Article copyrighted © 2020. Plagiarism will be criminally prosecuted.
By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8th of November 2020
The United Kingdom officially left the Union on the 31st January 2020, and the Brexit transition period ends on the 31st December 2020.
Following up on last month's article (Spanish residency permit: Time is running out!), we are now on the run up to the last days for British nationals to benefit from all the advantages the transition period has to offer on applying for Spanish residency. We strongly advise all UK nationals to apply for a residency permit now, before the end of the year, if you can. As from 2021, the application requirements will be far more challenging, and many will no longer qualify.
To complicate matters further, at the time of publishing this immigration article, it would seem the UK Authorities are heading for a no-deal Brexit which would pile even more pressure to get this done and out of the way whilst you can. From the Spanish side, Immigration Authorities have tightened up the requirements in a new change from November which now requires applicants to categorically prove their habitual residency is in Spain. This is the second major change in 2020, besides the one we already reported in July 2020.
Please note that because the United Kingdom has been a member state of the Union over the last 47 years we take many rights for granted; but these rights will no longer be available as from 2021 for all those who have not landed a residency permit, so please do not take them for granted and be proactive, for your own sake.
Besides the six reasons we collate below, there are also tax advantages: Tax advantages on becoming resident in Spain – 8th March 2018.
Apply for Spanish residency now and ensure you secure your EU rights as a national of a member state of the Union before it’s too late.
With a Spanish residency permit you are granted unfettered access across the Schengen Area. Avoid pesky passport controls, avoid multiple visa applications, avoid long queues. A residency permit allows you visa-free access to all 26 Schengen countries.
Again, most UK nationals take this for granted, but in a post-Brexit world this will be far more challenging. A Residency permit legally allows you to remain within the Union territory unmolested and go about your life. Illegal aliens, who do not have a valid residency permit, and overstay the 90-day period, may be subject of deportation to their home countries.
A residency permit allows you to seek a job normally. Employers in Spain, going forward, are going to be asking job seekers to prove they are in Spain legally to avoid large fines on hiring illegal immigrants.
A residency permit allows students to live and study in Spain (Europe).
Have your say on local elections, vote for a mayor to improve things in your town.
After you attain a Spanish residency permit, UK pensioners may apply for a full transfer of their accrued UK healthcare rights over to Spain using the S1 procedure. For as long as you remain in Spain, you may use the Spanish healthcare system in equal rights to any native. We offer this service for a flat fee: Transfer of healthcare rights (S1 - Social Security Homologation).
In conclusion
Any EU national living in Spain for more than 90 consecutive days must apply for a Spanish residency permit, by law.
Please note that you may remain lawfully, within Spanish territory, a maximum of up to 90 days within every rolling six-month period within a calendar year.
As the Brexit transition period draws to an end, it is important UK nationals attain a Spanish residency permit taking advantage of the lenient conditions currently in existence while they last.
You should be advised that attaining a Spanish residency permit is taking (in Malaga) several weeks, so please plan ahead accordingly. What matters is that you file for it before the 31-12-2020 deadline.
Please, for your own sake, don’t sleep on this as the clock is ticking.
For updated information on all residency matters, please browse UK Gov Living in Spain Guidance.
Article copyrighted © 2020. Plagiarism will be criminally prosecuted.
By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8th of October 2020
The United Kingdom officially left the Union on the 31st January 2020, after both Westminster and the European Parliament ratified the Withdrawal Agreement. Within the WA it was agreed a Brexit transition period that would last until the 31st of December 2020. By this year’s end the United Kingdom, after 47 years, will no longer be a Member State of the Union.
This will have a major impact in several fields. In this article, I will only focus on immigration. As from the 01/01/2021 the requirements that UK applicants must meet will become far more stringent, as they will now be officially regarded as nationals of a third country, non-EUs.
In plain English, the requirements a UK national must meet going forward, as from 2021, will be far more challenging, to the point many will no longer qualify. Unsurprisingly at this point, the exact requirements are still unknown as they must still be penned by the Authorities, but it is within reason to think they will be very similar, if not identical, to those being asked from non-EU nationals at present.
The gist of this short article is to drive home the point that all UK nationals, who are of the mind of attaining a Spanish residency permit at some point in the future, should do so now taking advantage of the lenient Brexit transition period.
Green cards
For all those UK nationals who had already secured a green card in the past (green A4 certificate or credit card-sized piece of paper), this certificate will remain valid proof of residence and rights under the Withdrawal Agreement after 31 December 2020 for those registered in Spain before the 6th of July 2020. In other words, you are under no legal obligation to exchange it for the new TIE card, or so goes the theory.
However, in practice, we strongly advise you exchange your old green card over to the new TIE card, which supersedes it. Besides being more durable, the main reason is that citizens in Spain now deal with Public Administrations telematically, that is online. Spanish IDs and the new TIE cards are very similar, as they both have in-built chipsets that allow you to deal online with the different public administrations (i.e. booking an appointment online) which saves you considerable time and aggravation. Unless you rather fancy spending several mornings queuing up for nothing, or making umpteen calls that will all go unanswered. Please read this local newspaper article to understand where I’m getting at: Dealing with the authorities in the new normal has become a red tape nightmare.
Moreover, even public servants are redirecting citizens to take their business online as it (greatly) simplifies admin procedures. Although this may seem trivial, when you find yourself in the need to urgently book a medical appointment for health care reasons, you will remember this piece of advice. Embrace the digital age and let go of the old ways. So less ‘mañana, mañana’ and be pro-active about it for your own good. Ignore my advice at your own chagrin.
If you want to avoid yourself much aggravation in the future, please follow my advice, and exchange your old green card for the new TIE card. This is accomplished only within a few weeks and for a very low fee.
Registering for Spanish residency after the 06-07-2020
Spanish Immigration Authorities unexpectedly overhauled the residency procedure, without giving notice, in early July this year, causing a bit of a commotion as we reported at the time. All UK nationals applying for residency after the 6th of July 2020 must attain a biometric residency card known as Foreign Identification Card (or TIE, in Spanish). It will state it has been issued to the holder under the terms of the Withdrawal Agreement.
Deadline to apply for Spanish residency
The deadline to register with the Spanish Immigration Authorities as resident, and benefit from the array of rights under the Brexit Withdrawal Agreement, ends on the 31st December 2020. Residency applications are electronically tagged, so what matters is to apply before year’s end, even if the decision on your matter is taken by Spanish Immigration Authorities on the following year.
For argument’s sake, if you file your application on the last day of the deadline, on New Year’s Eve, even if the Immigration Authorities decide upon your file on the 21st February of 2021, you would still be granted a residency permit under the terms of the Withdrawal Agreement, that is safeguarding your EU rights. Obviously, this is just an example; plan ahead, and don’t wait until the eleventh hour to file your residency application.
EU Rights after the 31st December 2020
The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the Union and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.
If you are resident in Spain at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Spain.
Does attaining a Spanish residency permit make you a tax resident in Spain?
This is a tricky one, and I have to reply, ‘no and yes’.
No, because registering for admin residency is independent of tax residency which is altogether a different legal concept.
And yes, because as its own name implies, residency by its very own nature entails you will remain in Spain for a long period of time, normally exceeding the 183-day rule our Tax Office cherishes so much. If you spend 184 days, or more, in Spanish territory you automatically become tax resident.
I know, clear as mud, but life is full of grey areas. More details in our blog post: Dual residency and hogwash.
In conclusion
Any EU national living in Spain for more than 90 consecutive days must apply for a Spanish residency permit, by law.
Please note that you may remain lawfully, within Spanish territory, a maximum of up to 90 days within every rolling six-month period within a calendar year.
As the Brexit transition period draws to an end, it is important UK nationals attain a Spanish residency permit taking advantage of the lenient conditions currently in existence while they last.
You should be advised that attaining a Spanish residency permit is taking (in Malaga) several weeks, so please plan ahead accordingly. What matters is that you file for it before the 31-12-2020 deadline.
Please, for your own sake, don’t sleep on this as the clock is ticking.
For updated information on all residency matters, please browse UK Gov Living in Spain Guidance.
Solicitor Raymundo Larraín explains to us the new sweeping changes in Spanish residency for British nationals that came into force as from the 6th July 2020. These changes apply nationwide.
Marbella-based Larraín Nesbitt Abogados (LNA) has over 17 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.
You can review here our client’s testimonials.
DISCLAIMER: the new residency procedure has some grey areas that still require official confirmation. Until such time, some of the below-listed points are subject to change. This post will be edited accordingly as new information becomes available.
Inset photo: new TIE card
EDIT (06-07-2020): new residency changes apply to all of Spain as from 06-07-2020
EDIT (07-07-2020): added 3-month deadline for existing residency permit holders to swap green cards for new TIE cards
Article copyrighted © 2020. Plagiarism will be criminally prosecuted.
By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
Friday 3rd of July 2020
The following blog post applies only to UK nationals.
There was a bit of a commotion early on this week when all appointments made by UK nationals were cancelled on Wednesday across all police stations on the CDS.
Due to Brexit, a new two-tier system has been brought into place on applying for Spanish residency.
The changes listed below apply nationwide.
Newly arrived applicants will have all their residency applications handled directly from the capital of each province they wish to relocate to i.e. on the Costa del Sol they will all be handled directly from Malaga. Going forward, police stations and Centros de Extranjeria no longer deal with new applications. Any appointment made will be cancelled.
The requirements new applicants need to meet vary depending on each individual case, which is why we won’t go into specifics. You will receive a TIE card (see inset photo above).
We strongly advise all UK nationals applying for a residency permit in Spain for the first time, to take full advantage of the transition period and apply now before year’s end. The application requirements will change drastically as from the 01/01/2021, becoming very stringent, as you will be treated as a non-EU national. Many will not qualify as from 2021.
We must distinguish between those that hold a 2 or 5-year residency permit. In both cases, their residency applications and renewals work the same as before – no changes until the 31/12/20. The new TIE card supersedes previous green cards.
They are regarded, for the time being, as EU nationals until the 31st December 2020.
It is strongly advised that all UK nationals who are already on a two or five-year residency permit, take full advantage of the transition period, and apply now for a new TIE card before the end of this year. After 31/12/2021, you only have a 3-month deadline to apply for your new TIE card and you must be able to justify why you did not apply for it during the transition period.
TIE cards and Transition Period
Last June, Spain abolished its four-tier system for TIE cards and has now simplified it down to only two cards. All UK nationals on applying for Spanish residency, or for renewal, will be given a card for nationals of third countries (see inset photo).
At Myspainresidency, we can assist you to apply for Spanish residency for the first time, or renewals, for a very competitive fee. You will be assigned an in-house specialist to deal with your matter. Call or email us free of compromise. We only deal with residency permits on the Costa del Sol (Malaga province).
Article copyrighted © 2019. Plagiarism will be criminally prosecuted
By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
8th of January 2020
Introduction
Are you planning to relocate to Spain?
Larrain Nesbitt Lawyers offers a comprehensive range of residency services making us a one-stop provider for all your immigration & residency needs.
From something simple as attaining a NIE number, to open a bank account, or even buying your house in Spain, we have all your needs covered.
On hiring one of our immigration services, our company assigns you an in-house residency specialist that will handhold you through the entire admin procedure. We offer all the following immigration & residency services, from standalone services to all-inclusive immigration family packages.
All residency services featured below available only on the Costa del Sol.
This is a privileged fast-tracked visa that rolls the red carpet and grants the right to work & reside in Spain for the investor, and his family (including dependent parents), allowing unfettered travel across Europe´s Schengen Area. The investor has the right - but not the obligation - to reside in Spain. Which paves the way to not be regarded as tax resident in Spain. As an example, your spouse and underaged children may live, study (and work) in Spain whilst the main investor resides outside of the EU taking care of business and being considered for tax purposes as non-resident. In other words, and in plain English, attaining a Golden Visa does not preclude your tax residency in any way; which is of particular interest to HNWIs and UHNWIs.
This visa greatly streamlines the standard residency procedure cutting out all the red tape and greatly reducing the application time frame. For affluent non-EU investors, this is hands down the residency option that should be pursued if money is not an issue.
To qualify, you can either buy a house in Spain (cheapest and easiest option), deposit a large sum of money in a Spanish bank account (also known as Wealth visa) or become an entrepreneur investing in a major project. The initial application is for two years and following this you can renew it for a further 5 years. You may then apply for permanent residency that can lead to citizenship, at your choice.
Since its launch in 2013, we have achieved a 100% application success rate.
More on this service: Golden Visa Service
The non-lucrative residency permit allows you to stay in Spain for a period of 1 or 2 years (as it is a temporary residency authorization), plus renewals. The first and second renewal lasts two years. At the time of applying for the third one, you may apply for the long-term residency in Spain. In case you apply for the long-term residency, you should renew it every 5 years.
As it has a non-profit nature, it does not allow you to engage in any professional activity or employment. You are required to be self-supporting, having your own means to live. If you are able to prove that you have enough funds to this end, and that your stay in the country won’t induce government expenditure, you will qualify for this permit.
More on this service: Spanish Residency: non-EU nationals - non lucrative permit
As its own name implies, this permit allows the applicant to work in Spain as you will be self-employed. This residency applies to someone who is looking to set up his own business in Spain. Typically, you will be acting as director or company administrator. Needless to say, one of the key requirements is that you will have enough means to be self-supporting both for yourself and your family.
Outlining and submitting a sound business plan is required by the Spanish Authorities. You will be required to work in the business plan which is submitted. You can either set up a new business or else take over an existing business. Renewals of this type of permit are guaranteed so long as the business is making a profit and money is not owed to either the Social Security or Spanish Tax Office.
As stressed, devising a professional business plan is paramount to the success of this application; LNA can assist you both devising one, to meet their stringent expectations, as well as attaining the residency permit itself.
This permit allows the investor's family to live and study in Spain (but not to work).
More on this service: Spanish Residency: non-EU nationals - lucrative permit
More on this service: Spanish Residency: EU nationals
More on this service: Social Security Homologation
We also offer a specific service for those seeking to apply for Spanish nationality.
A Spanish passport is amongst the top 5 in the world following the prestigious annual ranking elaborated by Arton Capital and Henley & Partners (Henley Passport Index). It allows unfettered access to 187 countries without a prior visa (out of 195 countries worldwide).
More on this service: Spanish Nationality
This is a tax identification number for non-residents that is required to pay taxes in Spain and carry out almost any administrative procedure, including renting or buying property – simply essential.
Conclusion
If you plan to relocate to Spain, Larraín Nesbitt Abogados has over 17 years’ experience assisting expatriates. Calls us and one of our friendly staff will guide you through the wide range of immigration and residency services available from us.
Our client’s testimonials, collated over the years, are truly our best business card and a testimony to our team’s good work.
Article copyrighted © 2.013, 2.017, 2.018 and 2.019. Plagiarism will be criminally prosecuted.
By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
8th October 2019
Introduction
The Spanish Golden Visa is a success story.
It has become the gateway to Europe for thousands of applicants pursuing the European dream. They have collectively invested over 2 billion euros since its inception in 2013. Although Spain’s visa programme was a flop initially, as it fell well below expectations and was marred with teething issues, an ambitious overhaul in 2015 made it extremely competitive compared with similar schemes offered by fellow EU countries. So much so, that this massive tweak enabled Spain to confidently overtake Portugal in 2017, becoming Europe’s leading Golden Visa supplier. This is unsurprising, given how Spain overtook the US as the world’s second biggest tourist destination. Spain has become one of the most attractive countries in the world to live and work in.
Although this procedure was originally tailored to cater to well-off Chinese and Russian nationals, many other nationalities have taken advantage of it. British nationals should consider looking into it with renewed interest in a post-Brexit era. The reason is because this scheme would allow British nationals – that lack a EU passport – to travel across Europe skipping pesky passport controls on equal footing to EU nationals. Much like before the UK voted to break away from the Union. You really do not want to be stuck over 3 hours at Heathrow every time, trust me.
Spain’s Golden Visa programme allows affluent non-EU applicants, and their dependants, unfettered access across Europe´s Schengen Area. Travel unmolested through all of Europe.
A Golden Visa enables you, and your family, to live and work in Spain (Europe). This visa guarantees Spanish residency, which eventually leads to Spanish citizenship (optional). Live the dream, apply now!
If you fancy an in-depth take into this subject and read all the advantages a GV has to offer you and your family, please browse our articles listed at the end of this page. Or simply pick up the phone and talk with one of our friendly in-house residency experts.
Apply today for your Golden Visa through Larraín Nesbitt Lawyers: Golden Visa Service. Your family’s success is only one call away: (+34) 952 19 22 88.
Thousands of non-EU nationals have already secured their families’ future and well-being on benefiting from this special arrangement that rolls out the red carpet cutting through all the red tape. Spain’s Golden Visa is a success story, be a part of it!
Why haven’t YOU invested in your family’s future?
Only on the excess above €500,000. The law only requires that the first €500,000 is unencumbered – meaning the equity threshold must be free. The excess can indeed be financed through a mortgage loan if necessary.
No, it is unnecessary. A GV overrides this requirement. This law specifically targets affluent individuals who will normally be residing and working elsewhere. That doesn’t preclude the investor’s spouse and children from living and studying (or even working) in Spain (Europe).
Yes eventually, assisted by lawyers specialising in residency. Larraín Nesbitt assigns you an in-house residency specialist to handhold you during the whole visa procedure.
On average, it takes under 2 months.
Yes. Following a change in the GV law, the main applicant may now work in Spain.
No. This blue-ribbon visa targets wealthy non-residents who must hire their own private insurance.
Yes, of course. A married couple and their children under 18 are included under the same application as a family unit. Same-sex partners qualify as a married couple. In some cases, children over 18 y.o. are also included. The term family must be understood broadly.
Two years, and you may renew it for a further 5 years.
In a nutshell, yes. Holders of a Spanish Golden Visa do not require a visa to enter Europe’s Schengen Area. They can transit and enjoy free movement within the Schengen Area for a maximum period of three months (90 days) in every rolling six-month period from the date of first entry. You will have unfettered access to move within the EU.
Through our law firm. We have 16 years of experience at your service.
Interested? Come and speak to Larraín Nesbitt Lawyers’ friendly staff who will be pleased to guide you through Spain’s Golden Visa programme. Your family’s success in Europe is only one call away: (+34) 952 19 22 88.
"The predecessors plant trees [and] the next generation cools off in the shade." – Ancient Chinese proverb.
Article copyrighted © 2.013, 2.017, and 2.018. Plagiarism will be criminally prosecuted.
By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
8-8-18
Introduction
The Spanish Golden Visa has become the gateway to Europe for thousands of applicants pursuing the European dream. They have collectively invested over 2 billion euros since its inception in 2013. Although Spain’s visa programme was a flop initially, as it fell well below expectations and was marred with teething issues, an ambitious overhaul in 2015 made it extremely competitive compared with similar schemes offered by fellow EU countries. So much so, that this massive tweak enabled Spain to overtake Portugal last year, becoming Europe´s leading Golden Visa supplier. This is unsurprising given how Spain overtook the US as the world’s second biggest tourist destination.
Although this procedure was originally tailored to cater to well-off Chinese and Russian nationals, British should seriously consider looking into it with renewed interest post-Brexit. The reason is because this scheme would allow British nationals - that lack a EU passport - to travel across Europe skipping pesky passport controls on an equal footing to EU nationals. Much like before the UK voted to break away from the Europe Union. Avoid lengthy queues at EU airports.
If you fancy an in-depth take into this subject, you can take a peek at our 2013 article: Investor Guide to Spain’s Golden Visa Law.
Spain’s Golden Visa programme allows affluent non-EU applicants, and their dependants, unfettered access across Europe´s Schengen Area. Travel unmolested through all of Europe.
A Golden Visa enables you, and your family, to live and work in Spain (Europe). This visa guarantees Spanish residency, which eventually leads to Spanish citizenship (optional). Live the dream, apply now!
Apply for the keys to your Golden Visa through Larraín Nesbitt Lawyers: Golden Visa Service. Your family’s success is only one call away: (+34) 952 19 22 88
Thousands of non-EU nationals have already secured their families’ future and well-being on benefiting from this special arrangement that rolls out the red carpet cutting through all the red tape. Spain’s Golden Visa is a success story, be a part of it.
Why haven’t YOU invested in your family’s future?
Applicants pursuing investor visas must comply with the following general requirements:
Qualified residency permits to non-EU residents will be offered in return for any of the following:
Interested? Come and speak to Larraín Nesbitt Lawyers’ friendly staff who will be pleased to guide you through Spain’s Golden Visa programme. Your family’s success is only one call away: (+34) 952 19 22 88