Immigration Law

Immigration Law

RESIDENCE IN SPAIN AFTER BREXIT

Our immigration lawyers will help you and your family to get residency after Brexit easily

 

After Brexit UK citizens and their family members can be in different situations:

· UK citizen who were living in Spain before 1st of January 2021

· Family member of a UK citizen in Spain living in Spain before 1st of January 2021

 

In that case you can still be beneficiary of exit agreement and get your residency in Spain.

· UK citizen wants to get residence in Spain

· Family member of a UK citizen that wants to obtain residence in Spain

 

You can apply for residence as any other non-EU citizen.

Our experienced team of immigration lawyers will assist you with choosing the appropriate type of residence, for instance:

– Non-lucrative residence

– student´s residence

– residence and work permit

– investor´s residence

 

 

Our legal team will assist you with:

 

I) Advice you on which type of residence permit is the most suitable for you and your family.

 

II) Assist you in whole application process

 

Our immigration lawyers will take care about preparing all the necessary paperwork and will submit all the required application forms to the legal entities

III) Prepare, check all your documents

 

IV) Get all the required appointments for you both in immigration office and in the police office for registering your fingerprints and getting your residency card.

 

Golden Visa in Spain

Entrepreneurial Support Act of 27 September 2013 (Ley 14/2013) was intendeed for investors in Spain to get Golden Visa in the Spanish Consulate for one year or residency in Spain for two years without requirement to stay in Spain for more the 183 days in order to renew.

 

Advantages of Golden Visa:

 

– Investor´s Golden Visa/residency permit allows you to work in Spain

– Allows you to apply for visa/residency for your spouse, under aged children (as well as invesor´s elder children and mother/father depending on him)

– Investor´s Golden visa/ residency gives you free movement within the Schengen área

– Easy to renew if you maintain an investment and doesn´t requeire to stay in Spain more then 183 days per year.

 

Requirements for getting Golden Visa/Investor´s residency permit:

You can apply for Investor´s golden Visa or investor´s residency permit if you make a significant investment in Spain as follows:

· Investing in a real estate assets of at least 500,000 euros without taxes and mortgages

· Buying shares of a Spanish companies or bank deposits valued in 1 million euros

· Investment in a public debt 2 million euros

· Entrepreneurs who start business projects of general interest in Spain

What kind of visa or residence permit the investor will be granted?

 

· An investor visa, if you are outside of Spain when the application is submitted

 

· Aresidence permit if you are currently in Spain when submitting the application

Where can I apply for it?

· Visa applications must be made at the Spanish Consulate in the country of origin of residence.

· Residence permit applications must be made at the Large Business and Strategic Groups Unit (Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE).

Non-lucrative Residency

 

This is the most required residency permit between Non European citizens who have funds and don´t need to work in Spain and issued initially for one year allowing to be expanded for two years.

 

For whom it suits no lucrative residency type?

 

It´s the best type of visa for those people who decided to retire in Spain.

Also it´s ideal for those non-european citizens who have passive benefits and don´t need to work neither in their country nor in Spain.

 

The initial non-lucrative authorization for one year is to be requested in the Spanish Consulate in your country. Further renewals are to be requested in the immigration office in the local province of your residency. In order to renew your residency you need to stay in Spain more then 183 years per year and have enough money for renovation and have your health insurance in order.

 

Also, after one year of legal residency this work permit can be exchanged for another residency with work permit.

 

Non-lucrative visa allows you:

 

– To leave and to study in Spain

– To move with no limits within Schengen area

– To request the residency for your spouse and children simultaneously

– Work remotely form Spain if your job allows to

 

 

Ask our specialist for the list of requested documents for non lucrative visa in the Consulate or for renewal of your residency

 

Our immigration lawyers will help you with the whole application process for non-lucrative visa as well as will assist you with a renewal of the permit. We will help you to get all necessary documents (including criminal record and medical certificate) and will assist you with official translation of necessary documents into Spanish.

 

 

Residence permit as a family member of an EU citizen

 

If you are the family member of a European Union citizen, you can easily get the 5 year residency and work permit in Spain. You will have the same rights as if you were European citizen.

 

Who can apply for this type:

– Civil partner (pareja de hecho) or spouse

– Children from the marriage or from the civil union

– Father or mother of European citizen.

 

Benefits of this type of residency are:

– you will get residency and work permit for 5 years

– you can already leave in Spain with your relative (for the civil partner and spouse you eben don´t need to be legal)

– It´s very important that your relative (the European citizen) has a work contract or sufficient funds when you apply for residency.

If you apply with us we can help you with a legal procedure of registering your civil union (pareja de hecho) in Spain

 

Student´s visa in Spain

 

If you with to study in Spain then the student´s visa that allows you to study for degree, masters or P. hD is for you.

The student´s permit allows you o leave and study in Spain for the period of academic year with a possibility to renew.

 

Once you have finished 3 years study you will be able to apply for work permit in Spain in order to get residency and work permit.

 

The benefit of student´s permit type allows your family (only spouse or civil partner and under age children) to get residence permit in Spain for the period of your study.

 

Documents for Student´s permit:

 

– The confirmation letter form the academic institution (public or private) with indication of the period of studies and payment confirmation

– The medical certificate and criminal record

– The rental contract

– Poof of funds for living in Spain

 

Work permit in Spain

 

There are different types of getting work permit in Spain:

 

1) Highly qualified professional´s Visa

If you have a university degree and a company is willing to hire you in Spain, the best way to get a residence permit in Spain is as a Highly Qualified Professional.

There are many workers who want to come to Spain who are unaware of this scheme subject to Entrepreneurs Law, without having to take into account the National Employment Situation.

 

The special characteristics of this sector of highly qualified professionals is normally made up of graduates who come to work for large companies: for example, engineers, computer scientists, etc., although there are highly qualified professionals of any kind.

 

Requirements:

 

1º To prove the high qualification through the presentation of the degree and prepare the worker’s profile as well as a descriptive memory of the job;

 

2º To prove that the company has more than 250 workers

 

3º The salary of the foreign worker has to be more then 45,000 Euros in order to be considered a highly qualified professional.

 

2) Etrepreneur´s visa /recidency in Spain

This scheme is appropriate for those non-EU citizens who wish to start up an innovative business of particular economic interest in Spain.

There are two options:

– Etrepreneur´s start- up visa – if you are outside of Spain and you need to come to Spain in order to prepare all necessary bases to set up your business.

– Etrepreneur´s residency – if you are currently in Spain and meet all the requirements to set up the business.

Visa applications must be made at the Spanish Consulate in the country of origin or residence.

Residence permit applications must be made at the Large Business and Strategic Groups Unit (Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE)).

There are neither minimum capital requirements nor a minimum number of jobs to create. The Spanish system is based on a case by case analyses. For this

reason, business plans are required to know if the activity has a special economic interest for Spain or not.

With the visa and residence permit, you may live and work anywhere in Spain, including relatives if they meet the expected age labor regulations.

 

You can combine processing of permits for direct family members:

 

– Spouse or unmarried partner.

– Children who are minors or those of legal age being financially dependent on the holder.

– Parents in their charge.

 

Visa decisions are made and notified within 10 working days.

Residence permits decisions are made within 30 working days.

 

How long does the permit last?

 

•Visa: 1year

• Residence permit: 2 years

• Renewal of the residence permit: other 2 years.

 

How is the project assessed?

The case by case analyses is based on the decision made by business experts. The Directorate-General for International Trade and Investments (DGCOMINVER) is in charge of assessing the activity.

To know if the activity has a special economic interest for Spain, several elements are taken into account:

1. The applicant’s professional profile, his/her training and professional experience as well as his/her involvement in the project.

2. The business plan, including at least the following aspects:

-Description of the project: business activity to be performed, start-up date, location, planned legal form of the company, potential economic impact of the investment, description of the estimated number of jobs that may be created and their duties and qualification, planned promotion activities and sales strategy.

-Description of the product or service: the description shall be detailed and include the innovative aspects.

-Market analysis: assessment of the market and expected evolution, description of the possible competitors, assessment of potential consumers and analysis of

supply and demand. Financing: investment required, sources of financing and financial plan.

3. The added value for the Spanish economy.

A SPECIALIZED LAWYER FROM OUR TEAM WILL HELP YOU WITH YOUR BUSINESS PLAN!

3) Work permit as an employee

There are several requirements you will need to consider in order to get your work permit in Spain as a worker for a company:

· The employee cannot stay illegally in Spain when you are applying for this visa, and it will be the employer who is initiating the application procedure.

· The employee can´t have criminal records in Spain and in another countries of your previous residence

· Present a contract signed by the employer and worker that guarantees the worker a continuous activity during the period of validity of the authorization to reside and work.

· The conditions established in the employment contract must be adjusted to those established by current regulations. If the contract were part-time, the remuneration must be equal to or greater than the minimum interprofessional salary for full-time and in annual computation.

· The applicant employer must be registered in the Social Security system and be up to date with the fulfillment of their tax obligations and against Social Security.

· The employer must have sufficient financial, material or personal means for his business project and to meet the obligations assumed in the contract with the worker.

· The employee has to possess the professional qualification legally required for the exercise of the profession.

· That the national employment situation allows the employee´s employment

4) Work permit as sole trader (autónomo) or owning your proper enterprise – requires business plan and educational qualifications to realize the

tasks that your company requires. Also you need to prove you have enough funds to realize your project.

Requirements:

· Not to stay irregularly in the Spanish territory.

· Lack of criminal records in Spain and in their previous countries of residence.

· Applicant has to comply with the requirements that current legislation requires for the opening and operation of the company activity or planned business project.

· Possess the required professional qualification, experience or professional activity, as well as, where appropriate, have a membership when required.

· To be able to prove that the planned investment is enough for the business project and, where appropriate, is relevant for the job creation.

· To be able to prove that the applicant have sufficient financial resources for proper sustentation, after deducting all necessary funds for the company activity or business project maintenance.

FAMILY REUNIFICATION

 

If you are legal resident and have been living in Spain for at least one year and have obtained authorization to reside for at least another year then you can reunite: your spouse or civil partner, your children or yours civil partner´s under aged children. Also you can reunite your ascendants (father or mother) if you are holder of Spanish long-term residence or EU long-term residence.

 

Main requirement for family reunification:

– Your relative don´t have to be illegal in Spain at the moment of application

– Lack of criminal records in Spain and in their previous countries of residence.

– Have health insurance (public or private)

– Not suffering from any of the diseases that can have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.

– Have sufficient financial means to meet the needs of the family.

 

Spanish citizenship

 

If you are foreigner and live in Spain there are quite a lot of advantages in getting Spanish nationality, as for example living and working in Spain and in anther European countries.

 

There are 4 different ways to get Spanish citizenship:

1) Common case: after 10 year of legal residency in Spain you can apply for citizenship in Spain;

2) After 5 years of legal residency for refugies and after 2 year for Iberoamerican native citizens;

3) After 1 year of legal residency: oficially married with Spanish citizens can apply for Spanish citizenship;

4) After 1 year of living in Spain the children of Spanish legal residents who were born in Spain can apply for Spanish nationality.

REQUIREMENTS FOR COMMON CASE

· Not to be irregular in Spain during the application process.

· To pass two types of exams: DELE A2 (a Spanish language knowledge), and the CCSE (socio-cultural exam).

· You can´t have neither criminal nor police records in Spain.

· Submit “empadronamiento” to demonstrate that you haven’t left the country for a long period of time.

APPLICATION PROCESS

1. First of all, you need to pass DELE and CCSE exams and prepare all the required documents.

2. Then we can submit your application on line

3. After waiting for approximately 1 year you will get your resolution.

4. The next step is to realize the pledge of allegiance at the Civil Registry office.

5. Finally, you will need to go to the local police office and get your Spanish DNI and passport.

Why it´s better to apply for nationality with lawyer? Because the lawyer will make sure that all your documents are correct and you didn´t miss anything that can cause a rejection after years of waiting. We can do all necessary checks if you meet all the requirements to get the nationality

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