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International Lawyers on Moving to Spain, Visas and Spanish Property | Pellicer & Heredia
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Oct 29, 2024
Ignacio from Costa Blanca based International Lawyers Pellicer & Heredia was back after the summer break to talk to Moody about how they continue to help Non-EU nationals (including Brits) with the correct visa options for coming to Spain, whether it's to retire, work or work remotely. A lot of focus was on the Golden Visa and its many benefits, and this was the subject of their webinar later in the day. We're also closer to knowing a lot more about when the 'Nomad Visa' for remote workers may be introduced in Spain, and its tax implications. You can see more about residency options at www.visaspain.today or at www.alicantelawyers.es, where you can also watch back some of the previous webinars. 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/
View Video Transcript
0:00
paythair and Aradia your International
0:02
lawyers based on the Costa Blanca have
0:04
been looking after the expat Community
0:05
for over a decade our high quality
0:08
webinars are free and informative with
0:10
regular guest speakers covering
0:11
everything from wills and inheritance to
0:13
residency and post-brexit Visa options
0:16
find out when we're next going live at
0:19
alicantylawyers.es as previously
0:21
advertised quite a bit because I was
0:22
looking forward to picking up again with
0:24
pathanaredia the international law is
0:26
based on the Costa Blanca but travel
0:27
around quite a bit aleknathio is here as
0:31
they say around yeah
0:33
yeah it's back we're back again yes we
0:38
took it off we did a bit of July and
0:39
then we'll not get this one Wade through
0:42
July and August you need some time off
0:43
as well presume you did did you got a
0:45
bit of time put a bit of bread yeah
0:46
thank you for giving me a break yeah
0:48
thank you for sure it was it was a
0:50
summer that it was a hot summer for us
0:52
you know even though we use a lot of bad
0:55
conditioning as well and going and going
0:57
um on the sea but yes all always we have
1:01
to always relax and chill out a little
1:03
bit you know at least we trying to go
1:05
two to three weeks but we rotate and we
1:09
always have people in the office right
1:10
so there's still someone on duty always
1:12
do the questions carry on to the courts
1:13
well the criminal court yes by the Civil
1:16
Court closed down from the 1st of August
1:18
to the 35th of August right so it's like
1:22
void is is a null and void month for
1:25
litigation you know yeah sure and um but
1:28
yes but yes we are always having people
1:30
on duty just in case of course yeah did
1:33
you notice if they were having to
1:34
sticking to the 27 degrees Celsius
1:37
um minimum or maximum on the air
1:39
conditioning yeah well actually uh the
1:41
27 I think it was pretty much for the
1:44
administration and for the
1:47
um public sector but now is better
1:49
September is a nicer and October even
1:51
better yes of course so I mean you've
1:53
been back in it for a while now so what
1:54
sort of things are coming up you're
1:55
dealing with visas and what's the most
1:57
common thing at the moment if you're
1:59
dealing with maybe 4 foreign Nationals
2:01
well at the moment obviously if people
2:03
are looking for relocation we always
2:05
stick with the visa thing the visa thing
2:09
um it will depend on nationality that's
2:11
that's important and and the good thing
2:13
as well is a lot of people Moody are
2:16
let's say Irish a lot of people are
2:18
European and therefore they could still
2:21
get their residency the green one do you
2:23
remember the green one and in the
2:25
marriage the husband could a wife could
2:29
take the benefit of that that's much
2:31
easier much simple you know you still
2:33
stick to the 9000 Euros in three months
2:35
uh being in the padron
2:38
etc etc and not nothing to do with the
2:41
VISA requirements because you know
2:43
they're quite quite high and strong yeah
2:45
yeah sure no that's the point I hadn't
2:46
thought of that because EU National I
2:48
mean Irish you know fairness out there
2:50
they're EU Nationals yes so they
2:52
wouldn't have the card would they
2:53
because that was that was the end of the
2:55
withdrawal agreement so which is the old
2:57
yes yes residency with Ireland we carry
2:59
on the same fine and and there is a lot
3:01
of clients that they're married to an
3:03
Irish couple and therefore things much
3:07
um obviously it doesn't have anything to
3:09
do you know it's completely easier for
3:11
them which I'm happy for them because
3:13
the stress with the Consulate in your
3:15
home country you get in the appointment
3:17
in London or Manchester on you know all
3:21
these things Plus getting everything in
3:22
place plus the requirements but I still
3:26
um tell clients I mean you could still
3:28
use the three months you know you could
3:30
still come on holidays for three months
3:31
go back the three the hundred and
3:35
um 80 80 Days rule so three months
3:38
without the 180. so we use chill could
3:42
avoid having the Visa you know if but
3:44
it's a bit annoying if people wants to
3:47
be counting the days and all these
3:49
things yes I know a lot of people are
3:50
doing that there's a few people that get
3:51
in touch with us here throughout the day
3:53
they say oh yeah we're coming back next
3:54
week we're rationing our 90 days per 180
3:57
yeah yeah that's the only convenient on
3:59
that then after that a lot of clients
4:02
Moody they're applying for non-lucator
4:04
Visa especially if you're retiring or
4:07
you are working remotely but there is a
4:10
discrepancy between the courts and the
4:13
consulates you say um I always say we
4:15
managed to get a sentence well a long
4:18
time ago which non-locative Visa means
4:21
that you're not you're not allowed to
4:24
work for a Spanish company you're
4:27
allowed to work for a different outside
4:30
company you know a foreign company but
4:33
however if you go to the Consulate in
4:35
your home country Spanish consulate they
4:37
will say no no you need to deregister
4:39
from Social Security and deregister from
4:41
working but you don't need a fight and
4:44
and an argument because you need a visa
4:46
so we normally recommend clients say
4:48
okay go for that deregister and later on
4:51
is completely legal to work remotely
4:54
um from Spain for a American Company a
4:57
British company or whatever ever you
5:00
know and you pay your taxes here and
5:02
everything and now you know he's going
5:04
to be coming a normal Visa very soon
5:07
yeah hopefully January all eyes on this
5:09
so you think it'll be early next year
5:10
yes the benefit from that will be
5:13
taxation yeah but for me the
5:15
non-locative Visa and the
5:18
um Nomad Visa are going to be pretty
5:20
much the same because you could still
5:21
have an unlocative visa and still work
5:23
uh for a road you know remotely I'm
5:26
talking uh with a Noma Visa you're going
5:29
to work remotely anyway but the taxation
5:32
I believe I still don't know the the
5:34
final statement will be probably a flat
5:38
um tax like 24 yeah flat or something
5:41
like the Beckham law something similar
5:44
um it's going to come through but we'll
5:47
see we're waiting we're queuing yeah
5:49
sure yes and it's it's long awaited that
5:52
so I don't know if it's gone ahead a bit
5:53
further in maybe Portugal Portugal's
5:55
really catching up in it yeah we're
5:57
moving there it went fast they went fast
5:59
because they need the investment they
6:01
need the money and you know and and here
6:03
in Spain is being a bit more laid back
6:05
you know on these all these requirements
6:07
where the with the well the Visa we
6:09
carry on doing exactly the same as we
6:11
did for the non-europeans like the
6:13
Americans the Russians the the the the
6:16
the Chinese yeah that wasn't a brand new
6:19
thing was it yeah
6:21
you're not part of the club anymore
6:23
therefore your group is for non-european
6:27
countries and and that's what they've
6:29
done
6:30
um now as well we've been having a lot
6:33
of golden Visa as well especially people
6:35
with a budget that they sell their home
6:37
country
6:38
Americans as well and they sell
6:42
and they have the funds and they just
6:44
say well I rather go and get the golden
6:47
Visa as long as the property will in
6:49
these areas have is not difficult to
6:50
find uh 500 000 Euros property yeah and
6:54
they've been for that as well
6:57
so we've been busy with the visas all
6:59
the time but the investment and the
7:01
purchase of a property and the due
7:03
diligence is continuously you know it's
7:05
just
7:06
um it's it's not
7:09
um something that buying a property in
7:12
Spain uh in this is time you know I mean
7:15
you need to pick the right property you
7:16
need to do all the due diligence and
7:19
then your lawyer needs to give you the
7:20
okay for the transaction sometimes you
7:23
know it's it's no good yeah no we've
7:26
talked about this before about people uh
7:28
hunting down a property in Spain and hey
7:29
you have to kind of rain them in a
7:31
little bit and say look just make sure
7:32
you get that checked and that checked
7:33
don't be don't rush into it even though
7:35
you want to get over here and move in
7:36
there yeah
7:38
I have a client now that we've been we
7:41
failed three times already well failing
7:44
means um that the property did not meet
7:46
their requirements you know did not meet
7:47
their legalities and we had to advise
7:49
not to buy he's a bit exhausting but
7:52
when you really want an area and the
7:54
area is not the most legal area then
7:56
it's very hard to find the right
7:58
property with the right price and with
8:00
the right paperwork you see so I suggest
8:03
you to find for more areas as well
8:04
instead of falling into into the same
8:07
situation but but this is important you
8:09
know it is important that people don't
8:12
put any money down until everything is
8:14
correct so we've been busy with that as
8:16
well
8:16
um these two things are the most busiest
8:18
now and because tax is out of the way at
8:21
the moment that's right yes that came at
8:23
the end of June yeah it must be tough
8:25
though when someone set their sights on
8:26
the thing though and they really want
8:27
this problem that's the one that's for
8:29
us it's your job to step in and say yeah
8:32
no I don't do it yeah yeah the good
8:36
thing is there is a big Variety in
8:37
spaying of properties and there is a lot
8:40
of a lot of possibilities you know the
8:42
thing is
8:44
um the more you know the better because
8:46
probably you're willing to invest on a
8:50
plot of land and build it yourself is a
8:52
different nightmare yeah but but that's
8:55
a good way of doing it your taste your
8:57
way and the right price
8:59
sometimes uh probably the cheapest is
9:02
when you buy a very old Villa and then
9:04
you refurbish yourself you say probably
9:07
then you do your taste or if you buy if
9:10
you have the budget Off plan
9:13
and they have it built you know and less
9:15
hassle for you so it's a variety here
9:17
yes and I think it's I think it's still
9:19
the case even though prices have gone up
9:21
here that um from what you sell maybe in
9:23
the UK especially if you're in London or
9:25
something it'll buy you a lot more over
9:27
here you know bigger Villa and with the
9:29
pool and all of that so yeah yeah people
9:31
still realizing that and going for it
9:33
yes yes and um and there are many areas
9:37
I mean you may fall in love with one
9:39
area but probably that prize is not the
9:41
right price for you and you could go you
9:44
know these areas got a prize the other
9:45
area has a different price and is a
9:47
budget and uh quality of life some
9:51
people want amenities very close to
9:53
their homes some people want to live far
9:55
inland with no neighbors yeah we know
9:58
know anybody that's me you're talking to
10:00
yeah I'll be all over that if I could do
10:03
um do any areas I know this isn't really
10:05
your area you know you're not a real
10:07
estate agent but any areas sort of
10:09
coming up and becoming more popular yes
10:10
I've always thought that castion might
10:12
sort of rise up at some point because
10:14
he's on the coast and it's you know
10:15
perhaps away from the busier bits right
10:18
well it's not as popular no as what
10:21
happened to the airport there by the way
10:22
yeah that little Folly if it's still
10:24
open I think I think people well the
10:27
weather's obviously people might might
10:29
prefer you know different areas for
10:32
different weather I even had clients
10:33
saying they study the weather of these
10:36
City like on average do you know that is
10:39
a perfect place to be you know playing
10:40
golf or whatever Cassian is always a bit
10:43
colder than these area here Costa Blanca
10:47
a little bit I'm just thinking the
10:48
prices might be lower if it's not as
10:50
popular obviously and it's not yes and
10:52
if it's more spangers yes you know
10:54
that's the budget for them you know
10:57
so yeah from a from a purchase price
11:00
point of view a depends on demand and
11:03
the kind of clientele
11:05
if um we in castillion is more Spanish
11:08
definitely yeah and the price will be
11:10
the noturistic you know not touristic
11:12
however in different areas well in
11:15
different areas there is a lot of
11:16
foreigners as well but you get good
11:18
prices because things and property are
11:20
very cheap
11:22
and
11:23
um you've got big variety you could you
11:25
could buy nowadays somebody you could
11:27
even buy in the center of Alicante a
11:29
property of sixty thousand Euros and
11:32
refurbish it yourself making 200 even
11:36
rent it out when you don't leave there
11:38
so as an investment I think it's great
11:41
uh but you can still do the same in
11:43
different areas like Tara Vieja and all
11:45
these things because prices are very
11:47
very very good as well or you could have
11:49
another option to investor into a villa
11:53
yeah
11:54
um and you have all kind of Investments
11:57
you have probably if you're like um a
12:01
risky investor uh or you you a
12:05
businessman probably you will buy from
12:06
the courts
12:07
right what are every possessions yes
12:09
repossessions which you always will get
12:11
the best deal yeah other option you have
12:13
is to buy from individuals
12:17
so you've got I think still people could
12:22
find their property you know there is a
12:24
budget for everyone I think I always say
12:26
it's very personal
12:28
what is good for you might not be good
12:29
for me or the other way around is um I
12:32
would be out of the country I want to be
12:34
you know inside or yeah it depends maybe
12:36
on your age as well and your age a
12:39
little bit quieter yeah if you need
12:40
health centers very close you know some
12:43
people say I prefer to have close to all
12:46
these amenities you know and Banks too
12:47
and Banks you have to be closing down at
12:49
a fair rate of knots I'll tell you what
12:51
you've touched on the golden Visa there
12:53
we'll talk about that more in just a
12:54
moment and somebody's come through it's
12:55
someone who's been in touch before but
12:57
never puts their name on the on the
12:58
WhatsApp I don't know who it is but and
13:00
I think I know the answer to this but
13:01
I'll let you answer anyway if you have a
13:03
golden Visa can you stay in Spain as
13:05
long as you like yes the ancestor
13:07
straight away is that you do stay as
13:10
much as you you like but but you need to
13:14
do your tax homework which means if you
13:17
stay more than in their calendar year
13:19
more than six months then you're more
13:22
than 183 days in Spain you'll have to do
13:24
your taxation in Spain so that gives you
13:27
a possibility they are being
13:28
non-resident or resident and they call
13:31
them Visa will allow your dependents as
13:33
well
13:34
to have access with this Visa so that
13:38
means husband and wife
13:39
and children yeah okay so that's always
13:42
important I always recommend clients
13:45
when you buy a property if we're talking
13:48
about buying property because it's not
13:49
the only way to get a golden visa and
13:51
that's what we're going to talk today in
13:53
the webinar
13:55
um you will have to have the property in
13:57
one name
13:58
and then the other ones will be the
14:00
beneficiaries okay obviously it's
14:02
important later on or or the same day to
14:05
make a will okay because when you have
14:07
only one name it's good for the golden
14:09
Visa but if anything happens you need to
14:11
have a will that's something important
14:13
now you could still invest uh a million
14:16
euros in public debt two million euros
14:19
in public debt 1 million euros in stocks
14:21
Spanish stocks
14:23
um options yeah
14:25
um
14:25
there is a way of companies applying for
14:28
a golden Visas so we did represent
14:30
companies because they were creating
14:33
projects interesting projects for good
14:35
for the economy
14:36
actually was uh it was um I think you
14:40
call it a filmmaker or all right
14:43
um production and they got the golden
14:45
visa for for the whole team so so no
14:50
that's interesting yes because it is
14:51
about that it's not just we always look
14:53
at the property yeah it's 500 000 yes
14:55
but it's investment in this investment
14:56
in the country and yes
14:59
um even for companies who even buy
15:01
properties so foreign companies
15:03
obviously you you need to have you need
15:06
to be the administrator of the company
15:08
and have full power of that it's a bit
15:11
more complex but yes we did for
15:12
companies as well golden visas and
15:16
um yeah it's quite quite a I mean
15:18
depends on budget if we're talking about
15:20
uh properties and there's a main
15:23
decision yes so but it's one times five
15:26
hundred thousand so you can't have two
15:27
people sharing that amount as you say
15:29
it's in one name is in one name what's
15:31
bearing in mind and you we have the
15:34
situation here that some people invested
15:37
unfortunately long time ago but that
15:39
doesn't count because it only counts
15:41
after 2013. yeah
15:44
so it needs a lot of planning but we
15:46
could discuss it with them uh what will
15:48
probably the best way forward uh all the
15:50
appointments are being muddy now very
15:54
multi-disciplinary appointments you talk
15:57
about the Visas you talk about the
15:58
taxation you talk about the investment
16:00
so in they're very productive the
16:03
appointments we have with clients
16:04
because it's not a yes or no answer
16:06
sometimes you need to see there are a
16:09
specific situation to give them advice
16:10
yes it's not going to be a one-size-fits
16:13
all it's talk to them personally but
16:15
that's the thing you can do if someone's
16:16
moving over you're doing pretty much
16:18
everything for you yeah you can do it
16:19
all in one hit yeah yeah and we're busy
16:22
with that you know with the relocation
16:24
pretty much and planning you know and I
16:27
think that's the best thing to do
16:28
because some people if they didn't do
16:31
nowadays they think you pretty much must
16:33
do your homework you know it's very
16:35
difficult not doing homework and come
16:36
over here and then start from zero
16:39
but I still see some creative situation
16:41
where they come with a tourist visa and
16:43
then you know this they need to start
16:45
things yeah I think sometimes you think
16:48
like that it used to work you used to be
16:49
okay where you say well we'll get there
16:51
first yeah and we'll see what's around
16:52
and start doing but no you need to do a
16:54
bit more in advance yeah a little bit
16:56
more even though it's not a problem
16:57
because you could come as a tourist to
16:59
start renting
17:01
um but you still if you're from a
17:03
non-european country you need to apply
17:04
from the Spanish Consular for the Visas
17:08
um but yes an inspection trip is always
17:10
good so but can can things add up to a
17:13
certain limits all the all your combined
17:16
Investments yes so that goes yeah it's
17:19
not just one thing like I said a million
17:20
or two million in stocks correct can you
17:22
do a bit of that a bit of that and then
17:23
it adds up to a certain amount correct
17:25
that will qualify yes yes it's going to
17:27
be in Spanish companies yes so there's
17:30
their requirements so let's say if you
17:32
have some shares for with with let's say
17:35
the most popular companies in Spain for
17:38
example that's one option yes and as you
17:40
say it's it's not that um you know
17:42
everyone it will just work the same
17:43
there are specifics you need to talk
17:45
about but you must be getting into the
17:46
swing and doing these visas now with the
17:48
golden beat and I used to done quite a
17:49
few yeah already yeah yeah I'd say we're
17:51
introduced yeah yeah yeah we are you
17:54
know we've got a team already of four
17:57
people specifically on immigration you
17:59
know so is we're very comfortable we
18:03
always have um Connie goes every day to
18:06
Australia but it doesn't matter what his
18:08
Alicante could go Jenny I could go
18:10
Benidorm so
18:13
we're very used to it you know and it's
18:16
not an easy thing because getting the ni
18:18
appointments is a very difficult getting
18:21
the tie appointments uh for for the
18:24
fingerprints and now it's been difficult
18:28
because it's not that that's very
18:30
forward you know it's not that
18:31
straightforward it's
18:32
but anyway but it depends yes if you're
18:35
coming from starting from scratch I
18:36
suppose I did the easy bit because I'd
18:38
already got the old uh residency so a
18:40
straight swap was easy enough yes a
18:42
little bit more involved when you're
18:43
coming in from uh brand new and um yes
18:47
and um we'll talk about the health
18:49
insurance as well which is key for it
18:51
yeah
18:52
um you need to have one Pairs and 27 000
18:55
Euros in the account if you're a couple
18:57
34 000 Euros
19:00
um to be you know is we have all these
19:03
requirements it's a good job I was doing
19:04
the straight swap because that would
19:06
have yeah
19:09
um just a quick very quick thing because
19:10
we're running out of time I I the one
19:12
bit of prep I did for this I thought I
19:13
know what I'll do I'll ask ignatio about
19:15
um landlords and renting because it's um
19:18
there have been laws coming anyway
19:19
you're not allowed to check people out
19:21
on the streets straight away and that
19:23
sort of thing um how much do you deal
19:24
with you know any grievances with
19:26
landlords and uh tenants right in
19:29
general terms uh this will be if we're
19:31
talking about a contract and civil law
19:34
then eviction needs to go through the
19:36
courts right and then even if you need
19:39
eviction then it unfortunately takes
19:41
time
19:43
um the good thing is uh if Jay don't pay
19:46
at the end of the day they're going to
19:47
have a day for to be evicted you say and
19:51
if you don't leave the police will go
19:53
unfortunately that's not a
19:54
straightforward you know that that needs
19:57
to be dealt with the courts and probably
19:59
could take even three months or even
20:01
more depending on the cards
20:03
if we're talking about what you call it
20:06
um squatters yes yeah yeah that is
20:09
Criminal and that goes a different route
20:12
you know they've got different different
20:14
but things could be twisted you know if
20:16
things could be difficult and not as
20:20
fast as one person wants you know
20:22
because you're you're saying
20:24
unfortunately there like because it's
20:25
from the side of the landlord a lot of
20:27
people would maybe take the tenant side
20:28
but being the landlord and renting out
20:30
if it's no walk in the park there's all
20:32
sorts of problems come up especially
20:34
with bad tenants and yeah and then
20:35
sometimes you're stuck about you know
20:37
kicking them out and and the problem I
20:38
think that's one of the reasons
20:40
sometimes the in the renting increases
20:43
because if a landlord is having all day
20:45
long uh problems what was going to end
20:48
up is either selling the property or not
20:50
renting it out or just raising the rent
20:52
uh and I think the rent
20:56
um did increase in Spain a lot as well
20:59
yeah because of these problems you know
21:01
people are not willing to go through the
21:03
hustle you don't need the hassle to to
21:06
to have all these
21:08
um there are ways you could avoid it
21:10
like having an insurance for your tenant
21:13
or having a bank guarantee as well
21:15
but probably it's not that easy or
21:17
another option you have is to do a
21:19
touristic of your area is their laws
21:22
allow you to do juristics so coming and
21:24
out in and out but you need somebody to
21:26
run it because he's he's tiring you know
21:28
not everybody wants to do all that kind
21:31
of no no the changeover you know and
21:34
yeah but yes
21:36
um a lot of it will come down to the
21:37
contract you have between them yes the
21:39
two of you like if they get at the
21:40
moment with everything getting more
21:41
expensive can they just hike the rent up
21:43
at will
21:45
well depends on the contract yeah it
21:48
depends on the contract I think the IPC
21:50
for sure if the contract has been done
21:52
properly the the increase of the price
21:54
of the money
21:57
um definitely
21:58
which they could update every every
22:02
contract normally says that from the 1st
22:05
of January you could increase the the
22:08
rent right okay whether they do it or
22:11
not that's probably
22:12
part of the business and negotiation
22:15
with a tenant yes and a lot of the time
22:16
it comes down to your relationship with
22:18
some people I hear some people moaning
22:20
yourself
22:21
Nightmare and mine's great yeah no
22:24
problems at all you know a breeze so far
22:26
you need to be lucky as well well yes
22:28
exactly yeah it depends who you get but
22:30
I've been there a long time but thanks
22:31
ever so much for coming in I can see you
22:32
back and uh to say the webinar later on
22:34
then uh to 4 30 I mean in Spain time if
22:37
you want to register through the website
22:38
alicantylawys.ies you get to ask
22:40
questions and that otherwise you can
22:42
just view it uh yeah at will yes it'll
22:44
be up on there to watch back from
22:45
tomorrow and we'll see you if not to
22:47
your Pedro in a couple of weeks time
22:49
yeah whether you've been in Spain for
22:51
six months or six years don't miss payer
22:53
there and a red earring conversation
22:55
with Moody on Bay radio every other
22:57
Wednesday at 10 A.M payatha and eredia
23:00
are your International lawyers on the
23:02
Costa Blanca and have been looking after
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the expat Community for more than a
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