ENTRY & RESIDENCE REQUIREMENTS  

Who is a resident?

Students/ EU National dependants of an EU National/People living and working legally and paying Social Security in Spain/Retired workers who have lived in Spain for more than 3 years and paid Social Security for the last 12 months

Those not seen as Residents are? Pensioners retiring to Spain/Dependants of an EU citizen who are themselves non-EU citizens and anyone planning to live in Spain but not earn an income, ie self sufficient.

It is worth noting...

It is possible to not become a resident Ie... still be a visitor/tourist but become a fiscal resident if you stay for more than than 183 days in the tax year. This means you should file a tax return. You will not though recieve any of the benefits that come with being a resident but you WILL pay tax as a non resident. T

This means that since April 2007 when the new Residency Certificate or better known certificate of  Registration came out to prove full residency in Spain a Fiscal Residency Certificate is now required to show permanent residency which is not the same thing and so when carrying out transactions at any public Notary anyone not in possession of this document treated as non-residents and pay any tax es that arise for non residents whether they are or not. 

If you are a resident you will be liable for capital gains, income tax and inheritance tax on your worldwide assets

The Oficina de Extranjeros in Madrid can be contacted as follows:
C/ General Pardiñas, 90
28006 - Madrid
Tel.: 913226801 Comunitarios
(Open from 9.00 to 19.00 Monday to Thursday and from 9.00 to 14.00 on Fridays)

EU Directive on Residence cards read here in PDF format. Basically there is no need to apply for a residence card now (even if you want to you cannot) you need now apply for the new Residence certificate or newly named certificate of registration which is still not as easy to aquire at the moment as we would like with everyone else trying to apply for one at the same time!

The certificate is not only Spain but in all EU countries and it is valid for a lifetime unlike before when the card was renewable after 5 years.

Certificates of Registration

To obtain your Certificate some places only do an appointment system whilst others mean you getting up very early in the morning to obtain first, one of a set amount of numbers issued each day. Depending on staffing levesl it could be 50 or 100 issued depending on where you are. Then you return later in the morning at a time specified to apply for the certificate with all your paperwork. This now is the procedure at least in Elche (also for the NIE numbers) you get in the same queue and if you are an early riser and lucky enough to get this ticket you will get the certificate of registration but most likey not the NIE. This you will probably have to return for in a week to 4 weeks time.

You can NOT get a proper 100% medical covering card now without a new PADRON that is less than 3 months old. You also now need the certificate of registration and If possible some verification from the Social Security in your country of origin i.e. the E121, E106, E109 or a letter in Spanish stating you are not eligable for Health care in your country of origin, but at least the European Health card, which, if you are on holiday will be all you have.

Government delegate encourages reporting those who demand to see a ‘residencia’
By James Parkes

In an interview with Costa Blanca News, government delegate for Alicante Etelvina Andreu has answered the many questions posed by residents with the abolition of residencias that came into effect on Wednesday.

March 28 saw the enforcement of Royal Decree 240/2007, which rules residencias unnecessary for EU expats living in Spain.

As central government’s highest representative on the Costa Blanca, government delegate Etelvina Andreu along with British Ambassador to Madrid Sir Stephen Wright KMGC, discussed the new situation with CBNews and answered many of the questions raised since the decree was announced.

Sra Andreu told CBNews: “Residencias are now completely unnecessary for EU citizens. All that will be required as formal ID from any official body or officers of the law will be a passport.”

The government delegate also assured CBNews that meetings had been held with the School of Notaries and other official and professional bodies to ensure they no longer demanded to see ‘residencias’ as official ID in property transactions and other business.

Nonetheless, as pointed out by CBNews, many entities may continue to request a residence card as a form of ID for permanent residents.

In these cases, Sra Andreu was adamant: “Report to us (the government delegation in Alicante), or via the newspaper, and we will pursue the matter. ‘Residencias’ cannot be demanded.”

When asked about everyday transactions such as purchases with credit cards, Etelvina Andreu insisted: “No one should request to see a residencia, a passport will suffice,” and went on to point out that legally only officers of the law can demand a citizen produce a form of ID.

THE NEW CERTIFICATE

One of the many queries made to CBNews has been the certificate of registration on the Registro Central de Extranjeros.

Sra Andreu said that as proof of ID such a certificate was worthless, as it bears no photo or fingerprint. It is, like the local town hall Padrón certificate, simply a piece of paper saying that the person does live in Spain for more than 3 months and has a legal address and ID number, it does not necessarily mean they are full time residents but it does catch many people now who were not declaring holiday homes etc

However, this certificate is not a replacement for the residence card.

Etelvina Andreu warned: “There is absolutely no need to rush down to your nearest National Police station to get the certificate. Those who have a valid residence card are already on the register, the certificate simply confirms it, but it will not be required as ID.”

The certificate can be requested when your current ‘residencia’ expires. However, new residents must call in at a National Police station and register once they have spent 3 months in the Country.

The government delegate said she was puzzled over the fact that British citizens, who are accustomed to not carrying ID cards in the UK, are by far those who most demand the residence card although it is no longer necessary. "Not sure why this is puzzling as if the Spanish we live along side have them and we want to integrat into the country and live alongside them as they do, we are again being made to feel like we have not got the same rights here."

CBNews pointed out that although many were aware that it is no longer obligatory for the majority, having a ‘residencia’ despite the bureaucratic hassle involved in the process, was far easier than having to explain and in many cases carry along a lot of paperwork to prove you didn’t actually need one. Exactly!

EMBASSY ADVICE

British Ambassador Sir Stephen Wright agreed with the government delegate’s statements and insisted on the need to carry a passport as a form of ID.

He also made a call for all British citizens who live in Spain to register at their local town hall ‘Padrón’ and thus be accounted for as residents in Spain with all the benefits this entitles them to.

The conclusions drawn from the interview were clear: Residencias are no longer required and those who demand to see them can be reported to the authorities; passports or a national ID card are the only official forms of ID required for EU residents in Spain and the Registro de Extranjeros certificate is not a new form of ‘residencia’.

As has already been said, it is now no longer lawful for the Spanish authorities to impose any penalty for not applying for, or producing, a residence card as for those that are not already in possesion of this they will be unable to apply, and anyway since European law takes precedence over domestic laws of Member States it is unlawful full stop.  However, some authorities here, including Notarios, will not proceed without the production of a residency card, passport and NIE number if you are classed as a resident but in these cases you can get your solicitor or representative to obtain a fiscal residency certificate.

All expatriates and family members, where they are an habitual resident of Spain and where they have not yet applied for a residence card,  must at least register on the Padron held at their Town Hall in their area of residence. You should be asked to make a declaration of an intention to take up permanent residence in Spain. You will probably (always in some town Halls) also be asked to provide some proof of this, such as the title deeds showing you own a home, or a rental contract. You also have the right to vote. Again with your NIE number and passort and copies of. 

If you do not do this, your rights in respect of capital gains tax may be put at risk, should you decide to sell your property (as residents of Spain have preferential treatment over non-residents when it comes to taxation rates). You will also (if you obtain residency) be entiltled to receive a better deal at the bank because a non-resident account has fees which do not apply to a residents account! So If you are resident in Spain, remember to let your bank know as you should pay less tax on your account, and enjoy more privileges. Taxes with regards to capital gains have also changed and you can find out about this in the Tax section of my website!

Also, you have a liability to make an annual income tax return and to pay income tax in Spain. As a non resident you also have a liability to pay certain taxes, again please see the tax section, however this is also being updated all the time, so any information should be checked before it is taken as gospel at the time of reading.

Information on the application process, and the documentation necessary to obtain the New Certificare of Registration

Empadronamiento: It is obligatory to enter on the municipal register (padrón municipal - a list of residents) at your local town hall once you have become resident even if you are not actually applying for certificate of registration so this is even people who have holiday homes and do not spend any more than the allocated time here. At the moment some towns are saying no registration certificate no padron, however at the moment March 08 you can make your first application to be put on the padon with just the normal passport, copy of and NIE as well as proof of address. This is in Albatera and up to and including March 08. Now this is interesting as apparently in January you needed to be on the padron to get a certifcate of registration, in the first place now supposedly according to many town halls you need to get one to be on the padron... however I will keep you informed... watch this space! As far as I am aware the comiseria are still asking for the Padron, so you tell me! As always please check when you are going through this process with the town hall you are registered in and the comiseria you are signing in!

Copy of Escritura/Copia Simple in some towns such as Albatera it is now sometimes necessary to have this stamped in planning, this is where the architects office will check on the town plan ask if this is the true location of your house and give you a stamp and sign it. You are then able to copy this for yourself, there is a papeleria just around the corner, as in Albatera this will be kept by the relevant office.

You will also need Passport - original and copy of

also NIE numbers - Otherwise known as Fiscal Identity Numbers.- (which you do need to enable you to buy a property or a car in Spain). If you reside in Spain, or even if you own a property and are non-resident, you need a Numero de Identificacion de Extranjeros (NIE)  you cannot without this purchase or sell a property. This number identifies you to the Spanish taxman and is required when you pay your taxes or have any dealings with the Hacienda (Spanish tax office).

How to obtain an NIE number

NEW... for 2008... You will need to obtain a Bank paying-in slip called Modelo 790.. Yes now you have to pay for this too the current fee for March 2008 is 15.70 but please check before you set off as this has gone from free to 9 euros to 15.70 in two months so far...

• This can be obtained from the National Police stations
• This form has to be taken to a Bank where you will pay the fee for the NIE number just write your passport number in the boxes where it says NIE number, I imagine when they get round to it they will have amended forms but for the moment this is what is happening, remember not all banks are up to date with this information at the moment so you may have to be persistant and occasionally try more than one and they may not necessarily know the fee them selves! so you have to make sure you do...then...
• Present yourself at the nearest police station with a foreigners’ department (comisaria), you need to be there very early and you need to queue, tickets are normally issued from 8 am and you need one ticket for each application and along with your passport and a photocopy of it and a passport size photograph and the copy of the paid modelo. with all these and the necessary form filled in...
• Filling in the form, see below  for help with this...but you can also do so here on line before you leave, print off two copies and keep the copy which will be given back to you, this is your reciept and then wait for the number to be assigned, this can take anything from a few days to a few weeks unless you go to Alicante where it is possible to obtain one in the same day. I have obtained one in a day before in Elche but only once. The problem is they don't have the staff normally to do it all in one day. 
• Check with the comisaria how long the process will take as it varies from a few days to a few weeks, and remember to take your passport and the copy of the form when you go to collect the NIE certificate from the comisaria. Obtaining this NIE is this first thing you should do if you plan to do anything fiscal in Spain so any large transaction that included a tax payment.  Please be aware that you need to apply in your own locality too, so if your address is Torrevieja then thats where you apply, however anyone in this area can apply in Alicante. They are not normally interested who's address it is but it has to be in their area. Many people use friends addresses or their solicitors address as if you are needing and NIE to buy a pproperty then you wont have an address of your own yet!

Completing the Form

See example below

SECTION 1

DATOS PERSONALES means PERSONAL DETAILS

1. Apellido: Surname
2. Apellido : (second Surname) Write three chiffons instead (---)
3. Nombre : Christian Name (make sure to use same as in passport)
4. Fecha de Nacimiento: Date of birth (use two digits for day and month)
5. Lugar de nacimiento: Place of birth
6. Sexo : Gender "H" for Male (Hombre) and "M" Female (Mujer). X cross the one applicable
7. Estado Civil: Status. S for single C for married. V for widow and D for divorced
8. País de nacimiento: Country of Birth

9. País de nacionalidad: Current Nationality

   Domicilio en España: Address in Spain (if you have one, otherwise leave blank)

SECTION 2

Where you are you applying? Spain if applying here otherwise the relevant country and office of application

SECTION 3

Reasons for application:

Economic, Professional or Social (Tick professional for work reasons or social for house purchase)

SECTION 4

Details of representative if applicable
( Anyone can go with you and show their own passport to collect the number on your behalf when it is ready , they just need your permission and sign in your presence and are there on application)

SECTION 5
 

DOMICILIO A EFECTOS DE NOTIFICACIONES

Leave blank if you wish as you pick up the NIE yourself or with a passport and their signature you can appoint a representative.

Sign the form at the bottom, under 'firma de solicitante'. This has to be done in the comisseria only
 

Complete the form and along with the photocopy, your original passport and a photocopy and one passport size photograph. That's it ! You will then be told to return in approx. 1-4 weeks time when your number will be ready to collect. As I state before you do need this number to do anything fiscal in Spain however, you can open a bank account with your passport number but if at all possible have your NIE as banks are now asking for this as a matter of course.

If you need an NIE quickly you can visit Alicante but a very early morning is even more crucial and you may be hanging around for a few hours, however you should get the number in one day but it is much better and less stressful to be really organized and do this at the local comisseria in plenty of time and either collect on your next visit or get a representative to collect on your behalf! easy this way...There are only so many tickets issued on one day so you have to be up quite early! No ticket´s left and you need this urgently can be quite stressful! One ticket one number too!

This is the most up to date form for NIE available here on-line to fill in as necessary and this is what it look like...

If you apply for a Certificate of Registration this is the form
(which is basically the old residence card form)

How to Apply ...

• You will need to obtain again a Bank paying-in slip called Modelo 790
  • This can be obtained from the National Police stations
  • This form has to be taken to a Bank where you will pay the fee for the Residents Certificate which is currently 6.80€. as of March 2008 again please check things can change all the time... and they do!
• A completed application form which you can get from here EX16 and 1 photocopy of it. (This form is also available from the National Police Offices)
• Your passport and a photocopy of it.
•  Your NIE number
•  A recent copy of a Padron less than three months old

 Take the items listed above to one the following offices depending on where your address is:

Oficina de Extranjeros, Calle Campo de Mirra 6, Gran Via, Alicante.  (Open Monday to Friday 9am – 2pm and 4pm – 7pm.) 

The Policia Nacional Office at Calle Sol.  Orihuela.   (if you reside in the Orihuela Costa area) open 4.00pm to 7.00pm

The Policia Nacional Office at Calle Abeto 1. Elche, (if you reside within the municipal boundary of Torrevieja or Rojales).  open 9.00am to 2.00pm  

These certificates are used by the provincial central police station in the province where the applicant is resident. Applications must be made in person to the nearest National Police Station with a foreigners department...

TIP for you...if you have any in return please email ...click here...

For reasons of Spanish bureaucracy it is advisable to request a list of documents required before hand as you will need to return if you do not have the correct paperwork with you that reflects your own personal situation at that particular time. Unfortunately the documents required do sometimes vary from area to area and also depending on the mood of the person you are dealing with - I am sorry to say!

Renewing a Residencia

If you already have an in date residence card you can use this until it expires, when it does, you will not be able to renew it but along with everyone else will then have to apply for a certificate of registration as above. Which is in my opinion a real shame. The residence card at least is a form of photo ID after all!  The same if you lose your card before it runs out, you have to apply for a certificate, so like I am doing hang on to that card, I have 3 years to run on mine!!