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Expatriate Section - Living in Spain

Spain - The Country

From the muslim settlers known as The Moors to Christopher Columbus, Franco to the joining of the European Union, Spain is steeped in history.  These were events that have had a profound historical effect and helped to make Spain the country it is today.

 Modern Spain is a devolved autonomy of around 40 million inhabitants and is the second largest country in Europe (France being the largest).  It has a monarchy that was restored in 1975 (King Juan Carlos 1) following the death of General Franco who led the 1936 military revolt against the government.  Franco had governed the country from the end of the three year civil war  that ensued as a result of the military revolt.  In 1981 military resentment against changes within the country led to an attempted coup which was only foiled by King Juan Carlos who managed to persuade most of the military to remain loyal.

The constitution of the country contains five levels of government, there are 17 autonomous regions, each with their own parliament and government and each region is then divided into provinces and then into municipals.  The end result being high levels of bureaucracy.

Spain has been at odds with the British government for many years over the sovereignty of Gibraltar.

Though unemployment is a little higher than some of it's European partners, the economy of Spain is booming and rapidly changing from that of agriculture to semi-industrial and tourism, the latter increasing significantly for more than 30 years.  Main agricultural products include fruit (much of which is exported), wine and olive oil.  In addition the country has the largest fishing fleet in Europe.  There are a number of vehicle manufacturing plants in the country and understandably cars are one of the country's main exports.

The cost of living in Spain, though still lower than some European countries, has risen dramatically in recent years.  Property prices have increased considerably in some areas and some utilities such a telephone usage incur fairly high charges.

One of the most overwhelming attractions of Spain is it's climate and, in particular the Costa Blanca which, it is said, has one of the best climates in the world. On average the Costa Blanca has almost 6 hours of sunshine per day in the winter rising to 11 hours in the summer.  Maximum temperatures can rise from around 18°C in winter to 35°C in summer and, in 2003 temperatures reached a staggering 45°C.  Average rainfall amounts to approximately 14 inches a year - not a lot, but when it rains - it rains.  In April 2002 it rained (a lot).  One newspaper quoted as much as 300 litres of rain per square metre.  It has even been know to snow on the mountains.

Such is the attraction of Spain that many thousands of people have decided to make the country their home.  Here you will find people of all nationalities, living in a diverse choice of properties from traditional Spanish housing to the more modern urbanisations,  some are working for a local or international employer, other running their own business, whilst many simply enjoy a well earned retirement.

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Spanish Culture

The Spanish like to celebrate and, occasionally it seems they like to celebrate anything.  Celebrations are known as fiestas and every fiesta has a distinctive character, charm and ritual.  A fiesta can be a national event or an occasion unique to the locality, but each will almost always involve either a procession, music and dancing, food and wine or indeed all of these ingredients.  Not forgetting of course the fireworks.  One of the most celebrated fiestas on the Costa Blanca is the Moors and Christians at Alcoy (see: http://www.donquijote.org/culture/spain/fiestas/morosycristianos.asp).  

A second important aspect of Spanish culture, though controversial,  is the bullfight.  The bullfight will be advertised in a variety of places.  Bullfights invariably involve blood, injury and the death of several bulls.  When considering whether to go to a bullfight it is worth taking this into account.  Bull running is another well known event.  This is where young bulls are let loose in the streets and squares.  On this occasion you could say the bull gets his revenge as it is not normally the bull that is injured but the runners who don't have a strong enough pair of legs.

The people of Spain are generally very friendly and polite.  The family will normally be strong and could have two or even three generations living in the same house.  On Sunday the entire family could be seen dressed in their best and making their way to their place of worship.  Afterwards many will head for a local restaurant where the family will share a meal.

An experience not to be missed is a visit to a good Spanish tapas bar.  Here you will find a crowded bar (even at 9.30 in the morning).  Within the bar it is quite common to find groups of people all talking at the same time, at the top of their voices, as if competing with each other, a television in the corner that will be largely ignored (unless there is football or a bullfight on), possibly some music playing (full volume of course) and a floor full of napkins and cigarette ends. Meanwhile the owner and members of his family serve generous portions of typical Spanish food and freshly ground coffee. 

Though things are changing the siesta remains an important part of many peoples lives.  The siesta is when most offices, shops and public buildings tend to close.  The timings can vary from town to town or village to village but would normally be for 2 - 3 hours in mid afternoon. 

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Planning your Move

  • Importing Personal and Household Effects

There are generally no restrictions, but anyone who wishes to bring valuable items into Spain temporarily should contact the Spanish Consulate. Other than valuable items brought into Spain temporarily, the only documentation necessary is a list of the items to be imported, and a valid passport. EU citizens do not pay tax on personal and household effects as long as they were not purchased duty free.

  • Transportation of Personal and Household Effects

Always hire a reliable and reputable removal firm. All reputable international removal firms in the UK should be fully aware of Spanish regulations on the transport of personal and household effects and should carry appropriate insurances covering damage and/or loss.  If personal and household effects are to be placed temporarily into storage always ensure adequate insurance is in place and a signed receipt for storage is obtained.

If you are considering bringing personal and household effects to Spain in a privately owned or hired vehicle contact the Spanish Embassy for advice prior to leaving the U.K.  Ensure you have all of the vehicle documentation and equipment in order to comply with the traffic regulations of the countries you are passing through prior to commencement of the journey.  It is also wise to carry adequate breakdown cover.

Further information on removals is available from The British Association of Removers

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NIE

Residents can apply for an NIE (Foreigner Identification No.) at the local Police Station (Comisaría de Policia). You will need to take your passport and a photocopy of the original, together with two passport sized photographs and complete the NIE Application Form. You should be prepared to prove that you are in Spain legally, and show why they want an NIE.

Alternatively you can take a representative (often an Abogado) to the police station with the documents.  Taking a representative can often save time as they are normally experienced in such matters and will have inspected the documents beforehand to ensure everything is in order. Some Police Stations receive many applications so be prepared to wait in a queue. Alternatively you can go to the Spanish Consulate in the UK.

Download an NIE Application Form here.

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Looking for Property in Spain

When it comes to property,  Spain has a wide selection available including apartments, terraced and town houses, village homes, traditional Spanish homes,  unbanisations and even cave houses.  Such is the growth of the property market that new developments are now appearing right across the country.   In recent years the popular choice for many expatriates was a development along one of the coasts, however, more and more properties are now becoming available in-land.  One of the consequences of the popularity of Spain  for expatriates and those wishing to purchase a home is that property prices have risen dramatically over the past few years.  This coupled with fluctuating exchange rates can have a marked effect on the price of any property.  These are issues that require consideration at a very early stage as they can seriously affect the ability to buy a dream home.  

A further subject to consider is the location and type of property to buy.  It is worth considering this aspect of a proposed move carefully at the very early stages as it may prevent considerable regret later.  Many organisations market properties over the Internet, arrange presentations and exhibitions in the U.K., provide brochures and plans of properties and even arrange an inspection visit.  It should also be relatively easy to find information in relation to the local infrastructure such as schooling, work prospects, local facilities, transport and communications etc.  In addition to this site there are a number of  number of other good web-sites providing free information on these topics covering various regions of Spain.  These are good sites for research and the gathering of information as the web-site will be likely to have been written by someone who knows the region well. Some of these sites are listed in our Useful Links section.   In addition there are one or two web-sites that have introduced a "chat-line" service to answer questions.  One such web-site is www.thebritishintorrevieja.com which provides information on the very popular Torrevieja area.

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Renting Property

The Rent Law of 1 January 1995 makes provision for the regulation of rented accommodation.  The law prescribes that rental amounts, contract duration and renewal periods can generally be agreed between the landlord and tenant. It is important a contract and inventory (particularly if the accommodation is to be let together with furnishings) is drawn up between the landlord and tenant.  If the landlord is not prepared to provide a contract showing the address of the rented property a future application for an NIE could be affected.

The tenant has a guarantee of renewal of the contract, if sought, for an initial period of five years with the amount of rent payable normally agreed annually.   Rental increases are normally in line with the Consumer Price Index. Should the tenant decide to terminate the contract at the end of the initial period or at any of the periodical renewals one month's notices must be given.  If the tenant fails to give the required notice, the landlord may be entitled to compensation.

The law also makes provision for a deposit of one month's rent to be payable by the tenant and, in the case of furnished accommodation, the amount of deposit can rise to two months.  Further guarantees can also be negotiated between the landlord and prospective tenant.

Upon the termination of the contract and vacation of  the property, assuming there is no claim on the landlord's part for damages, repairs or renewals,  the landlord returns the deposit to the tenant.

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Buying Property in Spain

Like the U.K., buying a property in Spain if not carried out properly can be a harrowing and potentially an expensive and regrettable experience.  The purchase of property in Spain is subject to different legal procedures than those in the U.K. and it is likely a buyer will not have encountered these.  The British Embassy Consular Services have developed a list of Do's and Don'ts on this subject.  In order to avoid mis-interpretation we have published the advice of The British Consular below: 

 DO

  • Use the services of a reputable local lawyer. Only a lawyer will know all the checks that should be made before parting with money.

  • Remember that you will have to use the services of a Public Notary. The Notary is not acting for you, and will not give advice. He/she is an official of the state whose job is to ensure that all transactions are in the proper form.

  • Remember that the parties to a sale and purchase have to appear in person before the Notary at the same time. If they do not want to appear in person, they can give power of attorney (in the Spanish form) to their lawyer (or anyone else) to represent them.

  • Obtain an estimate of legal fees and disbursements including the fees of the Notary and the Property Registry and for the power of attorney, and confirm who is responsible for payment of the Notary's fees and any capital gains tax which may arise from the sale.

  • Use an estate agent. They will be able to show you a selection of properties in the area of your choice, and have an idea of the value of the property of your choice.

  • Unless you speak fluent Spanish, always have documents translated for you into English by someone you can trust. It is worth the expense of having lengthy documents translated, e.g. title deeds, so that you understand fully what the original documents say and mean.

  • Ask your lawyer to confirm to you into writing that there is no mortgage or other charge or encumbrance registered on the property you are intending to buy, that it is registered in the name of the seller, and that there are no outstanding local taxes or capital gains tax ('plusvalía'). Make sure that all the community payments are up to date. In Spain, blocks of flats and houses form communities and pay a monthly amount which covers communal expenses, e.g. water bills, electricity in communal areas and sometimes central heating. If you buy a property which has these payments outstanding, you will be liable for them as the new owner.


DON'T

  • Think you can buy a property without taking professional advice. If you do you could end up with neither property nor money.

  • Part with any money unless you are absolutely sure what you are getting for it and have received professional confirmation that everything is in order.

  • Rush into what appears to be a bargain where you are offered considerable savings if you act quickly.

Important:  Buying Property in the Valencian Autonomous Community

Further information and advice from the British Consular may be found here.

So who is likely to be involved in any property purchase?  

Properties can be sold either through a development company, agent or privately.  The latter can offer less security as it is possible the seller will not be professionally qualified and fully conversant with the complex process of Spanish property purchase.  Likewise a first-time buyer in Spain is unlikely to be conversant with Spanish law.

The lawyer (abogado) will be your legal representative and is appointed to protect your interests throughout the transaction.  Sara Burgess is an Asesora / Gestora for H R Services, Calle Mostoles 131, Moraira, Alicante, Spain.  Sara wrote a number of articles for the "CB Friday" newspaper and gave permission for articles to be published on the http://costablancaexpats.net/ web-site.  Links to each article are provided below and we would like to thank the publishers of the web-site for permitting us to provide these links.

There are three links relating to property purchase:  http://costablancaexpats.net/pats/sara2.txt, http://costablancaexpats.net/pats/sara3.txt and http://costablancaexpats.net/pats/sara4.txt. In addition a further link is provided which deals specifically with newly built properties:   http://costablancaexpats.net/pats/sara5.txt

The bank will deal with the financial arrangements.  There are a number of U.K. banks with branches and English speaking staff in Spain.  In addition a large number of Spanish banks now have some staff who are English speaking.  Money transferred into Spain can either be arranged through a clearing bank or through a Foreign Exchange organisation.  It is worth checking both as the rates offered by a Foreign Exchange organisation can be better than those offered by some banks.

The Notario plays an important role in the transaction.  He or she will be responsible for the legalisation of many of the documents such as certifying passports, drawing up wills and approving the deeds (escritura) to the property.

Finally you have the Gestor.  The Gestor will deal with the reams of paperwork involved and is a sort of registered intermediary bouncing between government departments whilst assisting the public.  Gestors are highly experienced in Spanish bureaucracy and are an essential ingredient in the property purchase procedure.  You will find the Gestor appears on numerous occasions in this reference material.

As in the U.K. property purchase is not without it's problems.   It is therefore essential that in addition to studying this piece readers should also refer to Buying Property in Spain and Buying Property in the Valencian Autonomous Community.

IMPORTANT:  The banks in Spain operate very differently than those in the U.K. and charges for the most obscure item can be the norm so it is a good idea to keep a close watch on these as they soon mount up.  Additionally, some banks do not take kindly to clients falling into arrears on their mortgage or loans.  As soon as this happens you are likely to receive a "Demora".  This is a financial penalty for being late in paying or in appears.  

If the late payments or arrears continue it is highly likely you will receive further Demoras for the period payments remain in arrears.  After a short period of time the bank could also start charging a daily penalty.  This can be 15-20€ per day.  Subsequently, if you fall into arrears you could find yourself being penalised by 100s of euros each month with the debt still rising.  If this happens and you are unfortunate enough to find you are beginning to experience financial difficulties we strongly recommend you discuss the situation with the bank at the earliest opportunity.

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Timeshare

Most people have heard something about Timeshare Ownership and some may have ventured into it without experiencing any problems, however, timeshare ownership carries a large number of risks and dangers. Timeshare offers should be studied carefully.  Do not allow yourself to become intimidated or cajoled into an offer by an aggressive or pushy salesperson.  Above all do not sign anything unless the agreement contains written provision for a "cooling off" period - and remember, during this period you have the right to change your mind without incurring any penalty.  Further information on timeshare may be found on The Organisation for Timeshare in Europe, Timeshare Consumer Association and Centro Europeo del Consumidor. websites.

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Finance and Investments

  • Banking - Non Residents

Most banks in Spain will permit a non-resident to open a bank account.  You will need a non-resident certificate obtainable from the local Police Station (you will need to present your passport, a copy of the original and will need to complete an application form).  You can also obtain a Debit and Credit Card in the same manner but will have to close the account if you become a resident.

  • Banking - Residents
UK nationals resident in Spain can open a bank account with a residence card.  It is also possible for UK nationals to open a bank account with their passport and an NIE (Foreigner Identification number).
  • Transfer of Capital and Investments

There are no limits to the amount of cash that can be bought into Spain, however if you are carrying more than €6,000 in cash, it must be declared to customs when you enter the country.  By far the safest and most efficient way of transferring capital is through either a bank or one of the International Foreign Exchange organisations.  An International Foreign Exchange organisation can be more beneficial financially because the ‘broker’ will be able to negotiate a higher rate than the normal tourism exchange rate, avoid commission charges and in most cases will pay no transfer charges.  You should bear in mind however that the bank to which the money is being transferred could make a ‘receiving’ charge.  

One such organisation dealing in foreign currency for private clients is Currencies Direct Limited who have offices in the U.K, Costa Blanca, Costa Almeria and on the Costa del Sol.  In order to carry out a transfer you will firstly need to set up an account.  You will also need to set up an account for transfers to be deposited.  As soon as your account is established you are able to arrange transfers.  You can arrange your transfer over the phone.  When your order has been placed you will be faxed a Contract Note detailing your instructions.  You sign and return the Contract Note and arrange payment and the funds are electronically transferred.  You can find Currencies Direct on http://www.currenciesdirect.com/default.aspx?Ref=114 .  Under the special agreements that Currencies Direct have with several Spanish banks any funds transferred through themselves to those banks will be free of receiving charges.

  • Spanish Taxation

Spanish taxation laws are complex and require the attention of those experienced in the subject.  The paper written by Sara Burgess an Asesora / Gestora for H R Services, Calle Mostoles 131, Moraira, Alicante, Spain especially for the Costa Blanca expatriates group explains some of these issues.  Visit http://costablancaexpats.net/pats/taxes.txt

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Insurances

There are a number of companies established in the region who specialise in insurance services for the expatriate community in addition to holiday homes and rented properties, motor and medical insurance.  One such company that specialises in expatriate and holiday home insurance is www.expatinsuranceinspain.com.

If insurance is being taken out on the home the company may request a list of the items to be insured.  You will need to keep a copy.  You may also need to update both lists as new items are purchased.  If possible take photographs of any valuable items.

If renting a furnished or part furnished property it is wise to check with the landlord  if insurance cover is in place for his/her furnishings and if no cover is in place arrange this through the insurance company.  The cost of cover should be reasonable and is likely to outweigh problems that could occur if no cover has been arranged.

Some insurance policies in Spain do not cover some of the things normally covered by insurance in the U.K. For example, 

1.  Your household contents insurance may not cover the loss of valuable and/or important documents in the event of a burglary.

2.  In the event someone walks into your business and distracts the employee(s) whilst a second person steals items belonging to the business you may not be covered as, in Spain,  this type of theft is strangely defined as "pick-pocketing".

3.  In the event of a fire in your home some items that would in the U.K. be covered by the buildings insurance, may be covered on contents insurance in Spain.  Therefore if you do not also have contents insurance you will be unable to make a claim.

4.  Many insurance policies in Spain do not cover accidental damage of contents as standard.  This can be an important element of your policy.  We recommend you ask prior to taking out contents insurance if accidental damage is covered.

The above a just three examples however there are others that relate to a wide range of incidents.  It is important therefore to ensure that when taking out  insurance in Spain whether for buildings, contents, business, car, travel etc. always request the broker is able to define and demonstrate in English exactly what is and is not covered.  If the broker is reluctant or unable to do this we strongly recommend you consult an alternative broker who can.  Alternatively try to use a broker whose policies are written in English, who has an established English speaking help-line and whose policies are underwritten by a respected company such as Lloyds of London. 

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Benefits

There is normally no entitlement to Spanish state benefits to British citizens who take up residency in Spain.  There is however a form of Income Support to help those in need.  The draw-back here though is that making an application for Spanish Income Support could affect your right to residency as this is dependent on the ability to demonstrate that you have sufficient of your own resources in order to live in the country without either being or becoming a burden on the State.

If you are entitled to a British State Pension, Widow's Benefit and a War Disablement Pension you remain entitled whilst resident in Spain.  If you were receiving Mobility, Attendance, Disability, and/or Invalid Care Allowance before 1 June 1992 you may be able to continue receiving payment whilst in Spain.  For further information contact The International Pension Centre.  Income Support and Housing and Council Tax benefits are not transferable to Spain.

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Education

Pre-school is not mandatory in Spain and places can be in short supply in some areas.  All children between the age of 6 and 16 are obliged to attend schooling if their parents are resident in Spain.  Education is free up to 18 years.  Many Spanish schools provide a form of English curriculum and the majority are members of the National Association of British Schools in Spain (NABSS).  The National Association of British Schools in Spain together with The British Council organise periodical inspections of the schools.

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Entry  (See also travel advice from the British Consular)

  • Visitors

British citizens may enter Spain with a valid passport.  Residents should ensure their passport is valid and shows next-of-kin details on the back page. They should keep their family informed of their address in Spain at all times.

  • Residency

This section contains the advice of the British Consular.      

The process of becoming resident in Spain has been simplified as much as possible, and it now involves less paperwork and time. However it is strongly advisable that new residents complete all the required procedures when registering, opening a bank account, obtaining medical cover and registering cars and driving licences. This is likely to save them an enormous amount of time and trouble when dealing with other aspects of the bureaucracy.

Many people - including Spanish nationals - find that using the services of a 'Gestor' is the best way to cope with paperwork. The 'Gestor' is not a lawyer as such but will produce the final result with minimum stress, usually for a reasonable fee. New residents can do most of the work themselves, but if they have little time, do not speak fluent Spanish, or are confused by the Spanish administration system, the 'Gestor' can be useful.

However, 'Gestores' do not produce immediate results and residents should always obtain an estimate of costs before engaging their services. It is not uncommon for the 'Gestor' to require a down payment to cover the whole fee.

It is obligatory to enter on the municipal register (padrón municipal), a list of residents, at your local town hall once you have become resident.

  • Who Doesn't Need a Resident's Card

UK nationals who are Employees, Self-employed, Students. EU national dependants of an EU or Spanish national or pensioners who have worked in Spain and receive their pension from the Spanish Social Security system no longer need to hold a residence card, and can live in Spain with a valid passport. (Dependants who are non-EU nationals still require a residence card).

  • Who Does Need a resident's Card

Pensioners who have retired to Spain, people of independent means and non-EU national dependants of an EU or Spanish national, are still required to apply for a residence card.

They must apply for one of the following two types of card:

Temporary residence card: intended stay of more than three months but less than one year.

Ordinary residence card: intended stay of more than one year with a maximum validity of five years and renewable.

  • Applying for a Residence card

All those who wish to apply should submit the application form, available from the nearest Oficina de Extranjeros, to the local Provincial Police Station (Comisaría de Policía) or Foreigner's Office (Oficina de Extranjeros). In Madrid this is at C/General Pardiñas 90, along with three passport size photographs, their passport and a photocopy of the original. The issue of a card is at the discretion of the Spanish authorities.

Further information is available from the Ministry of the Interior, Tel: 900 150 000

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Living in Spain

  • Birth & Death Registration

All registrations of births and deaths of British Citizens and British Dependent Territories citizens occurring in Spain (including the Balearic and Canary Islands) and the Principality of Andorra are made at  The Consulate-General in Madrid. Applications may also be submitted via other Consulates in Spain

For further information, please telephone 91 524 97 00 from 8.00 to 16.00 hrs (8.00 to 14.00 in the summer) and ask for information on Births & Deaths registration.

N.B. There is no provision for registering adopted children or Spanish marriages at British Consulates.

  • Marriage

Marriages can be performed in Spain for people over the age of 18 in both civil and religious ceremonies.  These include Roman Catholic, Protestant, Jewish and Muslim, but whilst the laws provides for other nationalities to marry in Spain it is normally necessary for at least one of the couple to have been legally resident in Spain for a minimum of two years.  The paperwork is considerable and, in both civil and religious marriage, is complicated and would probably require a Gestor to assist with the application.  Those proposing marriage should allow sufficient time between the application and the intended date of marriage.  Where a couple find they are unable to marry in Spain a different venue could be considered, such as Gibraltar which may prove to be a suitable alternative.

  • Religious Marriages

Requirements for religious marriages vary according to the denomination and area in which an applicant lives, and applicants will be asked for a variety of documents.

Religious marriages as recognised as legal under Spanish law, but to obtain an official marriage certificate, and for it to be legal under UK law, marriage must subsequently be registered with the local civil authorities. Therefore, it is important to confirm that the officiator of the marriage is licensed to marry and to establish arrangements for civil registration.

  • Civil Marriages

An application for civil marriage is made to the Civil Registry or District Court in the place where it is proposed the marriage will be performed.

If one of the parties is resident in the UK, and intends to come to Spain shortly before the ceremony, they should contact the Spanish Consulate General in London for information.

It is feasible to commence the application process in the U.K., but it is likely to take months to complete the process. If proof of UK residence is necessary, a letter can be obtained from the local Electoral Registration office, stating that the applicant is on the electoral register for that year.

If the applicant who is resident in the UK is required to produce a Certificate of No Impediment, notice of marriage can be displayed in their local town hall and a Superintendent Registrar can issue a Certificate of No Impediment. This will then have to be exchanged for the Spanish equivalent at the nearest British Consulate in Spain.  A fee will be payable.

  • Documentation Required Before a Marriage Can Take Place

The system of marriage is further complicated because the documentation required varies between the different types of marriage and the area of Spain in which the marriage is to be performed.  When planning a marriage any or all of the following documentation will be required:

  • Both parties birth certificates (this must be the full original)
  • A sworn Spanish translation of the birth certificate which must be authenticated by the Spanish Foreign Ministry and should have the Hague Apostille affixed
  • A Certificate of residence (Certificado de Empadronamiento) in Spain, available from the town hall.  This should prove a minimum of two years residence.
  • A marriage and divorce/annulment/death certificate, if either applicant has been married previously.
  • Proof both parties are free to marry. This can take various forms, such as a statement by both sets of parents or a Consular Certificate of No Impediment to marriage. This can only be issued after a notice of intention to marry is published on a Consular notice board for a clear twenty-one days. The notice must be sworn by the applicant, and can only be accepted if the applicant declares that they have been residing for a clear twenty-one day period in the area where the notice is displayed.
  • A Consular Registration certificate
  • A residence card or passport
  • A baptismal certificate, for Catholic marriages.
  • An application form, for civil marriages, available from the civil registry or www.mju.es/registro_civil/c_matrimonio.htm.

(Still feel like getting married?)

  • Wills

It is advisable to seek legal advice on will writing.  Not only to ensure all of your requirements are adequately covered but also because Spanish law on inheritance and taxation is vastly different to that of the U.K.  It may be beneficial to employ the services of an English speaking lawyer in Spain.  The British Consul has a list that may help.

  • Death

The death of British Citizens and British Dependent Territories citizens occurring in Spain (including the Balearic and Canary Islands) and the Principality of Andorra are reported to The Consulate-GeneralIn the event of death The Consulate-General can ask the Foreign and Commonwealth Office to contact next-of-kin, and give advice about arrangements for the burial or the repatriation of the remains.

Further information on this subject including funeral arrangements, inquests, registration and funeral directors may be found here.

·         Divorce

If you are an ‘ex-pat’ living and working overseas, you may have been separated for a number of years, but have always believed that you had to be resident in the UK in order to get a divorce.

Yes, you have to be ‘domiciled’* in the UK but, provided you were married in England and Wales (or Scotland in some cases) you can usually obtain a Decree of divorce via the UK Courts. There is a minefield of legislation, both English and EU laws and Regulations that have to be taken into account. It is possible however, with the right advice to obtain a divorce by post and e-mail, without even having to fly back to the UK.

 

There are solicitors based in the U.K. who can advise on the legal requirements of such a complex issue.  One such company can be found at http://www.divorce-lawfirm.co.uk/expatdivorce.asp.

  • English Speaking Clubs

There are a number of English speaking clubs across the region.  Organisers details can normally be found in English language newspapers such as the Costa Blanca News.

  • Learning the Spanish Language

If you are thinking of learning the Spanish language the following books may be of assistance:

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Health

The links provided below contain details of Spain's approach to healthcare, the main objectives and guidance.  The links are to the Ministerio De Sanidad Y Consumo (Department of Health and Consumption).  Unfortunately these documents are in Spanish so a good command of the language or a P.C. translator is necessary.

  • The Protection of the Health

During the infancy    During the adolescence and youth    In the adult age    In the greater    If you are woman    

For all the citizens    National plan On Drugs

  • Health, Environment and Work

Environment   Quality of the water    Physical agents    Chemical products    Biological agents    Labor health

  • Professional Information

Professional activity    Sanitary formation Specialized    Extraordinary process Consolidation Employment

Sanitary institute of Information    Accounts receivable of Services    Observatory of the SNS

Agency of Quality    Pharmacy    Prevention and Promotion    Exterior health    Journalism Health

Environmental health and Labor Health    National organization of Transplants    Library and Publications

  • Illnesses and Wounds

Transmissible illnesses    Not transmissible illnesses    Accidents and wounds    Mental health    Violence and health

N.B. If you are running on Windows 2000, Windows 98, Windows ME, Windows NT, Windows XP you should be able to download a translator from here.

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Health Cover and Insurance

  • Who is not Entitled to health Care

You do not qualify for Spanish State health care or NHS treatment in England if you are a long - term resident in Spain and:

  • Not a pensioner
  • Not employed
  • Not officially resident

If you are not living in the U.K. you cannot use a E111 to obtain health care in Spain.

If you are not legally resident in Spain or the U.K. there is no automatic right to health care in either country.  However you may be able to receive emergency health care whilst visiting.  You may also receive emergency health care in the U.K. as a Spanish resident whilst visiting the U.K.

  • People in Employment

If you are working in Spain you should paying into the Spanish Social Security system and, as such, would be covered for Spanish national Health care.  As with a U.K. employer contributions are deducted at source from your pay and any deductions would be shown on your pay-slip.  A social security is obtained, often this can be done through your employer and a social security number card can be obtained from the local Tesorería de Seguridad Social.

If medical treatment is required the social security number card should be presented.  You will need to complete a form and the completed form together with your social security number card will entitle you to receive a medical card (tarjeta sanitaria) for ordinary health treatment.  If you illness is work related you will be entitled to free medicines.  If you are prescribed medicines for any other reason you will be required to pay 40% of the cost.

If you are self employed you should take you NIE or residence card and your Alta Fiscal (obtainable from the Head Tax Office (Hacienda)) to the office of the Tesorería de Seguridad Social.  You should request a Alta de Autónomo and the Inscripción en la Seguridad Social.  You will then obtain a social security number card.  The social security number card will entitle you to a health card (tarjeta sanitaria).  With the health card you are entitled to medical care.

  • Working for a U.K. Employer

Working for a U.K. employer in Spain entitles you to form E128.  This is valid for up to a year provided you and your employer continue to pay U.K. National Insurance contributions.  The Department of Social Security can confirm contributions are being maintained.  Provided contributions are being maintained both you and your dependents are entitled to treatment by using the E128.  If however you visit another European Union country you will need to use an E111 (available from post offices in the U.K.).  

The use of an E111 only entitles you to emergency treatment.

Should you be required to remain in Spain longer than 12 months, provided the Spanish insurance authorities agree, you will be permitted to continue in the U.K. scheme for up to a further period of up to12 months.

  • Pensioners

If you receive an Old Age Pension or a Disability Pension and live in Spain you are entitled to receive free medical treatment in Spain.

You should obtain form E121* (available from the DSS offices in the U.K.) and take this together with your residence card and passport to your local Oficina del Instituto Nacional de Seguridad Social (INSS).  You will be issued a "tarjeta de afiliación" and assigned to an outpatients clinic and doctor.  You will receive prescribed medicines free of charge.

If you are on early retirement you should talk to your local DSS office before moving to Spain.  You may be entitled to medical cover under form E106.

* You must apply for your residence card before registering your E121.

Privately run residential homes can be expensive but offer a variety of treatment from residence to full nursing care.

  • Independent Means

Those of independent means should be entitled to healthcare.  You will need to produce your residence card.  Such persons will need to obtain a health card from Tesorería de Seguridad Social.

  • Students

If you study in Spain, provided it is part of a U.K. recognised course you are entitled to form E128.  This is valid for two years.  With the E128 you, and any dependents, are entitled to receive treatment for any condition whilst studying.  If you are a student working in Spain and the work relates specifically to the course you are studying you are entitled to form E128.  There are conditions attached to the E128 which include non compulsory elements of a course.  Such elements can affect your entitlement and/or the duration of entitlement.  The National Insurance Contributions Office in the U.K. (tele: 0845 915 4811) can provide further advice.

It is advisable that anyone planning residence in Spain take out private health cover (medical insurance), that will cover medical and dental treatment and the cost of repatriation.  There are many organisations offering insurance both in the U.K. and in Spain.

If you receive private health treatment in Spain and have no private health cover you will be expected to pay at the time you receive treatment.

  • Visitors to Spain

UK residents are entitled to emergency health treatment whilst on short-term visits to Spain, provided they can produce either a valid E-111 form (until the end of December 2005), or a European Health Insurance Card (EHIC) each time they seek treatment from a Spanish National Health hospital or doctor. Dental care, other than emergency tooth extraction, is not covered.

As of 1st September 2005, the EHIC has replaced the E-111 and several other health care forms. The EHIC can be obtained online at www.dh.gov.uk/travellers or by calling (from outside the UK) 0044 191 203 5555. It is issued free of charge.

Private hospitals or doctors will not accept the EHIC. The treatment UK residents receive on temporary visits to Spain is equivalent to that received by Spanish nationals, and may vary from that offered in the UK. Repatriation due to illness is not covered by reciprocal agreements and private insurance is strongly recommended to cover such costs or to provide a choice of clinics or doctors

The EHIC is not valid for private health care (see Private Health Cover)

  • Returning to the U.K.

If you decide to return to live in the U.K. and require long - term health care you should make the necessary arrangements before leaving Spain.  Entitlement depends on you being ordinarily resident in the U.K. and previous National Insurance contributions into the U.K. system do not count.

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Driving in Spain

See also the European Motoring Advisor from the RAC:

For information on motorcycles and mopeds written by Sara Burgess an Asesora / Gestora for H R Services, Calle Mostoles 131, Moraira, Alicante, Spain especially for the Costa Blanca expatriates group visit http://costablancaexpats.net/pats/motorcyclesandmopeds.txt

  • Importing and Registering your Car

If you are visiting Spain you can bring your car with you.  You may not use it however for more than six months, after which you are considered a resident of Spain.

If you become a resident of Spain you must obtain full national plates and pay the "Impuesto Especial" 12% of the car's value.  If you import a car you must register it with the local authorities and obtain Spanish number plates.  The procedures are very complex and take time so the services of a Gestor who is familiar with the procedures would be beneficial.  Further information may be obtained from the Real Automóvil Club de España or the Directorate-General of Customs in Madrid (tele: 0034 - 91 553 02 00).  

When you import your car to Spain you should surrender the U.K. registration document (the V5) for the vehicle to the Driver Vehicle Licencing Agency (DVLA).  You should complete Section C to show the intended date of export from the U.K.  In place of the V5 you will receive a Certificate of Permanent Export (V561) as confirmation of your vehicle's registration.  You will need the V561 to present to the authorities in Spain.

You may need to make some adjustments to the vehicle to comply with Spanish driving regulations.  Spanish MOT centres (known in Spain as ITV centres) can provide assistance and should be able to make any adjustments.

Important:  See Other Requirements

  • Purchasing a Car in Spain

The purchase of a new car in Spain is subject to IVA (the Spanish Equivalent to VAT), the current rate is 16%.  This is payable the first time a car is bought and registered. When you sell the car on in Spain, you are required to pay 4% transfer tax.  This is known as the Impuesto de Transmisiones.

  • Driving Licence

If you are the holder of a U.K. driving licence it is valid for us in Spain.  If you become resident in Spain you are permitted to exchange your licence for a Spanish version.  You will need to complete an application form and present at the nearest Dirección Provincial de Tráfico.  In addition to the application form you will need to present proof of identity (NIE or Resident´s Card), a sworn declaration, the original and a copy of the licence and two passport sized photographs.  You will also need to provide proof of residence in the country that gave you the original licence (residence must have been for a minimum period of six months) and evidence that all duties have been paid in full.  The services of a Gestor may be useful to ensure the exchange takes place smoothly.

  • Insurance

Spanish insurance regulations are quite different to those in the UK. For example, some insurance companies will not provide comprehensive insurance cover for vehicles over 10 years old and if, following a road accident, the vehicle is declared a write off, the insurance company will only pay a percentage of the vehicle's value - regardless of any fully comprehensive cover that may be in force.

Breakdown cover is essential in Spain and in some cases this is built into the cost of the insurance, in others you will be expected to pay extra.  It is important therefore to establish when you take out the cover exactly what the policy provides.

  • ITV

Road worthiness certificates are required for older vehicles.  These are obtained when the vehicle is tested at the ITV centre.  When the vehicle passes it's ITV the testing centre will affix a sticker to the windscreen of the vehicle.  The sticker contains a unique number and confirms the vehicle's road worthiness on the day it was tested.  Despite the presence of the windscreen sticker it is essential the car is kept in a roadworthy condition.  Police and/or Guardia Civil inspections of vehicles and documentation at the road-side are common in Spain.

  • Drink Driving in Spain

The penalties for drink driving in Spain are strict.  If you are a drunk driver involved in a road traffic accident - Get a Lawyer quick.  For details of the penalties for drink driving see: http://www.marbella-lawyers.com/index/articles/showArticle/8

  • Other Requirements

The tightening of Traffic Regulations require that the following items be kept in the vehicle:
  • Set of bulbs and tools necessary to replace them
  • Two warning triangles - officially approved by the Ministerio del Interior, bearing a round symbol E9 and the code 27R03
  • Spare tyre and the tools necessary to replace it
  • A reflective jacket
  • A spare pair of glasses (for those who wear spectacles to drive)

A fine is payable if these are not carried.

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Working in Spain

  • Professional Resources

All U.K. nationals have the right to live and work in Spain without a work permit. U.K. nationals working in Spain have the same rights as Spanish nationals with regard to pay, working conditions,  vocational training and trade union membership. A full UK passport is essential if you plan to work in Spain.

Jobcentre Plus has been set up to assist those seeking employment in Spain.  In addition there are number of recognised Employment Agencies in the larger towns and cities though you may have difficulty finding someone able to speak English in some of them.  

Click here for further information from Jobcentre Plus

  • Looking for a Job

There are a number of newspapers advertising jobs in English, though as many people will confirm, the ability to speak Spanish is a distinct advantage.

Spanish unemployment benefit is not available to U.K. nationals so you will be expected to support yourself whilst looking for work.  If you are planning to live and work in Spain one or two exploratory visits to the area in which you intend to settle may be of benefit.

Advertise your availability for work on the www.costablancalive.info website free.  Click here for further information

  • Financial & Legal Considerations

Like the U.K. Spain has a minimum wage and this is set by the Spanish government on an annual basis.  In addition a large number of sectors have collective pay agreements in place.  Many organisations have introduced the practice referred to as "pagas extraordinarias", this is where employers make as many as three additional payrolls each year.  A "pagas extraordinaria" would generally be made at Christmas and in time for the summer holidays when many businesses close down.

Contracts are drawn up, often with the assistance of a Gestor.  A contract can be for either an indefinite of fixed term and will depend on the type of work.  If no fixed term is stipulated it is assumed the contract will be for an indefinate term.  It will also assume full time working unless stipulated otherwise.

The working week is normally 40 hours though you may be expected to work this in split shifts to accommodate the "siesta period" when many businesses close for two or three hours in the afternoon.  In the larger cities the "siesta" is gradually being replaced by an hour for lunch and an earlier finish.

It is not mandatory to work overtime and, if this is worked, the maximum permitted is 80 hours per year.  There is also legislation providing for the amount of pay for working overtime.  This is currently set at no less than 100% of the normal hourly rate.

Other entitlements include:

  • 30 days annual leave entitlement which includes the intervening Saturday and Sunday
  • 12 days public (bank) holidays
  • 2 days (regional) public holidays
  • 16 weeks maternity pay
  • 15 days paid leave for marriage

It is a requirement that, where a business has 50 or more employees, there must be a form of workforce representation.  This can either be through trade union representation or a workforce cooperative.

All businesses with 50 or more employees are required to have some form of workforce representation.

If you are offered employment and provided with a contract, check carefully the terms and conditions of employment (including disciplinary procedures and performance conditions). Make sure you fully understand what is written in the contract before signing it. The employer may provide you with a copy in English, otherwise you may need to seek help with translation. Check the method and frequency of your pay. Also ask about relocation expenses and accommodation arrangements and whether you will get help with costs and what conditions apply. You are likely to be paid directly into a bank so find out what documentation is needed to open an account as soon as possible (see Finance and Investments)

  • Employment trends

There is a high level of unemployment in parts of Spain, and it can difficult for foreigners to find employment particularly if you are unable to speak Spanish. 

It is possible to find temporary and seasonal work particularly in shops, restaurants and bars.  Demand for additional employees in this type of work is higher during the holiday season though often pay rates are fairly low. 

  • C.V.s

A draft Curriculum Vitae (CV) outlining your work experience and achievements will help in your search for work but, when sending it to a prospective employer, always ensure it's content matches the employer's specific requirements.  Employers have a knack of identifying when a C.V. is a "general" document that has been sent to a number of businesses.

  • Qualifications

If you are relying on professional qualifications attained in the U.K. to assist you in finding a employment you should determine if your qualifications are recognised in Spain.  The National Academic Recognition Information Centre (NARIC) and The European Commission can provide advice on the mutual recognition of qualifications.  It is best to do this before leaving the U.K. as in some cases it may take some time to establish mutual recognition.

  • Interview Preparation

Whether in the U.K. or Spain one of the most common reasons for failing to get that job is not normally a lack of experience and/or qualifications (these issues would have been dealt with by the prospective employer prior to interview) but failure to prepare for the interview.  This is the only opportunity you will have to impress and, what the prospective employer sees and hears within the first few minutes of the interview,  is likely to affect the outcome of the interview.

It is essential therefore that adequate preparation is undertaken prior to interview.  Take time out to research the company.  Many company's now feature on the Internet and some advertise their services in the local press.  If you cannot find anything do not be afraid to ask the company to provide information - often they will be impressed.  Practice you interview technique, this is particularly important if you are not used to attending an interview or have been away from the work-place for some time.

What you wear and how you look when you attend the interview is important because this helps the prospective employer to "form that initial impression".  Make sure what you wear is appropriate - it is not uncommon in Spain for both men and women to wear fashionable suits.  Allow plenty of time for the journey to the interview.  It's better to arrive a few minutes early than late and flustered.  The initial hand-shake should be firm - but not so firm as to cause discomfort and be sure to look the interviewer(s) in the eye.  Unless indicated otherwise address those present by their surname.  If you are presenting documents such as references try to provide two copies - one in Spanish, the other in English.

The initial interview will often last less than half an hour.  If this occurs do not become despondent and feel you have failed to make the right impression.  The interview will normally have been well planned and it's objective will have been to give you a brief overview of the company and the prospective employer an opportunity to meet and form an impression of you.  All interviewees will have been allotted a similar period of time.

During the interview try to stay relaxed but be enthusiastic.  Highlight, but do not boast about previous achievements and above all be honest.  Always ask a few questions (these could have been prepared earlier as a result of your preparation).  At the end of the interview thank the interviewer(s) for seeing you and express your interest in the position.  

If you are invited to attend a second interview this will be because the prospective employer will have drawn up a "short list" of perhaps 3 to 5 candidates.  It is likely the employer will make his/her final decision based upon the results of this interview.  The interview could be of a similar duration or the employer may have allotted more time to each candidate. Whatever the time allocated the interview is likely to be more in-depth than the initial one.  It is important therefore to ensure you follow the same preparatory steps you took for the initial interview - after all, it is likely that preparation led to the second interview.

  • Self Employment

If you plan to set up a business you will need to apply for the necessary documentation and the business will need to be registered.  You will also need an NIE or residency.  You will have to be prepared to present your business proposals and details of the premises from which you wish to operate.  If renting or purchasing business premises, these will have to be registered with the Local Authority.  It is essential to take legal advice in order to comply with the law, understand the regulations and enjoy some of the tax benefits.

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The law in Spain

  • Legal proceedings

This section is not designed to be an all-embracing guide to Spanish law and it's complexities but is provided to give an overview of the procedures if a person is arrested, the role of the British Consulate, communications (in particular for non-Spanish speaking persons) and Legal Aid.  For a more in-depth look at Spanish Law, David Searle's book entitled You and the Law in Spain:  The Complete and Readable Guide to Spanish Law for Foreigners: 2003 is available through Amazon.  The latest version also incorporates a Spanish Property Guide.  Click here for further details.  You and the Law in Spain: The Complete...

If you are Arrested

The arrest of a British citizen must be reported to the nearest British Consulate immediately.  If you are arrested If you are arrested The Consulate-General can visit you in custody wit