ACM PPT Working, Living, & Retiring Abroad

Working, Living & Retiring Abroad

A starter toolkit to understanding

Presentation host: The American Club of Madrid



Laura Fernandez- Canillas Becerro

Attorney

Sagardoy Abodados Law Firm

Working in Spain: the basics

Maximum stay without w&r permit: 90 days every 6

months.

No work activity is allowed without a work permit.

What is work?

Same definition as for nationals => no special legal concept considered

in Immigration Law.

Regardless of duration (even one day).

Business vs work.

Restrictive interpretation.

Most typical work permit types:

Local hire.

Intra-company transfer

Non lucrative residence visa: facilitates future work permit

Working in Spain as employee: local hire

Working directly for a Spanish company

Local contract.

Spanish social security enrollment & labor law conditions.

3 step process

Work permit: company sponsors.

Work visa: personal application by employee in country of origin

Residence permit: after arrival and social security registration.

Requirements:

Labor market test.

Qualification/experience for job position

Company is up-to-date with Social Security and Tax Office

No previous irregular stay.

Exceptions to labor market test:

Situations in art. 40 LO 4/2000

Highly qualified employees for large companies

Working in Spain as an employee: others

Intra-company transfer:

Employee transferred to Spain, maintaining work relationship and Social

Security in sending country.

Some exceptions to work authorization. i.e. artists, journalists, members of

religious organizations.

Spouses:

Dependants under “reagrupación familiar” are entitled to work.

Telework:

Working at home for a Spanish company would need a self-employed

work permit

Teleworking for a foreign company is not regulated by law.

Working in Spain: self employed visa/investor

Main requirements for self employed visa:

Comply with general requirements for activity and necessary qualifications..

Business plan to prove financial viability – necessary report from UPTA .

Economic resources for accomodation and support during residence.

Process for self employed visa:

Personal application at the Spanish Consulate in country of residence.

Immigration Office in Spain will decide.

Consulate will issue visa

Post arrival process: residence permit application.

Establishment of a company:

Name reservation.

Bank account & temporary CIF.

Deeds incorporation at notary & registration at Registro Mercantil.

Opens Social Security account & registers with Tax Office

Retirement in Spain: residence visa

Non-lucrative residence visa:

For cases where individual financial support and family´s (if applicable) is

possible without lucrative activity.

Main requirements:

Economic resources: 400% IPREM => annually = 25.560,48 € (+ 100%

IPREM per each family member => annually= 6390,12 €

Medical insurance.

Process:

Personal application at the Spanish Consulate in country of residence

Immigration office in Spain will have the final decision.


Post arrival process: residence permit application



Presentation host: The American Club of Madrid



Christine Fagan

American Citizen Services Chief & Consul

U.S. Embassy Madrid

LIVING ABROAD

The U.S. Embassy in Madrid is here to serve U.S. citizens

living, studying and traveling abroad in Spain.

There is no requirement to register with us but we

encourage you to do so at www.travel.state.gov. This

ensures you receive our messages and that we have your

information if there is an emergency or crisis.

http://www.travel.state.gov/

LIVING ABROAD - FAMILY

MARRIAGE - Getting married in Spain

• The U.S. Embassy can notarize and provide documents that

fulfil the need for:

(1) proof of freedom to marry,

(2) certificate of residence if the citizen does not reside in

Spain,

(3) posting of banns, and

(4) certificate of consular inscription.

• You do not need to “register” your marriage with the Embassy.

• U.S. Visa law is federal law and thus does not recognize same-

sex marriages for the purposes of immigration.


CHILDREN

• U.S. Citizen parent(s) who give birth in Spain should apply for a

Consular Report of Birth Abroad and U.S. passport for that

child. Make an appointment on our website or by emailing

[email protected].

• The law is specific about who can transmit citizenship to their

children. Factors include whether the parents were married,

how long the U.S. Citizen parent lived in the United States and

where the child was born.

• We require consent from BOTH parents to issue a passport to

a child under the age of 16.

mailto:[email protected]


DIVORCE

• You do not need to register a divorce with the U.S. Embassy.

• We can notarize documents, including court documents and

settlement agreements, that will be used in the U.S.

• Be aware of child custody agreements and travel restrictions.

You do not want to be accused of international parental child

kidnapping!

Remember that we need both parents to consent to the

issuance of a U.S. passport or a court order granting one

parent the right to obtain the passport.

LIVING ABROAD – DUAL CITIZENSHIP

U.S. Law states that U.S. citizens are subject to loss of

citizenship if they perform certain specified acts voluntarily

and with the intention to relinquish U.S. citizenship.

The automatic acquisition or retention of a foreign

nationality, acquired, for example, by birth in a foreign

country or through an alien parent, does not affect U.S.

citizenship.

Dual nationality can also occur when a person is

naturalized in a foreign state without intending to

relinquish U.S. nationality and is thereafter found not to

have lost U.S. citizenship.

LIVING ABROAD – DUAL CITIZENSHIP

While recognizing the existence of dual nationality and

permitting Americans to have other nationalities, the U.S.

Government recognizes the problems which it may

cause. Claims of other countries upon dual-national U.S.

citizens often place them in situations where their

obligations to one country are in conflict with the laws of

the other.

Dual nationality may hamper efforts to provide U.S.

diplomatic and consular protection when abroad.

People who wish to renounce their U.S. citizenship

should contact us at [email protected]

LIVING ABROAD – RESPONSIBILITIES

TAXES

• U.S. Citizens and others may be required to file tax returns

even when living overseas.

• All filers of U.S. tax returns and their dependents must

provide either a US Social Security Number (SSN) or an

Individual Taxpayer Identification Number (ITIN).

• Taxpayers must report specified foreign financial assets on

new Form 8938, if the aggregate value of those assets

exceeds certain thresholds. More information is available at

www.IRS.gov/form8938.

http://www.irs.gov/pub/irs-pdf/f8938.pdf

http://www.irs.gov/form8938

LIVING ABROAD – CITIZEN RIGHTS

EMBASSY SERVICES

• Routine Services: passports, notaries, lawyers & doctors lists

• Emergency Services: deaths, missing persons, repatriation loans

for destitute citizens, assistance when a citizen is arrested,

assistance when a citizen is hospitalized or otherwise in

trouble

• Crisis Support: If a crisis hits the Embassy is prepared to

protect and assist U.S. citizens. This may involve contacting

loved ones, ensuring basic needs are met and even evacuation.

LIVING ABROAD – CITIZEN RIGHTS

VOTING

• You may still be able to vote in U.S. elections while living

overseas. This will be an exciting year!

• Federal Post Card Application (FPCA) should be requested

from your local voting official.

• Federal Write-In Absentee Ballot (FWAB): Any voter who has

not received a requested ballot within 30 days of an election

may use a FWAB.

• FVAP.gov or email [email protected]

mailto:[email protected]



Laura Ortega-Lamela J.D. MA. Diplomacy & Int’l Relations, Ministry For Foreign Affairs and Cooperation of Spain [email protected]

FAMILY, MARRIAGE AND CHILDREN

NEW FAMILY STRUCTURE UNDER THE CE78

LEGAL FORMS OF MARRIAGE & REQUIREMENTS

CIVIL REGISTRY

CHILDREN: NAME, PROTECTIONS UNDER THE LAW & CITIZENSHIP.

DUAL CITIZENSHIP

FAMILY

BEFORE CE78 AFTER CE78

Matrimonial, Heterosexual and

Monogamist.

Absolute Power of the Father.

Residual Role of the Mother.

Matrimonial, Adulterous and

Natural Children: Different Rights

and Status under the Law.

Different Types of Families: Matrimonial, No matrimonial,

Heterosexual, Homosexual.

Divorce.

Non discrimination.

Equality under the Law.

All Children have same Status,

Rights and Protections.

MANDATORY CORE PRINCIPLES

art. 9, art.10, art.13, art.14, art. 32 & art. 39

MARRIAGE

Not the only vehicle to form a “family unit” (reunification).

Legal Forms of Marriage:

a. before Spanish Authority:

i. Judge ( one party resides in Spain)

ii. Mayor (one party resides in Spain)

iii. Consul General of Spain (Spanish national)

b. before Foreign Authority:

i. Abroad

ii. Consul General accredited in Spain (≠ Spanish national)

c. before a Religious Authority:

i. Catholic Church.

ii. Other Confessions (Islam, Judaism, Evangelical)

LEGAL REQUIREMENTS

1. EXPEDIENTE MATRIMONIAL PREVIO

a. Municipal Civil Registry (residence in Spain)

b. Consular Civil Registry (residence abroad)

II. CERTIFICATE OF LEGAL CAPACITY

Art. 9 C.c.: nationality*

III. TWO WITNESSES

IV. AUTHORIZATION OF THE MARRIAGE

V. INSCRIPCION IN THE CIVIL REGISTRY

a. Municipal (it took place in Spain)

b. Consular (it affects the civil status of a Spanish national)

VI. Capitulaciones Matrimoniales [Nuptial Agreemets]

DIVORCE

PERSONAL RIGHT OF THE INDIVIDUAL TO LOOSE THE

MARITAL AFECTION (ART. 10.1CE 78).

JURISDICTION:

a. Art. 22 LOPJ v. EU Rgl. 2201/2003 (Brussels II)

b. Point of connections: residence & nationality of the parties.

c. Parties cannot select venue by agreement.

APPLICABLE LAW:

a. Parties can select venue by written agreement*

b. Art. 107 C.c.: e.g. common nationality or residence of parties.

c. EU Rgl. 4/ 2009 (Brussels III): Alimony.

EXEQUATUR

RECOGNITION AND EXECUTION OF A FOREIGN

DIVORCE DECREE:

a. U.E. = Automatic Recognition.

b. Non UE = Exequatur = Spanish Decree.

» Apostille.

» Certified Translation

» Juzgado de 1a. Instancia = control.

CIVIL REGISTRY

CHILDREN

SAME RIGHTS AND STATUS UNDER THE LAW.

a. matrimonial / non matrimonial

b. biological / adopted

NAME AND LAST NAME.

» not offensive or contrary to civil order.

» order of last name is elective*.

» DGRN: 2 different denominations =1st. Inscription.

LEGAL PROTECTION.

» NY Conventions of 1989 & 1956 (child support)

» Hague Conventions of 1961, 1973, 1980* (subtractions of minor),

1993.

CITIZENSHIP

LEGAL REGIMES

IUS SOLI IUS SANGUINIS

Citizenship is determined

by the country’s

TERRITORY one is born

into.

Citizenship is established

by BLOOD LINES and it is

passed through by the

parents to the next

generation.

Vecindad, Nationality and

Citizenship

Interaction of the three

dimensions

ciudadanía

nacionalidad

Vecindad civil

SPANISH CITIZENSHIP

ORIGINAL

FROM BIRTH

Children born to a Spanish mother

or father*

Children born in Spain to foreign

parents ONLY

» when one parent was also born

in Spain.

» when parents do not transmit

their citizenship.

Children born in Spain of unknown

parents

DERIVATIVE

BY NATURALIZATION

Opcion

Legal Residency

Carta de Naturaleza

OPCIÓN Law 36/2002.

Objective: ”to protect the social and economic rights of the

Spanish citizens who live abroad and facilitate their return”.

» Children of an original Spanish citizen who was

born in Spain.

» Children subjected to the custody or

guardianship of a Spanish citizen.

» Art. 17.2 y 19.2 C.c.

PROCEDURE

1. MINORS under 14 y/o or INCAPACITATED:

» Declaration under Oath by their legal representative.

» Authorization by the other parent.

» In the best interest of the child or incapacitated.

» Without giving up the former citizenship.

2. MINORS of 14 – 16 y/o:

» By the minor with assistance of his/her legal representative.

3. MAJORITY OF AGE (18 – 20 y/o):

» The interested party, giving up his former citizenship.

TIME REQUIREMENTS General Rule: right to opt expires when child turns 20 y/o.

Exceptions:

» two years after his emancipation / majority of age according to his national law.

» two years after the incapacitated recuperates.

» No time limitations for the children of an original Spanish citizen born in Spain.

LEGAL RESIDENCE REQUIREMENT

FOR CITIZENSHIP GENERAL RULE: 10 YEARS

REDUCED TIME:

- » 5 AÑOS: Refugees.

- » 2 AÑOS: Nationals of Latin America, Andorra, Philippines, Guinea, Portugal and Sephardi Jews.

- »1 AÑO:

- a. Children born in Spain*.

- b. Those who had the right to opt (art.20 Cc) and could not properly exercise it.

- c. The spouse of a Spanish citizen (not separated + 1 year of marriage)

- e. The widow or widower of a Spanish citizen (not separated)

- f. Children born abroad to a father/mother who had been originally Spanish.

- g. Grandchildren born abroad whose grandparents were originally Spanish.

PROCEDURE.

Administrative process before the Judge of the Civil Registry

of the party’s domicile in Spain.

Proof of good civic conduct and sufficient degree of

integration.

Residence: legal and continued.

Petition must be filed immediately after residence

requirements are met.

180 days.

Administrative Appeal

LEGAL STANDING.

1. Emancipated or 18 y/o.

2. Minors of 14-16 y/o with the assistance of their legal representative.

3. Minors under 14 y/o by their legal representative.

4. Incapacitated by their legal representative.

CARTA DE NATURALEZA Regulation: Art. 21 Cc.

Awarded discretionally by the Ministry of Justice when occurred “exceptional circumstances”.

» Interested party does not meet all the requirements to apply for citizenship.

- » Special connection with Spain (e.g. “arraigo”: foreign parents trust with the care of a Spanish citizens)

- » People who have made great cultural, economic, scientific or technological contributions to Spain.

Art. 23 C.c.

Same requirements to acquire [derivative] citizenship by

Option, Residence and “Carta de Naturaleza.”

a. Oath promising obedience to CE78 and Spanish Laws.

b. Declare giving up former citizenship

c. Civil Registry.

DUAL CITIZENSHIP

One person with two citizenships:

» from birth: the laws of two different countries

awarded citizenship simultaneously

» after birth: one person acquired a different

citizenship by means of naturalization without loosing his

original one.

Art. 11.3 CE78

Dual citizenship regulated by the Law:

» Spain may concert dual citizenship agreements with Latin

American countries or any other countries with which Spain has

special ties.

» Spanish nationals may naturalized from said countries

without loosing their original Spanish citizenship.

» Citizenships that coexist with a EU member State.

CONFLICT SOLUTIONS

Art. 9.9., 9.10 & 10 C.c.

» Int’l Treaties.

» Nationality = actual Residence / last Residence.

» Spanish citizenship is preferred when does not

concurred with the nationalities regulated by Art. 11.3

CE78.

» Unknown citizenship = actual Residence.

SPANISH NATIONALITY MAY BE LOST/CANCELED

art. 24 y 25 CC. (Ley 36/2002)

Original Citizens (Art. 24)

1. 18 y/o and older who residing

abroad have voluntarily acquired

another nationality.

2. Or use exclusively the other one

which they have since birth or

before emancipation.

*Conservation de la nationality

Derivative Citizens(Art. 25)

1. When use exclusively former

citizenship.

1. Army personal or political

appointees against the express

prohibition of the Spanish

Government.

REINSTATEMENT

ART. 26 Cc.

» General Rule: Legal residence in Spain

» Exception: immigrants & their children

» Oath before Spanish Authority

» Civil Registry

» Discretional habilitation by the Government

(derivative)

This presentation is for informational purposes only and

not intended to be legal advice. Every person's situation is

different and we advise you contact an attorney that

specializes in this type of law. Should you need a referral

or guidance please do not hesitate to contact us at

Lexpana or Delaney Law.

By Laura Ortega-Lamela

J.D. MA. Diplomacy & Int’l Relations,

Ministry For Foreign Affairs and Cooperation of Spain

[email protected]



David Diaz Cueva

Attorney

Sagardoy Abodados Law Firm

Retirement in Spain: residence visa

Non-lucrative residence visa:

For cases where individual financial support and family´s (if applicable) is

possible without lucrative activity.

Main requirements:

Economic resources: 400% IPREM => annually = 25.560,48 € (+ 100%

IPREM per each family member => annually= 6390,12 €

Medical insurance.

Process:

Personal application at the Spanish Consulate in country of residence

Immigration office in Spain will have the final decision.


Post arrival process: residence permit application



Dirk Jan van der Grift

Operations Supervisor

Federal Benefits Unit

U.S. Embassy Madrid

Direct Deposit While Outside the U.S.

Direct Deposit of Social Security Benefits is:

SAFE, QUICK and CONVENIENT!

Domestic and foreign Direct Deposit are both available

to beneficiaries living in Spain

Types of Social Security Benefits

Retirement and Auxiliary Beneficiaries

Retired worker—beneficiary who worked in covered

employment long enough to be insured and who is at least 62

years old (benefits equal to the "primary insurance amount"

are payable at the normal retirement age; maximum benefits

are payable at age 70)

Spouse of retired worker—must either (1) have a child under

age 16 or a disabled child in his or her care, or (2) be at least

62 years old; applies also to divorced spouse if the marriage

lasted at least 10 years

Child of retired worker under age 18, disabled before the age

of 22 or high school student under age 19.

http://www.socialsecurity.gov/pubs/10035.html

http://www.ssa.gov/oact/ProgData/insured.html

http://www.ssa.gov/oact/COLA/piaformula.html

http://www.ssa.gov/oact/ProgData/nra.html

http://www.ssa.gov/oact/quickcalc/spouse.html

http://www.ssa.gov/oact/ProgData/types.html


Survivor Beneficiaries

Child of retired worker under age 18, disabled before the age

of 22 or high school student under age 19.

Aged widow(er) —must be at least 60 years old

Young widow(er) —must have a child under age 16 or a

disabled child in his or her care

Disabled widow(er) —must be disabled and be at least 50

years old (converted to aged widow(er) upon attainment of

age 65)

Parent of deceased worker—must have been dependent on

worker and be at least 62 years old





Disability and Auxiliary Beneficiaries

Disabled worker—beneficiary who worked in covered

employment long enough to be insured and who had

been working recently in covered employment prior to

disability onset

Spouse of disabled worker—must either (1) have a

child under age 16 or a disabled child in his or her care, or

(2) be at least 62 years old; applies also to divorced

spouse if the marriage lasted at least 10 years

Child of retired worker under age 18, disabled before the

age of 22 or high school student under age 19.


http://www.ssa.gov/oact/quickcalc/spouse.html


Totalization Benefits

Agreement between the U.S. and Spain

If you have Social Security credits in both the United States and Spain, you may be

eligible for benefits from one or both countries. If you meet all the basic

requirements under one country’s system, you will get a regular benefit from that

country. If you don’t meet the basic requirements, the agreement may help you

qualify for a benefit as explained below.

Benefits from the U.S—If you don’t have enough work credits under the

U.S. system to qualify for regular benefits, you may be able to qualify for a

partial benefit from the United States based on both U.S. and Spanish credits.

However, to be eligible to have your Spanish credits counted, you must have

earned at least six credits (generally one and one-half years of work) under the

U.S. system.

Benefits from Spain—Social Security credits from both countries can also

be counted, when necessary, to meet the eligibility requirements for Spanish

benefits. To be eligible to have your U.S. and Spanish credits counted, you must

have at least one year of coverage credited under the Spanish system.

http://www.socialsecurity.gov/international/Agreement_Pamphlets/spain.html

Medicare (www.medicare.gov)

Medicare is a health insurance program for Social Security beneficiaries age

65 or older. Certain people younger than age 65 can qualify for Medicare,

too, including those who have disabilities, permanent kidney failure or

amyotrophic lateral sclerosis (Lou Gehrig’s disease). The program helps

with the cost of health care, but it does not cover all medical expenses or

the cost of most long-term care.

Medicare is financed by a portion of the payroll taxes paid by workers and

their employers. It also is financed in part by monthly premiums deducted

from Social Security checks.

Medicare does not cover any expenses incurred while outside of the

United States.

http://www.medicare.gov/

Parts of Medicare (www.medicare.gov)

Medicare has four parts

Hospital insurance (Part A) helps pay for inpatient care in a hospital

or skilled nursing facility (following a hospital stay), some home

health care and hospice care.

Medical insurance (Part B) helps pay for doctors’ services and many

other medical services and supplies that are not covered by hospital

insurance.

Medicare Advantage (Part C) plans are available in many areas.

People with Medicare Parts A and B can choose to receive all of

their health care services through one of these provider

organizations under Part C.

Prescription drug coverage (Part D) helps pay for medications

doctors prescribe for treatment.


Medicare Enrollment Periods

Initial enrollment period - When you first become eligible for Medicare, you have a

seven-month period (your initial enrollment period) in which to can sign up for medical

insurance. A delay on your part will cause a delay in coverage and result in higher premiums.

The enrollment begins three months before your 65th birthday, includes the month you turn

age 65 and ends three months after that birthday. If you are eligible for Medicare based on

disability, your initial enrollment period depends on the date your disability began.

General enrollment period - If you do not enroll in Medicare during your initial

enrollment period, you have another chance each year to sign up during a “general

enrollment period” from January 1 through March 31. However, your coverage will not

begin until July 1 of the year you enroll, and your monthly premium increases 10 percent for

each 12-month period you were eligible for, but did not enroll in Medicare.

If you plan to enroll in Medicare, you should apply for it at age 65,

even if you are still working or not yet considering retirement.

www.medicare.gov


How to File an Application

Retire Online – It’s So Easy

Applying for Social Security retirement benefits is easier than ever.

Boldly go to www.socialsecurity.gov. Retire online. It’s so easy!

Why should I use the

Online application?

How Secure is my

Personal information?

Applying online offers several advantages:

You can start your application immediately. There is no need to

wait for an appointment;

You can apply from the convenience of your home, or on any

computer; and

You can avoid trips to a SSA office, saving you time and money.

We use the most secure technology on the Internet to

keep your information private.

http://www.socialsecurity.gov/

The Federal Benefits Unit

http://madrid.usembassy.gov/federal-benefits.html



Question & Answer Period

ACM PPT Working, Living, & Retiring Abroad

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Transcript of ACM PPT Working, Living, & Retiring Abroad