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Legal Info for British Expats in Spain | Pellicer & Heredia
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Oct 29, 2024
Legal Info for British Expats in Spain with Ignacio from Pellicer & Heredia. Every other Wednesday morning, your international lawyers based on the Costa Blanca are in chatting with Moody about the latest laws affecting those living in Spain...or those who wish to continue living in Spain post Brexit. There's lots about residency in here, plus the different kinds of visas available to non-residents. You can read about these in detail at www.visaspain.today or see 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
[Music]
0:00
this is bay radio
0:03
delighted to welcome back ignacio from
0:05
paythey and already international
0:07
lawyers
0:07
now you've been in before uh it was a
0:10
while ago now
0:11
and it's fair to say that one or two
0:13
things are a little bit different since
0:14
the last time you're in how are you
0:15
doing
0:16
hello modi yes nice to be back here on
0:18
the radio very good thanks yeah i mean
0:20
if
0:21
i find i've told you then because it was
0:22
probably
0:24
18 months ago maybe more that um i'd
0:26
seen you coming in and
0:27
wearing a surgical mask i think what's
0:29
this maniac doing
0:31
yeah what's that all about but obviously
0:33
uh we're pretty used to it now what's
0:35
that been like as a year for you
0:36
yeah but it has been it's been a
0:39
challenge for all of us isn't it it
0:40
is being is being adapting the good
0:43
thing
0:44
for in our law firm is that we already
0:46
had the system of the video conference
0:48
room
0:49
and we when all this locked down on the
0:53
13th of march came
0:54
we were pretty much we had the
0:56
facilities to
0:58
carry on providing service and attending
1:01
i remember clients and or some people
1:03
saying some people do not answer the
1:05
telephone in different places and things
1:07
because they were not prepared but i was
1:08
happy that pedro myself got it all
1:10
sorted one year before
1:12
and we've been doing all these things um
1:15
working from home
1:16
working from everybody just went to
1:18
their houses and
1:19
some people stayed in the office just by
1:22
themselves
1:24
now we we are all back on track
1:26
obviously but wearing masks when we are
1:28
more than one people
1:29
and with all these uh security measures
1:31
of opening windows and things uh
1:34
but i'm sure it's been difficult
1:35
everywhere and adapting is the key isn't
1:38
it
1:38
yes i mean we've got everything here as
1:39
people see because we're filming this
1:41
we've got this
1:41
screen between us it all seems very
1:43
impersonal but as you say yes got to be
1:44
done
1:45
yeah there's the protocols okay we seem
1:47
to be heading in the right direction
1:48
perhaps as far as the figures go and
1:50
that sort of thing so
1:51
fingers crossed as long as everyone
1:52
doesn't get complacent yeah yeah
1:54
yeah we need to be careful just to be
1:56
cautious and
1:57
carry on working and i'm positive you
2:00
know i'm positive
2:02
that we will recover people are working
2:05
hard
2:06
i i really feel sorry for a lot of
2:07
people that had the
2:09
this compulsory measure to close you
2:12
know
2:13
that i really think um i
2:16
would prefer different options you know
2:18
but uh that's that's the way the the
2:19
government
2:20
adopted these um this covet situation
2:24
but i'm i'm quite positive because on
2:26
one side
2:27
people from abroad is waiting to be able
2:30
to come
2:31
over here so the money is being retained
2:33
is not that there is no money to spend
2:35
people are ready to come and probably we
2:37
save a lot of
2:39
money a lot of people because we
2:41
couldn't spend the as in we used to do
2:42
you know
2:43
and um and um and people here i mean
2:46
obviously here we're a bit fed up with
2:48
uh with so many restrictions and things
2:51
but
2:51
uh as you know um the community
2:55
just released last monday and we could
2:58
just travel around now
2:59
a bit more within the community
3:01
valenciana until the 22nd of march so
3:04
so we're moving we're improving and uh
3:06
we're positive we just got to be
3:07
positive and woody
3:09
presumably you were working throughout
3:10
um almost considered like an essential
3:12
service so
3:13
you in one form or you were there yeah
3:15
we we haven't closed at all this year
3:18
you know zero and uh we've been
3:21
just accommodating it's been very tough
3:23
because uh
3:24
people were not used to use video
3:26
conference you could imagine doing your
3:27
income tax return through a video
3:29
conference
3:30
how difficult is signing scanning
3:33
sending back to the office
3:35
but we made it and i'm very grateful for
3:37
our team they did a great job they were
3:39
very
3:40
uh tired of of uh you know you work
3:43
double
3:44
with so many um new measures you know
3:48
you you
3:48
used to about probably an hour for
3:50
something and probably is much more now
3:52
because of all the protocols all the
3:54
video calls but clients are very used to
3:57
now
3:57
uh doing video conference which it makes
4:01
it very good
4:01
and we're still even doing a lot for
4:04
example today i'm in xavier but i could
4:06
be having a video conference for
4:07
somebody
4:08
that is in the office in alicante or
4:10
torrevieja and
4:12
and a lot of americans as well uh do and
4:15
and british people do video conference
4:17
with different timetables as you know
4:18
yes of course um especially now with
4:21
because of the visas you know
4:22
and and um a lot of questions a lot of
4:25
tax planning so
4:26
yeah we're very busy muddy well let's
4:28
get on to the the visa thing because as
4:30
we can tell
4:30
we've spoken to you before you're
4:31
immaculate english means you're
4:33
perfectly
4:34
suited to um to deal with the expat
4:36
community uh
4:37
explain what you do in over a decade as
4:39
the advert says yeah yeah
4:41
and what's the visa thing then because
4:42
that's coming in
4:44
obviously for what is a third country
4:46
now
4:47
the uk yeah we've been dealing with
4:50
countries from
4:51
our origins you know we're international
4:53
law firms so
4:55
we had a lot of british clients but we
4:57
still had a lot of
4:59
uh non-european country citizens who
5:01
were using us you know so
5:03
and and in our law firm we've got
5:05
different different
5:07
sections and one of it was
5:11
immigration you could you could
5:13
understand in the old days for british
5:14
immigration was just uh residencia
5:17
you know this green paper big a force
5:20
still got it you know and then people
5:23
start
5:24
getting things sorted uh got the the
5:26
green credit card side
5:28
and then the ti as you know and we're
5:30
still having a lot of people that
5:31
still didn't launch the paperwork
5:33
through and and and
5:35
they are now still in place until the
5:37
31st of march
5:39
the government has given like an
5:41
extension here
5:42
to just for those who were residents in
5:45
2020
5:46
they could still lodge their paperwork
5:48
for their tie which i really encourage
5:50
people to do
5:51
if they comply with the requirements
5:52
money because it really
5:54
gives you a bigger room a bigger a
5:57
bigger opportunity for you
5:58
to to have better rights in in a way you
6:00
know more
6:01
easier if i go now into the visa thing i
6:04
will explain to you the difference but
6:06
if you are planning to stay you do need
6:07
it
6:07
you've got to do it no no you've got to
6:09
do it yeah now now you've got to do it
6:11
and if you don't do it then after three
6:13
months here being in spain
6:15
with no resident permit and without even
6:18
applying for that
6:20
you technically are illegal so so you
6:23
have no permit to
6:24
live in spain so now the scenario is
6:27
different
6:28
um and as you know from the first of
6:31
january
6:33
people from the uk and from from fair
6:36
country
6:36
citizens you know i will call as well
6:38
the americans the australians you know a
6:40
lot of
6:41
third country nationals will need to go
6:43
through
6:44
a different protocol different
6:45
regulations
6:48
this is a situation that we are already
6:50
in contact with the spanish consulate in
6:52
london
6:53
in manchester um for different people
6:55
that they are contacting
6:57
us from there in order to apply for the
6:59
visa there is two type of visa i will go
7:01
very quick
7:02
uh um that i think is the most popular
7:05
one well you've got the work visa
7:07
but uh that's still to come you know
7:10
because
7:11
people working already here and and
7:13
these people probably have already
7:14
their tie sorters so it's not the most
7:17
popular but there is
7:18
some people that they want to be
7:20
self-employed and they were
7:22
they want to apply for that visa this is
7:24
one visa not as popular but there is
7:26
we've got some demand
7:27
the non-lucrative visa is the most
7:29
popular now
7:30
between all the expats because they want
7:33
to stay in spain
7:34
more than six months and the only way to
7:37
do it
7:38
is complying with requirements you know
7:41
you need to have
7:43
you know criminal records uh money in
7:45
the bank uh one person twenty seven
7:47
thousand euros
7:48
minimum per year um access free access
7:52
to them
7:52
than if you're married or thirty four
7:55
and then if you have children another
7:57
six
7:57
all per year you know so it's a lot of
8:00
money
8:00
for you to live in spain after six
8:04
months and then you need to renew him
8:06
you need to you've got it for one year
8:08
then you need to renew two years and
8:10
then two years and then after five
8:12
the process after five is easy straight
8:14
forward but the problem is here the
8:16
promo i fine
8:17
is budgeting here one year you could
8:20
commit but you need to have the money
8:22
ready for two years because you probably
8:23
will renew it
8:24
sure so a married couple here 34 000
8:28
euros minimum
8:29
free access in the bank uh and he's a
8:31
visa that you're not gonna work
8:33
in in spain so you you could change it
8:35
eventually
8:36
but in order to come over uh you're not
8:39
allowed for the first year
8:40
we could change that visa into a work
8:42
permit or into something different okay
8:45
well that's an option but um uh how many
8:47
people that you know
8:48
will be you know allowed to do so it's
8:51
it's not everyone obviously you know if
8:53
it's that sort of money we're talking
8:54
about
8:55
no uh the work for visa sorry don't
8:57
interrupt um how long does that
9:00
last for how long is that um valued for
9:02
right the visa the no look i mean what
9:04
i'm saying here people first don't panic
9:06
because
9:06
you could still come as a tourist for
9:08
three months okay so
9:10
so people even willing to buy property
9:13
in spain is not problem
9:15
the only thing is the entry visas you
9:18
know you need to stamp your passport
9:19
passport controls and then you're only
9:21
allowed for three months okay so you
9:23
could steal
9:24
money buy property in spain come for
9:26
three months go
9:27
back and then come for another three
9:28
months you know that that i wouldn't see
9:30
the problem now for those who wants to
9:32
stay
9:33
longer than six months because that visa
9:35
is compulsory for you to stay
9:37
minimum six months otherwise you will
9:39
not be able to renew it
9:40
right right so you need to apply back
9:42
again
9:43
that visa you always apply from the
9:46
home country so if you're british from
9:48
the uk if you're american
9:50
from the united states you know
9:52
different countries
9:53
and um and then we've been already
9:56
helping a lot of people because we're
9:58
having a lot of demand
10:00
uh after the 1st of january yeah
10:03
since we had this department we've been
10:05
having a lot of people
10:06
inquiring and whether um they could put
10:09
the process in motion
10:11
and i think it's a good time to put
10:12
paperwork in order you need a criminal
10:14
records
10:15
you need the money in the bank the
10:16
insurance then fill in the form
10:20
and then it's important many people to
10:22
do tax planning
10:24
because probably you don't really need
10:25
to stay more than six months you could
10:27
do
10:28
three months and then three months and
10:29
then always be below 183
10:32
days yes from a tax point of view
10:33
because now there is two
10:35
scenarios the tax and the immigration
10:37
that goes together
10:38
right so you could imagine the two
10:40
departments been busy
10:42
doing yes i'm sure you will know that
10:45
hand um
10:46
so a lot of people left it till the last
10:48
minute or two late
10:50
right well i get the idea that might be
10:51
if they're anything like me although
10:53
i had stuff sorted beforehand you'll be
10:55
surprised i mean i'm glad a lot of
10:57
people
10:58
did continuously put things in motion
11:00
but i'm still surprised there is a lot
11:02
of people that left it for the very last
11:04
minute
11:04
and and i really find it unnecessary for
11:07
them
11:07
you know because you risked yourself
11:09
that you will not comply with the
11:11
requirements
11:11
and then now we going through the
11:13
appeals we're doing the appeal before
11:15
the stronghold office
11:16
and if that fails which probably might
11:18
be likely because it's the same
11:20
administration judging
11:22
we'll have to go to the high court in
11:24
alicante uh
11:26
which i'm confident as long as you've
11:27
got the paperwork in order you know
11:29
the courts are being very very complying
11:32
um with that but my main worry
11:36
that i had was for those who didn't have
11:38
even the 9 000 euros that you needed to
11:40
have
11:41
three months in the bank um
11:44
these people that was the regulations
11:47
for the ta for the europeans
11:49
they couldn't they they they couldn't
11:51
comply with it
11:52
no so we've got these people up to the
11:55
31st of uh
11:56
of um december 2020
11:59
you only wear require nine thousand
12:01
euros during three months
12:03
okay per person um now the non-lucrative
12:07
visa you know you raise from nine
12:09
to 27 yeah but the first
12:12
person and then 34 he goes so is it
12:15
different
12:16
well we did warn you right throughout
12:19
the year i mean there were a couple of
12:20
extensions because of
12:21
hold ups because of covert obviously yes
12:24
in the driving license i think we see
12:25
that july this year yes
12:26
yes yeah the the driver license the very
12:29
last day to swap
12:30
was the end of december right
12:34
but but now um after
12:37
after july then you'll have to
12:40
um to do the test because after six
12:42
months being here you need to do the
12:44
test
12:44
which it could be annoying you know um
12:47
but yes
12:48
and what you said to me about renewing
12:50
the problem with the non-lucrative visa
12:52
is you get it for one year after one
12:55
year
12:56
we'll have to renew it and you will do
12:58
it from the country where you are
13:00
for example if you're in spain now
13:02
alicante you will renew that
13:04
once the year goes you've got a time to
13:08
relodge the paperwork again but you're
13:10
going to do it for two years
13:11
right so the problem i find is not a
13:13
problem it's just you need to budget
13:15
is that you'll need to have two years to
13:17
prove yeah only for one year it's two
13:20
years
13:21
and and then you have another two years
13:23
after that and then five the five is
13:25
straightforward and is this going to be
13:27
it now is this the rules or do you think
13:29
the spain and the uk are still talking
13:31
um trying to iron a few things out
13:33
i i always said when we always had
13:35
interviews here with
13:36
that the common sense you know but
13:39
unfortunately
13:40
uh they still did not reach an agreement
13:43
and and i always thought they would
13:45
reach an agreement
13:46
one way or the other common sense says
13:50
that they should eventually but i really
13:53
don't know because it's a politician
13:54
approach
13:54
so so i find that um
13:58
that as a problem in a way i mean the
14:01
most affected people are the one who do
14:03
not comply with these requirements and
14:05
they could only stay for three months
14:07
yeah that's really the affecting
14:08
situation and then you've got the other
14:10
type of visa
14:11
moody which is a golden visa yes you
14:14
heard about
14:15
that's right yes those sort of people
14:16
that can i want to be friends with yeah
14:18
because uh yeah
14:19
what's that half a million property uh
14:21
on property you need to spend
14:23
uh 500 000 euros and it's important you
14:26
have to have it in one name
14:28
and the other married cup will be the
14:30
beneficiary
14:31
because otherwise it's 500 each so
14:33
that's why
14:34
it's very important these these
14:36
requirements and if it's money in the
14:38
bank
14:39
you need to have like a deposit of a
14:40
million euros so you if you're going to
14:42
buy a property
14:44
you need to have it money in place here
14:46
yes
14:47
so this is sort of uh the good thing
14:50
without visa
14:51
is that you could come in and out as you
14:53
wish and you don't need to be tax
14:54
president
14:54
quite yes so i think we're aware of that
14:56
we went i don't think we've touched on
14:58
the the other visas as much so it's good
14:59
that you brought that up
15:00
and you gave me this as a website
15:03
address so it's visas
15:04
visa spain so visa spain dot today yes
15:08
that's it i'll write it down at wrong
15:09
sorry yeah so visa spain dot today and
15:10
that's kind of a landing page so that
15:12
will take you to where you need to be
15:13
and give you more information on what
15:14
we've just uh talked about
15:16
happy to have ignacio in from peter and
15:18
already you're the path there from uh
15:20
there already right uh how good are
15:22
people that are pronouncing and spelling
15:23
your name
15:24
right but you've heard it over here but
15:26
it is it's very hard
15:28
yeah but you've made it easy because the
15:30
the one that we're giving out which is
15:32
alicante lawyers.es that directs to your
15:34
to your website okay and uh it's if
15:36
you've updated the website
15:37
it's looking good yeah because we went
15:39
to the we used to talk about the blog
15:41
when you're in before which is
15:42
really useful some great articles going
15:44
up on there which pertinent to uh
15:46
i should think most people listening to
15:48
this actually let's just mention um i
15:49
think when she on whatsapp
15:51
janine back to the tie
15:54
and she's got the permanent green
15:56
residential paper
15:57
um is there any urgency to get that
16:00
changed to the tie i don't think there's
16:01
not a
16:02
set time is there month wise no actually
16:05
uh
16:05
that paperwork the one who's got that pa
16:08
the green credit card size probably
16:10
is that what she's spending here she
16:11
might have the paper actually
16:13
originally right it is permanent i think
16:16
it's permanent
16:16
okay well that paperwork is legal okay
16:20
so she shouldn't have a problem but i
16:23
always encourage people
16:24
for those who've got residencia to swap
16:26
it i know it's a bit
16:27
annoying uh getting the appointment at
16:29
the strong area
16:31
and um and swapping it into the new ti
16:34
you need a photo updated pad run if you
16:37
change the address from last time you've
16:38
got on the form
16:40
and then pay i believe is 12 euros
16:42
police tax
16:43
you need to pay you will get your credit
16:45
card site in three weeks after
16:47
that's the average after the appointment
16:49
you have and
16:51
um i i highly recommend people having
16:53
them in place because he could only
16:54
benefit you he will never harm you you
16:56
know
16:56
and he's protecting rates the best thing
16:58
yeah and looking forward i mean it's got
17:00
everything on there it's it's easy to
17:01
carry around it's got you should have
17:02
your fingerprint on isn't it
17:04
that's correct and after that um
17:07
they will give them a permanent tie they
17:10
will have to renew it
17:11
another five years because they already
17:12
give him probably five years or five
17:14
years
17:15
after ten you know for those who really
17:17
want to apply for nationality
17:19
is their requirement i have a few
17:21
clients teachers
17:23
even teachers uh very well integrated
17:25
and they say no i'm going to apply for
17:27
nationality
17:28
um and then i'm i'm keeping that that's
17:30
an option
17:31
yes it is yeah so that's that's a
17:32
minimum of 10 years yes minimum
17:35
as a resident yeah yeah if you're
17:36
married to a spaniard then it's
17:38
different
17:38
okay you could just apply for it so
17:40
nationality goes into a different
17:42
requirements
17:42
but the common ones for for the expat is
17:45
10 years
17:46
yes and of course you can't hold um dual
17:48
nationality with spain and you know
17:50
you've got to give up when you're
17:51
british
17:51
spain wouldn't reckon the situation is
17:54
spain would not recognize
17:56
that uh passport here and you will not
17:58
be entitled
18:00
to to use any uk for example the
18:02
consulate will not uh
18:04
uh take you on board here because you
18:06
will not be allowed to
18:08
to take you you will be spanish and you
18:11
have to use
18:12
in spain for that spanish but waving
18:15
is only for spain because waving in the
18:17
uk is a different process of waving for
18:19
nationality in the uk
18:22
so the situation that has been happening
18:24
is uh
18:25
spain here just oblige you to have
18:28
nationality and not to use your passport
18:31
okay and you renounce and wave here to
18:33
use it but in the uk there's different
18:35
system
18:36
since to waive your nationality in the
18:38
uk you need to do
18:39
for in a specific process right so it's
18:42
not
18:42
technically is no waving nationality but
18:45
in spain you wouldn't be able to use it
18:46
no
18:47
they do come up quite occasionally some
18:49
examples of the tests you have to take
18:51
and i i usually do quite well on them
18:53
so i'm quite pleased with myself but not
18:55
looking at it just yet
18:56
not not essential absolutely for uh as
18:58
long as you've got your residency sorted
18:59
out yeah now
19:00
some other bits and bobs of course
19:01
you've been doing the webinars now
19:02
people will have seen you
19:03
online um you've mentioned that you had
19:06
you were already doing video
19:07
conferencing so that was
19:08
it wasn't a huge step to take once um
19:11
things locked down
19:12
but those have really taken off and
19:13
they're very popular because you can
19:14
reach everybody
19:15
they don't have to come to your office
19:17
yes the the great thing it was it was
19:19
pedro
19:19
saying many times many many days ago
19:22
here saying we need to carry on doing
19:25
things and
19:25
informing people you know and on the
19:28
lockdown on the 13th of march then we
19:30
just did
19:31
brainstorming and say well we need to
19:32
carry on informing people in this answer
19:34
and everybody's in their house
19:36
so uh we started doing the webinars from
19:39
march and then we've been doing that on
19:41
a regular basis
19:42
on different topics uh today we're
19:44
holding one at six o'clock
19:46
spanish time um for a lot of americans
19:49
that did demand
19:50
for webinars is in the old days well
19:53
third country nationals
19:55
we did so many for british people
19:58
um and today we are including the
20:01
americans as well
20:03
because they say how about ourselves
20:05
because probably they have a specific
20:07
situation not very much different now
20:10
than the uk
20:11
because you see visas are exactly the
20:13
same yeah taxation in spain is exactly
20:15
the same it's a double taxation treaty
20:17
between spring and
20:18
uk and american and spain
20:21
um but they're very good money i'm happy
20:24
with them because
20:25
and we record it and you will go into
20:28
our website in the blog
20:29
expat magazine.org
20:32
and which it takes you from the from the
20:34
page and he's all
20:35
the in the magazines that the articles
20:38
we're writing and the videos we just put
20:40
it there for people who didn't
20:42
make it yes because they go out live and
20:44
then you can watch them back at your at
20:45
your leisure
20:47
there was one the other day i think you
20:48
had the chap from brits in spain uh
20:50
yeah richard that's right yeah he's
20:52
breaking keys yeah
20:54
yeah he's been they've been helping a
20:56
lot of people on the
20:57
expat community a lot and giving advice
21:00
they did a great job they've been three
21:02
years
21:03
um but now pretty much the i think that
21:06
they're just
21:06
gonna uh start from new because it's a
21:09
new situation for them and uh but yes
21:12
we did we did with them uh we did with
21:15
different people
21:16
as you could say and they're all in
21:18
their website and
21:19
and it's good um this uh this is going
21:21
this is always going to be the big
21:22
subject about
21:23
you know residency staying here for a
21:25
certain amount of time and of course
21:26
people have been held up they've not
21:27
been able to get back to the uk
21:29
try to leave no but it's not their fault
21:30
that they can't and they're probably
21:32
overstayed
21:33
um is there any has has been any issues
21:35
with people getting through
21:36
at the airport and immigration right uh
21:38
do you mean going
21:39
back to the uk um i think it's all about
21:43
communities i i heard so many stories
21:45
even clients of ours trying to come here
21:47
to alicante but alicante community
21:50
is on the lockdown so people from the
21:52
airport
21:53
with no residency is not allowed to come
21:55
in no that's right yeah
21:56
going out yes you're allowed to go out
21:59
for work purposes and things different
22:01
reasons
22:02
i think people might be okay to leave
22:06
but to get back that's the problem until
22:08
the 22nd
22:09
of march so this is in this community i
22:12
know people went to madrid madrid didn't
22:15
have that
22:16
and then they took the train and and
22:17
they didn't have any anybody there
22:19
stopping so
22:20
you see is possible controls sometimes
22:23
you'll find police controls
22:25
but is not that strict as in the old
22:28
days you know
22:29
it's not but uh it's always a risk here
22:32
on on on on getting stopped by the
22:35
police
22:35
uh if you're going through this
22:38
community
22:52
you
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