Services

Being relocated to another country or settle a business is a difficult challenge in so many ways, than language should not be the biggest.
One is feeling deeply vulnerable when dealing with the bank, dealing with real state, dealing with the administration trying to get licenses to open a new business, dealing with taxes...In the everyday life there are so many issues when a legal consultancy is needed, and the relationship with your lawyer should be completely trustful, which is completely impossible if there is a language problem.
That is way the approach provided by this services is committed to the understanding of an expat getting to set a business here, providing a good customer service, and anticipating all the needs that a new investor will find in our region.

Thursday, May 31, 2012

How to create your own bar

Some practical information on starting a bar in Spain, including tips on buying an existing bar and starting a bar in Spain from the ground up.

According to Wikipedia, “Spain has more bars per capita than any other country in the world.” This means there are lots of bars for consumers to choose from and that your bar is in good company, but unfortunately, that there’s plenty of competition. Yet many people do manage to make their bar work, and you may be able to do so too. Whether you’d like to buy an existing bar or start your bar from the ground up, read on for those important tips on how to start your bar in Spain.

Buy a Bar in Spain

Buying an existing bar in Spain could be the answer. There are plenty of bars for sale in Spain to choose from and that way you won’t have to worry about putting the bar together, buying equipment, hiring staff, creating a winning formula or reinventing the wheel. Most of the heavy work has been done already, but don’t neglect to seek the advice of a good lawyer or you might end up buying something you’ll regret! And make sure you notify your town or city hall (ayuntamiento) when you’re the bar’s new owner.
Here are some things you should keep in mind when shopping for your bar:

Why do the current owners want to sell their bar? Be sure to find out their real reasons. If the owners are looking to retire or have other life reasons that justify the sale, that’s good. But if the owners are looking to unload a bar that is la waste of money...not so good. This may not be apparent at first sight either. You’ll need to evaluate each bar and its financial records carefully. No matter how much potential you may think a particular bar has, turning a money-losing bar into a profitable affair isn’t very likely. 

Make sure you get a total picture of the bar’s financial health. Ask to see the bar’s financial records and go over them with a knowledgeable financial professional. You need to know what you’re getting into and you don’t want to be surprised if expenses are higher than you thought and/or profits are lower than you expected. Ask the owners if the bar will need any capital improvements soon, repairs or other expenses that won’t be reflected in the current list of expenditures. Does the bar have any debts? If so, find out the exact terms, as you will become responsible for them. 

Licenses. Make sure that all the current licenses are in order, and don’t just take the owners’ word for it. Have your lawyer verify them. If you decide that you’d like to add something (i.e. live music) that the current bar isn’t licensed for, find out if and how you can obtain such a license; don’t just assume that you’ll be able to.

You’ll need a license for that."

Start a Bar in Spain From the Ground Up

To start a bar in Spain from scratch, you’ll need to start a company (or do what’s sometimes called “going autónomo”), if you are by yourself,you will have to pay taxes in the local townhall as a freelance, or if you prefer to associate you will create a company (SA, SL...) and pay taxes, and register like that.

Alcohol License

If you’d like to sell alcohol, and you probably will, you’ll need to get an alcohol license from your town or city hall (ayuntamiento).  

Music Licenses

If you’d like to have music in your bar, you’ll need a license for that. There are separate licenses, however, for live music and recorded music – the recorded music license being easier to get. Check with your town or city hall (ayuntamiento) to obtain a music license. 

Food Handler’s Certificate

If your staff will be handling food, each person will each need to have a Food Handler’s Certificate (called a carnet de manipulador de alimentos), which requires attending a course and passing a test. Check with your regional government (comunidad autonóma) on how to obtain this certificate. 

Menus

Make sure that your menus are available in several languages. Spanish, English and the local autonomous language (i.e. Catalan, Valencian, Basque, Galician) would be the minimum, as it may be illegal if you don’t. If you want your menus to be available in additional languages (i.e. French, German, Japanese), that’s just icing on the cake. 

Resources

Here are some possible leads for starting your bar:
Fotocasa.es – A Spanish real estate classifieds site with commercial property for sale, rent, or traspaso
Loquo.com – A Craigslist-type classifieds site that includes commercial property for sale, rent, or traspaso
Spaincorp.com – Buys and sells existing businesses in Spain
Spanish.Businessesforsale.com – Site for buying and selling existing businesses in Spain and several other countries

But whether you opt to buy an existing bar in Spain or create your bar from the ground up, make sure you seek adequate professional, legal and financial advice as you would with any other investment venture, and try to have some fun!

Monday, May 21, 2012

Expulsion order; only 48 hours to appeal

The expulsion order is a penalty applied by the administrative authority to foreigners non eu citizens who are illegally in Spain (art. 57.1LEx).

          The Foreigners Act provides a number of reasons for expelling an alien Here we will focus on the lack of a valid residence permit.

          A foreigner is irregular when:

          1. No temporary visa has expired or her term.

          2. Has not obtained an extension of stay.

          3. No residence permit has expired or more than 3 months.

          4. And provided that the foreigner had not applied for renewal within three months after the effective loss of resolution (art.53.a LEx).

          A foreigner who has no residence permit may be detained by the police to consider its case of expulsion by the preferred method.

          What rights do abroad?

          a) A statement to the police or judicial authority regarding the cause of expulsion.

          b) assistance of a lawyer


          c) assistance of a lawyer / y of free trade and if you do not have sufficient financial means (art. 22.1 LEx)

          d) Art. 520 Criminal Procedure Act: "Anyone arrested or detained shall be informed, so that is understandable, and immediately, the facts alleged and the grounds for his detention and the rights assist him and especially the following:

          - To remain silent is not stating if you will, not to answer any or some of the questions raised, or state that only testify before the judge.

          - Not to testify against himself or to confess guilt.

          - To choose a lawyer and request your presence to attend the police and judicial proceedings involved in reporting and verification of identity that is the subject. If not designated, it shall appoint counsel.

          - To be brought to the attention of the family or person you want, the fact of detention and place of custody in which it is at all times. Foreigners / as entitled to the above circumstances are communicated to the Consular Office in your country.

          - To have the free assistance of an interpreter when, try foreigners do not understand or do not speak the official language.

          - To be recognized by the coroner and, failing that, by the institution where you are.

          Recommendations:

          a) Designate a trusted lawyer specializing in immigration;

          b) Do not lose touch with the lawyer;

          c) Notify the police and the judge's home from abroad.

          Upon notification of the agreement to initiate the deportation procedure abroad has a period of 48 hours to make submissions and provide documents

          What should the lawyer?.

          - Provide your details: name and telephone number.

          Tell you about your situation and rights:

          - Examine the reasons underlying the processing of the application via preferred.

          - If there are criminal appeal case for reform to the service of the order in which they agree to follow summary procedure in speedy trial. Importantly, the assistance of counsel in the criminal case is different from this assistance in the expulsion.

          - To examine the justification for the preventive measure of detention.

          - Examine the respect for the principle of proportionality.

          - Use the evidence and discharge its disposal.

          - Avoid at all costs post of helplessness (the absence of allegations is admitted facts or grounds alleged), and it must provide the remedies available to administrative or judicial.

          - Assist, where appropriate, the stranger in the process of detention before the judge.

          - Require the take-over apud acta (Art. 32.3 Law 30/1992). Namely the requirement that the formally designated foreign to the Clerk of Court the name of the lawyer to represent.

          - Ask if appropriate, the petition for habeas corpus. Procedure for obtaining the immediate release of the individual freedoms available to the competent judicial authority of any person illegally arrested. May request the opening of a writ of habeas corpus: a) the detainee, his spouse or united by a similar relationship, descendants, ascendants, brothers, b) the prosecution, c) the Ombudsman; d) the competent judge (art. 3 LO6/1984, 24 May).

          Recommendations:

          a) Request the revocation of the procedure and the punishment of a fine alternative.

          b) The claims must be stated all the information available


          For example, registration, marital status (single, married, partner), living together or not Spanish, EU or overseas / a resident, holding children in Spain, previous permits, economic status, asylum, having been born in Spain and have resided legally in the last 5 years (the foreigner or his / her spouse), receiving a disability benefit, unemployment or program insertion (the foreigner or his / her spouse), have been of Spanish origin (the foreigner or his / her spouse ) and being younger than 18 years for working with the Justice providing data of illicit human beings, have previously requested a temporary residence permit for exceptional circumstances, be pregnant and that removal endangers pregnancy, have a criminal proceedings against the penalty is requested more than 6 years and less than 6 years and there are exceptional circumstances to avoid expulsion, the clear possibility that deportation will not be able to be done during the stipulated period of detention .

          c) Collaborate with the attorney to furnish all information necessary for the defense.

          d) request the attorney a copy of the allegations.

          Once a reasoned proposal by resolution of expulsion. The police must notify the proposal to expel the person concerned. It opens a hearing procedure for the foreigner can make submissions and present documents within 48 hours.

          Once the Government Office of signing the decree of expulsion:

          - Police must immediately notify the decision on the case abroad.

          - The maximum time limit for the issuance and reported the resolution to resolve the procedure is 6 months from the initiation agreed it (art. 121 REx). After this period without obtaining resolution may request the revocation of the expulsion.

          - The resolution must be motivated to resolve all issues raised in the record, you can not accept facts other than those identified in the course of the proceedings, should contain the resources that come before it, the body to which they had submitted and the deadline for such remedies (REx art.132.1 and 3).

          What effect does the resolution of the case?

          - A foreigner may be expelled immediately.

          - The execution of the expulsion order is suspended if the foreigner makes application for asylum, until it is inadmissible for pending or resolved, and also in cases of pregnant women as a risk to the pregnancy or to life or physical integrity of the mother.

          - It extinguishes any permission to stay in Spain and is filed any procedure whose purpose is the authorization to reside and work in Spain.

          What should the lawyer?

          - Attempt to revoke the deportation order by filing an administrative appeal and request as a precautionary measure to suspend the deportation order until a decision on the appeal.

          - Lodge an administrative appeal is within two months from the day after its notification.

          - If dismissing the administrative appeal may be brought an appeal before the High Court of Justice. (Within 15 days).

          - If the alien is free and there are new elements to claim may be filed a motion for reconsideration, prior to judicial review, within one month from the day following the notification. If denied, you can lodge an administrative appeal.

          It is important to seek appropriate resources and especially to obtain the injunction to suspend the expulsion order. While the trial is being processed and the time is passing abroad buy time, in the sense that it may take 3 years to apply for the roots in exceptional circumstances, for it must meet the requirements for obtaining the necessary authorization and apply to the agency that the expulsion decree revoking the same, because the circumstances that generated it, have disappeared.

          
Moreover, the expulsion order may be revoked if the alien contract a marriage with a Spanish or EU citizen resident in Spain, regardless of their sexual orientation..

Tuesday, May 15, 2012

How to get your NIE (Foreigners id number) from abroad

You need an NIE if you live in Spain. Your foreigners identification number Numero de Identificacion de Extranjeros is the key to everything from buying your home to collecting your mail. It can also be essential for the non-resident too. If you want to make a house purchase or you have been left Spanish property in a relatives will you need an NIE to make the transaction. If you need to get an NIE as quickly as possible then you may prefer not to have to travel to Spain at all.

Until 2011 it was possible to obtain a power of attorney in your home country which enabled someone in Spain to act on your behalf and obtain the NIE for you. However, in April 2011 a new regulation stipulated that an applicant had to appear at their local Spanish police station themselves.

The difficulties in enforcing this led officials to interpret the regulation loosely and they continued to allow applications for the NIE to be presented through third party with power of attorney. A further communication followed in December 2011. This pointed out that the loose interpretation was not acceptable and that in the future the application must be made in person.

Friday, May 11, 2012

Tired of being poor

Ideas on getting out of poor

Here is a usefull blogspot gathering all the information which might take you hours to get through. There are jobseeking websites from Spain and abroad, Public Employment Service´s announcements, Summer jobs and Workcamps, learning grants and opportunities, self-employment assistance...all about getting out poor.

17 Young entrepreneur´s prizes up to 5.000 and one big National Prize of 20.000 Euros

The  "Young Entrepreneur Prize" created by La Caixa between  Navarra´s Government and Labour Ministry of Spain, gives each year 17 prizes on the Navarra region, and one big national prize awarded with 20. 000 euros.

There is another category named "creces", "growth", which allows the best new companies with major succeds on innovation and growth with a career plan from 25.000  to 100.000 euros and travel expenses to study management in Cambridge University.

http://www.navarra.es/NR/rdonlyres/B085E38E-278F-48F1-A01E-5009D95579BF/218024/PremioEmprendedores2012.pdf

Changes on legislation about Basic Income vulnerates foreigners acquired rights


The new requirements excludes "thousands" of immigrants and native families without offering alternatives, regardless of exceptional circumstances, and while it continues to destroy jobs. It is based on a baseline survey and follow criteria "economists". The bill itself amounts to 18% of cases granted that would be denied, about 2,315

 The new law that leaves no loophole, the "discretion" in both legal and continuous residence of 24 months, which excludes not only immigrants but "many indigenous" and without alternatives. There are families, immigrants, many of them single parents with dependent children who never had papers or have lost their becoming unemployed, those who have been "absent" to other communities for temporary jobs (such as picking pears in Lleida), or have traveled through illness or death of relatives. What will happen, with undocumented women who are victims of sexual exploitation. Or those that take 24 months to receive support because many may be native and have no job.

Basic social services take about two and half months in resolving cases that would then take between five and six months in Social Policy. A very agile handling, and also without following a consistent approach by social services. Thus, there are income workers advance to an eviction, while others do not support it because "everything is urgent." The truth is that there are special subsidies that take up to eight months.

80% of Spanish Small & Middle Size Companies don´t have any data protection policy implemented

Data security protection is binding by Spanish Law. Most of the small and medium size companies does not have their files registered (80% of them, as it is said by the National Observatory located in Leon). To ignore this obligation leads to a fine, up to 10.000 euros, depending on the kind of data stored by the company.