Traveling abroad can result in the suspension of unemployment benefits

by with No Comment ActualitySpainUncategorized

It is crucial for unemployment benefit recipients to understand the legal and financial implications of traveling abroad during this period. Current regulations state that any departure from the country can affect the right to receive this benefit, potentially leading to sanctions and the obligation to repay improperly received amounts.

Therefore, unemployed individuals must notify the State Public Employment Service (SEPE) of any trip abroad, even if it is short. Failure to notify can be considered a serious offense.

In addition to being considered a serious offense, according to SEPE, personal trips abroad can result in the suspension of unemployment benefits. This suspension can be temporary if the trip is short, and the beneficiary properly informs SEPE before leaving and upon returning.

If the trip exceeds 15 consecutive calendar days, the suspension of benefits becomes definitive for the period of absence from the national territory, requiring the beneficiary to re-register as a job seeker upon returning to Spain.

In specific cases, such as job searching or pursuing studies, beneficiaries can request special permits that allow the compatibility of benefits with stays abroad.

Consequences of traveling abroad while receiving unemployment benefits

SEPE may demand the repayment of all amounts received during the period the beneficiary is abroad without authorization.

In addition to the repayment of benefits, non-compliance with regulations can lead to additional administrative sanctions that vary according to the severity of the offense and the beneficiary’s recurrence.

It is essential for unemployment benefit recipients to consult with a legal advisor before planning any trip abroad to ensure compliance with all regulations and avoid sanctions.

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EU single permit directive simplifies residence and work

by with No Comment UE

The council of the European Union has approved a new EU Single Permit Directive that came into effect on May 20, easing the entry of third-country nationals (non-EU citizens) to work in Europe. This directive introduces a streamlined procedure for issuing residence and work permits, while also establishing rights of equal treatment between foreign workers and EU citizens.

The new regulation, published in the Official Journal of the European Union on April 30, applies to most of the residence and work permits issued in the EU for third-country nationals. According to the Ministry of Inclusion, Social Security, and Migration, the directive introduces “a series of notable improvements” such as reducing deadlines and simplifying procedures. Additionally, it mandates that applications be processed within the territory of the member state, eliminating the need to leave the country to apply for a new permit, thereby reducing unintended irregularities.

Another significant change allows migrant workers to change employers without needing a new permit application, though member states may impose conditions such as notifying authorities, undergoing a second labour market assessment, or fulfilling a minimum employment period with the initial employer.

Moreover, third-country employees can remain unemployed for a specified period without immediate loss of their permit. Initially set at three months, this period extends to six months for permit holders of more than two years.

The directive also restricts member states from applying overly restrictive rules and enhances transparency in labour conditions, aiming to attract talent to the EU and address legal migration challenges.

What is the single permit?

The Single Permit covers both the right to work and reside in the European Union, simplifying the previously separate processes. It establishes a common set of rights for third-country workers, including the ability to change employers and maintain residence and work rights during periods of unemployment.

Implementation of the single permit directive

Although the directive took effect on May 20, member states have a two-year period to implement its guidelines, making full implementation expected by May 21, 2026.

The application process for the Single Permit will vary by member state, which will determine whether the application is filed by the worker or the employer. Applications can be submitted by workers residing outside the member state or those already residing with a valid residence permit.

Spain and the new directive

Spain, with its high standard of rights for migrant workers, anticipates minimal adjustments primarily focused on simplifying procedures, expanding rights during unemployment periods, and enhancing data collection for evaluating migration policies related to the Single Permit.

This new regulation represents a significant advancement in managing labour migration within the European Union, promoting greater efficiency and equity in the treatment of migrant workers.

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How to apply for residency in Spain through social integration (arraigo social)

by with No Comment Uncategorized

Social integration, or arraigo social, is a way for non-EU foreigners to regularize their stay in Spain after three years of continuous residence.

To apply for arraigo social, applicants must meet several requirements, such as demonstrating three years of continuous residence in Spain, having no criminal record, and presenting a report that certifies their social integration.

Options for Applying for Arraigo Social Without a Work Contract

Although arraigo social is commonly associated with the need for a work contract, there are alternatives for those who do not have one. These options allow applicants to regularize their situation in Spain through other means.

Arraigo Social for Self-Employment

Starting your own business can be a viable route to apply for social arraigo in Spain without needing an employment contract. This option allows applicants to obtain a self-employment work authorization.

Arraigo Social with Own Economic Means

Applying for social arraigo with personal financial means is an option for those who can demonstrate sufficient economic solvency to live in Spain without the need for employment. This route is especially useful for individuals who do not have a job offer but have their own financial resources or those of a third party (each case will be evaluated individually).

Documentation and Processing for Arraigo Social Without a Work Contract

To apply for arraigo social without a work contract, it is essential to prepare and properly present the required documentation. This process involves meeting the formal requirements established.

At ExpatFeliu, we are specialists. Contact us, and we will help you manage your arraigo social application!

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Non-Lucrative Residence in Spain: A Guide for Future Residents

by with No Comment Uncategorized

In an increasingly interconnected and globalized world, the non-lucrative residence presents itself as an attractive option for settling in a foreign country. Spain, with its mild climate, rich culture, and relaxed lifestyle, has become one of the most sought-after destinations for those seeking a significant change in their lives. Among the various residency options that Spain offers, the non-lucrative residence stands out as an ideal choice for those who wish to reside in this country without the need to work.

Here, we explain the key aspects that every applicant for a non-lucrative residence in Spain should know.

Requirements and Application Process for Non-Lucrative Residence

To qualify for the non-lucrative residence in Spain, it is essential to meet certain financial and administrative requirements. You must demonstrate that you have sufficient financial means to support yourself and your dependents without the need to work in Spain. This generally involves providing proof of regular income, such as pensions, passive income, or investments.

Additionally, you must have valid private health insurance in Spain and no criminal record in your country of origin.

Application Process

The application process can vary depending on the applicant’s nationality but generally involves submitting the mentioned documents to the corresponding consulate office. Once the application is submitted, the processing time is usually around 3 months on average.

Benefits and Obligations of Non-Lucrative Residence

Holders of the non-lucrative residence in Spain enjoy several benefits, including legal residence for an initial period of one year (renewable), access to public education, and the opportunity to enjoy Spanish culture, gastronomy, and landscapes without the restrictions of employment.

With the non-lucrative residence, certain obligations must be observed: you are not permitted to work in Spain, you must maintain financial independence, renew your residence permit before it expires, and notify the relevant authorities of any changes in your personal situation or address.

Adaptation and Future

Although the non-lucrative residence does not allow you to work, there are ways to change your residency status if you find employment in Spain. You can apply for a work authorization, either as an employee (with a work contract) or as a self-employed individual (freelancer).

Important Update

A recent ruling by the Supreme Court of Spain has introduced a significant change in the regulations for non-lucrative residence. Previously, it was required to stay in Spain for at least 183 days a year to renew the residence. Now, it is no longer necessary to reside in Spain to renew this type of residence. This change makes it easier for those who wish to maintain their residence without being physically present in the country for extended periods.

The Non-Lucrative Residence in Spain offers an exceptional opportunity to enjoy the many advantages this country has to offer without the need to work. However, it is crucial to understand the requirements, benefits, and obligations associated with this type of residence before deciding to apply for it.

At Expat Feliu, we offer personalized advice and assistance for processing your Non-Lucrative Residence in Spain. Contact us for more information!

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UNCERTAINLY LOOMS OVER THE FUTURE OF GOLDEN VISA IN SPAIN

by with No Comment ActualityGlobal MobilitySpain

The Spanish government has announced plans to take action to eliminate the granting of the so-called “Golden Visa.”

The government argues that this policy has fueled speculation and contributed to the rising cost of housing in certain areas of the country. As a result, these measures will affect investments involving the purchase of real estate properties with a minimum value of 500,000 euros.

Currently, the implementation date of these measures is unknown, as it will require modifications to Law 14/2013, of September 27, which supports entrepreneurs and their internationalization, the legislation that regulates the Golden Visa for the acquisition of real estate.

Although the implementation date of these modifications has not been detailed yet, one of the most relevant questions is what will happen with the renewal of visas that have already been issued. There are several alternative routes to obtain this investment visa, which (for now) will remain in force. These include:

• Investment of 2,000,000 euros in Spanish public debt securities.

• Investment of 1,000,000 euros in shares or equity of Spanish capital companies.

• Investment of 1,000,000 euros in investment funds.

• Investment of 1,000,000 euros in bank deposits in Spanish financial institutions.

• Participation in a business project to be carried out in Spain that is considered to be of general interest.

For all foreigners considering the possibility of obtaining this visa for the acquisition of real estate to settle in Spain, please contact us for advice.

To learn more about the requirements and benefits of the Investment Visa, do not hesitate to contact our office.

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SOCIAL SECURITY: INCREASE IN CONTRIBUTION TO MAXIMUM BASES

by with No Comment ActualitySpain

On April 12, 2024, the Information Note on the implementation of a new solidarity fee in Spain was published, in accordance with RD 322/2024 dated March 26. This fee will affect workers with higher salaries who contribute to the General Social Security Regime and the Sea Workers Regime, including self-employed workers under the latter regime.

What is the solidarity fee?

The solidarity fee is an additional contribution applied to the salary bracket that exceeds the maximum contribution base. This contribution is regulated in article 19 bis and D.T. 42.ª of the LGSS and is developed in article 72 bis of Royal Decree 2064/1995.

Contribution percentages

The fee will be applied gradually from 2025 to 2045, and the percentages vary depending on the excess of earnings over the maximum contribution base. For example, in 2025, for earnings between the maximum base and an additional 10%, the percentage is 0.92%. This percentage increases progressively to reach 7% in 2045 for earnings that exceed an additional 50% of the maximum base.

Contribution responsibilities

The distribution of the solidarity contribution between employer and employee will follow the same proportion as the distribution of the contribution rate for common contingencies (83.39% borne by the employer and 16.61% borne by the worker).

Important considerations:

  • The solidarity contribution does not affect the Special Regime for Self-Employed Workers (RETA).
  • The regulatory deadline for payment of the contribution ends on the last day of the month following that of the earnings.
  • Companies must electronically communicate to the General Treasury of Social Security the data of the affected workers and the corresponding periods and amounts. • The Labor and Social Security Inspection will monitor compliance with these obligations.
  • The General Treasury of Social Security has verification powers over this additional contribution.

Need advice on the new solidarity fee? At Expat Feliu, we can help and provide you with the necessary guidance to understand and comply with these new regulations. Contact us!

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UK MODIFIES NON DOM STATUS: KEY CHANGES IN TAX RULES STARTING 2025

by with No Comment Actuality

The Non Dom status in UK has been changed with effect from the start of the tax year 2025/26, that is 6th April 2025. The detail has not yet been published, but we share below below a summary of what is expected to be in the regulations.

New arrivals

  • Regardless of domicile status, new arrivals to the UK will be able to benefit from 100% UK tax relief on foreign income and gains (FIG) for the first four tax years that they are UK resident, providing they have had ten consecutive tax years of non-UK residence immediately preceding the year of arrival. For the purposes of the test, treaty non-residence and split year treatment shall have no bearing.
  • Additionally, no UK tax will be payable on FIG arising in those first four years, should it be remitted to the UK.
  • Where a claim is made to be assessed under the FIG regime, taxpayers will lose their entitlement to the personal allowance and capital gains tax annual exempt amount.
  • The claim is to be made each year and taxpayers can opt in or out in each year of eligibility.
  • After four years of UK residence, individuals will be taxed on worldwide income and gains.
  • Overseas workdays relief (OWR), currently available to UK resident non-dom employees for their first three years of UK residence, will continue to be available to those who make a claim to be assessed under the FIG regime. The three-year limit will remain, but relief will be provided even if overseas earnings are remitted to the UK, which is a significant benefit compared to the current rules.
  • If 2023/24 is the first year of eligibility for OWR, taxpayers can continue to claim it for the full three years.

Current UK residents claiming non domicile status.

Existing UK tax residents who will have been resident for fewer than four years from 6 April 2025 are also eligible if they were non-UK resident for ten consecutive years prior to their arrival.

  • Transitional provisions have also been announced for existing UK resident non-doms who have previously benefitted from the remittance basis of taxation:
  • Foreign income arising in the 2025/26 tax year will benefit from a 50% reduction, for those losing access to the remittance basis on 6 April 2025 and not eligible for the FIG regime. There is no equivalent relief for capital gains.
  • Individuals who are neither UK domiciled, nor deemed UK domiciled on 5 April 2025 may elect, on an asset by asset basis, for non-UK situs capital assets to be rebased to their value on 5 April 2019 for disposals taking place from 6 April 2025, providing they were personally owned on 5 April 2019.
  • A ‘temporary repatriation facility’ will allow non-doms previously benefitting from the remittance basis to remit personally received pre-6 April 2025 FIG to the UK at a tax rate of 12%, during the two-year period ending 5 April 2027, providing a particular benefit for those who have already become deemed UK domiciled. There will also be a ‘relaxation’ of the mixed fund ordering rules.
  • Remittances of pre-6 April 2025 income and gains after the two-year window will be taxed at normal rates, but business investment relief is to continue to be available for qualifying investments.

Inheritance Tax (IHT)

The government also announced the intention to transition IHT to a residence-based system. However, acknowledging that introducing such a regime presents different challenges, there will be a consultation on the best way to introduce it.

Offshore Trusts.

Protections for offshore trusts, which currently prevent anti-avoidance rules attributing FIG to UK resident settlors, will be abolished and FIG arising to trusts from 6 April 2025 will be taxable upon settlors who do not make a valid claim to be assessed under the FIG regime.

  • Income arising before 6 April 2025 will not be attributed to the settlor unless distributions or benefits are provided to UK residents who do not benefit from the FIG regime. Modifications will also be made to the ‘onward gift’ rules which currently apply to distributions from trusts which are not immediately taxable but where a UK resident benefits.
  • FIG arising within a trust cannot benefit from the temporary repatriation facility.
  • There is no election to rebase capital assets which are held by a trust on 5 April 2019.
  • While the government will consult more widely on the introduction of a new IHT regime, it was confirmed that non-UK assets settled into an offshore trust by non-UK domiciled individuals prior to 6 April 2025 will retain their ‘excluded property’ status and will not fall within the scope of the new IHT regime.

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RESIDENCE FOR MINORS IN SPAIN

by with No Comment Actuality

If you’re a foreign parent in Spain, ensuring your minor child’s legal residence is essential for their well-being and security. In this comprehensive guide, we explain step by step how to apply for residency for minors in Spain, ensuring you have all the necessary information for a successful application.

Residence for minors in Spain: what is it and who can apply?

Residence for minors not born in Spain is a vital authorization for those wishing to establish their home in this country. It can be requested by individuals holding legal residence, on behalf of their minor children, and by those who have legal guardianship of minors, on behalf of the latter.

Requirements for applying for residence for minor children in Spain

To apply for residency for a minor child in Spain, you must meet the following requirements:

  1. Demonstrate legal residence of the parents: At least one of the parents must have legal residence in Spain.
  2. Continuous stay of the minor in Spain: The minor must have resided continuously in Spain for at least two years, demonstrable through registration.
  3. Sufficient economic means: Parents must demonstrate sufficient economic means to support the minor, supported by documentary evidence.
  4. Complete documentation: Documents demonstrating the relationship, the minor’s stay in Spain, enrollment in an educational center (if applicable), economic means, and a housing suitability report must be submitted.

Estimated time for response and next steps

The legal resolution period for the application is 90 days; however, in practice, the timeframe can range from 4 to 6 months on average. Once residency authorization is granted, you must apply for the Foreigner Identity Card (TIE) within one month from the notification of the concession. This is done at the corresponding Foreigners Office or Police Station.

In summary, obtaining residence for minors in Spain can be a complex but achievable process with the proper guidance. If you need legal assistance in this process, our team of immigration lawyers at Expat Feliu is here to help. Contact us today!

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ACQUIRING FOREIGN NATIONALITY FROM SPAIN

by with No Comment Uncategorized

Obtaining foreign nationality from Spain is a process that offers various alternatives, one of which is the opportunity to apply for foreign nationality for a direct relative. This option allows certain individuals to pursue dual nationality.

Who can apply for foreign nationality from Spain?

Individuals eligible to pursue nationality through this avenue are those with a direct connection to the desired foreign country. This includes:

  • Individuals whose parents are natives of the foreign country for which nationality is sought, i.e., born in that country.
  • Those who have a direct familial relationship with a national of the foreign country.

What documents are required for obtaining foreign nationality?

Once it has been established that you meet the requirements, our team of experts will provide you with detailed and personalized guidance. We will carefully analyze your situation and provide all the necessary support to gather and submit the required documents for completing the application for dual foreign nationality.

How do I apply for nationality by option?

To initiate the process, simply send us an email at comunicacion@feliu.biz or a message through our website, providing your details and objectives. We will reach out to you to discuss your availability and offer comprehensive guidance before commencing the procedure.

Contact us today and embark on your journey with us!

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GOLDEN VISA IN SPAIN

by with No Comment SpainUncategorized

The Golden Visa, also known as the golden visa, has emerged in recent years as a highly popular method for obtaining residency in Spain, especially among citizens not belonging to the European Union (EU). This special residence permit program is designed for those who wish to make a significant investment in Spain, offering a relatively straightforward way to settle in the country and enjoy its numerous benefits.

One of the main attractions of the Golden Visa is its simplified application process compared to other types of visas and residence permits. Unlike many other options, the Golden Visa requires fewer requirements and bureaucratic procedures, making it an attractive option for those looking to avoid complexity and delays in the application process. Additionally, the fact that only one visit to Spain per year is required to renew the visa adds an additional level of convenience and flexibility for visa holders and their families. The main requirement to obtain the Golden Visa is to make an investment in Spain, earning it the nickname “Investor Visa”.

This investment can take various forms, including the purchase of real estate, investment in shares of Spanish companies, bank deposits, or Spanish public debt. The minimum investment amount required varies depending on the type of asset chosen, providing applicants with a variety of options to suit their individual needs and preferences. In summary, the

Golden Visa in Spain represents an attractive option for those looking to settle in the country and enjoy its numerous benefits, from freedom of movement within the European Union to investment opportunities and the Mediterranean lifestyle. Its simplified application process and flexible requirements make it a popular choice among international investors looking to reside in Europe.

At ExpatFeliu, we have extensive experience in providing specialized advice and managing the visa process for foreign investors looking to establish themselves in Spain. This visa is granted not only to the main investor but also to their family members, provided that the corresponding requirements are met. Whether you are considering property purchases, investment in business projects, or financial assets in Spain, we offer the necessary guidance to apply for the Investor Visa. Contact us for more information and start your process hassle-free.

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