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GRANTS ANNOUNCED TO HELP SELF-EMPLOYED WORKERS DURING THE CESSATION OF THEIR ACTIVITY DURING THE STATE OF ALARM CAUSED BY CORONAVIRUS – COVID 19

BENEFICIARIES

An extraordinary benefit is created for those self-employed workers who have seen their income level drop below 75% of the average of the last six months. All this as a consequence of the measures adopted by COVID-19.

REQUIREMENTS TO HAVE THE RIGHT TO BENEFIT

  • Be affiliated and registered in Social Security at the date of the declaration of the alarm status.
  • It is not necessary to have coverage for cessation of self-employed activity.
  • It is not necessary for the self-employed worker to unsubscribe from his activity (Model 036 or 037).
  • Be up to date with their Social Security obligations (if they are not, they will be invited to pay).
  • Any self-employed person whose activity has been suspended due to Royal Decree 346/2020 or whose turnover has been reduced by 75% may request it.
  • If you have workers in charge, you must carry out an ERTE and, in addition, request the cessation of activity.
  • There is no minimum requirement to have access to said extraordinary benefit.

WHAT DOES THE BENEFIT CONSIST OF?

  • The benefit will consist of 70% of the regulatory base. If there is no shortage, the minimum contribution base (€ 944.35) will be taken into account to calculate the benefit to be received.
  • The duration of the benefit is 1 month, extendable until the end of the alarm state.

For further information, please contact us

AVISO A CLIENTES

Por causa del RD 463/2020 de 14 de marzo, por el que se declara el estado de alarma para la gestión de la situación de crisis sanitaria ocasionada por el COVID-19, nuestras oficinas permanecerán cerradas al público y no atenderemos de forma presencial. No obstante, les atendemos a través de nuestras líneas telefónicas 971728010 y 971132359 y a través de nuestros mails emery@moyaemery.com  laboral@moyaemery.com  fiscal@moyaemery.com

¡Salud y fuerza!

Todo irá bien

Summary of the economic, social, sanitary, labor and regarding leisure measures approved in the extraordinary Council of Ministers of march 12th to fight the coronavirus

The economic measures included in today’s Royal Decree Law are a first package of urgent measures, which will take effect immediately. But these will not be the last measures.

This afternoon I will have a videoconference, as you know, with the Social Agents, specifically with the leaders of the main unions and employers, to explain the measures adopted and discuss with them other possible necessary actions, which would be approved in the following days, such as benefits for working families for the care of children due to the closure of the educational centres to which I have previously referred (or others such as internal adjustment measures for staff to protect employment or temporary postponements of social contributions for PYMES).

Naturally, the economic response to this emergency would be facilitated if we could already count on new General State Budgets, which are increasingly urgent. Some General Budgets that will have to be no longer social, because they will have to alleviate the ravages of an emergency that is sanitary but is also economic. If new budgets were necessary a month ago, the crisis we are going through makes them urgent.

IN THE TAX FIELD

  • Deferrals and instalments of your tax debts with the Administration for a period of six months, without interest. In other words, we are going to grant deferrals of their tax debts with the Administration for 6 months without interest
  • Deferral of repayment of loans from the Ministry of Tourism, Industry and Commerce to industrial companies

IN THE SCHOOL FIELD

Cancellation of educational activities (kindergartens, schools and universities) and encouraging distant and online training.

IN THE WORK FIELD THE FOLLOWING IS RECOMMENDED

  • Promotion on behalf of the companies to carry work out by teleworking.
  • Preparation and updating, when appropriate, of business continuity plans of the company where the updates to be carried out due to the situation originated by the coronavirus.
  • Promotion of flexibility of hours and staggered shifts
  • Teleconference meetings are better alternatives to conventional meetings.

IN THE TRANSPORT FIELD

  • Avoid trips which are not essential.

IN THE SANITARY FIELD

  • All people who start having respiratory symptoms and / or fever should remain at home, avoiding going to their workplace and health centres as long as their clinical condition allows it.
  • All elderly people or those who suffer from chronic or multipathological diseases or with states of congenital or acquired immunosuppression, should avoid leaving their home or residence except in cases of strict need and, in any case, should avoid crowded places where it is not possible maintain an interpersonal safety distance of at least one meter.
  • Promote home care for the elderly.
  • Restriction of access to the patient’s companions in hospital emergencies and social and health centres. It is recommended to reduce visits to elderly people who are in social and health centres.

IN THE LEISURE FIELD

  • All cultural events and activities involving more than 1.000 assistants in closed spaces will be cancelled.
  • All cultural events and activities involving less than 1,000 assistants must reduce their capacity to 1/3 to ensure a distance of at least 1 meter between assistant.
  • All national and international sports events, professional and non-professional, will be held behind closed doors or cancelled.
  • Suspend Imserso travel for one month, as they are the most vulnerable group to this disease, our elderlies, and we have established that all major sporting events, professional and non-professional, in national or international competitions, are held behind closed doors in all our country.

IN THE WORK FIELD

  • Expanding the Social Security bonuses in discontinued fixed contracts, so that these bonuses now cover the months of February to June 2020.
  • Infected people – or in preventive isolation – are considered to be temporarily disabled due to professional contingencies. This implies that, from the day following the sick leave, these people receive 75% of the regulatory base charged to the Public Administration.
  • Recommend teleworking to avoid displacement. Or, in the case, the organization of staggered shifts in companies to reduce concentrations of people and the consequent risk of infection.

Given the economic-labour-work measures that the President of the Government has communicated after today’s Extraordinary Council of Ministers, it seems that the most effective measure that the company will have to do will be the processing of the CRISIS file consisting in the suspension of employment contracts of its workers temporarily. This file is better known as ERTE- Temporary Business Regulation File.

The ERTE allows various actions, such as:

  • Suspension of employment contracts temporarily. They go on to collect unemployment benefit (PARO)
  • Reduction of the working day and jointly share with the SOIB the payment of the wages with the payment of the employment subsidy (PARO).
  • Negotiate new salary conditions (salary reduction without touching the working day).
  • Dismissal of Workers for economic reasons.

PROCEDURE

Documentation for temporary suspension of employment contracts or reduction of working hours.

The procedure begins by communicating the opening of the consultation period through a letter from the employer to the legal representatives of the workers, a copy of which will be sent, together with the communication, to the Labour Authority.

The consultation period with the legal representatives of the workers will last no more than 15 calendar days (if there is an agreement between the workers and the company, the process can be started immediately)

COMMON DOCUMENTATION TO ALL PROCEDURES FOR SUSPENSION OF CONTRACTS OR REDUCTION OF WORKING HOURS

A) Official forms duly completed, specifying the causes of the suspension of contracts or reduction of working hours.

B) Official annexes of affected workers duly completed, indicating their number and professional classification, for the purposes of their future referral to SEPE. When the regulation file affects more than one work centre, this information must be broken down by centres, and in the case, province and Autonomous Community.

C) Number and professional classification of workers regularly employed in the last year. When the regulation file affects more than one work centre, this information must be broken down by centres, and in the case, province and Autonomous Community.

D) Power of Attorney that proves the legitimacy of the representative who formulates the communication on behalf of and representing the company. In the event that it is a natural person, D.N.I. of the person making the communication.

E) Specification and detail of the measure of suspension or reduction of working hours.

F) Criteria taken into account for the appointment of the workers affected by the suspension or reduction measure.

G) Report explaining the cause of the suspension or reduction of working hours of the contracts.

H) Documentation accrediting the conjunctural situation of the company’s activity.

I) Information on the composition of the workers’ representation, as well as the negotiating committee for the procedure, specifying in the event of several work centres affected if the negotiation is carried out globally or differentiated by work centres. Likewise, the work centres without unitary representation and communication document referred to in the section must be informed. 4, Art. 26, Royal Decree 1483/2012, of October 29, or, where appropriate, minutes relating to the attribution of representation to the commission mentioned in the aforementioned provision.

J) Request for a report to the legal representatives of the workers, in accordance with letters a) and b) of section. 5, Art. 64, Statute of Workers.

K) Accredit delivery of the documentation collected in Art. 17, Royal Decree 1483/2012, of October 29th.

Could Brexit be stopped?

What a great question! For now, the answer is no.
Last Tuesday, a Scottish court rejected the attempt to bring to the European Court of Justice (ECJ) the legal attempt that could clarify whether Britain could finally stop the Brexit process unilaterally.

This singular case was presented by a group of anti-Brexit legislators in order to verify if the proposal of Great Britain to leave the European Union could be reversed. That could be possible if London withdrew its notification of Article 50, for which the Brexit was formally initiated.

The judge J. Raymond Doherty of Scotland’s top civil court declined to refer the matter to the ECJ: “I am not satisfied that the application has a real prospect of success. Permission to proceed is refused,” he said.

Despite it, a lawyer from the group that filed the case said they would appeal the decision.

This proposal is important in order to know if theoretically, Britain has the opportunity to unilaterally withdraw its Article 50 notification, regardless of whether the other EU member states would authorize it to do so.

So far there are no plans to stop the Brexit, it is more, Theresa May is to chair today, the first of two key Brexit meetings with her senior ministers as the government faces more calls to clarify the UK’s position and next Thursday will focus on North Ireland, immigration and on trade.

For now, we must wait for the communications of the senior ministers and Theresa May to know what will happen with Brexit

The EU wants to define the safety limits on Brexit

We are getting closer to the final moment on Brexit and now it’s up to Europe to define the participation it will have in this matter.
The General Affairs Council, which is made up of Ministers or Secretaries of European Affairs belonging to the member countries of the EU, has marked the lines that will shape the negotiating mandate of Michel Barnier in order to develop the Brexit negotiations. Among these lines, there are no surprises but more details about what the European Union wants and what the European Union will allow in the coming months.
As already reported, EU member states will be willing to allow the UK to negotiate trade agreements with other countries during the 21-month transition period that will be set after the EU exit, ie 21 months from March 29, 2019.
For this to happen, an express permission of the EU will be required.
Now, the problems are concentrated in London, which since the summit of heads of State and Government last December, has barely managed to define what it wants, how it wants it and how it hopes to achieve it before and after the definitive break with the European Union. Although time is running very fast, it can not be said that there will be concrete talks about what is known as the second stage.
At the last summit, they began to discuss issues about the future of business affairs, after confirming that the UK had made sufficient progress on the most worrisome issues for Brussels, such as the rights of citizens after departure. There has also been progressing on the issues that refer to the exit invoice and the jurisdiction of the courts in the future when there would be open cases. We will have to wait until the summit of leaders in March to be able to know what progress we can find.
At the moment, we know that, there will be a transition of 21 months from the exit of the EU and that the UK will continue to be part of the market and will be subject to European standards until December 31, 2020, which means a positive response from Europe before this request from the United Kingdom.
However, the transition period has a cost and this is the acceptance of the new European laws without intervention in the legislative process. This condition can be understood to be mandatory since it is almost impossible for March 30, 2019, to be fully organized for the total separation with the EU.
Europe is not happy either after David Davis’s announcement about continuing the negotiations until the end of the year. However, they are trying to accelerate the process so that he can have something solid to present to the European Parliament before October.

At the moment we have to wait for news about the destination that will take the UK exit from the European Union

Why i need a NIE number to buy a property in Spain?

Spain is a beautiful place to live, and if you planning to move here, you better have to know “what’s an NIE?”.

In this article, we want to explain to you why you need an NIE and how to get one, either in and outside of Spain. There you can find the information about to get an NIE for buying a property.

First of all, we will start to tell you “What is an NIE?”

N.I.E. is an abbreviation for Número de Identidad de Extranjero, that means “Identification Number for Foreigners”. The NIE will be you all-purpose identification, including your tax number in Spain. You will need it for all the process you will initiate in Spain. If you want to buy a property, you will need an NIE number due to the state will want you to pay your taxes. The Income-tax (“La Renta”) and the annual wealth tax (“Impuesto sobre el Patrimonio”) both are declared by resident and non-resident property owners.

One of the most important things about the NIE number is that it is indefinitely valid and it wouldn’t expire before 3 months. However, maybe you could find a notary that refuse to accept a certificate that is older than 3 months, which could cause problems for property buyers trying to sign deeds more than 3 months after obtaining their NIE certificate. If you want to buy, it would be safe to sort out your NIE number when you find a property you want to buy and cand complete within 3 months.

Who needs a NIE?

There are three types of persons who need a NIE in Spain:

  • Any foreigner who becomes resident for tax purposes in Spain.
  • Any non-resident foreigner who buys a property in Spain.
  • Anyone who wants to work in Spain.

When do you need to have a NIE?

If you want to buy a property in Spain, you will need to have a NIE number by the time you sign the deeds of purchase before the notary (“la escritura“). To have your NIE on time, you need to applying for it a least 1 month before to sing “la escritura”. If you are applying via a consulate abroad you need to apply at least 2 months before. It is known that you’ll be able to get a NIE number in person in Spain in a couple of days, but sometimes it could take weeks, so the best thing you can do is allow yourself plenty of time.

You also can apply for your NIE number authorising a third party to obtain it on your behalf. To do this you need to grant them a “poder”, or power of attorney signed before the notary, expressly granting permission to request a NIE number on your behalf. You also would let them have your passport, or send them a notarized copy of it in a “copia legitimada”.

If you want to get your NIE number, you could put in contact with us. We will do all the work for you to get your NIE number.

Call us: +34 971728010
Email us: info@moyaemery.com
Web: www.moyaemery.com

Bridge is not a sport.

The bridge is a card game that is played in pairs and with a French deck. Although it may seem simple to at first, the auction system can be somewhat complex. This difficulty makes it interesting for players to sharpen their wits and compete in tournaments to see which pair is the best.
The bridge is considered as an Olympic sport according to the International Olympic Committee, and although it does not participate in the Olympic Games it has the same category as golf, squash, karate, chess or rugby.

So … if I win a bridge’s tournament, can I benefit from the VAT exemption?

The CJEU believes that is not possible and has given the reason to the British justice when considering that the bridge is not a sport, alleging in addition that to be, it would be necessary, at least, a significant physical component, without sufficing to have a significant mental component. The CJEU does not dispute that this card game is a beneficial activity for physical and mental health, but clarifies that it’s no reason for considered a “sport”.

The judgment clarifies that in the absence of a definition of the concept of “sport” in the VAT Directive, its meaning and scope should be made in the usual sense of the current language and the context in which it is used should also be taken into account. In addition, VAT exemptions should be interpreted restrictively, simply because they are exceptions. This argument reinforces the thesis that when it comes to exemptions with respect to “sport”, the Directive is being limited to activities that respond to the usual sense of the term, in which the physical component has a great importance.

The exemptions are intended to favour certain activities of general interest, so they can’t be applied to all activities of general interest, that’s why the exceptions are listed and described in a very detailed, especially in what they are related to the practice of sports or physical education.

Therefore, the CJEU states that for the purpose of the VAT Directive, an activity such bridge is not a sport because it is characterized by a physical component that is insignificant. This does not mean that this type of activities with an insignificant physical component cannot be considered as “cultural services”, leaving it up to the member states to determine what kind of cultural services will be exempt.

Requirements to work as a self-employed person being Non-Community

When you arrive in a new country you can find new opportunities in your life, and among them, you can find new job opportunities.
One of the advantages offered by the European Union for all its citizens is the free movement of community members between member countries, which offers great benefits for the incorporation of work both for others and for own account in other member countries.

However, non-community members do not have as many advantages as community members, and in order to start developing a business, they will need to fulfil a series of requirements that we tell you today on our blog, to carry out their business activity.

We will find everything necessary to work in Spain being Non-Community in the following norms:

  • Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and its Social Integration (articles 25 bis, 36 and 37).
  • Law 12/2012, of 26 December, on urgent measures to liberalize trade and certain services.
  • Law 30/1992, of November 26, on the Legal Regime of Public Administrations and Common Administrative Procedure.
  • Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 103 to 109).
  • Instruction DGI / SGRJ / 05/2007, on the incorporation, in the files of authorization for temporary residence and self-employment, of certain reports that will be considered as evidence of compliance with certain regulatory requirements, without prejudice to any other Means of proof admitted in law.

Taking into account the regulations, we will first need a temporary residence and work permit for foreigners who are not resident in Spain. With it you can carry out a lucrative activity on your own, that is, we can be self-employed.

In order to obtain this authorization, certain requirements will have to be fulfilled:

  • Not be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or be a relative of citizens of these countries to whom the Union citizen’s regime may apply.
  • To not be found irregularly in Spanish territory.
  • To not have a criminal record in Spain and in their previous countries of residence for crimes that exist in Spanish law.
  • Not to be banned from entering Spain and not to appear as reprehensible in the territorial space of countries with which Spain has signed an agreement in that sense.
  • Not to be found, in the cases that it is necessary, within the term of commitment of not return to Spain that the foreigner has assumed when returning voluntarily to its country of origin.
  • Comply with the requirements that the current legislation calls for the opening and operation of the activity that is wanted to perform.
  • Have a qualifying professional qualification or accredited experience sufficient to carry out the professional activity. In cases where necessary, it will be necessary to register.
  • To be able to prove that the planned investment is sufficient and the incidence, in the cases that are necessary, in the creation of employment.
  • To be able to prove that there are enough economic resources for the maintenance and the accommodation once deducted the necessary resources for the maintenance of the activity.

If these requirements are met, we will have to complete and submit the corresponding documentation in order to carry out the procedures. In general, copies of the documents must be presented and the originals must be shown at the time of application. The necessary documents are:

  • Application form in the official model (EX-07) in duplicate, duly completed and signed.
  • A full copy of current passport or travel document.
  • In the case of commercial retail or service activities that are in the Annex of Law 12/2012, which is carried out in permanent establishments, whose useful surface is equal to or less than 300 square meters, it will be necessary the responsible declaration or Prior notice, and in the cases that are necessary will need the proof of payment of the corresponding tax. For the rest of activities and professional services, the list of authorizations or licenses that are necessary for the installation, opening or operation of the activity to be performed or for the professional exercise must be presented, always indicating the situation in which are the procedures for its achievement, including in the cases that are necessary, the certifications of application before the corresponding organizations.
  • Copy of the documentation proving that you have the training, and in the cases where necessary, the professional qualification legally required for the exercise of the profession.
  • Accreditation that there is sufficient economic investment or commitment of support from financial or other institutions.
  • A project of establishment or activity to be carried out, indicating the expected investment, expected profitability and, where necessary, the job created.

The last three sections can be accredited by an appraisal report that can be issued by:

  1. National Federation of Associations of Employers and Autonomous Workers (ATA)
  2. Union of Professionals and Autonomous Workers (UPTA)
  3. Confederación Intersectorial de Autónomos del Estado Español (CIAE)
  4. Organization of Professionals and Self-Employed (OPA)
  5. Union of Associations of Autonomous and Entrepreneurial Workers (UATAE)

For all these documents, is very important to take into account that, when they come from other countries, they must be translated into Spanish or the co-official language of the territory where the application is filed.

In addition, any foreign public document must be previously legalized by the consular office of Spain with jurisdiction in the country in which the document was issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation, unless the document Has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and also excludes cases in which the document does not require legalization according to what is contemplated in the International Convention.

Having all the necessary documents and fulfilling all the requirements, we only need to follow the procedure to be able to make the request:

  1. Who can apply? It will be the foreigner personally.
  2. Where does it have to be presented? In the Diplomatic Mission or in the Spanish Consular Office corresponding to your place of residence.
  3. Are there residence and work rates? The residency and work rates will accrue at the moment of admission of the application and must be paid within 10 business days by means of models 790 code 052, model 790 code 062, section 1.5, “authorizations for self-employment “
  4. Where can I find the form? The subscription form can be downloaded from the electronic headquarters of the Secretariat of the State of Public Function.
  5. What is the deadline for resolution? The period for obtaining the resolution is 3 months starting from the day after the date on which it was entered in the register of the competent body for its processing. If during this period the Administration has not given the notification, it can be understood that the request has been dismissed by administrative silence.
  6. Who notifies the resolution? Those responsible for notifying the interested party the resolution on temporary residence and self-employment shall be the Diplomatic Mission or the Consulta Office.
  7. When the concession is obtained, the worker has one month from the notification to personally apply for the visa, in the Diplomatic Mission or in the Consular Office where he resides. This application must be accompanied by:
    • The ordinary passport or travel document recognized as valid in Spain with a validity of 4 months.
    • The Certificate of Criminal Record issued by the authorities of the country of origin or of the country or countries in which you have resided during the last 5 years.
    • The medical certificate.
    • The proof of having paid the visa fee.
  8. The Diplomatic Mission will be responsible for resolving the request within one month.
  9. When the visa has been notified, the worker will have to pick it up personally within one month from the date of notification. If the collection is not made within the term within this period, it is understood that the file has been renounced and the file will be filed.
  10. When the visa is collected, the worker must enter Spanish territory within the term of validity of the visa, which will be three months.
  11. Once in Spain, the worker has three months to make his high affiliation and subsequent contribution in the terms established by the Social Security regulations that are applicable.
  12. Within one month after the worker has registered in the Social Security, you must personally apply for the Foreign Identity Card at the Immigration Office or Police Station in the province where the authorization has been processed.
  13. At the moment in which the process of the footprint is carried out, you must show your passport or travel document and also have to provide:
    • The card application in the official model (EX-17).
    • The proof of payment e the rate of the card.
    • The accreditation of the affiliation and/or high of the Social Security.
    • 3 Recent colour photographs, on white background, card size.

When we finish the procedure we can start our new job adventure as a self-employed in Spain.

If you are thinking of starting your business in Spain and you are not a Community Member, you can come and visit us and we will advise you and accompany you during the procedure for applying for a temporary residence and work visa. If you want you can ask for an appointment on the 971 72 80 10 or you can come to visit our offices in Mallorca.
Find all our services at www.moyaemery.com

Who will take care of your children if you die?

As it is usual, you may never think of what will happen to my children when I will not be here? The natural cycle of life makes us think that when we are no longer around, our children will be adults and will be able to fend for themselves.

However, we never know what life will bring us so keeping the will can save you many problems if it was necessary. The issue we are going to discuss today is how to appoint a legal guardian for your children in case you fail. Why do we insist on this issue? Because it is a reality that is a forgotten subject, more than 58% of the British population does not get to do the will in their life, which has consequences when the time comes.

The figure recorded in Great Britain alone of orphaned children is 24,000 per year. Being a figure that makes us to consider who to trust to appoint a legal guardian for our children. We know that it is a decision that should not be taken lightly, but however it is difficult, if this decision is not taken it can have consequences such as court battles and even disputes between relatives for the upbringing and the care of the children.

Is to make a will hard and expense?

Not really. Obviously, nobody wants to think about the moment of their departure, but having everything fixed can be a relief for the heirs. Making a will is around 250 pounds, a fairly small feather and we think that we leave everything tied well, especially if we think our children stayed in a foster home until the court finally decides a guardian of their choice.
Another of the points that has to take into account to see the advantages of making a will is undoubtedly inheritance rights. Children will only be entitled to inheritance if it exceeds 250,000 pounds or also the spouse has died. Therefore, it is not as simple as we thought and they begin to come to light little requirements that complicate the designation of the inheritance if there is no good thought left while one can.

How to select the guardian?

Surely it may be the most complicated decision within a will. Appointing a guardian means giving your children and expecting them to do their duty by giving them the care and affection you want for your children. The most important thing about choosing a tutor is that if you do not do it, the state will do it for you and maybe the decision you make will not be the one you would most like. In the end this decision is one of those that must be done with the heart, you know well who will take care of your children to perfection already it is enough to observe how is the behavior your friends and relatives with your children.

Must I talk to my children about the selection of the guardian?

Contrary to what it may seem, talking to your children about who would be the best person to care for and love them can be an opportunity for your children to feel safe in the event that you fail. These conversations must come naturally so that your children can know that they will meet people who will love them. In the end is what matters most.
Therefore, what we get clear from this article today is that making a will has many more advantages than letting the state decide for you.

At Moya & Emery we are experts in inheritance law. If you need advice on how to make your will do not hesitate to contact us on 971 13 23 59. We collaborate with notaries both in Mallorca and in London so we can fully adapt to your needs.
Know all our services at www.moyaemery.com

Obtain the Spanish Nationality by Residence

The Brexit is getting closer and closer after the letter from Theresa May to Donald Tusk announcing the imminent intentions of the United Kingdom to leave the European Union.

We still do not know the conditions to be reached between the United Kingdom and the European Union. We assume that the easiest for everyone will be to opt for the option of Switzerland and will be part of the European Free Trade Association.

Our main headquarters are in Palma de Mallorca, and among our clients are several residents who are worried about the uncertainty that Theresa May has thrown over them.

In today’s article we will try to offer “a parachute” for those who want to continue within the European Union and it is to obtain Spanish nationality by residence.

There are several ways of acquiring Spanish nationality but what matters to us today is the one found in the 22 article of the Spanish Civil Code, where we talk about the regulation of Spanish citizenship by residence to foreigners. This article presents a series of requirements:

1. Period of residence: In order to be able to acquire Spanish nationality by residence the first key requirement is to have resided in Spain. For how long? As a general rule, a period of 10 years is foreseen but there are cases in which the period is shorter. For example: 5 years for those who have refugee status; 2 years for a number of countries such as Latin America, Andorra, the Philippines, Equatorial Guinea or Portugal; 2 years in case of being “sefardí” (Jews who resided in Spain).

The most special case is the one year term, which may be requested in these cases:

  • Have been born in Spanish territory and did not opt for Spanish nationality.
  • If you have been in guardianship or care of a Spanish person or institution for two consecutive years.
  • If at the time of the application he has been married for a year with a Spanish, in normal coexistence and not separated in fact or legally.
  • If you are a widower or widow of a Spaniard (provided that at the time of death they were not separated in fact or legally).
  • For those born outside Spain with up to second degree ascendants (mothers, fathers, grandparents and grandmothers) that are originally Spanish.

In these cases where the nationality is granted by residence within a year, they are considered to be in a situation of greater integration.

2. Good civic conduct: This requirement is also found within the Spanish Civil Code and what is sought is that the person who wants to obtain Spanish nationality is still “good boy” during his residence. That is, he was a good citizen. To see if they have had a good conduct will consult the criminal records of the foreigner among other checks such as police records, criminal records in their country of origin, etc.

3. Sufficient integration in Spanish society: In this case it is sought that the person who wants to apply for Spanish citizenship by residence understands and shares the social and cultural values of our country, who knows the language (Spanish) and that ultimately forms part of society.

What happens when I get the grant of Nationality?

After the administrative file has been finalized and the Spanish nationality is granted, a period of 180 days is given for the interested part to carry out a series of procedures:

  • To renounce the nationality of origin (less when one of the assumptions that give access to the nationality with two years of residence).
  • Swear or Pledge of allegiance to the King, the Constitution and the Laws.
  • Enter the acquisition in the Civil Registry.

When all this has already been done, the Civil Registry grants the person who has requested the nationality a birth certificate and a nationality certificate, which are the ones that allow the issuance of the DNI and the Spanish passport to be completed, thus completing the procedure of application for Spanish nationality by residence.

At Moya & Emery we are experts in Foreign Law. If you are thinking about obtaining the Spanish Nationality do not hesitate to contact us and we will advise you taking into account your case and your circumstances. You can contact us on 971 13 23 59 or you can come and visit our offices in Mallorca.
Know all our services at www.moyaemery.com