All posts by : Editor

The period to apply for Spanish nationality under the Democratic Memory Law has been extended by one more year, until the end of the year 2025.

According to the Democratic Memory Law, those born outside of Spain to a Spanish father or mother, grandfather or grandmother who were originally Spanish, and those born outside of Spain to a Spanish father or mother, grandfather or grandmother who originally were Spanish and who, as a result of having suffered exile for political, ideological, or belief reasons, have lost or renounced Spanish nationality, can apply for Spanish nationality.

Furthermore, Spanish nationality can also be requested by children born abroad to Spanish women who lost their nationality by marrying foreigners before the entry into force of the Constitution of 1978, as well as adult children of those Spaniards who were granted their original nationality under the right of adoption in accordance with the provisions of the Democratic Memory Law or the Historical Memory Law of 2007.

Would you like to apply for Spanish nationality under the Democratic Memory Law? Contact us via email at info@expatfeliu.com or call us at 938 75 46 60.

www.feliu.biz │ www.expatfeliu.com

SPAIN ANNOUNCES NEW IMMIGRATION REFORM FOR THE FIRST SEMESTER OF 2024: WHAT CHANGES WILL IT BRING FOR FOREIGN RESIDENTS?

The year 2024 begins with high expectations for foreigners residing in Spain, as a new immigration reform is anticipated during the first six months of the year. Previous reforms in immigration regulations have brought improvements in residency procedures, student visas, and work permits. However, there are still areas needing improvement since the last reform in 2022. The new proposal aims to address these gaps and establish a more robust and simplified framework for immigration in Spain.

What are the objectives of the New Immigration Reform in Spain?

The objectives of this reform are:

• Reduction of processing times
• Facilitating procedures and flexibility of requirements
• Transposing two EU directives related to the single permit and long-term residence, to streamline procedures and enhance protection guarantees.
• Improving the rights and conditions of foreigners in Spain.
• Facilitating foreigners’ access to the labour market.

What are the key points of the New Immigration Reform in Spain?

• Streamlining Procedures: The diversity of existing residency permits in Spain has led to long waiting times and confusion. The proposal seeks to simplify and reduce the types of residency authorizations, eliminating unnecessary procedures and making requirements more flexible. This aligns with the European Directive for the creation of a single permit, aiming for greater coherence in the process of obtaining residency permits.
• Protection of Rights: The reform also aims to enhance the rights of long-term foreign residents and their families. While specific details are still unclear, a modification to the directive regulating long-term residency is expected to ensure greater protection and stability for this population.

As the year 2024 progresses, it is expected that the new immigration reform in Spain will bring significant changes that improve the lives of foreign residents. If you want more information on how these changes may impact you as a foreigner in Spain, please contact us.

www.expatfeliu.com/en/

www.feliu.biz/en

More and more countries have implemented the new European Entry/Exit System (EES), revolutionizing the way travelers cross borders within the Schengen Area.

The exact date of implementation of the new EES has not yet been precisely confirmed. Initially slated for 2022, it was later postponed to 2023, and most recently indicated for implementation in 2024. However, specific information regarding the month when the measure will take effect is currently unavailable.

What is the European Entry/Exit System (EES)?

The EES is the new process for travelers from third countries crossing the external borders of the European Union. Instead of traditional methods, this system equips border entries with self-service kiosks that digitize and verify necessary traveler data at air, sea, and land borders.

Who does the EES affect?

All non-European Union citizens and those traveling with or without a visa in the Schengen Area. It does not apply to non-EU citizens with a valid residence permit in the EU.

How does the EES work?

The technology replaces manual control at borders by quickly validating the match between the traveler and documents through a biometric system. The process includes facial scanning, passport scanning, and the collection of biometric data; physical passport stamps will be replaced by digital stamps.

When will the EES be definitively implemented?

Several countries have already incorporated kiosks at their border crossings, and Spain is expected to complete its deployment during 2024. Although the exact date of widespread implementation is yet to be defined, most countries are expected to be ready by 2024.

Impact on immigration and alien procedures

The EES will significantly impact immigration, as digital stamps will replace physical ones, stored in online databases. This implies that foreigners must strictly comply with the 90-day rule, and previous entry denials will be recorded, affecting future border crossing attempts.

In conclusion, the EES will transform the experience of crossing borders in the European Union, with significant impacts on immigration and entry procedures.

www.expatfeliu.com/en/

www.feliu.biz/en

China work visas, specifically Type Z visas, are indispensable for foreign professionals seeking temporary relocation to China for work-related activities or participation in commercial events. In this article, we delve deep into the intricacies of this visa type, covering its duration and key requirements that applicants must meet.

What is the duration of the Type Z visa?

he Type Z visa has a standard duration of 30 days. Within this period, foreign workers can perform their job duties or engage in commercial activities in China. It is crucial to note that for stays exceeding 30 days, applicants must obtain a residence permit from Chinese immigration authorities within that timeframe.

To apply for this visa, workers must submit, in addition to standard identification documents, a work permit provided by the employer in China. This permit is essential, demonstrating the employment relationship between the worker and the Chinese company.

What are the requirements for the Type Z visa?

Key requirements for obtaining the China work Visas type Z visa include the necessity of a job offer from a Chinese employer. Additionally, the foreign worker must possess knowledge, skills, and professional experience aligning with the vacancy for which they are being hired. The job offer not only validates the employment relationship but also indicates that the Chinese employer has completed the necessary processes for hiring a foreign worker, including approval from Chinese labour authorities, ensuring compliance with local regulations and policies.

What is the application process for the Type Z visa?

The Type Z visa application process begins outside of China and concludes in the applicant’s destination country. This involves submitting specific documents supporting the validity of the job offer and demonstrating the alignment of the worker’s skills and experience with the job requirements.

Applicants must be vigilant about deadlines and procedures, as late submissions or errors in documentation could lead to delays or rejections. Once in China, workers must initiate the residence permit application process within the initial 30 days of their arrival in the country.

In summary, the Type Z visa is a crucial tool for foreign professionals looking to make a temporary contribution to the Chinese labour market. With its 30-day duration and specific requirements, applicants must adequately prepare and follow all steps in the application process.

If you seek more detailed information about this visa or require assistance in the process, feel free to get in touch with us.

www.expatfeliu.com/en/

www.feliu.biz/en

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.

www.expatfeliu.com

www.feliu.biz

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.

www.expatfeliu.com

www.feliu.biz

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.

www.feliu.biz

www.expatfeliu.com

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.

www.feliu.biz

www.expatfeliu.com

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

www.feliu.biz

www.expatfeliu.com

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!

www.feliu.biz

www.expatfeliu.com