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Exploring Legal Frontiers in 2024: PROPERTY DISPUTES, IMMIGRATION CHALLENGES, and VISA UPDATES
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Oct 29, 2024
Moody and Ignacio from Pellicer and Heredia lawyers, discuss various legal issues and updates for 2024. Ignacio shares a recent court case involving property damage in a condo due to a water leak. The dispute arose over insurance claims and repair costs, highlighting the challenges of dealing with insurance companies. They also talk immigration matters, particularly related to the impact of Brexit. Ignacio mentions a recent court case involving the Brexit situation and the challenges faced by non-Europeans dealing with visas and administrative issues. He emphasizes the importance of planning ahead and being aware of the legal requirements when relocating to Spain. Ignacio also provides updates on the Nomad visa, discussing its categories and requirements. The interview covers various visa options, including the Nomad visa, Golden visa, and work visas, shedding light on the complexities involved in the application process. The discussion emphasizes the importance of having a thorough understanding of tax, social security, and legal aspects when considering a move to Spain. Tune in on the radio, on www.bayradio.fm or watch back the the YouTube channel as Ignacio joins Moody every other tuesday at 10am C.E.T. talking through various legal issues, VISAs and updates to legislation. Like and Subscribe to our YouTube channel for more insights from BayRadio Spain, and follow us on Social Media: Website: http://www.bayradio.fm/ Facebook: https://www.facebook.com/BayRadioInSpain Instagram: https://www.instagram.com/bayradiospain/ To get in contact with Pellicer & Heredia International Lawyers: www.pellicerheredia.com
View Video Transcript
0:00
so we know we're back because igno is
0:02
here from P already abogados and we've
0:05
talked about some of the new bits for
0:07
2024 um I when I was promoting it
0:10
earlier on before you came in I said um
0:12
it's always good value and I like asking
0:14
you about the court cases you like tell
0:16
the judge off tell him what he's doing
0:18
wrong well don't mess about they can't
0:21
yeah well last Monday I had one and this
0:24
this time was uh about damages in a
0:27
property in a condominium in in a
0:29
building
0:30
and um this lady on the 7th uh left the
0:34
water open the tab open or the shower
0:38
and start going the water into the sixth
0:40
floor fifth floor so the guy um who's uh
0:45
looking after maintenance of of the
0:47
building just to tell the guy that um he
0:51
had water but it was rivers of water
0:54
well here we go you know how these
0:56
things work some some flat will have
0:58
insurance some flat don't have insurance
1:00
and and then the the lady had their her
1:04
own insurance but you know how the
1:06
insurance are sometimes they're Square
1:08
they're robots and squares sure so he
1:11
took this client uh an average of they
1:14
wouldn't repair it because they wouldn't
1:15
send somebody to repair it but you had
1:17
the
1:18
damage um and um and and they wouldn't
1:22
pay because they argue with your
1:24
invoices I mean I spend
1:27
,500 but uh they wouldn't pay they
1:30
wouldn't pay because they think that's
1:32
not the right price right because you
1:34
know Insurance yeah I think when you're
1:36
working for an insurance claim you know
1:38
they depreciate they say well well you
1:41
know and that was the case about in
1:43
court and we I had to bring the
1:45
carpenter the painter because they they
1:48
will appeal these invoices they will say
1:51
basically that price is not correct well
1:53
the price is what it is I mean I mean
1:55
you just hire people to repair your
1:57
property because they are not repairing
1:59
the property
2:00
yeah sure and sometimes you think about
2:02
all these things and say what a waste of
2:04
a lot of time and stressful people you
2:06
know cuz the stress you never get paid
2:09
for it is very hard then you have um you
2:13
need to find your own people to do it
2:15
and it's never perfect because it's
2:17
never the same way it
2:18
was the lady will rely on the insurance
2:21
say no that's my insurance well least
2:22
she had Insurance could have been a
2:24
whole mess otherwise well the otherwise
2:25
I would have had to sue her anyway but
2:28
she would have had the
2:30
representation and if she didn't have
2:32
money obviously it's pretty much like
2:34
swing somebody with no money it's it's
2:36
waste of time as well yeah yeah where's
2:38
it going to come from sure and I'm
2:39
waiting for that um that sentence and
2:43
another one that you would love um is
2:45
about immigration I had I don't know if
2:48
I told you last time I went to Mia that
2:51
was before that was 2023 December right
2:54
and um it was a great a great um debate
2:59
J
3:00
uh as the lawyer of the state about the
3:03
brexit thing you remember the ti pre-
3:05
brexit but there's still people still
3:08
people mury without that
3:11
TI um still we're still fighting through
3:13
the courts and this judge in Mia he's
3:16
not that used to so many expert he start
3:18
asking me about about the situation but
3:21
they are so stubborn these
3:23
Administration you know so stubborn I
3:25
could be telling you stories all day um
3:28
that uh they would not accept the
3:30
insurance if it was not on the date of
3:35
pre brexit which the law doesn't say
3:37
anything about it but they carry on and
3:39
going and going and going and now
3:42
they're still appealing the decision we
3:43
won we got it we got it one week ago we
3:47
got it but now they decid to appeal it
3:49
and I said these people they get me
3:51
upset you know my blood pressure goes up
3:53
well sure yeah I mean that that makes no
3:55
sense because if you are trying to get
3:57
everything correct for your ti
3:59
application it shouldn't matter if the
4:00
insurance was in place before as long as
4:02
it is now and it's ready to go so now
4:04
they decide to appeal I had the
4:06
interview with the client yesterday just
4:08
saying I'm I'm sorry but but this is
4:10
what has happened I mean now we need to
4:12
deal with with an appeal probably we
4:14
need to go back and but the good part of
4:17
it I'm going to ask for a preliminary
4:18
measure so that we'll have a temporary
4:20
Tia that's right based on the grounds
4:23
that they already got a good sentence in
4:24
their favor sure I'm going that um today
4:28
for it so that that was another one and
4:30
that was the I think that was the second
4:32
sentence in Mia about brexit really that
4:35
was the sun uh last I read no one had
4:38
being kicked out of Spain for
4:39
overstaying not not having their
4:41
document station no they're not being
4:43
aggressive on that I mean the only thing
4:45
I should tell people is that if you are
4:47
more than three months out of the six
4:50
obviously that is going to affect you um
4:52
dealing with the administration for
4:54
example if you're dealing dealing with
4:56
uh I don't know golden Visa or
4:59
non-lucrative Vis that you cannot apply
5:01
if you are illegal or if you're
5:03
irregular right so you need to be
5:05
careful um the consequences of that I
5:08
haven't seen being deported because of
5:10
that not yet no um there's been some
5:13
around the EU but not in Spain itself no
5:16
they're not being aggressive on that but
5:18
you know I
5:20
think um the non-european had enough
5:23
already of dealing with visas and and
5:25
they are probably not being that pushy
5:27
because the Visa is high enough anyway
5:30
so well these is are something you've
5:32
covered quite a bit with the webinars
5:33
previous webinars on the website which
5:36
stream live and as I say you can tell
5:38
we're back back in action for 2024
5:40
because you have one later later today
5:42
yeah we have the one for relocation I
5:44
thought it was a good one to start the
5:45
year that's a broad subject yeah so that
5:47
involves everything including visas of
5:49
course yeah yeah but the beauty of it
5:50
Moody is people getting to the chat live
5:53
chat and they send you their questions
5:55
MH and you know and I think it's great
5:57
when we are three lawyers is Pedro
5:59
Michael myself and sometime I bring
6:01
somebody from the office as well just to
6:03
be faster answering all the questions
6:06
and um and I think it's good because
6:09
you've got an opportunity to have uh one
6:12
hour of our time to just discuss all of
6:15
us loud on on on the situation and
6:19
recommendation and I think it's good and
6:21
he will be recorded anyway yes so you
6:23
can watch these back there may be
6:24
previous ones covering something that
6:26
you need to know but that is 6:30 Madrid
6:28
time so you're I see what you're doing
6:29
you're catching the the New York Folk
6:32
make it a suitable time for people in
6:33
the states as well 12:30 it's very hard
6:35
to to please everybody because with
6:37
different time scales and different you
6:39
know but anyway that makes sense yeah
6:42
because um you know it's a big big
6:43
market now North Americans yeah a lot of
6:47
them are coming over and all of them
6:48
need the Visa as well and the tax and so
6:52
there's are wide um advice to give
6:56
before they even make a move okay so
6:58
this um if you want to ask questions you
7:00
will need to register in advance correct
7:02
um and you can do that easily enough on
7:03
the website so easiest way is alakan
7:06
lawyers. if you go to the live TV bit
7:08
where there's the Red Dot webinar sign
7:10
up do that for late still time obviously
7:12
now to do it for later on this afternoon
7:14
6:30 Madrid time that's 5:30 UK and the
7:17
canaries and yeah get involved if you're
7:19
thinking about it about moving over as
7:21
you always say as much as you can do in
7:23
advance and get in place before you come
7:25
here he never is it the better I'll tell
7:29
you what that's that's yeah on the
7:30
webinar on the website alakan lawyers.
7:32
take a quick tune and talk some more in
7:33
just a moment here with ignio from pay
7:35
radi this is Bay
7:37
radio you're listening to Bay radio it's
7:41
been around for a couple of years you
7:42
know how the rest of this goes just
7:44
jumping in here because we have ignio in
7:45
from Pia and we're about to run out of
7:48
time as well dougy Mack here in about
7:49
five six minutes time here well we've
7:51
covered plenty including talking about
7:52
the webinar later which will um take in
7:55
I guess all sorts of visas um how's the
7:57
Nomad Visa going you managed to putting
7:59
more getting any more out there yeah
8:01
they're working fine finally and uh but
8:05
I I think they put more people in Madrid
8:07
um yeah yeah yeah for these um for these
8:10
speciality NORAD and uh golden yeah with
8:14
the NAD Visa there was there were lots
8:15
of categories where they were looking
8:17
for especially if it's research and you
8:20
know teaching whatever self-employed
8:23
yeah uh or just working for a you
8:26
another company or working for a company
8:28
here so there is a lot of
8:31
varieties whether there is an agreement
8:33
between the home country with Spain I
8:35
mean UK has it um United States has it
8:39
but some countries do not have it so you
8:41
need to register yourself as
8:42
self-employed and pay social security
8:44
here even though you work for the
8:46
companies outside you're allowed to work
8:49
for 80% outside and 20% here that's
8:52
right um is is is going fine is working
8:55
good um now he progressing they're very
8:58
strict I should say yes I mean when it's
9:01
when it was touted at be at the
9:03
beginning I was picturing you know with
9:05
his skateboard working on his laptop on
9:07
the beach doing just little bits and
9:08
Bobs but um you need to be earning a
9:11
certain amount as well definitely to
9:13
qualify for it yeah it's a mixture with
9:14
the golden Visa I mean you still need to
9:16
have uh
9:17
27,000 in the bank one year or 342 years
9:21
so you still is like the non-lucrative
9:23
Visa you still need to have that kind of
9:25
money then uh the noral Visa um
9:29
it could be applied for non-europeans
9:32
obviously um and then you have the tax
9:35
side and the Social Security side so it
9:37
hits three three different subjects uh
9:40
law Fields one immigration one the tax
9:43
one Social Security sure so is is the
9:46
most complex or one of the most complex
9:48
the work visa is very complex as well
9:50
the work me ideally you'd have a
9:51
contract from a company you're working
9:53
for outside of Spain that makes things a
9:55
lot you you have to and the company
9:57
needs to be established needs to be
9:59
running more than one year your
10:00
relationship needs to be more than three
10:02
months um they need to allow you to work
10:05
remotely so that's they need to
10:08
authorize you Social Security if they
10:11
pay in the home country or you pay
10:13
here and um there are a lot of things
10:16
you know and uh it takes time A lot of
10:19
preparation Moody a lot of papers a lot
10:22
of legalization
10:23
translations and submission and then
10:27
sometimes they get back to you and say
10:28
well clarify this subject or clarify
10:30
that of course yeah yeah um so as I
10:34
always said doing ahead plan ahead if
10:37
you're coming over here try to have it
10:39
already because problems come by itself
10:42
don't they all that paperwork that just
10:44
sends a shiver through me all that you
10:46
get bogged down and yeah but we're used
10:48
to these things you yeah sure and um
10:49
anyone that they've SE totally worth it
10:52
we sticking with it if you can Mak it
10:53
out to Spain then great good for you and
10:57
um yeah and then you could renew it as
11:00
well as much as the contract last so
11:03
that's very good even though the tax is
11:04
going to only last six years the the
11:08
flat Fe 24% up to uh 600,000 income and
11:14
then from there is
11:16
47% but that's going to last only up to
11:18
six years oh okay right after that they
11:21
will be like normal residents like
11:23
everybody else oh that's a new thing I
11:25
didn't know that yeah yeah every day let
11:28
yeah yeah right and that six years will
11:30
fly by very quickly as well but don't
11:33
put you off um you know thinking about
11:35
making the move out here yeah talk to
11:37
yourselves or watch this because that
11:38
will be covered as I say in the webinar
11:39
later about relocation to Spain along
11:41
with all the other visas and the
11:42
children everything else you need yeah
11:44
you're bringing family premium family
11:45
relocation with a noral Visa you could
11:47
bring the children as well I think if
11:50
you could work remotely I think he
11:51
beautiful I mean I think that's
11:53
excellent because having the opportunity
11:55
for you to jump into a different country
11:57
steel carry on work working earning a
12:00
good money if you're earning in your
12:01
home country you know I think it's
12:04
excellent I mean for those who've got
12:06
the opportunity you know not everybody
12:08
um has that but uh because some people
12:11
some specific jobs you need to be
12:13
physically in of course in the place
12:15
yeah yeah but I think it's beautiful if
12:17
you could have that and and bring your
12:19
children and have an experience and you
12:21
could carry on if you like you could go
12:23
back so a lot of people are trying to do
12:25
a lot of European are trying to do that
12:27
as well even though they don't need the
12:30
Visa but they need the law the Beckham
12:32
law which is this law is the Beckham law
12:34
being modified in the old days you will
12:38
only um it was a different way but now
12:41
they allow you to do 80% 20 this is for
12:44
European Union citizens EU yes yes the
12:47
the the Beckham law is is for any
12:51
nationality okay the NOA Visa is only
12:53
for non- Europeans oh okay so so when I
12:57
I always forget what the difference is
12:59
yeah sure when when I when Moody when I
13:01
we talk about the Norma Visa we try to
13:03
think that is a package only for Norma
13:04
Visa you know but is a mixture of things
13:07
is the taxation which it goes for
13:11
everybody so everybody who's been
13:12
outside Spain more than five years could
13:14
apply for this m will not apply for the
13:17
Visa cuz you don't need to no but uh a
13:20
lot of people uh working uh in France in
13:25
the Netherlands you know they will be
13:27
happy to work remotely
13:29
get pay what they get paid over there
13:32
pay less and leave here in the Sun and
13:34
they do and they tell me and they bring
13:35
their children's yeah so so there's
13:38
there's a bit involved in applying for
13:39
it but as I say totally worth it in the
13:41
end all right so that's as I say if you
13:43
want to ask any questions the webinar is
13:45
later on so 6:30 Mainland Spain 5:30
13:48
canaries and UK 12:30 New York time okay
13:50
saying that that sounds glamorous yeah
13:52
um and it's as I say it's a broad
13:54
subject so get involved if you register
13:56
in advance you can ask questions put
13:57
questions to our experts
13:59
all right so have a good one with that
14:00
and good to see you again okay see you
14:02
soon then we see you back in a couple of
14:04
weeks right not eat anymore into doggies
14:07
daytime doggy Ma on the way next here
14:08
Cal back later on this afternoon have a
14:10
good day news from Spain and the UK next
14:14
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