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NEW MIGRATION LAW – NUEVO REGLAMENTO DE EXTRANJERÍA – Published 19.11.2024

On November 19, 2024, the Council of Ministers approved a new Immigration Regulation ( Royal Decree 1155/2024, of November 19, approving the Regulation of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration ) in Spanish: Real Decreto 1155/2024, de 19 de noviembre, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social.

This new law of Immigration Regulation represents a major reform in immigration law, and changes the previous law of 20211 and the modifications that have been made since.

At Bennet & Rey we are studying this Regulation with our pens and coloured markers, and we will keep you informed in more detail.

The new Regulation seeks to align Spanish legislation with European Union guidelines, and aims to simplify procedures, strengthen legal certainty and expand the rights of migrants. It also incorporates measures to combat fraud and labour exploitation.

 When does it come into force, i.e. when does it start to apply? May 20th 2025, i.e. 6 months after its publication.

 New features of the new Regulation:

A simpler visa and authorisation scheme is created.

Initial residence permits will last for one year , while renewals will be extended to four years , which provides greater stability for both migrants and companies.

– The visa for job search is extended from three months to one year, making it easier for people to find a job suitable for their professional profile.

– Regarding residence based on roots, five types of roots are established: social, socio-laboral, family, socio-formative and second chance. Authorisations will initially be for one year, except for family roots, which will be for five years.

-Regarding family reunification : There is a new residence permit for family members of Spanish citizens. The age for reunited children is extended to 26 years old, and the possibility of including unregistered couples who prove a similar relationship is contemplated. The concept of a reunited family member is also extended to include children and parents of victims of trafficking, sexual or gender violence.

-People with study permits will be able to work up to 30 hours a week while they are studying, and a smooth transition to a work permit is facilitated upon completion of their studies.

At Bennet & Rey, we will keep you informed in more detail.

 

GOLDEN VISA: What you need to know in order to Obtain Spanish Residency Through Investment

The Golden Visa is a residence permit in Spain designed to attract foreign investors. It is granted to individuals who make a significant financial investment in the country, whether in real estate, business ventures, or financial instruments.

At Bennet & Rey Lawyers, these are the most frequently asked questions from our clients:

1.What Types of Investments Qualify for the Golden Visa?

The most common qualifying investment is purchasing real estate (houses or apartments) worth at least €500,000.

Other options include:

  • Investing over €2 million in Spanish government bonds.
  • Making an investment of at least €1 million in shares of Spanish companies or bank deposits.
  • Developing a business project deemed of general interest, such as creating jobs or having a positive social impact.

2.What Documents Do I Need to Submit the Application?

The key requirements are:

  • A criminal record certificate from the country where you have resided for the last two years. This document often takes the longest to obtain.
    Note: Criminal record certificates must be apostilled (officially verified). We can help with the translation, but we recommend requesting this document early if you are considering applying for the Golden Visa.
  • A valid passport.
  • Proof of investment (property deeds, bank certificates, etc.).
  • Health insurance valid in Spain.
  • Evidence of the legal origin of your funds.
  • A NIE (Foreigner’s’ Identification Number), which we can arrange for you.

3. Can You Help Me Find a Property Worth €500,000 or More?

Yes! At Bennet & Rey, we can assist you in finding a property, whether an apartment or a house.

If you cannot come to Spain, don’t worry: we can represent you and act on your behalf with a notarised power of attorney. This includes purchasing the property in your name.

We will provide legal advice, negotiate with sellers or buyers, prepare the deposit money agreement (contrato de arras), and handle the sale contracts.

We will ensure all necessary certificates and deeds are in order and help you manage taxes. We will coordinate with notaries, property registries, banks, and appraisers to make sure your investment is secure.

4.How Does the Golden Visa Impact My Family, and What Rights Does It Provide?

One of the key benefits of the Golden Visa is the ability to include family members in your application.

Golden Visa holders can extend it to their spouse, children under 18, dependent adult children, and dependent parents. Each family member must meet basic requirements, such as having no criminal record.

5.What Rights Do I Get with This Visa?
The Golden Visa allows you to:

  • Legally reside in Spain.
  • Work anywhere in the country.
  • Travel freely within the Schengen Area without additional visas.

6.What Should I Know About the Application and Renewal Process?

The application process can be confusing for those unfamiliar with Spanish law. Here are some common concerns:

How Long Does the Process Take?
The estimated time is 20 business days from submitting all the required documents. However, times may vary depending on the complexity of the case.

How Do I Renew My Golden Visa?
The initial Golden Visa is valid for one year. It can be renewed for two-year periods as long as the investment is maintained.

Do I Need to Submit Another Criminal Record Certificate?
Usually, this is only required if the applicant has lived outside Spain since the last renewal. To avoid complications, we recommend obtaining a new certificate for each renewal.

7.What Happens If I Sell the Property or Withdraw My Investment?
You would lose the right to renew the visa. It is crucial to maintain the investment throughout the residency period

8.How Does Tax Residency Work, and What Are the Legal Implications?

Tax-related questions are common among our clients:

Does Becoming a Resident Automatically Make Me a Tax Resident?
Not necessarily. You are considered a tax resident in Spain if you spend more than 183 days per year in the country or have your primary financial interests based there.

What Taxes Will I Pay If I Buy a Property?
Real estate purchases are subject to taxes such as VAT or the Property Transfer Tax (ITP), depending on the type of property. You will also need to pay an annual Property Tax (IBI).

9.Can I Work in Spain?
Yes, the Golden Visa grants both residency and work authorisation. 

10.Can I Apply for Spanish Nationality?
Yes, but you must reside in Spain for at least six months per year. The general residency requirement for nationality is ten years, though exceptions apply:

  • One year for those married to a Spanish citizen.
  • Two years for nationals of Hispano-American countries, Andorra, the Philippines, Equatorial Guinea, or Portugal.

11.What Happens if the Golden Visa Is Discontinued in Spain?

The Spanish government has announced its intention to eliminate the Golden Visa for real estate investments, leading to these common questions:

When Will the Golden Visa No Longer Be Available?
There is no exact date, but legislative changes are underway. Investments meeting the requirements before the reform may be among the last to qualify. We believe applications will be accepted until December 31, 2024, though this is subject to confirmation.

12.What Happens If I Already Have a Golden Visa?
Current visas are expected to remain valid, potentially for up to eight years, as long as renewal requirements are met.

13.Why Hire Bennet & Rey Lawyers? What Do We Offer?

  • Personalised Attention: We will guide you through every step of the process.
  • Trust: We are certified lawyers, members of the Madrid Bar Association, and experts in immigration law and in real estate.
  • Time Savings: We handle document gathering and ensure all paperwork is in order.
  • Representation: If you cannot travel to Spain, we can represent you with a notarised power of attorney.
  • Multilingual Support: We speak Spanish and English to make you feel comfortable.

Contact us at [email protected] or visit bennetrey.com. We’re here to help you, every step of the way!

GOLDEN VISA. UNTIL WHEN? Take advantage of the last chance

On November 14, the Spanish Congress approved a new law that included the repeal of the articles of Law 14/2013 on Entrepreneurs, which allowed the application for the Golden Visa. In other words, the Spanish Congress approved the elimination of the Golden Visa.

Now, this new law has to go through the appropriate parliamentary procedures, it needs the approval of the Senate, which has to approve it, and subsequently the law will have to be published in the BOE (Official State Gazette).

Once the law is published in the BOE, three months later, the law that eliminates the Golden Visa will begin to enter into force. We believe that we will have three months from the publication to continue requesting Golden Visas, a period that will end with the entry into force of the law.

We do not know the exact date, but we believe that it will be published before December 31, 2024, coming into force 3 months later. We recommend, however, doing so as soon as possible.

Please note, as we have told you, these are approximate dates, so take them with caution .

We advise you to take advantage of this last period to apply for the Golden Visas as soon as possible and, if you know someone who wants to apply for this visa, to inform them that they have little time to apply for it, but that they can still do so. We advise doing it as soon as possible.

At Bennet & Rey, we will keep you informed.

Entry into the United Kingdom with the ETA form (Electronic Travel Authorisation)

During this past month we have received many questions concerning this matter, since, at the beginning of 2024, there will already be citizens of some countries, such as the United Arab Emirates and Qatar, who will be obliged to fill in the ETA form in order to enter the United Kingdom for short stays, whether they are travelling for business or for tourism.
The maximum length of stay will be 180 days.
 When will this document be required for European citizens to enter the United Kingdom?
It is expected that this will commence at the end of 2024  although the date could be changed.
It is also expected that in 2025 Europe will require British citizens to fill in the equivalent form called the ETIA  (the European Travel Information and Authorization System) in order to enter our area. However the exact date when this will first be required also has not yet been set.
 Which documents will the United Kingdom require?
These have still not been clearly specified. Groups of British citizens in Europe, like Eurocitizens (https://eurocitizens2020.blogspot.com) and others, are asking the British authorities to specify clearly what requirements they will have.
As you can see, it is clear that it will happen, but only slowly are the dates and details being finalised.

WHAT RIGHTS DO I HAVE IF MY FLIGHT IS DELAYED OR CANCELLED?

If your flight is delayed the European law 261/2004 establishes a list of minimum compensation:

After two hours the company must offer you food and drinks free.

After three hours you have the right to financial compensation between 250 and 600 euros. (It depends on the length of your flight. You have a right to 250 euros in short distance flights of less than 1,500 km.)

If the delay is for more than 5 hours, and you decide not to continue with the flight, you have the right to compensation:  the cancellation of the flight and the return of your payment. If you are in an airport to transfer to another flight you have the right to be taken back to your starting point.

If the circumstances have been caused by something out of the ordinary such as a terrorist attack or weather problems etc, they will not give the compensation. But note that there is a sentence of the European Court from April 2018 which indicates that strikes of employees of airlines are not considered as “extraordinary circumstances”.

If your flight is cancelled: the airline is obliged to offer you the cost of the ticket and return you to your starting point, or to take you to your final destination by a similar means of transport. Also food and drink must be provided depending on the length of the delay, and a hotel if you have to spend the night somewhere while waiting for the situation to be resolved. As far as the compensation goes, the amounts due are similar to those for delays.

And if they damage or lose my case?  You have right to receive up to 1,300 euros . You will need to provide proof of the damage and/or losses.

How do I apply for all of this?

To begin with (and if it is possible) we recommend that you go immediately to the counter of the airline with the ticket, either printed or on a mobile, and make your request. If it is not possible, we recommend that you use the web pages of the company to request this type of assistance.

CAN I GO TO A NOTARY IN ORDER TO GET DIVORCED?

This is a question which we are often asked. Until 2015 a divorce was not possible with a notary, and any divorce which was not mutually agreed or was contentious had to be resolved in the courts. But under law 15/2015 (passed on July 2nd 2015) which regulated voluntary jurisdiction and came into force that every year, there was an important change: notaries could oversee a divorce as long as certain conditions are met. Therefore our reply is:

“Yes, you can divorce in the presence of a notary but only if the following conditions are met:”

–You need a lawyer as it cannot be done without the presence of a lawyer. Therefore you must find one, and you will need to have an agreement which has been drawn up according to the terms of Article 90 of the Civil Code

–The divorce must be by mutual agreement: i.e. you have to reach an agreement which you then put in a formal document. (If there is no agreement, you will have to go to a court.)

-More than three months must have passed since you were married.

-You can only do it if all the children of the marriage are older than 18, and there are no children with disabilities.

–Or you don’t have children.

-The competent notary is registered where one of the spouses is a resident.

How do I do it?

-You’ll have to find a lawyer to draw up the legal agreement for the notary to accept. When the agreement has been made, the lawyer will take it to the notary. It must be prepared carefully as the notary may reject it.

-If the notary accepts it, the notary’s office will fix a date for signing the divorce or separation, which will be recorded in a public deed/contract (the “escritura”) and which will contain the agreement which lays down the terms of the divorce.

-Once the contract has been signed by all parties, the notary will send it to the central civil registry.

The sunshine of summer illuminates every happy moment.

The easiest thing always is for there to be an agreement between the parties. However, reaching an agreement normally turns out to be more complicated and needs advice and often the mediation of a lawyer.

If you have decided on a divorce and you want to do it following this process, please contact us.

At Bennet & Rey we shall be pleased to help you.

Which court do I go to if I am a foreigner with children and I want to get divorced – or if I am not married and I want to alter my position vis-a-vis my children. Do I go to a Spanish court or a foreign one?

This is not a simple matter but certainly a very interesting one from the point of view of international family law – an area in which Bennet&Rey are specialists and which definitely interests us. We would like to explain it in some detail, although it is rather complicated!

To summarise and to talk in general terms without going into specifics, – which could alter this, general information – you should go to the courts where the children have their normal home.

How do I know what counts as “their normal home”? That will be understood to be the place where they have lived more than 3 months, with other circumstances possibly relevant such as their being at school – and of course it depends on your not having taken the children illegally from their previous country of residence.

You must bear in mind that this is all about parental responsibility.

Since August 2022 the recent European regulation: EU 2019/1111, Brussels II-TER,  from the Council of Europe on the 25th June 2019 (which replaces the regulation EU 2201/2003-03- Brussels II-Bis) is applicable in Spain.

 The previous regulation (EU2201/2003) needs to be applied alongside the Hague Convention of 1996. Coordinating these two international measures has turned out to be complicated, in particular with regard to the rules of international judicial competence. But with the new reform in Regulation 2019/1111 and the Hague Convention 1996 for protection of minors, one general rule was formed concerning the international judicial competence with regard to the normal residence of the minor.

As a result, the place of residence of the minor has become a basic tool for deciding on international judicial competence.

If the minor or minors are in Spain, European regulation EU2019/1111, along with what is indicated in Article 97 will apply; but if the minors are in some state which comes under the Hague Convention and which is not a member of the European Union, the Hague Convention will apply, which strengths the protection of such minors.

At Bennet &Rey we welcome this double judicial protection with reference to minors.

Given the complexity of working out judicial competence, we recommend that you get professional advice before taking a decision. We will be pleased to help you in this. We recommend that you get professional advice before taking a decision. At Bennet & Rey, we will be pleased to help you in this.

I just been notified of a divorce claim made against me in another country – and I have already started mine in Spain! So what do I do now?

This is a situation which we have faced in our office as we are specialised in international family law: we put in a claim for divorce before a Spanish court and our client discovers that one has already been presented in some other country. The obvious question is: which is the valid claim: the Spanish one or the one in the other country?

According to Spanish law there is a legal process to solve this problem which is an “Excepción Declinatoria” (Challenge regarding Authority) which we use for these cases – as long as it is in our client’s interest!

So what does it involve? It’s a process to investigate possible reasons for “excepción” to determine whether the Spanish courts should be involved. If it is in our client’s interest, we will use it to say in the Spanish court that there is another claim already in progress in another country and that perhaps the Spanish court is not competent. This intervention then delays the divorce procedure in Spain until it is resolved by the Spanish Court.

So, who has priority? In general terms if a claim has been made in the court of some other country before the one, we make in Spain, the court in that country will have the right to act. But it is not quite so simple: for example if minors are involved, the rules of The Hague Convention will have to be taken into account; and also if those involved are European citizens.

This “excepción procesal declinatoria” has a time limit, and so we have to make sure that the request for it, is made within that time, and if we are defendants in a civil court in the written reply to the claim. It is then resolved by means of a judicial document called “Auto” which will decide whether the “excepción procesal declinatoria” is valid or not. When a response to the hearing has been made which resolves the dispute, there is then no right of appeal.

We hope that this has clarified the situation a little.

At Bennet & Rey we are experts in international family law and we will be pleased to help you in a matter of this kind. Please do not hesitate to contact us at: [email protected]

FOR FATIMA, AMIRA, FARAH … A HUMANITARIAN CRISIS

As lawyers we wish, as far as is possible, to EMPHASISE the danger of damage being done by the Taliban regime to rights included in the Universal Declaration of Human Rights adopted and proclaimed by the General Assembly of the United Nations on 10th December 1948. We also DEMAND:

-That those rights be respected in the case of women in Afghanistan.

– And we, citizens, and our politicians be prepared for the humanitarian crisis migration which probably is going to happen and that we all welcome in our countries our brothers and sisters from Afghanistan who decided to migrate.

What would happen if these days a group of men – say, Luis, Peter, Alfred or William – were denied the possibility of going to school, of studying in college or of being financially independent? And what if they were not allowed to give evidence in court, be active in the media, or even leave their homes on their own?

This could be happening to Fatima, Melissa, Delila, Amira, Farah, Yosefa, and Zurah – Afghan women now living under the Taliban – unless this régime should respect the rights that they have recently been able to enjoy.

At Bennet & Rey – although we have great respect for all religions and beliefs – we are certainly very concerned at the advance of Taliban forces and power, in particular because of the suppression of fundamental rights which this regime seems likely to impose with regard to one particular group of human beings, namely women.

And although there have been some initiatives and broad international support challenging this threat, we would like to see much more happening. We see public opinion as a fundamental source of pressure on this regime.

BUYING A PROPERTY IN SPAIN – What is the NOTA SIMPLE?

In every country buying or selling a property follows a different process and it seems difficult although really it needn’t be, in particular if you have professionals to guide you.

We help you and we can be with you on every step of the process – and we can also carry out parts of the process on your behalf – which can save you time and money.

In Spain before buying a property we recommend that you always request the Nota Simple – but what is it? The Nota Simple is a document from the Spanish registry of property: it’s an official document which it states:

  • the address and description of the property
  • the owner of the property
  • whether there is any claim or financial burden on the property – a mortgage for example

This provides very important information which allows us to know whether what you are buying is registered – and is all that it claims to be. It will also tell us if you are buying it from the appropriate person and if there is any mortgage or not on the property.

You can apply for this document from the registry of property (el Registro de Propiedad), but it might also be requested by the estate agency or the notary. The purchase contract – which will be the final step of the purchase – must always have this Nota Simple attached to it,

At Bennet & Rey we are here to help you.

TIE / NIE : WHAT’S THE DIFFERENCE?

We are always being asked questions like this in our office: what is a NIE? What’s a TIE? If I have one, do I have the other? Is a TIE the same as a NIE?

At Bennet & Rey we are always here to help! So we’ll try to explain.

What is a NIE?

NIE (NÚMERO DE IDENTIFICACIÓN DE EXTRANJERO – “Identity Number of a Foreigner”)

It is your identification number – in Spain everyone is identified by an official, unique number.

What number will I be given  as a foreigner?

It will be a letter, followed by seven numbers, then another letter at the end: e.g. : X 0299991 Z, or Y 0203456 M

And if someone is Spanish?

If you are Spanish, you have eight numbers followed by a letter: e.g. 50777333B

Is it true that there are two different types of NIE – for residents and non-residents?

Yes, it’s true.

What is a non-resident NIE?

You need it if you do not live in Spain but you want to be involved in some kind of financial activity – e.g. buying a house or giving money to your children. To obtain this you have to apply for a non-resident NIE. This will then let you make individual transactions, BUT it does not allow you to be resident in Spain.

It consists of a piece of white paper, with no photo!

What is a resident’s NIE?

When you apply to live in Spain the authorities give you a NIE number (unless you alrady have one!).

Is the format of the number the same as for a non-resident NIE?

Yes. (So, if you apply for a non-resident NIE and later change it to a resident’s NIE,  the number stays the same.) The difference is that with the non-resident number you cannot live in Spain. With the resident’s one, you can!

Will my NIE always be the same? Yes.

We hope that it’s clear what a NIE is!

TIE  (TARJETA DE IDENTIDAD DE EXTRANJERO – “Identity Card of a Foreigner”)

What is a TIE?

It is a card. It is the physical proof of your NIE as a resident – a plastified card (or previously a piece of paper or a card) where your TIE is printed. If you are not a resident, you just have the piece of paper – no TIE, no card!

What is there on a TIE?

Your TIE will have your photo, your basic personal details, a registry number (top right) and your NIE number.

Is there any difference between the TIE card of UK citizens after Brexit and those of other foreigners?

The TIE of a UK citizen will say that it is subject to the BREXIT agreement, and it will have a photo for identification purposes. It looks rather like a driving licence.

By the way you now don’t need to carry your passport for purposes of identification in Spain. Your new TIE will do!

Remember: ‘TIE’ begins with T – because it is a Tarjeta!

We hope that this helps! At Bennet&Rey we are here to help you!