) within the first 90 days of their stay in our country.

Additionally, the Spanish Law guarantees the same coverage to irregular foreigners in Spain (including students who want to take an Erasmus course in Spain), although within the aforementioned 90 days.

 

European students who want to do an Erasmus are covered by the EHIC. However, if their stay is longer than 3 months (as well as in the case of non-European students) it is highly recommended to take out a private health insurance policy which should be quite comprehensive and should at least comply with the following aspects:

  • No co-payments
  • No waiting periods
  • Provide the maximum possible coverage throughout the national territory.
  • Offer hospitalization and travel
  • Include different surgical interventions
  • Other

 

In conclusion, before the temporary transfer to Spain, it is necessary for the student to make all the necessary arrangements to be covered in terms of health care in our country and, therefore, it is advisable to take out a good medical insurance, keeping in mind that the cheapest rate is not always the ideal one and that it is always important to look at the «fine print».

 

Do you want to know when it is mandatory to take out private health insurance when doing an Erasmus?

At FeliuN&I, thanks to our experts in the field, we will advise you and show you the best alternatives to avoid any problems on your trip or Erasmus and what laws and obligations you must comply with to have everything in order. Do not hesitate, contact us.

CAN YOU CLAIM UNEMPLOYMENT BENEFITS IF YOU WORK IN THE UNITED KINGDOM AND WANT TO RETURN TO SPAIN?

by with No Comment InternationalSpainUK

One of the measures that Spain has adopted to facilitate the return of nationals living abroad is the possibility that they can access the same benefits recognized to nationals living in Spain, within a framework of equal rights, recognizing the right to compute in Spain the years contributed in another country.

In order to be able to access the different benefits provided by the Law, such as retirement, disability or unemployment. As regards the latter, it will be sufficient to accredit, together with other requirements, the return to Spain from another country, since this situation in itself is part of the legal causes of unemployment required by the Law.

REQUIREMENTS:

In particular, the Spanish citizen once returned to Spain from the United Kingdom and in the case of not finding an employment activity, may apply for unemployment benefits, provided that he/she meets certain requirements required by Law:

  • To have Spanish nationality;
  • Be in a legal situation of unemployment (for example: dismissal, termination of contract, cessation or simply return from abroad);
  • Be registered as a job seeker, remain registered while receiving the benefit, be available to actively seek employment, comply with the activity commitment;
  • Have paid contributions in Spain for a minimum period of 360 days within the six years prior to the date of emigration, and that these contributions have not been taken into account to access a previous benefit.
  • Not to be receiving another similar benefit in another country;
  • Not to have reached the ordinary age required in each case to access the retirement benefit, unless it is not possible to access it because the required contribution period has not been reached
DURATION AND AMOUNT:

The duration depends on the contributions made within the 6 years prior to the date of emigration, provided that they were not taken into account for a previous benefit.

Table

The daily amount of the unemployment benefit during the first six months is 70% of the regulatory base (calculated according to the occupational contingency bases of the last 180 days of contributions, except for overtime), and 50% from day 181 until the end of the benefit.

WHEN AND WHERE TO PROCESS IT:

It is important to take into account that the registration as a job seeker in the corresponding employment office by domicile, within fifteen working days following the date of return from abroad (it is advisable to provide the return ticket or other document that justifies it).

WHAT CAN WE DO FOR YOU?

If you have any doubts about this, you can contact us and our team specialized in internationalization will advise you and give you more information about applying for unemployment benefits if you have worked in the UK and want to return to Spain.

NEW REQUIREMENTS AND CONDITIONS FOR ENTERING SPAIN DUE TO COVID-19

by with No Comment InternationalSpainUE

On Saturday, May 21, 2022, Order INT/452/2022, of May 20, 2022, was published in the BOE, amending Order INT/657/2020, of July 17, 2022.

As of May 21, 2022, all foreigners will be able to enter Spain, regardless of the reason for their trip, if they are in possession of one of the following three certificates:

 1. Under 12 years of age, they do not need anything.

     2. Over 12 years of age, they will need:

  • VACCINATION CERTIFICATE. Certificates issued by the competent authorities of the country of origin will be accepted from 14 days after the date of administration of the last dose of the complete vaccination regimen, provided that no more than 270 days have elapsed since the date of administration of the last dose of the complete vaccination regimen. The certificate of vaccination with the complete vaccination schedule for minors under 18 years of age does not have an expiration date.

 

  • CERTIFICATE OF DIAGNOSIS. Those with negative results will be accepted, whose sample collection has been obtained within 72 hours prior to departure to Spain in the case of nucleic acid amplification tests or within 24 hours prior to departure to Spain in the case of rapid antigen tests.

 

  • CERTIFICATE OF RECOVERY. Recovery certificates issued by the competent authority or by a medical service at least 11 days after the first positive NAAT or rapid test will be accepted as valid. The certificate shall be valid for 180 days after the date of the first positive result.

 

In addition to any of the aforementioned certificates, those travelers who do not have a European Union COVID Digital Certificate or equivalent must complete a health control form prior to departure.

 

If you have any doubts about this, you can contact us and our team specialized in internationalization will advise you and give you more information about the entry restrictions to Spain.

HOW TO APPLY FOR NON-PROFIT RESIDENCE IN SPAIN?

by with No Comment Spain

NON-PROFIT RESIDENCE: VISA FOR FOREIGNERS WISHING TO LIVE IN SPAIN WITHOUT PERFORMING ANY ECONOMIC ACTIVITY

For those non-community foreigners who have enough funds and are not going to engage in any economic activity in Spain, visa for non-profit residence is a great choice.

What is a non-profit residence visa?

The non-profit residence visa is a type of residence in Spain that non-European people can apply with the purpose of not carrying out any economic activity, but it does give permission to reside in the country.

This type of residence visa gives the applicant the opportunity to stay in Spain for 1 year since the first day of entry into Spanish territory, as it is considered an initial residence authorization.

Later, such residence authorization give the chance of sucessive renewal from 2 years periods, until reach the permanent or long-term residence.

Now that you know a bit more about non-profit residence, in this blog entry we will focus on explaining its main characteristics and the requierements for its application and how about obtaining it.

Who is the non-profit residency visa intended for?

As mentioned before, one of the most significant aspects about non-profit residence is that it does not allow you to work, sicne its nature is not-for-profit.

What benefits does non-profit residence provide?

Here we explain the main advantages of non-profit residency:

  • It is available for the whole family: all family members can obtain a non-profit residence visa with a join application

  • Allows to obtain long-term residence or citizenship, if the applicant wishes in a long term

  • Cannot work in the country, but you can invest in

  • Opens the door to the chance of studying and doing paid internships as long as it is for training purposes

  • Allows travelling around Schengen, considering that they must be non-profit and for a period of time not exceeding 90 days

What are the requirements for the application?

There are many requirements that must be in order to obtain non-profit residence to live in Spain.

Let’s review one by one:

  • Demonstrate that sufficient funds are available, since this residence permit does not allow the holder to work in Spain. It is enough to demonstrate that you can guarantee the payment of the stay and the return to the country of origin
    The amount is calculated as it is shown below:
    >Monthly support corresponding to 400% of the IPREM
    >For the support of each of dependent family members, 100% additional IPREM

  • Having full medical insurance coverage in Spain

  • Lack of criminal record, both in Spain and in the country of origin

  • Not to be in an irregular situation in the country of origin

  • Not being within the period of commitment not to return to Spain

  • Not being banned to entry in Schengen territory

DO YOU WANT TO KNOW IF YOU MEET ALL THE REQUIREMENTS?

Application procedure, documentation and waiting period

First of all, it must be taken into account that the application for a non-profit residence visa must be made from the country of origin or country from where the applicant is residing at the time of the application.

Afterwards, should prepare the necessary documents required by our immigration consultants for the application of your non-profit residence.

At last, keep in mind that the resolution period is 3 months.

GET YOUR NON LUCRATIVE RESIDENCE VISA WITH EXPATFELIU!

If you would like more information on how to obtain a non-profit residence visa, our advisors specialised in internationalisation will be happy to analyse your situation in a personalised way so that you can finally travel without restrictions.

Do you want more information? CONTACT US via the application form

NEW STARTUPS LAW: SPAIN WILL OPEN ITS DOORS TO DIGITAL NOMADISM

by with No Comment Spain

SPAIN WILL OPEN ITS DOORS TO THE PROMOTION OF THE STARTUPS ECOSYSTEM

In order to attract talent and foreign investment to our country, to the new startups law, a set of immigration measures are incorporated to facilitate entry and residence.

The expansion of teleworking has given rise to a new way of working and lifestyle, known as digital nomadism. These people perform their work remotely with the possibility of changing their residence on a regular basis.

Spain will reflect this new lifestyle in the Stratups Law, which is expected to reflect the migration packages in the next law: Law 14/2013, of September 27, 2013, to facilitate immigration of economic interest to Spain.

In the next blog entry, we are going to focus on putting you in context and explaining the measures that this law will incorporate and the advantages it will have for Spain and for Digital Nomads.

Incorporation of a new visa: Digital Nomad Visa.

Until today, foreigners had a visa problem with regard to the remote work system, understood as teleworking.

It is true that, in most cases, foreigners do not come to our country to develop lucrative activities, but wish to continue working for the foreign company while enjoying a nomadic lifestyle.

Until now, the application for a non-profit residence permit was the most suitable option, but it has a drawback: the requested permit did not allow the person who obtained it to carry out any non-profit activity, even if it was for a foreign company.

From now on, anyone who wants to enjoy the spanish lifestyle and continue working for their foreign company will be able to do so by applying for the new “Digital Nomad” visa established

under the new Startups Law, which will allow those who are granted it to regularize their situation in Spain.

What are the benefits of the new residence/visa permit?

The purpose of establishing a new residence permit for Digital Nomads is based on achieving legal residence in Spain in a simpler and easier way.

This is a visa that will allow the person who obtains it to work remotely from Spain for 2 years, with the possibility of renewing it for 2 more years (and so on) as long as the applicant continues to meet the requirements established for obtaining it.

What are the requirements to apply for the new Digital Nomad visa?

Although the Startups law is still in the process of being published and the exact requirements that will come into force are still unknown, we can get an idea of what will be part of them:

  • Be a highly qualified professional with a university graduate or postgraduate degree, with professional training or business schools or with at least 3 years of professional experience
  • Prove that you are an international teleworker posted to Spain
  • Proof of employment and continuous activity for 1 year with a foreign company or group of companies
  • Proof that the work can be performed 100% remotely
  • Prove that the company allows teleworking without any problem
  • That the majority of the remuneration comes from foreign companies with a limit of 30% of proportional revenues from Spain
  • In case the worker is registered as “self-employed”, i.e. self-employed, it is possible that he/she may be asked for which foreign company he/she works for by means of a commercial contract with a minimum of 3 years of seniority

Other benefits that the Startaps Act will bring us:

The new Startups Law also focuses a lot on the investment of the companies, but this, we will see in our next blog post!

YOU ARE A DIGITAL NOMAD, CONTACT US!

If you would like more information on how to obtain your Digital Nomad visa, our advisors specialized in foreigners will be happy to analyze your situation in a personalized way in order to finally obtain the requested visa.

Do you want more information? CONTACT US through the application form

Expatriation and Impatriation Area
Author: Sheila Artigas, lawyer at Expatfeliu

RESIDENCE AUTHORIZATION FOR RESEARCHERS

by with No Comment InternationalSpain

THE RESIDENCE AUTHORIZATION FOR RESEARCHERS IS A PERMIT THAT CAN BE APPLIED FOR BY PRIVATE OR PUBLIC COMPANIES WISHING TO HIRE FOREIGNERS FROM OUTSIDE THE EUROPEAN UNION TO CARRY OUT TRAINING OR R&D&I ACTIVITIES IN SPAIN.

At the time of application, the foreigner may be abroad or in Spain legally. If the foreigner is abroad, once the company has obtained the residence authorization, he/she must apply for the corresponding visa at the Spanish Consulate.

Therefore, a foreign researcher whose only or main purpose in Spain is to carry out research projects, within the framework of a hosting agreement signed with a research organization, will be considered to have temporary residence and work for research purposes.

A research organization shall be understood to be any natural or legal person, public or private, with a main or secondary establishment in Spain, which carries out research and technological development activities and has been authorized to sign hosting agreements.

This type of temporary residence and work authorization enables foreigners residing outside Spain who have obtained the corresponding research visa to carry out a research project within the framework of a hosting agreement signed with a research organization that has been authorized for this purpose.

It will not be necessary to obtain a research visa in cases of exercise of the right to mobility by a foreign researcher after having commenced research in another Member State of the European Union. Therefore, any foreign researcher who has been admitted as such in a Member State of the European Union may continue, in Spain, the development of the initial research project there, for a period of up to three months.

What are the advantages of the residence permit for researchers?

The advantages of the residence permit for researchers are as follows:

  • Single authorisation to reside and work valid for the whole national territory, including family members if they meet the age foreseen in the labour regulations.
  • The National Employment Situation does not apply.
  • Freedom of movement within the Schengen states.
  • Fast processing: visas resolved and notified in 10 working days and residence authorisations resolved in 20 days, possibility of carrying out the procedures through a representative.
  • Joint processing for family members.
  • The application for the residence permit will extend the validity of the foreigner’s residence or stay in Spain until the procedure is resolved.
  • Procedure for residence authorisation centralised in the Large Companies and Strategic Groups Unit.

What are the requirements for the residence permit for researchers?

The requirements for obtaining the residence autorization for researchers are as follows:

  • Not to be in Spanish territory illegally.
  • Be over 18 years of age.
  • Not have a criminal record in Spain or in the countries where they have resided during the last five years, for offences under Spanish law.
  • Not to be refused entry in the territorial space of countries with which Spain has signed an agreement to this effect.
  • Have public insurance or private health insurance arranged with an insurance company authorised to operate in Spain.
  • Have sufficient financial resources for themselves and their family members during their period of residence in Spain.
  • Pay the fee for processing the authorisation or visa.
  • Private or public companies wishing to hire foreigners from outside the EU to carry out training or R&D&I activities in Spain may apply for a residence permit for researchers in the following cases:
  1. Research personnel referred to in Article 13 and the first additional provision of Law 14/2011, of 1 June, on Science, Technology and Innovation.
  2. Scientific and technical personnel carrying out scientific research, development and technological innovation work in business entities or R&D&I centres established in Spain.
  3. Researchers hosted within the framework of an agreement by public or private research bodies, under the conditions established by regulations.
  4. Lecturers hired by universities, higher education and research bodies or centres, or business schools established in Spain, in accordance with the criteria established by regulations.

 

Can the authorization be renewed?

Yes, for annual periods if the requirements for the initial concession are accredited, except for the visa requirement. The application period shall be 60 calendar days prior to expiry (and may also be accepted in the 90 days following expiry, without prejudice to the imposition of the corresponding fine).

Who must apply?

The university, business entity, R&D&I centre or research organisation or a duly accredited representative of such entities, such as Feliu N&I.

I WOULD LIKE TO KNOW MORE ABOUT THE RESIDENCE PERMIT FOR RESEARCHERS

If you would like more information on how to obtain a residence permit for researchers, our advisors specialised in internationalisation will be happy to analyse your situation in a personalised way so that you can finally travel without restrictions.

Do you want more information? CONTACT US via the application form

Expatriation and Impatriation Area
Author: Sheila Artigas, lawyer at Expatfeliu