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There are various paths to obtain Spanish nationality, and one of them is through Spanish nationality by option. This option allows certain individuals with family ties in Spain to acquire Spanish nationality.

In Spanish nationality by option, what prevails is the special connection that the applicant may have with Spain through specific family ties.

Who can apply for Spanish nationality by option?

The individuals eligible to apply for nationality through this option include:

1. Those individuals adopted by Spaniards after reaching the age of 18. In this case, the option can be exercised within a maximum period of 2 years after the event.
2. Individuals whose father or mother is originally Spanish, i.e., born in Spain.
3. Individuals whose determination of filiation or birth in Spain occurs after the age of 18. In this case, they can opt for nationality two years after the situation is known or determined.
4. Individuals who have been under the parental authority of a Spaniard.

If I fall under one of these cases, what documents do I need to provide to obtain Spanish nationality by option?

To apply for nationality by option, you will need:

• Documentation that can prove the relationship with the Spanish citizen. Depending on the case, this may include the birth certificate of the applicant and the Spanish citizen, proving filiation.
• Personal documentation of the applicant.
• Criminal record certificate, only in certain cases.

I have all the documents; how do I apply for Spanish nationality by option?

To submit the application, we recommend contacting our specialists in Spanish nationality, so they can guide you through the entire process. It is known that nationality applications can take many months, even years.

When the file is incomplete or incorrectly requested, the deadline for correction can significantly delay the resolution, and in some cases, nationality may be denied.

In addition to the above, it is crucial to consider the filing deadlines, as missing the deadline means losing the opportunity to opt for this pathway.

Therefore, to avoid such situations, it is advisable to submit the application through a specialist.

To contact a specialist, you can email us at comunicacion@feliu.biz or fill out the contact form.

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The Chinese government has implemented a measure that allows foreign citizens to open personal bank accounts in China more easily. This initiative, effective from December 1, 2023, until November 30, 2024, aims to streamline the process for foreigners with regular passports.

During this period, eligible foreign citizens can enter China without a visa, granted their stay does not surpass 15 days, further facilitating the opening of bank accounts for international visitors. This effort reflects the government’s commitment to promoting financial accessibility and fostering a more welcoming environment for those seeking to establish banking relationships in the country.

Now, foreign citizens have the opportunity to open personal bank accounts with Chinese financial institutions. This new service comes with the option to obtain a debit card linked to the Union Pay network. It is important to note that this card has a unique feature: it does not allow negative balances and can only be used when the associated account has sufficient funds.

Previously, opening a personal account in China required a visa with a minimum duration of one year, which was often challenging to obtain. This personal account can easily be linked to WeChat and Alipay accounts, enabling quick mobile phone payments.

This change represents a significant advancement, especially considering the previous difficulties non-residents faced when trying to open bank accounts in China. Now, these procedures can be completed in less than an hour, with the presentation of the passport and other required documentation at the bank.

If you need more information about opening bank accounts in China, please, feel free to contact us.

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The High Court of Justice of Andalusia (TSJA) has acknowledged the registration of non-binary gender in the Central Registry of Foreigners. This precedent reflects progress in gender inclusion and establishes new parameters in documentation and immigration procedures.

WHAT DOES THE JUDGMENT SAY AND WHAT ARE ITS IMPLICATIONS?

The mentioned judgment has allowed Andrea Speck, a resident of Spain for over a decade and of German origin, to be recognized as non-binary. Andrea had already been recognized as having an undefined gender in her German passport; however, in Spain, her struggle came to an end in 2018 after winning a legal process that not only ruled in her favour but also prompted the Directorate General of Migrations to modify official forms and all relevant documentation.

WHAT SHOULD BE CONSIDERED IN THIS NORMATIVE CHANGE?

Despite being a significant step forward, as mentioned, the application is still restricted because the option to register as non-binary gender is only available to migrants who already have that identity recognized in their countries of origin. This allows for a similar recognition in both jurisdictions.

The “undefined” gender will be reflected on foreigner identity cards (TIE), but not on Spanish citizens’ National Identity Cards (DNI), as there is currently no regulation that includes such a measure for Spanish citizens.

IMPORTANT TO NOTE…

This inclusion is a significant advancement in recognizing non-binary identities and protecting their rights. It also reflects a state that adapts to social realities and demonstrates a clear commitment to equality and non-discrimination.

Furthermore, this progress brings along some significant challenges that involve overcoming obstacles arising from other legislations at the international level. This opens the possibility for international cooperation and debate to maintain the same level of protection internationally as provided in Spain.

If you have any questions, feel free to contact us.

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Last week, the British government, led by Rishi Sunak, announced Britain’s new immigration measures, a set that will significantly impact immigration in the United Kingdom.

One of the key measures involves raising the minimum salary for skilled workers starting from the spring of 2024. It will increase from the current £26,200 to £38,700, roughly equivalent to €45,000. Furthermore, as part of Britain’s new immigration measures, the exemption allowing a 20% lower salary for immigrants in certain hard-to-fill jobs will be eliminated.

Visas associated with healthcare and caregiving professions will be strengthened, preventing beneficiaries from bringing their families to the United Kingdom. Since Brexit, the country has faced the need to import doctors, nurses, and caregivers, which this measure aims to address.

This will also affect students, making it more difficult for them to bring their families to the UK. These measures could lead to wage increases, while industries such as hotels, restaurants, and retail express concerns about the inflationary impact of a 10% rise in the minimum wage.

On the other hand, universities heavily rely on international students to maintain their financial stability, considering that these students pay much higher fees than domestic students.

The year 2024 is shaping up to be a critical period for UK immigration policy, and soon, the definitive measures to be adopted will be revealed.

If you’re interested in learning more about how these measures will affect professionals, students, and various industries, contact us.

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China’s Ministry of Foreign Affairs has announced that the country will conduct a pilot program allowing visa-free entry for citizens from six countries: France, Germany, Italy, the Netherlands, Spain, and Malaysia, starting from December 1, 2023, until November 30, 2024.

Visa-free entry to China will be available for citizens of these countries with ordinary passports traveling for business, tourism, visiting family, and friends, with a maximum stay of 15 days without a visa, as reported by the ministry spokesperson, Mao Ning, during a regular press conference in Beijing.

The aim of this measure is to facilitate personnel exchanges between China and foreign countries to contribute to high-quality development and high-level openness.

This initiative reflects China’s efforts to strengthen international cooperation and foster a more welcoming environment for foreign visitors, opening new opportunities for tourism, business, and cultural connections between China and these countries.

The pilot program represents a significant step towards greater openness of China to the world, while seeking to strengthen ties and promote mutual understanding between these nations and the People’s Republic of China.

Do you want to travel to China without visa complications? At Expat Feliu, we help you take advantage of this pilot program! Contact us at comunicacion@feliu.biz

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The European Union has maintained a steadfast commitment to eliminating barriers hindering the free movement of services within the internal market. This commitment is reflected in the evolution of the EU Directive on the Posting of Workers, with its initial version dating back to 1996. Although this directive established minimum conditions for cross-border work, deficiencies emerged over time, leading to questionable practices due to unclear provisions.

To address these shortcomings, the EU introduced Directive (EU) 2018/957 of the Parliament and Council, approved on June 28, 2018. This modification of Directive 96/71/EC on the posting of workers in the context of transnational services marked a significant milestone by incorporating key changes.

Key Changes Introduced:

• Equal Treatment: A prominent feature of the amended Directive is the introduction of the principle of equal treatment. This provision aims to ensure that posted workers enjoy the same rights and working conditions as local workers, fostering a more equitable work environment and protecting the fundamental rights of all employees, regardless of their place of origin.
• Expansion of Remuneration Concept: Another crucial change is the broadening of the remuneration concept. The directive redefines and clarifies what constitutes remuneration, encompassing not only the basic salary but also other elements such as social benefits and expenses related to the posting. This expansion seeks to ensure fair and comprehensive compensation for posted workers, strengthening the integrity of the European labor market.
• Establishment of Maximum Duration for Posting: The new directive also sets a maximum duration for the posting of workers. This time limit aims to prevent abuses and ensure that postings do not become a prolonged practice that could negatively impact workers and fair competition in the market.

Each EU member country is responsible for implementing the Directive in its national legislation, adapting it to its specific rules and regulations. This decentralization encourages cooperation among member states, promoting an effective and consistent application of the legislation.

In alignment with this European commitment, Spain took a significant step by approving Royal Decree-Law 7/2021 on April 27, 2021. With this action, Spain has completed the transposition of the Directive into its national legal framework, reinforcing the protection of labor rights and contributing to the development of a fairer and more equitable labor market within the European Union.

Objective of the EU Directive on Posting of Workers

The EU Directive aims to ensure minimum labor conditions within the European Union. It specifically addresses the posting of workers within the EU, occurring when a company temporarily sends one of its employees to work in another EU member state, either for cross-border services or in the context of service provision.

The primary feature of the Directive is to guarantee that posted workers receive a minimum set of rights, including the host country’s minimum wage, working hours, rest periods, holidays, and general working conditions. Additionally, it establishes equal treatment with local workers concerning labor standards.

This directive is crucial for ensuring proper working conditions across the EU. It enables posted workers to enjoy fair conditions and allows companies to compete on a level playing field. It also contributes to social and economic cohesion, strengthening confidence in the European single market.

Moreover, the Directive imposes formal requirements, such as mandatory communication of each posting. Companies must notify the authorities of the host country and their workers about the posting, including the nature of the work, whether it is self-employed or on behalf of another, and the duration of the posting, as a general example of communication.

The Directive obliges all companies to communicate to the competent labor authority the posting of workers to each European country, taking into account specific requirements of each country, both in terms of formal requirements and the duration of the posting.

Need advice on the application of EU Directive 2018/957? Contact us!

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Currently, there are various ways to acquire Spanish nationality. One of these methods is through Spanish nationality by residence, which involves meeting specific requirements to qualify. If you’re seeking more information on this topic, we provide all the details below.

Requirements for Spanish Nationality by Residence

What are the residence requirements for obtaining Spanish nationality?

The general requirement to be eligible for Spanish nationality by residence is effective, continuous, and immediate residence for a period of 10 years. However, there are exceptions to this timeframe, which we will examine closely.

Exceptions and Conditions

Are there exceptions to the residence requirements?

Exceptions to the fulfillment of the residence time vary based on the applicant’s nationality of origin, their status, and the applicable current regulations. Here are some of the exceptions:

• Refugees: Those holding refugee status need only fulfill a requirement of effective residence for 5 years instead of 10.
• Nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, and Portugal: Individuals from these countries must fulfill a requirement of effective residence for 2 years.
• Special Conditions: Depending on their situation, some applicants are required to provide evidence of only one year of effective residence. This applies to individuals born on Spanish territory, those who have not timely exercised the right to opt for Spanish nationality, individuals who have been legally under guardianship, legal representation, custody, or foster care of Spanish citizens or institutions for two consecutive years, those married to a Spanish man or woman, widows or widowers of a Spanish spouse in cases where there is no legal or factual separation, and those born outside of Spain to parents or grandparents who were originally Spanish.

Documentation and Process

What is the process of applying for Spanish nationality by residence?

In all cases, residence must be effective, continuous, and immediate. This necessitates the provision of necessary evidence and official documentation for each application. It is essential to contact and initiate the process with specialized professionals, as the average processing time for applications is around 2 years. If documentation is not presented correctly, additional documentation may be required, or in the case of denial, recourse to legal proceedings through Administrative Litigation may be necessary.

At Expat Feliu, we thoroughly analyze each client’s situation to determine the applicable scenario. Furthermore, we meticulously review all necessary documentation to ensure successful outcomes in the process of obtaining Spanish nationality by residence. ¡Contact us!

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Did you know that before traveling abroad, you can register in the Travelers Registry? This tool from the Ministry of Foreign Affairs, European Union, and Cooperation (MAEC) is designed to ensure your safety and well-being during your stay in another country.

Traveling abroad is an exciting experience, but it can also involve certain risks, such as natural disasters, armed conflicts, and other emergency situations.

What is the Travelers Registry?

The Travelers Registry is a completely free tool that operates with the utmost confidentiality. Its goal is to gather essential information about travelers and their plans so that Spanish authorities can locate and contact citizens in the event of a serious emergency abroad.

Although the Travelers Registry is a valuable tool, it’s important to remember that the ultimate responsibility for staying safe abroad lies with the traveler. It is recommended to act with the utmost diligence to avoid risky situations and follow the travel recommendations of the MAEC.

Who can register?

This travelers’ registry is created by the MAEC and is intended for Spanish citizens who temporarily move to another country for a maximum of 182 days, with no intention of doing so permanently. In the latter case, it is advisable to register with the Spanish Consulate’s Registration Office in that destination.

Therefore, the difference between the Travelers Registry and the Consulate’s Registration is the duration of the stay in the destination country.

In summary, if you have plans to travel abroad, make sure to register in the Travelers Registry of the Ministry of Foreign Affairs. This measure can make a difference in your safety and well-being in the event of a serious emergency abroad. Travel with confidence and be prepared for any contingency.

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