PPT presentation shared at ACM Working, LIving & Retiring Abroad

2. Working, Living & Retiring Abroad
A starter toolkit to understanding
Presentation host: The American Club of Madrid

3. Working, Living & Retiring Abroad
A starter toolkit to understanding
Laura Fernandez- Canillas Becerro
Attorney
Sagardoy Abodados Law Firm

4. 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

5. 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

6. 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.

7. 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

8. 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.
 Consulate will issue visa
 Post arrival process: residence permit application

9. Working, Living & Retiring Abroad
A starter toolkit to understanding
Presentation host: The American Club of Madrid

10. Working, Living & Retiring Abroad
A starter toolkit to understanding
Christine Fagan
American Citizen Services Chief & Consul
U.S. Embassy Madrid

11. 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.

12. 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.

13. LIVING ABROAD - FAMILY
 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
AskACS@state.gov.
• 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.

14. LIVING ABROAD - FAMILY
 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.

15. 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.

16. 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 AskACS@state.gov

17. 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.

18. 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.

19. 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 votemadrid@state.gov

20. Working, Living & Retiring Abroad
A starter toolkit to understanding
Laura Ortega-Lamela
J.D. MA. Diplomacy & Int’l Relations,
Ministry For Foreign Affairs and Cooperation of Spain
lol.chicago.es@gmail.com

21. 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

22. FAMILY
BEFORE CE78 AFTER CE78
 Matrimonial, Heterosexual and  Different Types of Families:
Monogamist. Matrimonial, No matrimonial,
Heterosexual, Homosexual.
 Absolute Power of the Father.
 Divorce.
 Residual Role of the Mother.
 Non discrimination.
 Matrimonial, Adulterous and
Natural Children: Different Rights  Equality under the Law.
and Status 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

23. 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)

24. 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]

25. 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.

26. 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

27. 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.

28. CITIZENSHIP
LEGAL REGIMES
IUS SOLI IUS SANGUINIS
 Citizenship is determined  Citizenship is established
by the country’s by BLOOD LINES and it is
TERRITORY one is born passed through by the
into. parents to the next
generation.

29. Vecindad, Nationality and
Citizenship
 Interaction of the three
dimensions Vecindad civil
nacionalidad
ciudadanía

30. SPANISH CITIZENSHIP
ORIGINAL DERIVATIVE
 FROM BIRTH  BY NATURALIZATION
 Children born to a Spanish mother  Opcion
or father*  Legal Residency
 Children born in Spain to foreign  Carta de Naturaleza
parents ONLY
» when one parent was also born
in Spain.
» when parents do not transmit
their citizenship.
 Children born in Spain of unknown
parents

31. 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.

32. 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.

33. 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.

34. 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.

35. 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

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. SPANISH NATIONALITY MAY BE LOST/CANCELED
art. 24 y 25 CC. (Ley 36/2002)
Original Citizens (Art. 24) Derivative Citizens(Art. 25)
1. 18 y/o and older who residing 1. When use exclusively former
abroad have voluntarily acquired citizenship.
another nationality.
2. Or use exclusively the other one 1. Army personal or political
which they have since birth or appointees against the express
before emancipation. prohibition of the Spanish
Government.
*Conservation de la nationality

43. 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)

44.  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
lol.chicago.es@gmail.com

45. Working, Living & Retiring Abroad
A starter toolkit to understanding
David Diaz Cueva
Attorney
Sagardoy Abodados Law Firm

46. 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.
 Consulate will issue visa
 Post arrival process: residence permit application

47. Working, Living & Retiring Abroad
A starter toolkit to understanding
Dirk Jan van der Grift
Operations Supervisor
Federal Benefits Unit
U.S. Embassy Madrid

48. 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

49. 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.

50. Types of Social Security Benefits
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

51. Types of Social Security Benefits
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.

52. 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.

53. 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.

54. 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.

55. 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

56. 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?
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.
How Secure is my
Personal information?
We use the most secure technology on the Internet to
keep your information private.

57. The Federal Benefits Unit

58. Working, Living & Retiring Abroad
A starter toolkit to understanding
Question & Answer Period