When moving home to a country such
as Spain from a non-Spanish speaking country there are a number
of pitfalls that can easily be avoided when you know what to look
out for in advance. Many people have come to grief by falling into
the many traps that could be easily avoided with prior knowledge
and found themselves in the unenviable situation of having to return
to the country they first came from. This is demoralizing and in
most cases completely avoidable by taking some common sense steps
in advance. We'll look at some of the ways you can make the
transition to your new home as trouble-free as possible, by pointing
out some of the commonly made mistakes and easily avoided pitfalls
encountered by failed immigrants.
The first pitfall that people
from non-EC (European Community) countries fall into is thinking
that they can legally settle in Spain simply by buying a property
or business there. This is usually not the case and many people
from around the world who try to settle in Spain hit a wall of bureaucracy
that ultimately ends in their having to leave the country. It is,
therefore of paramount importance to check with the appropriate
government department in your home country whether you will be allowed
to settle in Spain before making any arrangements for travel or
purchase of property there.
On the other hand, citizens of EC
countries now have the freedom to travel to, settle and work in
any other EC country. This has effectively brought down the borders
between EC countries by allowing freedom of travel between member
states. For instance, an English family has the right to travel
to Spain, buy a house and start a business or work for a Spanish
registered company completely legally. The only restrictions are
that any relevant paperwork be completed to the satisfaction of
the local Spanish bureaucratic departments.
This includes applying for and obtaining
a Spanish National Insurance Number (NIE) before you can
legally buy property or work for a company or set up in business.
This is a relatively simple process which involves filling in and
submitting several forms with sight of your passport from your main
country of residence. The local government office (known as the
"ayuntamiento") will handle this for you. This process
may cost you two or more mornings queuing in the relevant office
to obtain these papers, but will enable you to avoid the pitfalls
of not taking this important step. Once you are in possession of
your NIE, you are then free to go ahead with the purchase of property
and to legally commence gainful employment.
The next step is to apply for both
a Spanish residence card (Residencia) and a social security
card. The former is not a requirement, but does have several advantages.
One of these is that holding a "residencia" will reduce
the amount of annual property tax you will have to pay. A social
security card is normally applied for by the company that you will
work for, so you don't necessarily have to do this yourself.
This enables your company to pay your social security contributions
so that should you find yourself out of work in the future, you
are entitled to finite social security payments up to a maximum
of two years. Holding a social security card also give you access
to the state free medical system and enable you to enroll
with a state doctor.
It is advisable to arrange for
private medical insurance, as although the state medical system
is adequate, the level of waiting time for certain operations or
treatments can be erratic or lengthy and you will avoid the pitfalls
of relying on the state. In any case, you will still need to be
registered with a state doctor for certain referrals in the private
sector.
When buying property in Spain,
it is essential to employ the services of a Spanish lawyer who specializes
in real estate. If you cannot speak fluent Spanish, it is also recommended
that you find a lawyer who speaks English (or your own language).
Better if you can find one who has been recommended by a trusted
friend or acquaintance. The importance of this cannot be stressed
strongly enough. In Spain, the property laws are different to those
in other countries and foreigners have been caught out many times
in the past by real estate agents who claim to be able to act in
this respect.
By Spanish law, when a property
is sold any debts incurred on that property are automatically
transferred to the new owners. It is incumbent on the vendor to
come clean about any debts, but this often doesn't happen.
Only a Spanish Lawyer specializing in real estate has the knowledge
to be able to make the necessary checks with all banks and financial
institutions to reveal any outstanding debts that may be present
on a property. If these checks are not done, you could end up buying
a property that has extensive debts racked up on it. Sums of several
thousands euros is not uncommon, with the new owners liable to pay
these debts and their ever climbing accrued interest to the financial
bodies concerned. So by taking this step you will avoid this costly
pitfall.
A good property lawyer will
uncover these debts before any paperwork is signed, giving both
parties the chance to enter some agreement as to the payment of
any debts in advance of the purchase becoming final.
The same goes for the purchase of
land, business premises, automobiles, boats and yachts. The types
of debts these can accrue range from unpaid parking fines to unpaid
service charges etc.
These are just some of the common
pitfalls that can so easily be avoided when moving to Spain for
any length of time, or even permanently. Most are simply common
sense measures that are not difficult to put into practice, but
which can save you a lot of time, money and ultimately heartache
by avoiding them and going about things the right way. Having avoided
the most problematic pitfalls, the vast majority of ex-patriots
are living happily in Spain, their newly adopted country
of residence having settled down to a comfortable life in this wonderful
country.
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