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International Lawyers on Spanish Residency, Wills and Driving Licences | Pellicer & Heredia
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Oct 29, 2024
Ignacio from Costa Blanca based International Lawyers Pellicer & Heredia spoke to Moody about how they are successfully tackling rejected TIE applications and other Spanish residency issues, the importance of making a will in Spain 𝙖𝙣𝙙 your home country if you have assets there, and there's an interesting insight into how the court system works here in Spain. You can see more about residency options at www.visaspain.today or in the blog at www.alicantelawyers.es Be sure to Like 👍 this and Subscribe to our channel if you found it useful. Website: http://www.bayradio.fm/ Mobile App: https://app.appinstitute.com/yddcc Facebook: https://www.facebook.com/BayRadioInSpain Twitter: https://twitter.com/bayradioinspain Instagram: https://www.instagram.com/bayradiospain/
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0:00
whether you've been in spain for six months or six years don't miss paether and already are in conversation with
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moody on bay radio every other wednesday at 10 a.m payethara and doredia are your
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international lawyers on the costa blanca and have been looking after the expat community for more than a decade
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see more at alicante lawyers.es wednesday morning then and doing my uh duties as dorman as well here dignathio
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was there waiting to come in and chat to us from path and already good morning welcome back morning how are you today doing fine
0:30
thank you yes good to see you i'm in adult clothes now and now it's got a bit cooler yes back in long trousers so yeah
0:36
it needs to be a bit more formal with this sort of thing yeah um but so it's just yourself today because uh pedro is
0:42
in court yes yes i suppose that means a lot yes and that takes priority over coming and chatting on the radio
0:49
that's correct actually it is impossible to cancel you know you you get these appointments
0:55
and then you need to go obviously yeah it's not like going to the north tree that probably you might even get around
1:01
a possible date but with the chorus is a fix and unless somebody's ill you have to go i give way to that any
1:08
time yes of course um so what's it like i mean we brits will be used to um the
1:14
way their courts work and a lot of them very old buildings and it's you know very they're still where the the robes and the the wigs and stuff but it's a
1:20
little bit more sort of a modern setting isn't it it's it's kind of a bit more clinical and office like what do you
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mean have you seen you've seen some of the old british stuff like you wouldn't know ron paul of the bayley but they're
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the very old court rooms the judges yeah the judges were the uh
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yeah he is a bit more than i agree yeah yeah i mean there are there are the the lower courts that there are like that in
1:43
in the uk but uh there's still you know if you go to high court he as well you will see different you know he's a bit
1:49
more traditional and and you know you you've got not only one judge you've got three
1:55
judges uh one secretary and then a clerk and and then the lawyers the public
2:02
prosecutor yeah and then you get the whole the whole scenario and it's public i mean anyone i mean not because of the
2:07
pandemic now moody but people are allowed to go and watch any trial every
2:13
day i mean now obviously because of restrictions is not allowed
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uh but i think that's going to be going back to normal that's that's how i feel you know is is
2:24
um and and i used to probably if you're queuing the problem you have is when you have a hearing like pedro today uh he's
2:31
got an appointment 9 30 but it's likely 9 30 they might be kind of like punctual
2:37
or kind of like on time you know but it's not normal practice because they might start nine o'clock they give
2:43
half an hour at safe paired trial or it depends on how complex is the hearing you know right yeah yeah and there
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therefore he overlaps and and then he starts queuing and the backlog you know is on on the
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hearing and uh went to move here to theater and i had an appointment he was canceled
3:03
four times for different reasons it was a criminal case and um and we had the appointment at 12
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o'clock oh sorry 11 o'clock and um they were late
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uh for one hour so obviously that that's pretty much nothing for us you know we're queuing unfortunately we used to
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wait uh it took us one hour and then you imagine my my core hearing was that my
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case was very very difficult very very big case yeah yeah a complicated
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complicated thing with a lot of witnesses cross-examinations and things like that and translations once was
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british the other one was dutch different translators public prosecutors etc
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and i did leave the room at three really and i was just the one
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for 11. so i was seeing my other colleagues watching me saying is when i got in they
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said is it going to be long i said well i think an hour might take well uh but it was three hours you know did you have
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to walk past them on the way out yeah they've been giving you giving you the scum tap in the watch
4:09
but i i told the clerk you see and and they they just put their diary they just well the thing is it's not black and
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white it's never going to be on time is it because there's all sorts of things come up yeah um so something like that
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you can never legislate for it no i and actually this hearing i had i i did tell
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the clerk that it was going to be a difficult one so they should have put more appointments after hours no well you
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told them yeah you did yourself i told them you know and it was the third time they cancer because once i go all the way to muthia uh and another
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translator's not there okay who was their mistake next time it was uh the car broke you know
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and this was the third time already with a hearing and and it had to happen it was already three years past the the
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event you know it was it was a fight with within between people you know elderly people and and then dutch people
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right aways and unfortunately the lady just well because of the fight
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fell and obviously had a post-traumatic um
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illness yeah you know from and and it was a long case and and we were asking for more damages because
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at the end of the day how do you prove all that fight what cause you see how do you prove
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um that all the illness came because it's only um nearer you know
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but also it's so far you know so many years later that uh you get even it's even more difficult to prove i suppose
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things and actually the sentence still didn't come through and that was the 7th of october we are today 27th yeah yeah
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so and it's likely i would inspect a sentence to come more after one month i will give minimum it is extraordinary
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though how long these cases take to i mean obviously the you know defense and prosecution are putting their cases
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together but uh that that fellow from podemos that um got found guilty of kicking a police officer
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it was in 2014 yeah i know seven years ago yeah the thing is uh unfortunately
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the process starts takes time and there is a lot of obstacles for example in my case we need to go to the forensic
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scientist and then you go well you need to have an appointment you know and and by the time
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the call realized that you need that then it's been sent to the city in this case about the city of mafia
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um and then and the problem happened moody in in this case was that the lady he was
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so in shock because post-traumatic shock um because of the fight
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um that she couldn't even uh speak in front of the judge so when we just open
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up the hearing uh she will start like mumbling or just not even able to say a
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word and the judge on the public prosecutor got saw each other and i said i told you i i didn't want to suspend
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that because because she's no well so you could imagine this sort of trial
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um and then you have another obstacle you need to have a cross examination they need to be here
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the other ones had to flow fly from from the netherlands and um i
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was representing the elderly couple so yeah so so you i could tell you so many
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stories on the whole thing and um and that was because on this fight they
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did one the north yeah the other one does the and the other de novia and then the whole administration of justice
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starts slowly and depends on the what area you're in for example hearing javier will be
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always denier right um but i've got all sort of stories for every single one so yeah and of course
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the last 18 months or so things have been held up anyway i mean yeah yes okay extra problems yeah of course
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you mentioned um obviously you mentioned dutch people there and how much of your work is with
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expats if you like you know other europeans and yeah i i could just probably um
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i will say minimum uh our work for international clients will be i could
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say 75 percent well really yeah yeah yeah or 80 percent because there are a
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lot of nationalities and uh and all the we we deal with spanish clients but
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obviously we've got that extra value knowing international law or spanish
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clients with international issues you know um and obviously where we have more values
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for this expat community where we fully understand um all the legal situation
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and fiscal situation you know uh but yes i will give that average on
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international clients right i hadn't thought of that because it's not just a case of you speaking the language or being able to get the translators you
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need to know sometimes the laws of their countries yes actually we have a court case
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now and petra's dealing is dealing with that case
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um is about the applicable law so she's russian and she started a case against the
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beneficiaries is contesting wheels basically you're getting these because what law is applicable that's why it's so important
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to make sure that the will mentions the applicable law um
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but it doesn't really prevent from a beneficiary contesting that well so in
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this case this russian client appeal
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from the the will saying that um that the applicable law
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was russian um and it was understood the other way around it was spanish and it was russian
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so it's a fight one says russian wants that right so and you need a lot of evidence um so it's very important modi
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to know the process here in spain but to be able
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to use all the international ingredients for this case sure and that's pretty
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much our speciality with international and how different is russian law to spanish law i get the idea that it might be a little bit yeah
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it's a little bit but i was quite surprised that they still have as well i've been
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to state laws um as we do and uh it's what i've been
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saying murray is different countries different percentages for example in in the uk
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you will have as well percentages if you don't have a will right was it called i've been to state
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law yeah yeah right well that's what happened within russia whether it goes
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all that for the wife or it goes for the children
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you know and i'm dealing with another cool case here as well um about um they
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did accept the inheritance but uh our client is is is saying that
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it was not correct he didn't have the correct information at the time so
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you know these sort of things that you you jill it was the wife and the children uh well one son
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um they went to the notary note with us they just went with the same representative
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they signed and now he found out there was more information missing okay and now is
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about contesting the will so especially on the inheritance money is
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very important to the whole thing is what law is applicable what forum
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you are suing because um it could be very complex
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you could be in the uk i would where do i sue him i swim in the uk i swim in the united states uh
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you know that's one of the most important questions we make when we open up a case is where do you sue somebody
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jurisdiction yeah and what is applicable law and then after that is
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a case yeah but is a long it could be very long i mean
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a lot of ingredients with international things that's why i always say the the better you leave everything tied up
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the better for what a fishery is yes uh planning and all that now if we're bringing it back to brits just very
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quickly i know we've mentioned the wills before um so a spanish resident but you know british national they were um you
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can you have you can have both will can you have an english and a spanish one yes right you could have one for the for
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your home country for for great route um you could have and then you mentioned in the whale mode that all these all
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these assets are for the uk you can have one in spain to say this is for spain or you could even do one here
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over there an international will which depending on the case how complex it is we are saying a lot
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for example let's say you have a few bank accounts in the uk and and most of your assets are in spain
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well probably and you never made a willing in the uk well my recommendation then will be do an international will
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that covers worldwide assets why because at least you've got a formal
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document where in case it's needed you could provide it to the banks if they are being difficult
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etc etc now if you have a lot of properties a lot of issues over there uh and complex things to deal with
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i recommend to keep it separate um to make things easy nothing else at the end of the day
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and um and another good tip of advice i will give the people
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is make sure when you make a will how you like things to be splitted
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and what possible consequences the beneficiaries could face for example
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children not being legal age selling properties um
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at the end of the day is family getting along well between them or are they
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going to be difficult uh on fighting against the state why because i deal with sometimes
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problems that could have been sorted before for example um
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not having if you leave everything to nine grandchildren but that's great it's better to prove to make a legacy of
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money by the executor um because you need to get the ni numbers
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you need to get the power of attorney from them and it could be very messy um so it's very important for them to
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discuss it uh with their lawyer i mean and to see it's like forecast yeah what will happen
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yeah i mean there's been many a tv show and uh movie based on that sort of thing the family falling out over the world
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and trying to chase up their share of it and that sort of thing but um it's obvious to say that um if you are in a
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position where you do have a lot of assets and things you best to have one in place even if you're not particularly old yeah because it gets if you leave it
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to the state it all gets it's you know doesn't get passed on how you might want it obviously
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actually i think is one of the most important things people when they
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want to organize themselves they need to do i always recommend when you buy a property in spain make sure
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you make it well okay just to avoid problems now you could always improve it change it modify is it's not a problem
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but just make one and um and and it is very important i should
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say that most of our clients are very good on on you know they're very conscious of during wills
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uh but i am surprised buddy there's still a lot of people with no wills right and and this is something that uh
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for example in my case with spaniards we don't have the freedom of uh
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disposal of assets for example you british you could leave everything to whoever you like whether you marry
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whether you've got children and that's great in a way because you've caught freedom on that in that respect spaniards we can we need to leave
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two-thirds to the children yeah so if i have no will everything goes to my children and the life interest goes to
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my wife i cannot do like you you leave everything for example to your partner or wife fine spain will not allow that
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no now if you don't make a will if you don't make well what is going to happen is that if your residents spend the
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applicable law is the spanish that could be very very delicate for those who are not making wills quite
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yeah because the consequences that they will have it will be exactly the same that i as a spaniard have
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and and they could change that situation easily with making a wheel um so i just bring to that um the
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attention to that because if anything happens to any of us is being controlled by the spanish law
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unless you've got specific for example british americans
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those who who personal law allows them to do
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these things like uh free disposal of assets yeah and it's good and it's great
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in a way it's great and relatively easily done i suspect uh you talk to an expert and then draw it up for you yeah
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it's a shame because here you you don't get the uh the stories that we get like uh an old old lady left her all her
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money to her parrot or a dog or something because they can do that leave it to a charity or whatever yeah
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yeah yeah a lot of people do that uh leave it to charity and uh
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you know so it's it's it's a different world everywhere is a different world i think last time we spoke it was obviously two weeks ago we you're in
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every other wednesday um you just just enjoyed the long weekend there's another one coming up right we have what we call
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it puente which is uh it's a long weekend yeah it's because that's um the brits for that's not a
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holiday the first of november not for britain's wednesday night no right here is always isn't it halloween uh bang
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holiday over there no no no no you don't get the day off right okay well you go into work dressed
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like a vampire or something no you still have to it's not none of that's a holiday um we've got 14 um holidays in
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spain 14 uh off days yeah uh eight are national i believe and the
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rest are communities and local some are very local on that yeah very local and
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uh but yes i don't know um well it's a big deal also i mean it's particularly in latin america that first of november
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it's uh it's very macabre in place of the day of the dead yeah it's quite a thing but okay well that's coming up of course this weekend
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and the clock's going back as well uh let's bring it back to something we always cover because it's it's still
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applicable very much so about residency and you've done a video um because
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what's happening now is you're having to contest um residencies that have been denied
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foreign applications yeah um most of the the work
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of the immigration well the immigration work we're having at the moment moody is is two types the ones from the uk that
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they are applying for non lucrative visa and golden visa or work visa as well
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projects etc employees and the other one is for those who were resident in a way but never
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legalized their situation those who didn't apply for the tie before the 31st of december
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and as you could appreciate in the old days it was easier um the policemen were more flexible you
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know um and now they're being very very strict uh with certain things
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um that um for one reason or the other you don't they say you don't comply with the
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requirements for example now they are just objecting if you didn't apply for the health
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insurance before the 31st of december and you're getting these placements of these people so they rejected because
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they say you did not prove um so you need to appeal that decision and
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evaluate what is worth to resubmitting back again uh even having companion spatial or
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having different strategy or uh just appealing the problem moody is appealing um is dragging on and on
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you know you could you could it could even take you one year or a year and a half because you go through the chords and things like that so it might be
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worth even to relodge it again if you could um
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probably find the solution the good thing with a tie when they come to the office
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we could always advise on many possibilities so there is not always one
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you say you have different roles to go yeah try something else so yeah it's an
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odd thing because it's as you say it's it's not like black and white sometimes you know people send the right stuff in
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like it's obvious i was here before the end of last year but it seems like sometimes you get the wrong person in a
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bad mood in the office on the wrong day and it's yeah unfortunately for example i had this
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case that is about a family that by one reason or the other
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they didn't do the pattern and you know that was one of the issues that police start raising from the first
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of january this year they didn't mention anything about the insurance and and the insurance even though you did get
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insurance afterwards um after the first of january but now
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they're objecting uh even though uh we need to interpret the law you say it doesn't say in the law that the
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insurance needs to be um this date or the other in the law says that you need to prove
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you were resident you know and you did comply with that requirements so you as you said you
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could interpret a lot i still didn't have a court case yet with regards to to
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the insurance not having it in time but this is one of the unfair or difficult ones that i'm having
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now but it is yes that's the first i've heard of that i have to say because it's it would seem to be that if you what they want is that
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you're able to look after yourself so you can you know support yourself financially but also you've got the health cover so if it's a valid policy
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then what's yeah what was the problem again well i really don't know it's like
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patreon why is the only document allowed to prove your resident patron why why
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i cannot prove without a rental contract you see yeah right but but if you go through all the legal process of of the
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courts um the judge will have to be reasonable and look at the paperwork and and you know i
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try to get even witness statements at the notary office say this person has as live in
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in in this house for x amount of years even to ask the town hall to send the
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police to double check and make a report whether you did live in that property for x amount of years so there are more
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evidence in law yeah but it's a nuisance to have to do it i know and i feel sorry for these people
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who are struggling with so many obstacles but that's where we are that's where we are i mean
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again a lot of people say i wish i would have done it before you see yeah i mean it's easy for us to say because we were
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saying you know this is coming up you need to get this and this and this in place but um every case see people are different there's different cases in
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different situations so yeah it's always not always as clear-cut as that is it no and and it's hard to even understand
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because you mentioned so many times i did mention with so many webinars or seminars on the bridges console
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so it was there saying uh but you see some people started saying oh no i don't
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believe that you know you know just to make money and things like that and then now the police just
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start being strict yeah yeah and and the problem is now everything is a bit more difficult and
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it costs more money and that's a reality as the reality but anyway here we are we'll do what we
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could do to do our best and and i feel comfortable because we've got a team that goes from
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the application to the high courts so i feel comfortable as long as we can prove and we have enough evidence
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and that's what i recommend everyone is just trying to have as many evidence literally invoices maybe being living
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here everything the only um suggestion i might say uh if by any
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reason uh you've got this problem try convenience perfect why because if you're in the system it's just like a
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flat fee you pay um if by any reason you've been rejected and you don't want to appeal
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try to connect yourself into that do a new application see how it goes and uh this is the public health system
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equivalent of social security but you pay that contribution per month uh actually um the other option you have
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if you've been denied that is just taking through the courts right this is but i will prefer to give a try
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with uh with the public just in case it will get through you know now whether it's fair unfair i
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agree is is it makes no sense but that the whole point is to get the tie
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sorted yes that's that that's the point it seems like they want to see the uh the pup you know the official like the
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padron and um if you know if you're in the social security system the public one and that's good enough for them
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they can see that that's you know that's us that's what they do i mean when you say you're in the system they check the records because they could see
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that you're in social security and they give you like the okay um and then probably they just kind of like
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you said you're not in a good mood or you have instructions now that everything needs to be proved before the
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31st of december if uh and i disagree completely because as you said i could
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be resident but at the time i was not covered by any private insurance
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um i know i should have but i didn't but now that i want to apply for it i'm covered so
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so what does it change really it doesn't really change being ready or not ready change that i was covered i wasn't
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covered and the law really doesn't say that the um that the insurance needs to be of that
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date but it really says that you need to be resident and have all the requirements yes so
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here we go otherwise you need to start from scratch with a an application and there is no doctrine
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uh and muddy i try to look into doctoring obviously this is just very
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new now and just to see similar cases to see whether the judge did make an
26:14
interpretation or not i could not find it yet no precedent no precedent right so
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we i could only inform you as i go yeah well as i say that's the first i've heard of that so uh sounds worth pointing out
26:27
how much do you have to do with the driving license whichever does that fall under your sort of your rights uh well because it's
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supposedly i mean at the moment officially it is the end of this month yes sunday that's the end of the period
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to we have to swap yours over within the insider house we have a head start that deals with that
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and uh and yes but i don't have that many for one reason or the other that
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many clients that left it for the very last minute so i could have just one or two but uh but not really i think people
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pretty much did our clients did most of it and um because this only applies for those who
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did apply before the 31st of december and of course we've been saying this for a while uh about whatever it may be that
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if you had something in place before the 31st of december that's 10 months ago now yeah we're saying is if it's you know a couple of months into 2021 but
27:17
that's nearly a year since so that sort of thing's starting to i think you know expire now what will be well i always
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say what it will be sensible but i said as well that i wouldn't think brexit will happen
27:29
because we'll come up with a with a deal and they didn't you say now i don't know
27:35
uh whether there will be it has to have i mean now you can spain has to have different treaties we have one for dual
27:41
taxation treaty and the tax yeah that's 1977. but we need to have
27:48
everything that was covered in europe now we need to have bilateral agreements we need to have one
27:54
for driving license well the last i saw and we had it in our spanish news was that the the embassy in madrid british
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embassy was appealing to the spanish government to extend that to the end of this year as far as switching over your
28:06
driving license without the need to take the test in spain yeah because but at the moment since then not heard anything
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so it is officially the 31st of october still haven't heard anything and um and
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and pretty much that's where we are yeah that's where we are i mean i know there is um you could
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you could do your lessons in english some some schools driving tests yeah you could do it in english which is helpful
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isn't it um um i don't know i think uh probably the inspectors
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um will be reasonable you know because you've been driving all your life
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uh you know yeah it got into all those bad habits the longer you've been driving the least
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less chance you have passing your tests sometimes because they want the the official the correct way of doing things
28:51
driveshafts i don't know how people really drive yeah but i've seen it over here around these parts uh they send you
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over the mountain and you're learning the first thing when it's dark in the morning yeah go over to mongol there yeah
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that's a hard one isn't it yeah that's uh that's in the deep end yeah boy but um okay well it's so that's the way things
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are at the moment with that but um anything like that it's that's what we've been doing keeping an eye on any developments yes as opposed to saying
29:14
for yourselves yeah yeah yeah at the end of the day um for those who are applying for non-lucrative visa
29:20
golden visa visa you know they've got this problem that
29:25
after they cut their tie they will have to do the driving test um
29:31
we'll see we'll see whether we reach agreements i'm i'm hopeful and i think we should get it little by
29:37
little but probably governments are busy now with the pandemic and things like that and uh
29:43
they didn't do it yet no and the thing was i mean we've obviously anyone that's here
29:48
before the referendum we were looking at it from a different perspective than brits living in in britain
29:54
[Music] why should they care about us you know it's like a handful of people to them
29:59
but it's a big deal to us absolutely yes and it's something that can be sorted you see is is is something that as you
30:07
said if you ask for an extension or you don't damage you know he's not that that
30:13
no i'm bad yeah he's for those who are coming over now i know they've got more problems but that's
30:20
where we are that's where we are but for those who have pre-existing rights and they're being here
30:25
it is quite hard i still find people the other day i met one that was here in spain
30:31
a lurie driver 18 years right with no residencia
30:36
okay so so and obviously no driver license now
30:42
if you don't have residential you don't you cannot swap it yeah of course and uh yeah i mean they may make special
30:49
um special circumstances because the lorry driver and people we need those
30:54
and they're very needed now you know every spanish people wants to give jobs and they said i'll have a job any day
31:00
but now he's stuck with that problem yeah and i'm getting on it so i'm very pleased all the time when when
31:07
i always say my team just tell me when whenever we've got all this success you know is is because we always deal with
31:13
problems and problems and problems i'm very happy when i hear all these good news oh this client got their their tie
31:19
i mean for me it's a good day you know yeah and there are lots of those i mean you're doing yeah you are contesting these
31:24
successfully so it's not all is not lost no no it's worth speaking to someone like yourselves and
31:29
you can find out more on the website which is alicante lawyers.s the easiest one for english language folk to follow i guess
31:36
and um this video that you did what about is it again it's on it's on the website going to alecantellas.esophagear.com
31:44
you say what we do what we do there's the men yeah a bit on the menu and it's immigration right and then you go into
31:50
immigration and um [Music] and then you'll find here have you been
31:55
denied temporary residence under article 15 and and then i i did a 15 minutes a
32:02
video explaining all the possible scenarios they might find
32:07
and i think it will be very useful for those who are going through this process but as you said yes um thankfully
32:15
um i think even though we deal with court cases that um
32:21
by some reason they're not attending to to to to what is reasonable the policeman
32:26
um i i'm very happy to say that um pretty much it's a very very high percentage of our clients i would say
32:33
probably 98 uh got there at ta oh excellent yeah well that's it
32:38
you know i mean one way or the other we manage but yeah when we talk about the court is for those who are struggling at
32:44
the moment and and is getting more and more and more unfortunately but
32:49
but if you look the big picture are not that many because one way or the
32:55
other you end up sorting them out you know so that's very good good to hear i said well all the details of that
33:00
everything else as well it's worth checking the blog and what we do and just have a browser around the website you can put it into english dutch french
33:08
and spanish there at uh alicante lawyers. yes we're out of time unbelievably well thanks ever so much
33:13
for coming in i know it's a it's a journey for you and you get stuck in traffic and all of that but uh we're lucky to have you as often
33:18
say every couple of weeks so see you if not both of you in two weeks time two weeks okay well thank you very much
33:24
marie my pleasure well thank you very much money my pleasure well thank you very much money my pleasure well thank you very much money my pleasure well
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