Return from Spain to Poland - formalities

Spain is a popular holiday destination for Poles, and more and more compatriots are also choosing the country for their temporary or permanent residence. However, there are also those who, after an extended stay in Spain, decide to return to the Vistula. What should be kept in mind when moving from the homeland of Cervantes to Poland?

What formalities must be completed in Spain?

Before leaving Spain, it is necessary to settle all issues related to housing and work. It is a good idea to get started early, as some of the formalities can take several weeks or even months.

Termination of lease agreement

In the case of renting a house or apartment, a formal notice of termination must be given, as failure to do so may result in an automatic renewal of the contract (this is known as a silent renewal). In Spain, the tenant can terminate the contract after 6 months of signing it by giving the landlord at least 30 days' notice. The notice must be sent by registered mail with acknowledgment of receipt. In order not to make a mistake and avoid an unwanted extension of the contract or retention of the deposit, it is worthwhile to consult a lawyer on the matter.

Termination of utility contracts

Other issues related to the apartment should also be settled before leaving Spain. The tenant should pay all outstanding bills and terminate contracts with utility providers prescribed to him (e.g., water, electricity, gas, Internet, television). It is a good idea to arrange with the utility providers for a final meter reading on the day you move out. If you can't pay your dues right away, provide a contact address where the final invoice will be sent. If the contract is not terminated, the new tenants' utility consumption will be charged to the previous tenant's account.

Settling business affairs

Persons employed under a contract of employment should also take care to properly terminate the employment relationship with their employer. The contract can be terminated by mutual agreement or unilaterally with sufficient notice. When voluntarily resigning, the employee is required to give 15 days' notice, unless a collective agreement (convenio colectivo) or contract provides otherwise. This term is commonly used for indefinite contracts, as well as for middle and senior management positions.

Next, the employee should complete the documents proving employment in Spain. These include, in particular:

• a certificate from the employer of termination of employment (certificado de empresa);
• employment contract (contrato de trabajo);
• pay slips (nóminas).

Benefit formalities

It is a good idea to ask the Spanish social security system (Seguridad Social) for a Vida Laboral, a report showing your employment history in Spain. This document may be needed to obtain an international PD U1 form confirming periods of employment or self-employment. This will ensure that your work in Spain will be counted as part of your length of service when determining your eligibility for unemployment benefits, employment benefits or applying for a pension. The PD U1 document can be obtained from the labor office responsible for your place of residence (Servicio Publico de Empleo Estatal).

Transcription of birth certificate

For families with children, additional paperwork may be needed. If the child has already been born in Spain, you will need to request the entry (transcription) of the foreign birth certificate into the Polish civil registry. This can be done at any civil registry office in Poland or through a consul in Spain. The application should be accompanied by, among other things, a Spanish birth certificate with a translation made by a sworn translator or consul.

Identity document for the child

Next, you need to get your child an ID card - a birth certificate alone is not enough to travel abroad with your child. To do this, after transcribing the birth certificate, you need to apply for an ID card or passport, which can be done online or at the office. While in Spain, it is best to go to the consulate and get your child a passport, which allows you to travel around the world. When you apply for a passport, your child is automatically assigned a PESEL number.

Completing school documents

Before leaving, parents should also remember to bring documents confirming their child's attendance at a Spanish school. According to Polish law, this can be:

• certificate, certificate or other document stating the completion of a school or subsequent stage of education abroad; or
• a certificate, certificate or other document issued by the school abroad, confirming the attendance of a student arriving from abroad at a school abroad and indicating the class or stage of education the student completed at the school abroad, and a document confirming the student's total years of schooling or a written statement regarding the student's total years of schooling.

Foreign documents make it possible to enroll a child in a Polish school at the beginning or during the school year. The director of a Polish school may qualify a student for the appropriate year of study, semester or class also taking into account the age of the student or the opinion of the parent or adult student.

Tax clearance

Before you leave, it is also a good idea to contact an accounting firm to discern your tax situation. Among other things, you should check whether it will be possible to obtain a refund of overpaid income tax (IRPF - Impuesto sobre la Renta de las Personas Físicas). In addition, those who have sold their own house or apartment will have to pay a profit tax (IRPF) and possibly a local land appreciation tax (Plusvalía Municipal). Property owners in Spain must also remember to pay the municipal property tax (IBI - Impuesto sobre Bienes Inmuebles).

What formalities must be completed upon return to Poland?

Those who have been in Spain for many years should check the validity of their documents (ID card, driver's license) and produce new ones if necessary. In addition, you need to report your arrival at the municipal office, and this applies to those who have previously reported their departure and stayed abroad for more than 6 months. You also need to register for permanent or temporary residence within 30 days of arrival. Next, health insurance must be taken care of and all new arrivals must be registered at a local clinic. Parents must enroll their children in a Polish school. Those who returned with their own car registered abroad must re-register the car with the department within 30 days communications.

This article was reviewed for accuracy by experts at Polonijka - Polonijna Szkola Podstawowa.