ADMINISTRATIVE ASSISTANCE FOR EXPATS EITHER IN BARCELONA OR IN THE REST OF SPAIN

• • • Which are the initial necessary documents to live in Barcelona (As well as in the rest of Spain) being a citizen coming from a European Union Country? EU citizens need, at the very beginning, at least a “White NIE”, which is a pure NIE number assignment, that doesn’t prove your residence in Spain and doesn’t allow you to make several administrative processes but still is useful for several needs. The ideal NIE is the one on a green card, called “Certificado de Registro de Ciudadano de la UE”, which officially proves your residence in Spain, and is the document that is especially useful for UK Citizens in order to get the Spanish residence before Brexit. Obviously either for the “White NIE” or for the “Green NIE” you will need to comply with several requirements according to the Spanish immigration law.
    • Together with a NIE assignation you will need to register in the Social Security (“Seguridad Social”), asking for a Social Security Register number (“Numero de Afiliacion a la Seguridad Social”).
    • The “empadronamiento” or “Certificado de pardon” is another very important document which will allow you, for example, to register in the National Health System and request the Healt Card (“Tarjeta sanitaria”) that will grant you a public health coverage plus a doctor will be assigned to you. The “Empadronamiento” is a document issued by the City Council which proves your domicile, wherever you are in Spain.

     

     

    • What is the NIE? N.I.E. stands for Numero de Identificacion del Extranjero, which means Foreigner Identification Number, and is a unique, no changeable and personal number that identifies all the foreign citizens, either from EU Countries or from Non-EU Countries, and is the ID that, together with your passport or national ID, must be showed in any public administration office (Like Agencia Tributaria – Tax Office) as well as will be used in order to sign any kind of contract.

     

     

    • What is the “Seguridad Social”? The Seguridad is the Social Security system, and works exactly in the same way as well as the Social Security of the other countries. That’s mandatory to register in the Spanish Social Security if you want to get a job, either as employee or as self-employee. Also, you must know that that your national social security contributions you paid during your life in your own Country (Only in a EU one) can be “exported” to the Spanish Social Security, and vice-versa, which means that all the contributions paid in Spain can be imported to your Country when you leave Spain. The same system works for pensions.

     

    • Which documents do you need to work in Barcelona, as well as in the rest of Spain? The main documents to work as an employee are, at the beginning, a formal letter (Written by a Company) which contains an offer of employment, or a so called “pre-contrato laboral”, a draft of a working contract; if you want to work as self-employee you will first need a NIE and register yourself either at the Tax Office or at the Social Security. Either for the NIE or for medical needs is always highly recommendable a private health insurance (The average cost in Spain is Eur 60 per month), if you already have one in your Country you will need to have it translated in Spanish by a sword translator

     

    • What else do you need? In case of a long-term (More than 6 months) or a permanent residence you will absolutely need (Specially if you move to Spain for working reasons) a Spanish bank account, the conversion of your foreign plate number (If you want to bring your vehicle) or the driving licence conversion, as well as a “Certificado digital” (“Digital certificate”), which is an electronic key that you can install on any kind of device (Mobile, Tablet, PC) and will allow you to make a lot of administrative processes online, without any needs to personally go to the public office, as well as electronically sign several documents. The “Digital Certificate” is also absolutely needed to present your monthly/quarterly/annual tax declaration, either as an individual (If you are an employee) or if you are a self-employee or if you own a company.

    
    
    

    
    
    

    • How can you obtain the NIE? There are several ways to get it:
    1. Getting a “pre-contract” or a letter with a job offer signed and stamped by the company that will hire you and (Not mandatory but highly recommendable) having a health insurance which covers you in Spain
    2. Proving that you have a very recent bank balance of, at least, Eur 5.500, plus a health insurance (Better if you get it once in Spain, so you don’t need a sword translator)
    3. For familiar reasons, like iif part of your family is already living in Spain (A relative of your or a son/daughter) and provided with a Spanish NIE or ID
    4. Using a private company that will do everything on your behalf and will personally assist you during the NIE process

    
    
    

      

    Minimum Vital Income

    (“Ingreso Minimo Vital – IMV”)

     

     

    The Minimum Living Allowance is a benefit aimed at preventing the risk of poverty and social exclusion of people living alone or who are part of a cohabitation unit and lacking the basic economic resources to meet their basic needs.

    It is defined as a subjective right to an economic benefit, which is part of the protective action of the Social Security, and guarantees a minimum level of income for people in a situation of economic vulnerability.  It seeks to ensure a real improvement in opportunities for social and employment inclusion for the recipients.

    It operates  as a protection network aimed at allowing transit from a situation of exclusion to participation in society. It design will contain incentives for employment and inclusion, based on different forms of cooperation between administrations.

     

    Beneficiaries

    1. Individual beneficiaries:
    • People between 23 and 65 years who live alone or who, although they share a residence with a household unit, are not part of that unit, provided that:
      • They are not married, unless they have initiated separation or divorce proceedings.
      • They are not part of a domestic partnership.
      • They are not part of another household unit.
      • They have lived independently for at least three years prior to the application, unless they left their habitual residence as victims of gender-based violence, have initiated separation or divorce proceedings or other circumstances that may be determined. A person is understood to have lived independently if they have been registered with the Social Security for at least 12 months, whether continuous or not, provided they accredit a residence other than that of their parents, guardians or foster carers for three years.
    • Older women victims of gender-based violence or victims of human trafficking and sexual exploitation.
    • Permanent users of a social, health or public health residential service benefit financed with public funds are not entitled to the benefit, except in the case of women victims of gender-based violence or victims of human trafficking and sexual exploitation.
    1. Household unit beneficiaries:

    MVI beneficiaries, i.e., the persons who receive the benefit on behalf of and represent the household unit, must have full legal capacity and be aged between 23 and 65.

    The following may also be beneficiaries, provided they have full legal capacity:

    • Adults  or emancipated minors when they have children or the custody of minors for the purpose of adoption or permanent foster care.
    • Persons aged over 65 if the household unit is only formed by persons over 65 and minors or legally incapacitated individuals. 

    In any case, there may be a maximum of two beneficiaries at the same address.  

    1. Household unit:
    • The household unit consists of all persons living in the same home, united by marriage or as domestic partners, and their family members up to the second degree by consanguinity or affinity, adoption, and other persons living with them for the purpose of adoption or permanent foster care.
    • The following are also household units:
      • A unit formed by a victim of gender-based violence who has left their habitual family home accompanied by their children or minors in their custody for the purpose of adoption or permanent foster care, and their family members up to the second degree by consanguinity or affinity
      • A unit formed by a person who has initiated separation or divorce proceedings and their children or minors in their custody for the purpose of adoption or permanent foster care, and their family members up to the second degree by consanguinity or affinity.  
      • A unit formed by two or more people aged between 23 and 65 living in the same home without any of the relationships indicated above, under the terms established and provided that have lived independently for at least 3 years prior to the application, unless they have left the habitual residence as victims of gender-based violence, they have initiated separation or divorce proceedings or other circumstances as may be determined. These household units, or an individual beneficiary , may share a home with another household unit made up of family members or with a similar relationship.
    • The household unit have been continuous for at least one year prior to submitting the application.
    • Household units need not be continuous one year prior to submitting the application in the following cases:
      • Women who have left their habitual home as victims of gender-based violence, accompanied by their children or minors in their custody for the purpose of adoption or permanent foster care, and their family members up to the second degree by consanguinity or affinity.
      • Persons who have initiated separation and divorce proceedings, accompanied by their children or minors in their custody for the purpose of adoption or permanent foster care, and their family members up to the second degree by consanguinity or affinity.
      • Victims of human trafficking and sexual exploitation.
      • Household units with new members due to birth, adoption, custody for the purpose of adoption or permanent foster care.
      • Other cases that are determined by regulations.

     

    • Cohabitation is not deemed interrupted due to temporary separation because of studies, work, medical treatment, rehabilitation or other similar circumstances.
    • One person may not be part of more than one household unit.

    Obligations of beneficiaries

    1. Beneficiaries of the minimum vital income shall be subject to the following obligations while receiving the benefit:
       2. a) Provide accurate documentation and information for the accreditation of requirements and the maintenance of the service, as well as to ensure the receipt of notifications and communications
       3. b) Communicate any change or situation that could lead to the modification, suspension or extinction of the service, within thirty calendar days from the date of its occurrence.
       4. c) Reimburse the amount of benefits unduly received.
       5. d) Inform the managing body in advance of trips abroad by the beneficiary and members of the household unit, indicating the expected duration of the trip.
       6. One trip abroad each year of no more than 15 calendar days shall not be considered a stay or change of residence.
       7. A trip and stay abroad by any member of the household unit for a period of up to a maximum of 90 calendar days per calendar year, whether continuous or not, must be notified and justified in advance      
       8. e) Present an annual personal income tax return.
       9. f) Adults or emancipated minors who are not working shall be registered as job seekers except in the cases determined by regulations.
       10. g) Where the minimum vital income is compatible with income from work or economic activity, fulfil the conditions established for access to and maintenance of that compatibility.
       11. h) Participate in the inclusion strategies promoted by the Ministry of Inclusion, Social Security and Migration.
       12. i) Any other obligation that may be established by regulations.
    • Household unit members shall be obliged to:
      • .
    1. a) Report the death of the beneficiary.
    2. b) Notify the administration of any fact that distorts the purpose of the benefit granted.
    3. c) File a Personal Income Tax return each year.
    4. d) Fulfil the obligations of the beneficiary established in the previous section when the former, for any reason, does not fulfil them.
    5. e) Adults or emancipated minors who are not working shall be registered as job seekers except in the cases determined by regulations.
    6. g) Where the minimum vital income is compatible with income from work or economic activity, fulfil the conditions established for access to and maintenance of that compatibility.
    7. h) Participate in the inclusion strategies promoted by the Ministry of Inclusion, Social Security and Migration.
    8. h) Fulfil any other obligation that may be established by regulations.

    Payment

    The benefit will be paid monthly and is made by bank transfer to an account of the holder of the benefit.

    Entitlement to the minimum living allowance will arise from the first day of the month following the date of submission of the application.

    The minimum living allowance is non-transferable. It may not be offered as security for obligations, nor may it be the subject of total or partial assignment, or of offsetting or discount, or of retention or attachment.

    Duration

    The right to the benefit begins on the first day of the month following the application submission date. This right shall remain in force while the reasons for granting the benefit remain and the requirements and obligations provided for in the Act are met.

    • Suspension of rights

    The right to the benefit shall be terminated for the following reasons:

    1. a) Temporary loss of any of the requirements for recognition.
    2. b) Temporary breach by the beneficiary, holder or any member of their household unit of the obligations assumed by accessing the benefit.
    3. c) Provisionally in the event of evidence of a breach by the beneficiary, holder or any member of their household unit of the requirements established or obligations assumed by accessing the benefit, as resolved by the managing body.

    In any case, the benefit shall be provisionally suspended in the event of transfer abroad for a period over 90 calendar days, whether continuous or not, without having notified the managing body in advance and without due justification.

    1. d) Failure to meet the terms associated with the compatibility of the minimum vital income with income from work or self-employed economic activity.
    2. e) Any other cause that is determined by regulations.

    Suspension of the right to the minimum vital income shall entail the suspension of benefit payment as of the first day of the month following the causes for suspension, or the month in which the competent managing body has knowledge of the causes, and notwithstanding the obligation to return amounts unduly collected. Suspension shall be maintained for as long as the circumstances leading to suspension persist.

    If the suspension is maintained for one year, the right to the benefit shall be terminated.

    If the causes leading to suspension of the right disappear, the right shall be resumed ex officio or at the request of a party provided the requirements that led to recognition are maintained. In this case, the benefit shall accrue from the first day of the month following the date on which the causes leading to suspension ended.

    If the causes for suspension are maintained, the right shall be amended or terminated, as appropriate.

    • Termination of rights

    The right to the minimum vital income benefit shall be terminated for the following reasons:

    1. a) Death of the beneficiary. However, in the case of household units, any other eligible member may submit a new application. If the request is submitted  within three months from the day following the date of death, the economic effects of the right the household unit may be entitled due under its new circumstances shall be effective from the first day of the month following the date of death, provided the application is submitted within the period indicated.    
    2. b) Definitive loss of any of the requirements to maintain the benefit.
    3. c) Resolution entered in a penalty proceeding establishing termination.     
    4. d) Departure from national territory without notification or justification to the managing body during a period, whether continuous or not, of over 90 calendar days per year.
    5. e) Waiver of the right.
    6. f) Suspension of the benefit for a period of more than one year.
    7. g) Repeated failure to meet the terms association with the compatibility of the minimum vital income with income from work or self-employed economic activity.
    8. h) Any other cause that is determined by regulations.

    Termination of the right to a benefit shall be effective from the first day of the month following the causes for termination.

     

     

    FAQ

     

    4. How soon will my application for minimum living allowance be resolved?

    The maximum time limit for resolving your application is three months from the date of filing.

    Once this period has elapsed without an express resolution, the application will be understood to have been rejected due to administrative silence.

    When applied for before 15 September,  the benefit will be recognised with financial effect from 1 June 2020 if all requirements are met by that date. If they are not met on that date, the financial effects shall be fixed on the first day of the month following that in which the requirements are met.

    5. What if I forgot to send any necessary documents with my application?

    From the Spanish National Social Security Institute (INSS) we will contact you to indicate the necessary documentation to resolve your application and give you a deadline to submit it.

    In order to speed up the process, it is very important that you indicate a telephone number or e-mail address in your application so that we can contact you, in addition to your habitual home address.

     

    7. What is a household unit?

    A household unit consists of all persons living in the same home, united by marriage or registered as domestic partners, and their family members up to the second degree by consanguinity,  affinity or adoption, or other persons living in the home under adoption or permanent foster care.

    A victim of gender-based violence who has left their family home accompanied by their children or minors under adoption or permanent foster care and their family members up to the second degree by consanguinity or affinity are also considered a household unit; as is   the unit formed by a person who has initiated separation or divorce proceeding and their children or minors, and family members up to the second degree by consanguinity,  affinity or adoption.

    Finally, units formed by two or more people over 23 years of age or under 65 who live in the same home without any of the relationships indicated above are considered household units provided that have lived independently for at least 3 years prior to the application, unless they have left their habitual residence as victims of gender-based violence, they have initiated separation or divorce proceedings or other circumstances as may be determined. These household units may share a home with another household units made up of family members or with a similar relationship.

    When they are members of a household unit, beneficiaries must be at least 23 years of age, or be an adult or an emancipated minor if they have children or minors under adoption or permanent foster care.

    8. What requirements must I meet to qualify for the minimum living allowance?

    The basic requirements are:

    • To have legal and effective residence in Spain on a continuous basis during the immediately preceding year.
    • To be in a situation of economic vulnerability, which is accredited by taking into consideration your wealth and your level of income and earnings.
    • To have applied for the current pensions and benefits to which you may be entitled, under the terms to be fixed by regulation. Social wages, minimum insertion income or similar social assistance aid granted by the Autonomous Communities are excluded.
    • That the cohabitation unit has been formed for at least a year.
    • Be registered as job seekers, in the case of adults or emancipated minors, who are not working.
    • In addition to these general requirements, you must meet a number of conditions relating to your personal circumstances and/or those of your cohabitation unit.

     

    9. I live alone and there are no people who depend on me. Can I be entitled to the benefit?

    Yes, you must be between 23 and 65 years old and not married (unless you are in the process of separation or divorce) or  in a domestic partnership.

    You must also have lived independently for at least three years and have paid social security contributions for at least one year, in order to prove your financial independence. The requirement to live independently and pay social security contributions is not necessary if you have left your habitual residence as a victim of gender-based violence or have initiated separation or divorce proceedings.

    Permanent users of a social, health or public health residential service benefit financed with public funds are not entitled to the benefit, except in the case of women victims of gender-based violence or victims of human trafficking and sexual exploitation.

    Women of legal age who are victims of gender-based violence or victims of human trafficking and sexual exploitation may also be entitled.

     

    11. Must all members of the cohabitation unit have legal residence in Spain?

    Yes, whether it is an individual beneficiary or the members of a cohabitation unit, all must prove legal and effective residence in Spain continuously and uninterruptedly for at least the year prior to submitting the application, with the exception of:

    • Minors incorporated into the cohabitation unit by birth, adoption, foster care or permanent family placement.
    • Women victims of gender-based violence.

    12. Do I lose my resident status in Spain if I travel abroad?

    Habitual residence in Spain is maintained even if you take trips abroad that do not exceed a total of 90 days in each calendar year or are due to justified causes of illness.

    The departure and stay abroad of any member of the cohabitation unit must be communicated in advance to the Spanish National Social Security Institute (INSS), indicating the duration of the stay.

    Non-compliance with the obligation to notify the INSS of absences or trips  of more than three months will result in the suspension of payment of the benefit, without prejudice to the fact that this will entail the appropriate sanctions and the obligation to reimburse the benefits received.

    13. How is the benefit paid?

    The benefit will be paid monthly and is made by bank transfer to an account of the holder of the benefit.

    The minimum living allowance is non-transferable. It may not be offered as a guarantee of obligations, nor be the object of total or partial assignment, compensation or discount, retention or seizure, except for the compensation that may be made in payments by the INSS in the event of having received amounts greater than those corresponding to the criteria and requirements for setting the amounts to be received.

    14. What obligations do I assume as a recipient of the minimum living allowance?

    The obligations assumed by the recipients of the benefit are:

    1. a) Provide accurate documentation and information for the accreditation of requirements and the maintenance of the service, as well as to ensure the receipt of notifications and communications
    2. b) Communicate any change or situation that could lead to the modification, suspension or extinction of the service, within thirty calendar days from the date of its occurrence.
    3. c) Reimburse the amount of benefits unduly received.
    4. d) Inform the INSS beforehand of any departure abroad by both the holder and the members of the cohabitation unit, stating the foreseeable duration of such departure.
    5. e) Present an annual personal income tax return.
    6. f) If they are not working and are able to carry out a work activity, be registered as job seekers.

     

    15. Can I get child benefits and the minimum living allowance?

    The two benefits are incompatible.

    From the entry into force of the Royal Decree-Law establishing the minimum living allowance, no new applications may be submitted for child or dependent minor benefits under the Social Security system, which will be done away with. However, if you were unable to submit your application for a child or dependent minor benefit during the period of the state of alarm, you may submit it within 30 calendar days of the entry into force of the minimum living allowance, provided that you expressly indicate the date on which you intend to submit it.

    If you are currently receiving this allowance, the INSS may inform you of the conversion of this benefit to the minimum living allowance during the second half of June. This conversion will be carried out provided that, according to the data that the Management Entity has on its family unit, the amount of the minimum living allowance is equal to or more favourable. However, you may choose to keep the benefit, informing the INSS of your decision, once you receive the communication of conversion between benefits sent to your home.

     

    16. If I am a beneficiary of the minimum living allowance, do I have to pay the contribution for medicines?

    No, the beneficiaries of the minimum living allowance are exempt from the user’s contribution to the outpatient pharmaceutical benefit.

     

    17. What income and earnings are taken into account for the recognition of the benefit?

    The situation of economic vulnerability is determined by taking into account the average monthly income and computable annual earnings of the previous year.

    Exceptionally, and when they are not beneficiaries of unemployment benefits or subsidies, and for the exclusive purpose of calculating income, applications may be submitted until 31 December 2020 in cases of economic vulnerability that have occurred during 2020.

    In these cases, in order to provisionally prove compliance with the income requirement, the proportional part of the income that the cohabitation unit has had during the time that has elapsed in the year 2020 shall be considered, provided that in the previous financial year it does not exceed half of the equity limits generally established for the aforementioned cohabitation units and whose income does not exceed by more than 50 percent the limits established for the entire cohabitation unit in the financial year 2019.

    In any case, in 2021, the amounts paid will be regularised in relation to the monthly average data of the total income and computable annual income of the individual beneficiary or of all the members of the cohabitation unit, corresponding to the financial year 2020, giving rise, if applicable, to the reimbursement of the benefit.

     

     

    Please remember that applications submitted between 15 June and 15 September 2020 will have economic effects from 1 June 2020, if approved, provided the requirements are met by that date.