Lawyer Smart Card

The Golden Visa

Myra — Tue, 23 Feb 2021 20:02:11 +0000

Are you a non EU citizen and wish to relocate to Spain? Read on.

Those from outside the EU who wish to apply for residency in Spain have to follow a complex application procedure. The differing residency status once acquired means that you need to abide by numerous stringent rules. One of the regulations does not allow you to be absent from Spain for more than six months in any one year, during the first five years stay without losing your residency status. Due to this ruling, there is no option to become a non fiscal resident during the first five years residency.

Is there an answer? The Golden Visa is a residency option for investors to Spain. There are various options which include: An initial investment to the value of equal to or greater than two million in Spanish public debt securities. One million euros in shares or participations of Spanish Capital companies with a genuine business activity. One million euros in bank deposits in financial institutions or, the the acquisition of of real estate in Spain with an investment value equal or greater than 500,000 euros free of liens or encumbrances.

Unlike the non lucrative visa, the Golden Visa will have a duration of two years. Investors who are interested in residing in Spain for a longer duration, may request the renewal of the residence authorisation for successive periods of five further years as long as you continue to meet the initial requirements. There is no need to reside in Spain for six months in any one year. The Golden Visa allows you to visit Spain once a year. This will ensure non fiscal residency status if that is your aim. Prolonged absences during the rest of the year will not exempt you from renewing your residency status.

The Golden Visa allows you to apply for residency for your spouse and dependent children.

Owning a Lawyer Smart Card will allow you to instruct an immigration lawyer and lawyers for other legal matters such as a conveyancing and tax lawyers. The card allows you to use the Call Centre to pose your questions.

Lawyer Smart Card is a top class network of dedicated lawyers who will be available to ensure you of a relaxed experience, supporting you through each step of the process.

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New Residency Procedure in Place for U.K. Nationals

Myra — Tue, 11 Aug 2020 19:00:38 +0000

Nationals of the United Kingdom, the members of their families and any other persons residing in Spain in accordance with the conditions established in the Withdrawal Agreement, will not be obliged to apply for a new resident status nor, therefore, submit to a new documentation process, but they will have the right to receive, in accordance with the provisions of Directive 2004/38, a residence document that expressly reflects their status as beneficiary of the Withdrawal Agreement. This will also be written onto the Biometric card.

The anterior pertains to the UK Nationals and their family who are residing legally in Spain before December 31 2020. . The Withdrawal Agreement does not require physical presence in the host State at the end of the transitional period (temporary absences that do not affect the right of residence are accepted, as well as longer absences that do not affect the right of permanent residence).

The rights of British citizens and their families who start their residence in Spain after the transitional period will be those established by any Agreement that regulates the future relationship or, failing that, those established by the general domestic immigration regime.

The Document Tarjeta Identidad Extranjero (TIE) “Foreigners Identity Card”.

The procedure for obtaining this residence document is established based on whether the UK national: is the holder of a registration certificate, temporary or permanent; or, lacks the same for not having requested it before the date set forth in these instructions or for having arrived in Spain in the period comprised from the date set forth in these instructions (that is, after July 6) and the end of the transition period or at a later time.

In accordance with the EU Commission on the format and uniformity of the document in all EU member states. The validity of the same will be for five years for non permanent residents and ten years for permanent residents, evidencing the rights under the Withdrawal Agreement with the inclusion of the wording “article 50 TEU” ““Issued in accordance with article 18.4 of the Withdrawal Agreement”.

The TIE can be solicited from July 6 2020.

Family members who have the right to residency under the Withdrawal Agreement, and arrive after the transition period, should make the residency applications within three months of arrival.

the procedure for holders of the green registration (residency) certificates can update the document for a TIE at the foreigners offices at the stations of the National Police.

First time applicants will use the new procedure of July 6 2020. The first step is to request an (online appointment) at the provincial immigration offices (extranjería). The authorities have three months in which to authorise residency status. The applicant will then have a month to complete stage two, making the application for the TIE at the foreigners offices of the National Police.

Lawyer Smart Card is a top class network of dedicated lawyers who will be available to ensure you of a relaxed experience, supporting you through each step of the process.

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What is The Lawyer Smart Card?

Myra — Mon, 10 Aug 2020 22:16:06 +0000

The Lawyer Smart Card is your pathway to one of the largest networks of dedicated lawyers in Spain and the Islands who speak your language.

Q) What is the Lawyer Smart Card?

A) The Lawyer Smart Card is a membership card which primarily gives you access to a registered lawyer who speaks your language simply by phoning the Call Centre.

Q) What are the advantages of owning a Lawyer Smart Card?

A) Owning a Lawyer Smart Card guarantees:
Professionalism: Every Smart Card Lawyer is chosen for their expertise in a particular legal area.
Integrity:. Fair fees, trust, transparency and security giving you peace of mind.
Commitment: Assurance that the your matter is dealt with efficiently.
Reliability: Dedication to the client and resolved to keep the lines of communication open.

Q) I may have a question and not need the services of a lawyer. As a title holder of a Lawyer Smart Card, can I ask questions?

A) Yes. You can call or email a qualified registered paralegal.

Q) Would I need the card after instructing a lawyer?

A) It is wise to keep up your membership. Lawyers are not normally general lawyers so it is not always advisable to use the same lawyer for all matters. Lawyers specialise in their fields of expertise.

Q) As my Smart Card will hold personal details, will anyone else be able to access these?

A). No. Just the same as a credit or debit bank card, your smart card will have your own personal details and membership number.

Testimonial

“I think it is extremely invaluable to have ready access to legal professionals. It is encouraging to know that the “Smart Card Lawyers” have been interviewed for their suitability. I think this is an excellent way to eliminate risks . Engagement in the Spanish legal system is a minefield.I see this as an invaluable innovation for the expatriate community residing here, owners of holiday homes and visitors to Spain”.

Lawyer Smart Card is a top class network of dedicated lawyers who will be available to ensure you of a relaxed experience, supporting you through each step of the process.

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How to Apply for Residency During the State of Alarm

Myra — Sat, 18 Apr 2020 17:48:46 +0000

Since the government approved confinement restrictions due to the coronavirus, most administrative offices closed. This included suspending the right of citizens to make appointments or proceed with their applications for residency during the confinement period. Due to the necessity of this important procedure and with the intention of avoiding long queues and a backlog, the government have made provisions for those wishing to take out residency.

The government and the General Council of Lawyers have signed an agreement to expand the procedures for immigration procedures to be carried out electronically. The agreement has been put in place to avoid the future queues and long waits for citizens making residency applications.

The new system will enable lawyers registered with the College of Lawyers to present documents electronically in representation of third parties to the relevant administrations including the offices of “Extranjeria”.

Once we have notification that this method has been approved, we will add an update.

Lawyer Smart Card is a top class network of dedicated lawyers who will be available to ensure you of a relaxed experience, supporting you through each step of the process.

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Use a Dedicated Property Lawyer

Myra — Mon, 23 Sep 2019 20:04:38 +0000

Spain has been highlighted for purchasing and sales problems. Licences not conceded resulting in Illegal properties can become apparent immediately, but more often months or years later. These problems are often not discovered until the owner attempts to re-sell or when family inherit.

It is alarming that thousands of properties purchased in Spain have resulted in catastrophic consequences and or, insurmountable problems. Some so serious that properties bought with good intentions and all documentation in place have since been demolished, or served with demolition orders. This has occurred time again affecting purchasers dream homes. Futures and health have been ruined and investments lost.

When looking at the many problems faced, we may wonder if future purchasers will suffer similar consequences due to unprofessional services? This does not need to be the case. There are imperative and straightforward steps to take to ensure that those who are making investments in Spain are protected and taken care of.

Were these calamities avoidable? Absolutely! All properties sales should have been conducted correctly. Real estates, banks and lawyers should always carry out their part of the negotiations with due diligence. Many had decided to take advantage of the continual surge of purchasers for properties in Spain, often looking for a quick buck and leaving the innocent purchaser to suffer the dire consequences.

In Spain property searches are not obligatory and where notaries can easily sign a purchase or sale, where documentation is often sketchy and misleading, where title deeds do not give a true reflection of the status of a property and where some parties concerned in sales and purchases continue to provide the same unsatisfactory service. It is therefore not surprising that purchasers lose in one way or another and many vendors discover that they cannot sell when they eventually find a buyer.

Lawyer Smart Card is a top class network of dedicated lawyers who will be available to ensure you of a relaxed and enjoyable purchasing experience, supporting you through each step of the transmission process.

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Have you Made a New Will?

Myra — Mon, 23 Sep 2019 15:11:26 +0000

450 000 cross-border successions occur in the EU every year estimated to be worth more than120 billion euro.

These successions are characterised by their high complexity. Succession law varies considerably from one EU country to another

The European Council have been discussing improving the status quo and on the of July 4 2012 a new legislation was passed, colloquially known as the Brussels IV. The new European Union rules now known as EU 650/2012 regulations are applicable to successions to all members states (ECS State) as of August 17 2015. The UK Eire and Denmark have opted out suggesting incompatibility between the differing legal procedures.

The new regulation will be applicable to all moveable assets in the EU. Mutual recognition of decisions relating to succession in the EU is ensured.

Important to note that the regulation is binding and directly applicable in all the Member States. This means that there is no need for legislation passed in a Member State. Spain for example will be subject to these EU regulations.

Regulation on jurisdiction, applicable law, recognition, enforcement of decisions to include enforcement of authentic instruments in matters of succession will include a creation of a ECS (European Certificate of Succession) ensuring that a given succession is treated under a single law and by one single authority. Though not obligatory this can protect heirs in complex situations to avoid judicial and parallel conflicting decisions. This certificate enables a person to prove his rights as heir or his administrative powers as administrator of an estate or executer of a will with no further formalities.

Expats in Spain can and as has been the case to date (this is where one may wonder why it takes 84 articles to explain such a simple regulation) have the choice to apply either the law of nationality or the law of habitual residence to their succession. The habitual residency choice leaves many inconsistencies as to whether your habitual residence is in the country of residence or the country you were most associated with at time of death. In the latter case the law of succession of that country will govern the succession. Interesting to note that those of multiple nationalities will be able to choose the law of any of these nationalities.

Take note that the EU regulations will not interfere in the national rules on succession such as taxes etc. It is important to note that the default position is that the law of the state in which the deceased was “habitually resident” applies to succession to assets..The State of habitual residence need not be an ECS State but will include what is known as a third state such as the USA.

Selection of the law of nationality mud the made expressly in a will or analogous document. This will ensure that the law of nationality will be applied to assets in the ECS.

Complexities which may occur in Spain or France which may not recognise trusts and the devolution of assets, and that the regulations does not apply to lifetime gifts. For those concerned about these matters, should seek the advice of a lawyer with expertise on EU successions.

What should I do now?

Although the Regulation came into force in 2012, the provisions came into force on August 17 2015. That said, Wills can be prepared and executed now but, do take note that up to that date, the will you drawn up with your choice of succession of the country of birth or other will remain valid if death occurs before midnight of August 16 2015.

The clause must be added and should relate to the fact that you wish the will to be governed by the law of your nationality. For assistance, a good lawyer and notary should be able to guide you.

Important note: if a partner shows signs of any illness such as Alzheimer’s or any types of senility or dementia, a new will should be made immediately. Once diagnosed, they are not able to make a will and testament.

For those who die intestate in Spain there is no choice and the inheritance will be governed by Spanish law of succession. Under Spanish law, there is no choice of beneficiaries.

Lawyer Smart Card is a top class network of dedicated lawyers who will be available to ensure you of a relaxed experience, supporting you through each step of the process.

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