IMMIGRATION NEWS OF LAW 28/2022, STARTUPS LAW

by with No Comment Global MobilitySpain

Regarding foreign talent, the new law incorporates a set of immigration measures to facilitate entry and residence not only for highly qualified professionals but also for entrepreneurship and investment.

Law 14/2013, of September 27, 2013, to support entrepreneurs and their internationalization, is modified as follows:

1. The visa referred to the teleworkers of international character is incorporated.

2. Regarding the general requirements for the stay or residence, it is indicated that a certificate of criminal record in Spain and in the countries where he/she has resided during the last two years, for crimes provided for in the Spanish legal system, must be provided. Additionally, a responsible declaration of the non-existence of criminal records for the last five years must be submitted.

3.The chapter relating to entrepreneurs and business activity is modified, and it is indicated that foreigners who request to enter Spain or who, being holders of a residence or stay authorization or visa, intend to initiate, develop or direct an economic activity as an entrepreneur, may be provided with a residence authorization for business activity, which will be valid throughout the national territory and will be valid for three years. Once this period has expired, they may request the renewal of the residence authorization for two years, and may obtain permanent residence after five years. The application will be made by the interested party or through its legal representative and electronically to the Unit of Large Companies and Strategic Groups. In the event that the foreigner is outside Spain, the application for authorization and visa will be made simultaneously through a single request that will initiate the processing of authorization and visa consecutively.

4. The initial authorization of residence for investors is modified, which will have a duration of three years.

5. Likewise, the residence authorization for highly qualified professionals will be for three years or equal to the duration of the contract, in case it is shorter. Once this period has expired, the renewal of the residence authorization may be requested for two years, and permanent residence may be obtained after five years. Likewise, the period of validity of the national residence authorization for intra-company transfer will be three years or equal to the duration of the transfer.

6. In addition, the period of validity of the residence authorization for research shall be three years or equal to the duration of the hosting agreement or contract, if shorter. Once this period has expired, he/she may request the renewal of the residence authorization for two years, being able to obtain permanent residence after five years.

7. A new section is introduced, regarding the authorization procedure, where it is indicated that the passport will be a sufficient supporting document to register with the Social Security during the first six months of residence or stay in the categories regulated by this section and in those cases in which the foreigner is not in possession of a foreigner identification number (NIE), without prejudice to the subsequent application for the NIE.
8. The section relating to the visa for studies, job search and internships is modified and it is worded as follows: “Once the studies have been completed in an institution of higher education, foreigners who have reached at least Level 6 according to the European Qualifications Framework, corresponding to the degree accreditation may remain in Spain for a maximum non-extendable period of twenty-four months in order to look for a suitable job in relation to the level of the studies completed or to undertake a business project.

9. The period of validity of the residence authorization for internships is also modified, which will be of twelve months or equal to the duration of the internship agreement, if shorter. This authorization may be renewed only once, and the total period of the initial authorization and its extension may not exceed two years. In the case of an internship contract, the duration will be the duration foreseen in the contract and governed by the labor legislation applicable at any given time.

 

If you need more information about the novelties of the immigration law 28/2022, do not hesitate to contact us. Our experts will advise you and inform you about the novelties.

VISA AND RESIDENCE PERMIT FOR INTERNATIONAL REMOTE WORKERS

by with No Comment Global MobilitySpain

On December 22nd, 2022, the Law 28/2022, of December 21st, for the promotion of the ecosystem of emerging companies, known as the Startup Law, has been published in the BOE.

The purpose of the regulation is to establish a specific regulatory framework to support the creation and growth of emerging companies in Spain, aimed at promoting their relocation to Spain, attracting talent and international capital, as well as stimulating public and private investment in them, among other objectives.

On many occasions, workers in start-up companies can carry out their work remotely, as long as they have a computer and internet connection. Among other novelties, to regulate the residence of this profile of itinerant professionals and of many others who may choose Spain as a more stable place of remote working, a new category of visa and residence permit has been created.

The international telecommuting visa allows you to enter and reside in Spain for a maximum of one year – unless the work period is shorter – while its holders work for themselves or for employers anywhere in the world. The international telecommuting visa is a sufficient title to reside and work remotely in Spain during its validity. Within sixty calendar days before the expiration of the visa, international teleworkers who are interested in continuing to reside in Spain may request residence permit for international teleworking, as long as the conditions that generated the validity of the visa are maintained.

In addition, the residence permit for international remote working allows foreigners who are already regularly in Spain to request an authorization for a maximum period of three years -unless it is requested for a shorter period of work-, renewable for a period of two years -when the conditions that generated the validity of the permit are maintained-, being able to obtain permanent residence after five years.

The national of a third State is authorized to remain in Spain to carry out a work or professional activity remotely for companies located outside the national territory, through the exclusive use of means and computer systems, telematics and telecommunications;

  • In the case of carrying out a work activity, the holder of the permit for international teleworking may only work for companies located outside the national territory.
  • In the case of exercising a professional activity, the holder of the permit for international teleworking will be allowed to work for a company located in Spain, as long as the percentage of that work does not exceed 20% of the total of their professional activity.
  • Qualified professionals who can prove that they are graduates or postgraduates from prestigious universities, professional training centers and business schools of recognized prestige or with a minimum of three years of professional experience may apply for a visa or residence permit for telecommuting.

 

This assumption of “international teleworkers” is added to those provided for in Law 14/2013, of September 27th, on support for entrepreneurs and their internationalization, to benefit from all the advantages granted by that Law, not only in terms of the tight processing times, with positive silence at the end, but also because of the possibility of family reunification from an initial moment.

 

Finally, it should be noted that, with the aim of attracting and retaining talent, the validity of residence permits is extended from two to three years as provided for in the Law 14/2013, of September 27th, supporting entrepreneurs and their internationalization.

STUDENT VISA

by with No Comment InternationalSpain

The student visa is a residence authorization that allows non-EU citizens to stay in Spain while they study in public or private educational centers, carry out research in the country or participate in some type of training.

It is very important to bear in mind that the student visa is exclusively for citizens from outside the European Union.

The stay for studies is only an authorization to reside in Spain for the duration of the course, it is not a regular residence permit.

However, with the reform of the immigration regulations, it has become a great option for non-EU citizens. It allows you to work, automatically, 30 hours per week, and once you complete your studies (no matter how long they last), you will be able to change to a work permit in an easy and comfortable way.

However, you cannot obtain a student visa if you are from the European Union, since it is not required according to article 44 of the Royal Decree 557/2011 which states that all students from the European Union, the European Economic Area or Switzerland can stay in Spain while studying without a visa. This also applies to family members brought with them after a joint application.

It should be noted that it is possible to apply for the authorization of stay for studies while being a tourist in Spain, i.e. non-EU citizens can enter Spain with a tourist visa, enroll in the course and obtain the authorization of stay for studies, as long as they are not in an illegal situation in the country.

 

If you want more information about the student visa or you are interested in obtaining it, do not hesitate to contact us. Our experts in the field will help and advise you.

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.