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Category: Legal

How many days are you covered for hospitalization in your private health insurance?

How many days are you covered for hospitalization in your private health insurance?

Prolonged hospitalization constitutes a grave concern worldwide because it generates negative effects on the health system such as, for example, increase in costs, deficient accessibility to hospitalization services, an overload of emergency services, and the risk of adverse effects

The causal agents of extended hospitalizations found with higher frequency are a delay in the performance of surgical and diagnostic procedures; the need for attention in another complexity level; social-family situation, and the age of the patient.


When you take private health insurance don’t look just the price. Although all the insurance companies could be the same, the covers are very different between them as the days of hospitalization which is one of the most important covers. Sometimes a patient has paid the hospital room having covered the contracted days in his insurance policy.


Original Article from BMI Spain



At the time applying for Residents permit or visa it is essential that you have health insurance in place.

At the time applying for Residents permit or visa it is essential that you have health insurance in place.

It is important that health insurance complies with the minimum requirements.

The regulations state the when a foreigner decides to live in Spain for more than 90 days, they will have to comply with rules to formalise their stay. There are two different situations:

In both of these cases the law in Spain stipulates that the applicant must have health insurance to obtain the document being applied for:

The requirements the health insurance policy must have in these cases:

It must have the same benefits as the National Health Service system, without needing any contribution from the insured (copayment) and with repatriation cover.

  • The insurance without copayment doesn´t have limitations. The premium is usually higher but during the term of the policy, the insured has nothing else to pay.
  • The repatriation cover guarantees the transfer of the deceased to the place from which they come from, including the transfer procedures, transfer to the nearest airport in the place of origin and then on to the burial ceremony or cremation. BMI can assess and help you make the correct choice from the best insurance companies in order to cover all your needs in the most optimal way possible.

Spain has a range of companies that offer health insurance specifically designed for foreigners and therefore can provide a solution for a residency application.

BMI can assess and help you make the correct choice from the best insurance companies in order to cover all your needs in the most optimal way possible.


Original Article from BMI Spain



Report on Focus Group Meeting Friday 24February 2017

Report on Focus Group Meeting Friday 24February 2017

On 24th February 2017 the Foreign and Commonwealth Office hosted a Brexit Focus Group Meeting at the Centro Cultura in La Cala de Mijas.

Brexpats in Spain were invited to put a group of around 15 people together to attend the event. Our group consisted of a cross section which included retirees, small business owners, people with families as well as our lawyers and Giles Tremlett a journalist and author who writes for The Guardian and Economist. Giles travelled down from Madrid to be with us at the meeting. Also in attendance were participants from other Expat Groups, Local Businesses as well as Local Press.

Julia Longbottom, The Director of Consular Services travelled from London to Chair the meeting she was accompanied by Gerard McGurk Consular Regional Director for Southern Europe, Charmaine Arbouin Consular Regional Operation Manager for Andalucía and Rosslyn Lloyd Vice-Consul for Andalucía. A contingent from the Department for Exiting the European Union were invited to attend but were unable to do so. It is hoped that they will attend future such events.

The Mayor of Mijas, Juan Carlos Maldonado introduced himself to the meeting confirming his ongoing support for Brexpats in Spain and the British residents in Spain.

Whilst there are still “No Answers” the meeting gave a valuable chance for concerned British Immigrants to put their Brexit worries and views directly to a face from the FCO. Subjects raised included Pension, Healthcare, and Employment, Maintaining a Business, Education, Qualifications and Family Life.

Julia Longbottom took everything she was told on board and made a firm commitment to us to take it back to London and ensure that it is disseminated to the correct areas. She reiterated that there are no answers yet. She also made a commitment to ensure these Focus Group Meeting would continue.

The one thing that was prominent at the meeting was the need for good reliable and up to date information. There are too many rumours, conflicting press reports and Chinese Whispers. This was taken on board and will be worked on to find a suitable solution.

Following the Focus Group Meeting, Brexpats in Spain gave a presentation at the La Cala Town Hall on the subject of obtaining Spanish Nationality, Wills, Inheritance and Employment.

Our Mayor of Mijas Juan Carlos Maldonado introduced himself to the meeting confirming his ongoing support for British Immigrants in Mijas, Brexpats and the work we are doing .

It was explained that the basic requirement for applying for Spanish Nationality as they stand at the moment include: –

10 years continuous Spanish Residency, to sit a written examinations in Spanish on Spanish Culture and Language as well as a Spanish oral exam/interview.

It was also further pointed out that as of this moment Spain does not allow dual nationality with the United Kingdom.

Giles Tremlett gave a briefing on the work he is doing with other groups regarding British Rights in Europe after Brexit and is actively working to ease the requirements for obtaining Spanish Nationality as well as change legislation that precludes British Nationals from holding dual nationality with Spain. Interestingly, Great Britain allows a Spanish National to hold dual Nationality with the UK.

Victoria Westhead (Lawyer) then gave a briefing on employment. Since 1993 EU Nationals have had the right to come to Spain, seek employment and work in Spain with the ability to have qualifications endorsed throughout Europe. The only exceptions to this is non Spanish Nationals are not permitted to take positions in areas such as the Police or Armed Forces.

Obviously we want to conserve our rights in Spain and work to the Spanish Government confirming this post Brexit.

Sarah Hawes explained that there has been recent changes in legislation that now give the opportunity for British Residents in Spain to change their Wills to include a clause stating that they wish to have the inheritance laws of their county of nationality applied to their Spanish Will . It should be stressed that this applies only to the rule of inheritance, Spanish Inheritance tax rules would still apply. It should also be noted that if you were to choose to take Spanish Nationality under the present rules whereby Dual Nationality with the UK is not permitted then this option would not be available.

Milada Fitzgerald reiterated to the meeting that if you live in Spain more than 183 day you are automatically deemed to be a Spanish Resident and must complete a Spanish Tax Return on which you must declare all pensions, income and interest etc. regardless of where you are receiving them. The Tax return must be completed by the end of June each year with your declaration covering the previous calendar year. Milada also reminded the meeting that Inheritance tax exists between spouses in Spain, the level of which varies dependant on region.

Brexpats in Spain President, Anne Hernández, then closed the meeting thanking everyone for their attendance.



















SUMMARY: One million UK residents in Spain and other EU countries today demand that the millions of people left in Brexit limbo (including 3 million European in the UK) be put top of the agenda by the EU and UK government. For the first time, BREXPATS IN SPAIN and other groups of UK residents from across Europe have come together to lobby governments. Today they publish an alternative white paper for the UK government, calling on Theresa May to make an immediate agreement to preserve the rights of those in place in the UK and EU before Brexit her main priority during negotiations. One third of UK citizens in the EU – 300,000 people – live in Spain.

On the eve of the Government’s White Paper publication, UK citizens living in the EU present their ‘UK Citizens in Europe – Towards an Alternative White Paper’.

This is the biggest group of British citizens’ organisations in Europe working together for the first time to call for their serious concerns to be acted on before Article 50 is triggered. The groups represent thousands of British citizens living and working across the continent.

‘UK Citizens in Europe – Towards an Alternative White Paper’ sets out clear concerns about being able to live, work, run a business or study in the European countries where many have made lives for themselves and their families.

Authors, Jane Golding and Jeremy Morgan QC added:

“Following the Supreme Court ruling, UK MPs have both the opportunity and the clear responsibility to make approval of the bill to trigger Article 50 conditional on safeguarding the rights and livelihoods of over a million UK citizens living in Europe (as well as around 3 million EU citizens in the UK). This should happen at the earliest opportunity.” (J.Golding)

“Our paper shows that the complex position of individuals who have moved to another EU country. It is clear that unless all rights are preserved, many people will have no choice but to give up their homes and their lives and return to their country of origin” (J.Morgan)

The signatories of the Alternative White Paper are:
BREXPATS IN SPAIN, EuroCitizens (Spain), Bremain in Spain, Brits in Europe (Germany), British Community Committee of France, Expat Citizen Rights in EU (ECREU) on behalf of 6,000 members from 25 EU Countries (France), Fair Deal for Expats (France), RIFT (Remain in France Together), Brexpats Hear our Voice (Belgium), British in Italy, and New Europeans (UK).

For further information email us on info@brexpats.es or speak to the authors contact:

Jane Golding +49 171 1487159 jama.golding-wilkens@t-online.de
Jeremy Morgan +39 368 8714943 jeremymorganit@gmail.com
Daniel Tetlow: +49 1573 370 4205 daniel@kamanga.net

Note on the Special State Insurance (convenio especial)

Note on the Special State Insurance (convenio especial)

Interesting notes about the special agreement on the provision of medical assistance to individuals who do not have insured or NHS beneficiary status.-

According to Royal Decree 576/2013 of 26 July and Order SSI/1475/2014) this special scheme applies only to individuals who:

  • Do not have insured or NHS beneficiary status and,
  • Do not have access to the public health care protection based on any other legal grounds; and, consequently, involving no protection under the European regulations or any bilateral/multilateral international agreement on coordination of Social Security System.

Consequently, this special state insurance (called in Spanish “convenio especial”) will not be applicable to individuals otherwise entitled to public health care protection under the umbrella of European regulations or international agreements.

There are other more specific situations, as a general rule, “Insured status” will be granted, under the Spanish Law, to individuals in any of the following circumstances:

  • Being employed or self-employed, and registered with the Social Security system as an employee.
  • Being a pensioner in the Social Security system.
  • Being in receipt of any other periodic Social Security provision, including unemployment benefits or any others of a similar nature.
  • Having completely consumed unemployment benefits and others of a similar nature, remain unemployed and do not have insured status on any other grounds and residing in Spain. This scenario will not apply to foreigners who are not registered or are unauthorized residents in Spain.
  • Minors subject to administrative guardianship.

The “Beneficiary status” will generally derive, under certain circumstances, from a relative, spouse, cohabiting partner or even an ex-spouse. In the case of being the ex-spouse, beneficiary status will be only considered in cases of dependency based on a compensatory pension entitlement.

Under the scope of this Special scheme, applications for health protection should be registered with the Spanish “INGESA” (National Health Management Institute) and the following requirements should concur:

  • Providing evidence of an effective residence in Spain during a year before the date of applying for the Special scheme.
  • Being registered (empadronado) in any Spanish Town Hall at the moment of submitting the application
  • No entitlement to public health protection under any other scheme, either by application of domestic law or European regulation on Social Security or by bilateral international agreements signed by Spain with other countries.

Monthly fixed fees (which may be periodically reviewed by Government) for applicants under 65 will amount to 60 euros, while fees for individuals over 65 will increase up to 157 euros per month.

Applications under the special scheme will be answered by the authorities within a maximum period of 30 days; the lack of no response for longer than that period, could be understood as a statutory recognition of entitlement (by administrative silence).

The special scheme described ensures access to the basic common portfolio of the Spanish NHS (with identical guarantees regarding extent, continuous care and coverage as for individuals with an insured or NHS beneficiary status), including prevention, diagnosis, treatment and rehabilitation received in public health centers, as well as urgent medical transport.

Nevertheless, supplementary services provided by each Autonomous Community, such as pharmaceutical or orthopedic prescriptions and dietetic products, will not be included unless by express regulation of the Autonomous Communities involved. Extension of services in these cases could result in an increase by the autonomic government of those fixed fees for the basic amount.
Ana Argente
Spanish-qualified lawyer (FERRERO LAWYERS) on behalf of BREXPATS IN SPAIN

Download the Application Form here


The Mijas Town Register (Padrón)

The Mijas Town Register (Padrón)

We express the wish that our members who are resident here in Spain are also legal and registered with the local Padrón. The information provided at registration is confidential and protected by data protection laws.

The Padrón is a population count for a particular town such as Mijas. Officially all residents in Spain are required by law to register on the padrón, yet many still have not done so. The padrón is the way the Town Hall knows how many people live in their area without entering into investigations as to a person’s official residence status or financial affairs.

How is the Information Used?

Better public services: The Central Government allocates money to the different municipalities according to how many people are on the Padrón. Therefore, if you are not registered, your town hall is losing money for the provision of health centres / doctors, police officers, fire fighters, schools, roads, parks and gardens.

Access to benefits and social care: Once registered on the Padrón for a certain period of time, you are entitled to some income-related benefits and other aspects of social care available through social services at your Town Hall. Other benefits include discounted courses, leisure and cultural activities run by the Town Hall.

Right to vote: In order to register to vote in local or European elections, you must first be registered on the Padrón, as this is where the Census office in Malaga get their information to make up the electoral roles. If you wish to vote, make sure when you register that you ask for the form to apply to vote in electoral procedures.

Day to day life: Because this document is your official proof of address, you will need your Padrón certificate to carry out almost any administrative task, such as registering for healthcare, opening a bank account, enrolling your children for Spanish schools, registering your car with Spanish number plates or buying a car in your name, or any procedure carried out at the Traffic Headquarters etc…

Required Documents for your application

  • Original passport and photocopy.
  • If you have either your N.I.E number or Certificate of Residence, it is recommended to take this also, along with a photocopy.
  • Proof of ownership of property and a photocopy (either your title deeds or a rates receipt in your name).
  • If you do not own property and are renting, the rental contract in Spanish and a photocopy. Owner proof of being registered on the Padrón.
  • If you don’t own property and you are not renting, you have to come with the owner of the dwelling in order for him to sign the registration form authorizing you to register at the property.
  • All family members over the age of 18 have to sign the registration form in person. For minors the family book or birth certificates and passport have to be presented; the registration can be signed by parents.
Come to the Mijas Town Hall or the Branch Offices in La Cala or Las Lagunas with the above documents and the procedure will take approximately
10 minutes. You will be issued with a certificate of registration (Certificado de Empadronamiento) that will have your name, NIE number and address on it. This certificate is valid for 3 months but will be issued again upon request.
Please Note: It is very important if you leave Spain to live in another country or move to another municipal, that you go to the Town Hall and inform them so that you will be taken off the padrón.


The Town Hall will send you a notification if and when renewal is necessary. Usually it is 2 years if you registered with a NIE certificate and 5 years if you registered with your residence certificate.

The Foreigners Department of the Town Hall in La Cala de Mijas.

Information given on this page is provided by the Foreigners Department and is available as an information leaflet



Tenencia de Alcaldía de La Cala, Bulevar de La Cala 45, 29649 Mijas Costa, Málaga

Tel: 952 58 90 10, Fax: 952 58 90 11, email: frd@mijas.es

Certificate of Residence in Spain

Certificate of Residence in Spain


It is a requirement of Spanish Law that every European Citizen spending more than three months in Spain shall obtain a Certificate of Registration as a Resident. This certificate is not valid as identification but is necessary for various matters including gaining employment. It does however include your N.I.E. identity number, which everyone living in Spain must obtain.

EU citizens will receive a Certificate of Registration in the Central Registry of Foreigners immediately on applying for it, and this will not expire. If you do not have permanent residence, ie: non-EU nationals, you will have to re-apply after 5 years of the date stipulated on your certificate.

You may obtain an appointment with a national police station either by phone on 952 197 114 (in English) or 952 198 355 (in Spanish) or by going there personally (for Mijas residents, this is situated in Avenida de los Condes de San Isidro 98, Fuengirola ).

You will advised at the meeting of any payments that will need to be paid, using form 790. The certificate will be available for collection in around 3 days, and upon presentation of the stamped 790 form(s).

N.I.E. Number (Número de Identidad de Extranjero)

If you don’t have an N.I.E. number when applying for the Certificate, they will give you one automatically – you don’t have to make a separate application. This number is issued by the immigration service to anyone living in Spain, and is used on all the usual transactions where proof of address is required, for instance, opening a Spanish bank account or registering a phone line at your property.


Required Documents for your application

Forms EX-18 and EX-15 are available from the National Police and from the Mijas Foreigners Department. These must be presented already filled in. The Spanish version of the forms must be presented, but they are also available for download in English, German and French. The Mijas Foreigner Department will be able to help with translation and filling out the forms into Spanish.

You can download the necessary EX-forms from the Portal for Immigration Website and the Payment Form 790 from www.mir.es.

Please note:

These .pdf forms contain editable fields and you will need Acrobat Reader, free for download from Adobe. https://get.adobe.com/reader/

You now have to fulfill the following conditions in order to become a resident of Spain:

In all cases you have to present:

1. A completed Application Form — (modelo EX-18)

2. Original passport and photocopy.

3. Payment form 790

A fee of 10,60€ will need to be paid at any bank using Payment Form 790.

4. Proof of the following:

  • Being employed as a worker in Spain.
  • Being a self-employed worker in Spain.
  • Having sufficient funds for you and your family members so that it does not mean a social burden for Spain during the period of residence. ? If you are a pensioner, this is simple, just present a Spanish bank certificate stating that you receive your pension monthly. If you do not receive your pension via a Spanish bank, you have to present the Pension Document from your country of origin stating the amount and this has to be legally translated and legalized.
  • Having medical coverage (public or private) with coverage in Spain for the period of your residence that offers the equivalent to that of the Spanish Social Security. ? If you are a pensioner, this is simple, just present your S1 (previous E-121).

To obtain your N.I.E. Number

5. Completed NIE Application Form ( Form Modelo EX-15)

6. Original Passport and photocopy.

7. Payment Form 790

A fee of 9,45€ will need to be paid at any bank on Payment Form 790.

The Foreigners Department of the Town Hall in La Cala de Mijas.

Information given on this page is provided by the Foreigners Department and is available as an information leaflet



Tenencia de Alcaldía de La Cala, Bulevar de La Cala 45, 29649 Mijas Costa, Málaga

Tel: 952 58 90 10, Fax: 952 58 90 11, email: frd@mijas.es