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Knowing The Law In Spain

Schools

Harry King retired from corporate life in Britain to live in Spain. He would do so all over again if faced with the same decision, and now lives in Alicante. He is the author of a number of books including Going to Live in Spain, Buying a Property in Spain and Buy to Let in Spain.

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SCHOOLS

The Spanish educational system

Schooling is compulsory between 6 and 16 years of age. Below the age of 6 years schooling is optional and dependent on availability in the immediate area. It is common to send children to school from about the age of 3 years but starting infant school at this age is not compulsory. Although the academic year runs from September until June, children start compulsory schooling in the September of the calendar year in which they are 6 years old. In order to progress from one cycle of education to the next, students in Spanish state schools have to meet teaching and learning objectives. Compulsory schooling could last longer than in the UK where students progress from one year to the next automatically.

A Certificate of Secondary Education is awarded at the end of compulsory secondary education to students who achieve the required grades. They can leave the education system or can apply for either academic or technical Bachillerato vocational training. Students with appropriate qualifications and wishing to progress to a university in Spain usually take an entrance exam. The Certificate of Secondary Education is not inferior to a number of GCSEs and the Bachillerato is not inferior to A levels. Therefore students obtaining the appropriate grades required for entrance into universities in the UK are not precluded because they have Spanish qualifications. Parents must pay for books, materials and any extra-curricular activities. Low income families may be able to get a grant for these items. School uniform is not always a prerequisite.

Spanish schools

Spanish schools can be state or privately owned. Fees are payable in some private schools but not all. Some private schools subsidised by the Spanish government are, if you like, ‘grant maintained’ and therefore tuition is provided free.

The language of instruction is Spanish or a combination of Spanish and a regional language. Teachers employed in the state sector do not necessarily speak English and in any event lessons are not taught in English. If English is taught as a foreign language, which is mostly the case, there is an English teacher at the school whose main job is to teach English as a foreign language.

The school year runs from about mid-September until about the end of June, but dates vary according to age group and region. There are no half-terms as such but there are other holidays besides Easter and Christmas which vary according to where one lives.

To apply for a place at a Spanish state school which is publicly funded you need the parents’ passports, the child’s full birth certificate, marriage papers and documentary evidence of domicile in Spain. For older children, age 14 upwards, it may be necessary to have results of their studies in the UK officially validated.

International schools

There are a growing number of international schools in Spain that follow a British curriculum. Fees for day students are usually cheaper than school fees in the UK but demand for places can be high. Some English speaking private international schools follow the American curriculum, rather than the British one. Whichever style is chosen, most international schools are required to teach a small part of the Spanish curriculum in addition to the international one.

Bilingual schools

There are few private schools in Spain with bilingual programmes. These are different from most international schools because children will be taught in more than one language. Many bilingual schools are private schools in that they do not receive any funding from the Spanish government but some grant maintained private schools offer a bilingual education too.

Statistics

Education statistics make interesting reading. Thirty per cent of Spanish schoolchildren are currently being educated in private schools, most of which are coeducational day schools. Ninety per cent of all children between the age of 4 and 5 attend nursery school and over 55 per cent of students remain at school until their 18th birthday. Of these, a further 25 per cent go on to vocational training and 30 per cent to university.

Foreign children

As with any state system, Spanish schooling is not without criticism, some complaining it is weighed down with traditional and unimaginative teaching methods, poorly paid and poorly motivated teachers. But this view is not universal. One UK mother of 5 children has nothing but praise for the Spanish school system. She was delighted that her children were doing so well at school and, more importantly, were happy, well adjusted kids.

The younger a child when entering the Spanish school system, the easier they cope. The language is assimilated quickly and although the first month can be traumatic, it isn’t long before young children are speaking Spanish well. It is also the case that the older child has greater problems. Teenagers find it much more difficult learning the language, integrating socially and dealing with a demanding school curriculum. The result is an unhappy child at a difficult time in life and poor school results.

It is understandable that so many older foreign children coming to live in Spain are sent to private, English run schools. Here they can continue in the education system they know and at the same time learn Spanish. Many expatriates with younger children choose to start their child’s education in Spanish nursery and primary schools and then switch their secondary education to a private school.

Most foreign children cope well with being educated in Spain be it private or state education. Living in a foreign land is an adventure which offers both change and challenge and most rise to the occasion. In no time at all their thinking becomes international, allowing their behaviour to become the same in later life. Spanish children are aware that the EU is made up of many different nationalities as most attend schools with pupils from different countries.

HEALTH SYSTEM

The Spanish are healthy people. Their diet of fish, fresh fruit and vegetables, olive oil instead of unsaturated fats, plus a glass of red wine per day contributes to this. For sufferers of rheumatism, arthritis and bronchitis, Spain’s climate is therapeutic. A relaxed lifestyle can have a positive effect on mental health since it is a well-known fact that people who live in sunnier climates are generally happier than those who live in cold, wet climates.

Spain has no special health risks apart from over indulgence. The tap water is in the main drinkable, although during periods of shortage the quality may suffer and people revert to a bottled variety. Drink the red wine too, which is plentiful, cheap and beneficial when consumed in moderation.

Complaints associated with smoking-related ailments are high. Smoking is the leading cause of death among adults, with cheap cigarettes causing 55,000 deaths per year, no doubt because Spain has the second highest number of smokers in the EU.

Health care facilities are good. Medical staff are highly trained and hospitals equipped with the latest technology. The public and private systems live happily together. The Red Cross also makes an important contribution.

Visitors

EU residents visiting Spain can take advantage of health care agreements providing their home country has a reciprocal agreement with Spain. The UK does. EU residents should apply for a certificate of entitlement to treatment, known as form Elll, from their local post office three weeks before planning to travel. The Elll is valid for three months only and must be stamped prior to departure. If the Elll is used for valid emergency or urgent medical treatment, present the form plus a photocopy to the medical practitioner or hospital providing the treatment. If payment is required obtain a receipt, and apply for reimbursement back home.

A person under retirement age who has paid regular social security contributions in another EU country for two full years prior to coming to Spain is entitled to public health cover for a period of six months by remitting costs of treatment to their former social security system. For ex-UK residents this benefit is approved in advance by the Social Security office in Newcastle.

New permanent residents

Temporary health cover administered through form Elll is not an acceptable solution for Spain’s new permanent residents. It is of course possible to take out medical insurance, which is one way of dealing with this issue. Emergencies, visits to the doctor and hospital are normally covered by such a policy but medicines and dental treatment are not.

Public health benefits, under the Spanish state health scheme called INSALUD (Instituto Nacional de la Salud), include general and specialist medical care, hospitalisation, laboratory services, medicines, maternity and some dental care. Anyone who pays regular social security contributions to INSALUD by virtue of their employment is entitled, for themselves and family, to free medical treatment.

Free entry into the scheme is allowed for:

  • EU residents holding a residencia who are in receipt of a state pension and are over 60 (woman) or 65 (man).
  • A dependant of someone (wife or husband) can also enter the scheme provided they are both residents of Spain. For example a man not yet 65, who is married to a wife who is 60, is regarded as a dependant and both are entitled to enter the scheme.
  • EU nationals, resident in Spain, who are disabled or receive invalidity benefit.
  • EU nationals of retirement age, but not in receipt of a pension, may be entitled to health benefits.

Here is the procedure to obtain a Tarjeta de Sanitaria (health card):

  • Obtain form E121 from the Social Security Office back home.
  • Assemble a residencia (or proof of application), a passport and a copy, and NIE.
  • Go to the appropriate social security office to complete some paperwork.
  • Follow directions to a nominated medical centre which will allocate a doctor.

What to do in an emergency

Emergency medical services in most EU countries, including Spain, are good. In a life-threatening emergency call for an ambulance and mention the nature of the emergency. Telephone numbers, which can vary from province to province, are in the phone book, near the start, under the heading Servicos de Urgencia. Ambulances come under the umbrella of social security ambulances, Red Cross ambulances or 24-hour private medical centre ambulances. They are equipped with emergency equipment and staff trained to provide first-aid. The ambulance service is usually free.

Taxis must, by law, transport medical emergencies to hospital when requested to do so. A private car can claim priority when transporting a medical emergency by switching on its hazard warning lights and waving a piece of white material from the window.

In an emergency go to the hospital casualty department, or a 24-hour public health clinic. It may be important to check which local hospitals are equipped to deal with the situation. In an emergency a hospital must treat you, regardless of your ability to pay.

Doctors

Finding a doctor who speaks English can be a problem. In the public sector the doctors are Spanish and are unlikely to speak English. In the private sector, particularly in cities and resort areas, there are many English-speaking German and Scandinavian doctors. Private sector doctors advertise their services in the expatriate press.

Private health insurance allows an individual to choose a doctor from a list provided. Within the public sector the choice is nil – the patient is allocated a doctor. Within the private sector specialists do not require patients to have a doctor’s referral although this is necessary in the public sector.

Chemists

A chemist (farmacia) is recognised by the sign of a green cross. The address of the nearest 24-hour chemist and a list of duty chemists are posted outside and also published in local newspapers. A pharmacist in Spain must own and run their own business. Chains of chemist shops are illegal.

Private prescriptions cost 100 per cent of the cost of medicines. Prescriptions under the public health scheme cost 40 per cent, or nothing at all for a pensioner or disabled person. General medication, such as aspirin or cough medicine which can be purchased in supermarkets in some countries, can only be purchased from a farmacia in Spain. Chemists are highly trained and provide free medical advice for minor ailments. They are able to sell remedies without recourse to a doctor and can supply a wide range of medicines without prescription.

Chemists sell prescription drugs, non-prescription medicines, cosmetics, diet foods and toiletries. A drogueria sells non-medical items such as toiletries, cosmetics and household cleaning items, but not medicines. A herboristeria sells health foods, diet foods and herbal remedies.

Hospitals

Hospitales de la seguridad social (public hospitals) and hospitals privados (private hospitals) are the core of the health system together with other establishments such as nursing homes, emergency clinics and analyses laboratories. Admittance or referral to a hospital or clinic for treatment is by a doctor or a specialist. It is possible to leave hospital at any time by signing a release form.

For private patients it is essential to provide evidence of health insurance or the ability to pay. If a private insurance company does not have an arrangement with a hospital to pay direct, then the bill has to be paid by the individual and the cost reclaimed.

Spanish families are accustomed to looking after their relatives while in hospital and even after they return home. Patients are still expected to convalesce at home, not in a hospital, and they are often discharged earlier than would be the case in many other countries.

Most foreigners are very satisfied with treatment in Spanish hospitals. The difference in treatment varies little between the best public and private hospitals. It stands comparison with the best the UK can offer.

Dentists

There are many private English-speaking dentists. They are permitted to advertise their services and do so freely. Dentists expect to be paid immediately after treatment is completed.

Opticians

Although the optical business is highly competitive (simply count the number of shops in a main street) and prices for spectacles are not controlled, it is surprising to find glasses are more expensive in Spain than in other European countries. An ophthalmologist in Spain is the same as anywhere else – a specialist doctor trained in diagnosing and treating disorders of the eye, performing sight tests, and prescribing spectacles and contact lenses.

CUSTOMS CONTROL

The relatively free movement of people and goods within the EU means customs officials are rarely seen. Border posts are now unmanned boundaries as vehicles move freely between France, Portugal and Spain. Regular air travellers between the UK and Spain may have their passports checked when leaving and entering the UK but rarely when entering Spain. Since 1993 there have been no cross-border shopping restrictions within the EU for goods purchased duty and tax paid, providing all goods are for personal consumption or use and not for resale. Although there are no restrictions, there are levels for items such as spirits, wine, beer and tobacco products, above which goods may be classified as commercial quantities. Duty free shopping within the EU ended in 1999, although it is still available when travelling outside the EU.

Things are different however, very different, when entering Spain from Andorra, Gibraltar and Morocco. These countries open up an opportunity for duty-free shopping, or in the case of Morocco shopping outside the EU. While Gibraltar is convenient for ex-pats living on the Costa del Sol, it is Andorra which is Europe’s biggest duty-free shop with considerable savings being made on alcohol, tobacco, food, watches, cameras, electrical goods, perfume, luxury goods and petrol1.

For each journey to a non-EU country such as Morocco, travellers aged 17 or over are entitled to import the following goods purchased duty-free. As duty-free allowances apply both to the outward and return journey, the combined total of double the limit can be imported back home:

  • one litre of spirits (over 22° proof) or two litres of fortified wine, sparkling wine or other liqueurs (under 22° proof);
  • two litres of still table wine;
  • 200 cigarettes or 100 cigarillos or 50 cigars or 250g of tobacco;

  • 50cc of perfume;
  • 250cc of toilet water;
  • other goods including gifts and souvenirs to the value of 175€ such as rugs, leather goods and spices.

To and from Andorra the duty free limits are:

  • 1.5 litres of alcohol over 22° proof or 3 litres of alcohol under 22° proof;
  • 5 litres of still table wine;
  • 300 cigarettes or 150 cigarillos or 75 cigars or 400g of pipe tobacco;
  • 75g of perfume and 375ml of toilet water;
  • up to 175€ worth of agricultural goods, although there are limits for some products such as milk (6 litres), butter (1kg), cheese (4kg), sugar (5kg), coffee (lkg) and tea (200g);
  • up to 525€ worth of manufactured goods such as electrical and luxury items.

Duty free allowances for Gibraltar are:

  • 200 cigarettes;
  • one bottle of spirits;
  • 200 litres of petrol;
  • any other purchases to the value of 175€ such as goods from English chain stores.

A resident outside the EU can reclaim Value Added Tax (IVA) on single purchases over 100€ made in Spain. Large items can be sent directly abroad and IVA will not be added. At airports it can also be reclaimed at a special Europe Tax Free Shopping refund area. For smaller purchases an export sales invoice is provided by retailers which is registered by a customs officer upon leaving Spain, with an IVA refund posted or credited to a card.

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