ACM PPT Working, Living, & Retiring Abroad


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ACM PPT Working, Living, & Retiring Abroad

  1. 1. Working, Living & Retiring Abroad A starter toolkit to understandingPresentation host: The American Club of Madrid
  2. 2. Working, Living & Retiring Abroad A starter toolkit to understandingLaura Fernandez- Canillas BecerroAttorneySagardoy Abodados Law Firm
  3. 3. 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
  4. 4. 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
  5. 5. 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.
  6. 6. 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
  7. 7. 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
  8. 8. Working, Living & Retiring Abroad A starter toolkit to understandingPresentation host: The American Club of Madrid
  9. 9. Working, Living & Retiring Abroad A starter toolkit to understandingChristine FaganAmerican Citizen Services Chief & ConsulU.S. Embassy Madrid
  10. 10. 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 This ensures you receive our messages and that we have your information if there is an emergency or crisis.
  11. 11. 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.
  12. 12. 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 • 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.
  13. 13. 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.
  14. 14. 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.
  15. 15. 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
  16. 16. 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
  17. 17. 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.
  18. 18. 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. • or email
  19. 19. Working, Living & Retiring Abroad A starter toolkit to understandingLaura Ortega-LamelaJ.D. MA. Diplomacy & Int’l Relations,Ministry For Foreign Affairs and Cooperation of
  21. 21. FAMILYBEFORE 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
  22. 22. 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)
  23. 23. 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]
  24. 24. 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.
  25. 25. 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
  26. 26. 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.
  27. 27. 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.
  28. 28. Vecindad, Nationality andCitizenship Interaction of the three dimensions Vecindad civil nacionalidad ciudadanía
  29. 29. 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 bornin Spain. » when parents do not transmittheir citizenship. Children born in Spain of unknown parents
  30. 30. 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 wasborn in Spain. » Children subjected to the custody orguardianship of a Spanish citizen. » Art. 17.2 y 19.2 C.c.
  31. 31. 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.
  32. 32. TIME REQUIREMENTS General Rule: right to opt expires when child turns 20 y/o. Exceptions: » two years after his emancipation / majority of age accordingto his national law. » two years after the incapacitated recuperates. » No time limitations for the children of an original Spanish citizenborn in Spain.
  33. 33. 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.
  34. 34. 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
  35. 35. 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.
  36. 36. 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 forcitizenship.- » 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.
  37. 37. 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.
  38. 38. DUAL CITIZENSHIP One person with two citizenships: » from birth: the laws of two different countriesawarded citizenship simultaneously » after birth: one person acquired a differentcitizenship by means of naturalization without loosing hisoriginal one.
  39. 39. Art. 11.3 CE78 Dual citizenship regulated by the Law: » Spain may concert dual citizenship agreements with LatinAmerican countries or any other countries with which Spain hasspecial ties. » Spanish nationals may naturalized from said countrieswithout loosing their original Spanish citizenship. » Citizenships that coexist with a EU member State.
  40. 40. 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. 11.3CE78. » Unknown citizenship = actual Residence.
  41. 41. 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
  42. 42. 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)
  43. 43.  This presentation is for informational purposes only and not intended to be legal advice. Every persons 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
  44. 44. Working, Living & Retiring Abroad A starter toolkit to understandingDavid Diaz CuevaAttorneySagardoy Abodados Law Firm
  45. 45. 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
  46. 46. Working, Living & Retiring Abroad A starter toolkit to understandingDirk Jan van der GriftOperations SupervisorFederal Benefits UnitU.S. Embassy Madrid
  47. 47. 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
  48. 48. Types of Social Security BenefitsRetirement 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.
  49. 49. Types of Social Security BenefitsSurvivor 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
  50. 50. Types of Social Security BenefitsDisability 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.
  51. 51. Totalization BenefitsAgreement between the U.S. and SpainIf you have Social Security credits in both the United States and Spain, you may beeligible for benefits from one or both countries. If you meet all the basicrequirements under one country’s system, you will get a regular benefit from thatcountry. If you don’t meet the basic requirements, the agreement may help youqualify 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.
  52. 52. Medicare ( 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.
  53. 53. Parts of Medicare ( 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.
  54. 54. 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.
  55. 55. How to File an Application Retire Online – It’s So Easy Applying for Social Security retirement benefits is easier than ever. Boldly go to 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.
  56. 56. The Federal Benefits Unit
  57. 57. Working, Living & Retiring Abroad A starter toolkit to understandingQuestion & Answer Period