djs1234

Hi,
Does anyone know if fired/made redundant from a job in Gibraltar you can get unemployment benefit in Spain? Of course having lived and be an official resident in Spain.
Thanks

Rosemary

Hi and a warm welcome to the Spanish forum on BE. Myself and Fred James are the moderators for the Spanish forums whilst BEVS moderates Europe. Moderators are there to ensure that the site runs smoothly within the rules of BE. This is so that members gain the information that they are looking for and find their experiences on the forums to be friendly and worthwhile.

Problems and complaints should always be addressed to a moderator who will look into the matter and deal with it efficiently and fairly. Our members who post in the Spain Forums are usually friendly and helpful with a wealth of knowledge about the issues of living in Spain. I hope that you enjoy your time participating in the forums.

Please let me know if you need any further help.

Rosemary

Moses2013

If you haven't been employed in Spain, then obviously not.

snikpoh

... of course not. Just like you can't get any from UK!

If you're officially resident here then I presume you're paying tax here?

djs1234

Apparently if resident in Spain working in Gibraltar (as most people are who work in Gib) there is an agreement.
No opinions please, just if anyone has a real knowledge of the situation.

Fred James

If you work in Gibraltar, you pay tax in Gibraltar. If you are a cross border worker in Gibraltar and living in Spain you also have to make a tax declaration in Spain and pay Spanish income tax on your Gibraltar income.

You are allowed to deduct any tax paid in Gibraltar from the Spanish tax due.

Cross border workers

Moses2013

See information:
Everyone who is either working or self-employed in Gibraltar must contribute to the social security system. This includes non-residents. The only exemptions are if the local authority agrees that the person is paying contributions to their home country scheme which offers benefits which are equivalent to those offered by Gibraltar.


This is EU law:

In general, to receive unemployment benefits you need to stay in the country which pays your benefits. However, under certain conditions you can go to another EU countryIn this case, the 28 EU member states + Iceland, Liechtenstein, Norway and Switzerland.
to look for work and continue to receive your unemployment benefits from the country where you became unemployed.

You can carry on receiving your unemployment benefit for at least 3 months from the EU country where you were last working - and up to a maximum of 6 months, depending on the institution paying your benefit.

teejaydee

This website Finding Work in Gibraltar | Outside Andalucia | Andalucia.com contains the following:

Q: I live in Spain but work in Gibraltar, therefore I do not pay tax in Spain. Am I covered by the Spanish health service if anything happens to me?

A: If you are an EU Citizen then you have the right to formally register as a resident of Spain at your nearest Policia National station. This is a simple process that only takes an hour or so. When working in Gibraltar you pay Social Insurance of £102.87 per month. Due to a local agreement between Gibraltar and the provinces of both Cadiz and Malaga this is passed across and classed as your contribution. Therefore you are entitled to Healthcare, Schooling and Unemployment benefits in the same way as any other Spanish resident.

Moses2013

Exactly, you are treated the same way Spanish are treated, so get no unemployment benefits from Spain if you've never worked in Spain. The money would come from Gibraltar.

snikpoh

If this is, in fact, correct, why should people working in Gibraltar be treated any differently to people working elsewhere?

If you live in Spain then, by my understanding, you MUST submit a Spanish tax return which may or may not result in tax having to be paid in Spain!

Moses2013

Each individual working and paying social security in Gibraltar can elect for those payments to be transferred to their local social security office in Spain. It is a fairly easy procedure, in that you go to the social security office in Gibraltar and ask to fill in the form to transfer your social security payment to the seguridad social of your area of residence. The Spanish office then send confirmation of receipt of payments and issue you with a Spanish social security card.
You are then entitled to Spanish state health care, unemployment benefit, sick pay etc, and once enough contributions have been made, the Spanish state pension.


Many people worry that if they do this, then they would not be entitled to any health care in Gibraltar should they have an accident or fall ill while at work or visiting Gibraltar. Gibraltar is part of the European Union’s health care system and once you have your Spanish social security card, you can go to your local officina de seguridad social and ask for a “Tarjeta Sanitaria Europea” which is produced on the spot once a check is made to ensure that your social security payments are up to date in Spain. This card is valid in all EU countries and Switzerland (including Gibraltar).
To be fully legal, if you live in Spain for more than 183 days in any one year, you should also make a tax return in Spain. Unless you are a high rate tax payer in Gibraltar then you should have no more tax to pay. All it will cost you is the Gestor’s fee for submitting your annual tax return.