# Bank will not open an account for my wife because of her Origin!



## Wibs (Apr 1, 2015)

We are in the process of buying our holiday home in El Faro, and we complete on the 23rd June. We arranged for our lawyer to have power of attorney and to get NIEs for us, open bank accounts for us, arrange the utilities in our name etc. I was able to give the lawyer my passport for the NIE the last time I visited in March, (alone), and the lawyer opened a bank account in my name, and said she would have my wife's name added when she received the passport and got the NIE. My wife's passport was sent by courier and received last week, and the NIE was got today. However, when the lawyer went to the bank (Cajamar) to have my wife's name added, this was the reply:



> Unfortunately the bank is still asking for more documentation for your wife, as although she is of British Nationality then her origin is outside of the EU and they need the following documentation :
> 
> * Copy of labour contract
> * Copy of Payslip
> ...


My wife was born in China and had Chinese nationality. We married in 1996 and she came to live in England and after 4 years was granted British Citizenship and had to give up her Chinese nationality (China does not allow dual nationality).

I can't believe that as a British Passport holder the bank is asking for additional documentation based on her ORIGIN. Has anyone else experienced this?

Wibs


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## ptjd (May 27, 2015)

Interesting as I opened an account with Banco Popular last month. I am a US citizen and was born at an Air Force base in Japan as my dad was with the military so my passport says Japan as a place of birth. I had no problems opening an account, I assume Japan is not part of the 70 countries your lawyer mentioned.


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## Pesky Wesky (May 10, 2009)

Wibs said:


> We are in the process of buying our holiday home in El Faro, and we complete on the 23rd June. We arranged for our lawyer to have power of attorney and to get NIEs for us, open bank accounts for us, arrange the utilities in our name etc. I was able to give the lawyer my passport for the NIE the last time I visited in March, (alone), and the lawyer opened a bank account in my name, and said she would have my wife's name added when she received the passport and got the NIE. My wife's passport was sent by courier and received last week, and the NIE was got today. However, when the lawyer went to the bank (Cajamar) to have my wife's name added, this was the reply:
> 
> 
> 
> ...


Take it up with the British Consul?
Doesn't sound right to me


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## Expat den (Jan 24, 2015)

My wife was a Chinese national, but now is a British citizen, which she has been for about 20 years.
We moved to spain about 6 months ago and had no problems opening a joint bank account (Sabadell).

As Pesky Wesky said, "It dosen't sound right..."


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## Wibs (Apr 1, 2015)

Pesky Wesky said:


> Take it up with the British Consul?
> Doesn't sound right to me


I phoned the bank this morning. They explained that this was not the branch, or the bank, it was Spanish law. He said that if she was a British passport holder, but was born a different nationality, then for some previous nationalities, and China is one of them, then extra documentation is required. 

I am now thinking that all the countries that are not part of the worldwide agreement to provide banking information to America, as part of their money laundering regulations, are on that list.

Wibs


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## Pesky Wesky (May 10, 2009)

Wibs said:


> I phoned the bank this morning. They explained that this was not the branch, or the bank, it was Spanish law. He said that if she was a British passport holder, but was born a different nationality, then for some previous nationalities, and China is one of them, then extra documentation is required.
> 
> I am now thinking that all the countries that are not part of the worldwide agreement to provide banking information to America, as part of their money laundering regulations, are on that list.
> 
> Wibs


You may be right, and that is a fairly new piece of legislation, but it still doesn't seem right. However, it seems that 2 banks have said that this is true... I think the British authorities may be able to tell you more. However, if the Spanish banks have interpreted a law in this way, rightly or wrongly, then unless you take it to a higher authority then you're stuck with it.
Did your wife have to actually divulge the information of where she was born, or did they just look at her?
Maybe you could ask other Chinese people what they do?


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## Wibs (Apr 1, 2015)

Pesky Wesky said:


> You may be right, and that is a fairly new piece of legislation, but it still doesn't seem right. However, it seems that 2 banks have said that this is true... I think the British authorities may be able to tell you more. However, if the Spanish banks have interpreted a law in this way, rightly or wrongly, then unless you take it to a higher authority then you're stuck with it.
> Did your wife have to actually divulge the information of where she was born, or did they just look at her?
> Maybe you could ask other Chinese people what they do?


Your passport has your place of birth in it. Her passport photo shows she is Chinese.


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## Pesky Wesky (May 10, 2009)

Wibs said:


> Your passport has your place of birth in it. Her passport photo shows she is Chinese.


Ahhh. That's unfortunate, isn't it?


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## mlka (Sep 5, 2009)

I think you could be on to something here.

My partner has had the same problem with Sabadell recently.

She is a British passport holder but was born in Iran.

All of a sudden Sabadell wont let money be transferred into my partners account. the only explanation is that this is standard procedure and she must provide a whole raft of documents before they take this block off her account. the only things she has transferred to her are her Spanish wages and rent money from me.

they are obviously lying through their teeth as this is a basic banking process.

im guessing now its because her country of birth. absolutely shocking behaviour.


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## baldilocks (Mar 7, 2010)

SWMBO is Colombian by birth but British by naturalisation which is part of her being issued with a British passport. If the Chinese lady has been issued with a British passport then surely she is considered to be a naturalised British national, so there should be no problem - she is a EU citizen. We had no problems with opening a bank account in joint names with Caja Granada (now part of BMN).


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## angkag (Oct 29, 2013)

Having worked in the Finance industry for many years, and knowing the internal workings pretty well, it is often the case where there is various legislation to be followed, then each bank must interpret how to comply.

The interpretations can vary, and some banks can be overly conservative in how they change their procedures to what they believe is a compliant process. 

So when a bank says "ïts the law", they mean "this is what we believe we need to do to comply with current legislation ". Senior management in banks is generally of quite a low standard (don't even get me started on banker bonuses), and interpretations of how to comply with legislation often heavy handed. It hasn't been helped by the huge fines banks have been handed down in various places for doing various underhanded things, so they are now over-reacting a bit to be on the safe side.

But for sure, banking regs are changing at a hot pace and banks are struggling to keep up with it. Bottom line is that banks can often operate quite differently but still claim to be operating due to the same laws. I've often had the following conversation with financial institutions:

Bank: "its the law
Me: No it isn't, the law states.... "_quotes statute and actual requirements_"
Bank puts on manager: "its the law "
Me: repeats previous message
Finally getting to the chief counsel in head office who quickly confirms "he's right

Having to do legal work with 9 institutions once, this conversation repeated in 7 of them, with only two getting it right at the front desk.

So all a bit of a box of chocolates really....


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## Stevesolar (Dec 21, 2012)

Hi,
I think banks are very frightened of citizens of "good" countries who were actually born in "bad" countries.
They think people are using their British citizenship as a conduit to launder funds from their countries of origin - through friends, relatives or business associates.
This is a typically paranoid response from banks who are frightened of their own shadows.
Unfortunately, when "computer says no" - you are stuffed!
Cheers
Steve


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## smitty5668 (Feb 25, 2015)

wibs, just a thought was your wife born in mainland china or hong kong ? it might make a large difference.


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## Wibs (Apr 1, 2015)

smitty5668 said:


> wibs, just a thought was your wife born in mainland china or hong kong ? it might make a large difference.


Mainland. Beijing.


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