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Residency requirements spain 2013

26K views 112 replies 27 participants last post by  xabiaxica 
#1 · (Edited by Moderator)
Some info which is needed by all EU citizens

RESIDENCY REQUIREMENTS - SPAIN

(PLEASE NOTE RESIDENCY MEANS SIGNING ON A REGISTER. IT DOES NOT MEAN THAT YOU WILL HAVE TO GIVE UP YOUR PASSPORT OR SIMILAR)
Residency requirements

From 28 March 2007, Royal Decree 240/07 requires that all EU citizens planning to reside in Spain for more than 3 months should register in person at the Oficina de Extranjeros in their province of residence or at designated Police stations. You will be issued an A4 printed Residence Certificate stating your name, address, nationality, NIE number (Número de Identificación Extranjeros) and date of registration.

On 10 July 2012 the Spanish government introduced details of the new residency requirements for all EU citizens
Under the new rules, EU citizens applying for residency in Spain may be required to produce evidence of sufficient financial means to support themselves (and dependants). Applicants may also be asked for proof of private or public healthcare insurance.


Nationals of:

  • a member state of the European Union
  • other States party to the Agreement on the European Economic Area
  • Switzerland
have a right to reside in Spain for a period of longer than three months if they meet the conditions laid down in Article 7 of Royal Decree 240/2007, of 16 February 2007, on entrance, free movement and residence in Spain of Nationals of European Union member states and of other states party to the Agreement on the European Economic Area.

FROM THE FOREIGN AND COMMONWEALTH OFFICE
https://www.gov.uk/residency-requirements-in-spain
 
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#2 · (Edited)
Some info which is needed by all EU citizens

RESIDENCY REQUIREMENTS - SPAIN

(PLEASE NOTE RESIDENCY MEANS SIGNING ON A REGISTER. IT DOES NOT MEAN THAT YOU WILL HAVE TO GIVE UP YOUR BRITISH PASSPORT OR SIMILAR)
Residency requirements

From 28 March 2007, Royal Decree 240/07 requires that all EU citizens planning to reside in Spain for more than 3 months should register in person at the Oficina de Extranjeros in their province of residence or at designated Police stations. You will be issued an A4 printed Residence Certificate stating your name, address, nationality, NIE number (Número de Identificación Extranjeros) and date of registration.

On 10 July 2012 the Spanish government introduced details of the new residency requirements for all EU citizens, including British nationals.
Under the new rules, EU citizens applying for residency in Spain may be required to produce evidence of sufficient financial means to support themselves (and dependants). Applicants may also be asked for proof of private or public healthcare insurance.


Nationals of:

  • a member state of the European Union
  • other States party to the Agreement on the European Economic Area
  • Switzerland
have a right to reside in Spain for a period of longer than three months if they meet the conditions laid down in Article 7 of Royal Decree 240/2007, of 16 February 2007, on entrance, free movement and residence in Spain of Nationals of European Union member states and of other states party to the Agreement on the European Economic Area.

FROM THE FOREIGN AND COMMONWEALTH OFFICE
https://www.gov.uk/residency-requirements-in-spain
thanks PW - I'm going to copy/paste that into the first post of the FAQs thread........
 
#3 ·
also... from EU – Residence rights when working in another EU country - Your Europe        
Registration

During the first 3 months of your stay in your new country, you cannot be required to register (to obtain a document confirming your right to stay) but can do so if you wish.
After 3 months in your new country, you may be required to register with the relevant authority (often the town hall or local police station).
To obtain your
registration
certificate, you will need:
  • Employees / Postings abroad
    • Valid identity card or passport
    • Certificate of employment or confirmation of recruitment from your employer
  • Self-employed
    • Valid identity card or passport
    • Proof of your status as self-employed
  • Pensioners
    • Valid identity card or passport
    • Proof of comprehensive health insurance
    • Proof you can support yourself without needing income support.
 
#6 ·
In the interests of balance, the following extracts should also be quoted, I feel.

If you have to register, you may be fined for not doing so but may continue to live in the country and cannot be expelled just for this.

In many countries, you will need to carry your registration certificate and national identity card or passport at all times. If you leave them at home, you may be fined but cannot be expelled just for this.

You may live in the other EU country as long as you continue to meet the conditions for residence. If you no longer do so, the national authorities may require you to leave.

In exceptional cases, your new country can decide to expel you on grounds of public policy or public security but only if it can prove you represent a very serious threat.

The expulsion decision or the request to leave must be given to you in writing. It must state all the grounds, and specify how you can appeal and by when.
 
#15 · (Edited)
Here I go again with my twopenny worth.

We will be "early retirees" With income - NHS pensions and substantial savings etc etc.

Why on earth would we want to move to a foreign country and not register with the authorities, how can you honesty integrate with the local population, knowing that you are illegally there, forget under the radar, you are supposed to register, you are supposed to have declared tax returns etc, etc, It does not matter that some things have changes it is what it is.

The issue is, as an outsider, and if I may be so bold as to say. Some people want their cake and to eat it!. Spain, France etc are not outposts of the UK, they are not counties, if you want the UK benefits then stay in the UK.

If you want and adventure, like us, then you accept the risks as they come. We cannot wait, yes we have fears, but these endless threads about what Spain can and cannot do are really repeating the same mantra.

We have no issue with registering and having to show our income... and, the thought of having to prove income, made us think more about the costs of living etc
 
#18 ·
Here I go again with my twopenny worth.

We will be "early retirees" With income - NHS pensions and substantial savings etc etc.

Why on earth would we want to move to a foreign country and not register with the authorities, how can you honesty integrate with the local population, knowing that you are illegally there, forget under the radar, you are supposed to register, you are supposed to have declared tax returns etc, etc, It does not matter that some things have changes it is what it is.

The issue is, as an outsider, and if I may be so bold as to say. Some people want their cake and to eat it!. Spain, France etc are not outposts of the UK, they are not counties, if you want the UK benefits then stay in the UK.

If you want and adventure, like us, then you accept the risks as they come. We cannot wait, yes we have fears, but these endless threads about what Spain can and cannot do are really repeating the same mantra.
As Cambio says, why on earth would you want to move to a foreign country and not register with the authorities?

Here's some more information - this time about the Padrón or empadronamiento process from here https://www.gov.uk/residency-requirements-in-spain#benefits-of-padrn-registration

Who should register?

It is obligatory by Spanish law to register on the padrón at the Town Hall where you habitually reside, yet many British ex-pats still have not done so. Perhaps some view the padrón as a means of vigilance by the state, in ‘big-brother’ fashion. However, in reality, it is simply a way for the town hall to know how many people live in their area, without entering into investigations as to a person’s official residence status or financial affairs.

Benefits of padrón registration

Once you’ve completed the simple process, you can begin to enjoy all the advantages being on the padrón offers, such as:
Better public services

Access to benefits and social care

A reduction in taxes

Discounted travel

Voting rights

An easier life

see here for more details

https://www.gov.uk/residency-requirements-in-spain#benefits-of-padrn-registration
 
#17 ·
We were resident in Spain until December 2011.

We have the type of residencia card which does not have an expiry date on and says we are permanent residents. We never signed off the Padron (forgot).

Does this mean we could come back to live in Spain and just took up where we left off?

(Purely theoretical question).
 
#19 ·
  • Why would somebody not want to register?
  • Why wouldn't they want to be on the Padron?
  • Why would they want to be 'under the radar'?
To start with, -
  • there are those who are trying to avoid CSA (or whatever it is called these days)
  • there are those running/hiding from a vengeful spouse,
  • there are those of the criminal fraternity who, while not on any police wanted lists, are wanted by their previous companions who believe they are owed something (money, loot, etc)
  • there are those who might have absconded from prison
  • there are those who might have run away with an under age person for whom they had a duty of care
  • there are those who suspect they might be wanted for some crime
  • there are those who while not making it onto Crimewatch's Most Wanted list are on a wanted list somewhere
  • there are embezzlers, confidence tricksters, petty thieves, petty criminals in general
  • etc. etc.
Anyone who wants to set that to Gilbert and Sullivan's "I've got a little List" wins a prize.

Since we have been here, at least two people have "disappeared" to be guests of HM Govt. one of the was a pædophile, the other we aren't sure why, but he was still driving around in his UK reg car which somebody spotted.

Does that answer the question?
 
#20 ·
I was talking to a chap last friday who has been trying to register for years in Almeria. For some reason they refuse to do it even though he's had solicitors on the case. He has a child in the school system for the last 5 years. At one point he was told he could register here in Lorca & came armed with all documents , got all the way to the point of the certs. being printed when the lady said " Oh, you live in Huercal Overa, we can't register you as that's in Almeria."
He said he then gave up. He'd made 5 separate attempts.
 
#38 ·
This is a useful thread full of good information.

I have a couple of questions I'd appreciate some answers to if anyone knows the answers.

I've been considering spending some extended periods of time in the Spanish flat and according to the information here if I spend longer than 3 months there I should register.

Let's say for examples sake I'd like to spend 5 months at the flat next year. I should go and register and prove I have sufficient income, not a problem and healthcare provision. Is it possible to just buy 5 months of healthcare cover to cover the period I am out there?

Having registered and spent my 5 months there and intend to return to the UK and not wanting in any way shape or form to be caught up in their fiscal tax residency, do I then de-register and cancel my health policy?

Then go through the whole process again the following year if I want to spend another 5 months there?
 
#39 ·
As far as I know, once you have gone through the registration process, that's it, you don't have to do it again. Avoiding the 183 day rule gets you out of tax nightmares etc. There are some private health schemes where you can temporarily stop them whilst you are not in the country.
 
#40 ·
As far as I know, once you have gone through the registration process, that's it, you don't have to do it again. Avoiding the 183 day rule gets you out of tax nightmares etc.
Thanks for your reply.

I'm not sure what you mean by this, can you expand on this a little?

So if I don't de-register, is the onus now on me to continually prove to the Hacienda year after year that I am not in Spain for more than 183 days a year?

This is why I'm loathe to register into their system. It may simply mean that I either don't spend more than 3 months at a time there or I risk a fine by not registering when I'm staying there for more than 3 months but less than 6.

There are some private health schemes where you can temporarily stop them whilst you are not in the country.
That's useful to know thank you.

Presumably you then simply reactivate the insurance when you re-enter the country?
 
#46 ·
EU directives
What are EU directives?
EU directives lay down certain end results that must be achieved in every Member State. National authorities have to adapt their laws to meet these goals, but are free to decide how to do so. Directives may concern one or more Member States, or all of them.

Each directive specifies the date by which the national laws must be adapted - giving national authorities the room for manoeuvre within the deadlines necessary to take account of differing national situations.

Directives are used to bring different national laws into line with each other, and are particularly common in matters affecting the operation of the single market (e.g. product safety standards).

Bold is my addition
Application of EU law - European Commission

See also EU Law, EU regulations etc
 
#49 ·
Whilst you are correct, with the "directives" the idea is that they are enacted as transposed.
If a country fails to do so , any complaint to the EU via the solvit or assistance method will result in a "decision". Any "decision" is legally binding making any variation from a " directive" illegal.
A "decision" has already been enforced against Spain regarding the requests for the certificate.
 
#50 ·
Whilst you are correct, with the "directives" the idea is that they are enacted as transposed.
If a country fails to do so , any complaint to the EU via the solvit or assistance method will result in a "decision". Any "decision" is legally binding making any variation from a " directive" illegal.
A "decision" has already been enforced against Spain regarding the requests for the certificate.
Interesting. Where are details located Gus, i checked on the Solvit site, but i couldn't se anything
 
#52 ·
So should I or shouldn't I?

My head is spinning!

I really do appreciate everyone who contributes advice to this website, as it had been my main source of information about my planned move to Spain.

I am terribly confused about the residence requirements. I am intending to come to Spain in November, stay a few weeks and look for long term rented accommodation on Costa Blanca. I was intending to get my NIE number during that stay. I then thought, when I moved into a rental, that I would apply for my residence certificate, or whatever it is called. I have a pension of around £600 per month, plus a good amount of savings, and I intend to take out private medical insurance.

I have just been talking to my neighbour in the UK, who also has a house in Torrevieja, which he and his wife visit for holidays. His neighbours in Spain live there for most of the year. When I was telling him of my plans to get my NIE number, and then residence, he said that would be a bad idea - that hardly anyone bothers with that! I am astonished - I just really want to do things the right way - is there any reason why I shouldn't apply for my NIE number or residence?

I have tried to read through this thread to find out, but it got a bit complicated for me so I thought it might be better if I just asked the question directly. Thank you again for your advice.

Kerry
 
#53 ·
My head is spinning!

I really do appreciate everyone who contributes advice to this website, as it had been my main source of information about my planned move to Spain.

I am terribly confused about the residence requirements. I am intending to come to Spain in November, stay a few weeks and look for long term rented accommodation on Costa Blanca. I was intending to get my NIE number during that stay. I then thought, when I moved into a rental, that I would apply for my residence certificate, or whatever it is called. I have a pension of around £600 per month, plus a good amount of savings, and I intend to take out private medical insurance.

I have just been talking to my neighbour in the UK, who also has a house in Torrevieja, which he and his wife visit for holidays. His neighbours in Spain live there for most of the year. When I was telling him of my plans to get my NIE number, and then residence, he said that would be a bad idea - that hardly anyone bothers with that! I am astonished - I just really want to do things the right way - is there any reason why I shouldn't apply for my NIE number or residence?

I have tried to read through this thread to find out, but it got a bit complicated for me so I thought it might be better if I just asked the question directly. Thank you again for your advice.

Kerry
Hi Kerry
So you want to play by the rules - others want to cheat. They would probably be among the first to complain if immigrants to the UK wanted to do the same. Our advice is to stay within the rule's requirements - it helps you to sleep more soundly.
 
#54 ·
Thank you, I have seen your advice to others on here and I trust what you say. Also, that was my own gut feeling, I can't see any reason why I shouldn't play by the rules. Unless it was about getting medical treatment on the EHIC card - and I don't think that would really work anyway, as it's just for emergency treatment.

Thanks again for your advice, I do feel better doing things by the book.
 
#64 ·
out of interest, if income is less than 20k and you don't need to make a tax return, ...
You should do a tax return in Spain, even if you are below the threshold and don't owe any tax.

Apart from anything else, if you are on prescription meds the price is determined by your declared income - it can make a big difference.

You can also get refunds on tax withheld by banks on savings interest.

It cost me €20 for the gestor to do it and I got nearly €300 paid back into my account within a month.
 
#68 ·
Thank you all for your replies. I'm intending to move permanently, and even if it doesn't work out as well as I hope it will, I want to give it at least a year. My works pension is from the UK Civil Service and is taxed at source, and I understand won't be taxable in Spain because of an agreement between UK and Spain governments. I'm going to take out private health insurance in Spain, until I receive my UK state pension.
 
#69 ·
if you've only recently stopped work then you might qualify for an S1 which would give you access to state healthcare here for a limited period - contact the DWP & ask them
 
#77 ·
Have been very busy involved with the translation of some poetical works for a Spanish lady of some note. Three of us have been working on it and translating poetry while still retaining the original meaning is a b*gger.

I admit that there was an error in the figures:
"You would not be liable to submit a tax return unless your income was much much higher (about €20k) that you will be receiving."

However, my comments about the NIE, residency and tax residency were quite correct unless you plan, as some suggest, to live below the radar like common criminals!
 
#80 ·
Hi,

I've been having a look through this thread and while I've read lots of great info I still have a question which I'm not quite sure of the answer to...

I studied in Spain in 2010 during which I registered for Residencia. I still have my green residencia certificate. However, I only stayed in Spain for 6 months and then moved back home. So, do I need to renew my residencia now that I'm back here for work or just sign up for the Padron? From what I've read, I know that my NIE is still valid so I don't need to worry about that but the residencia I currently have says my address is in Valladolid when in actual fact I'm based in Marbella right now.

I'm also hoping to open a bank account and was going to use my residencia as proof of my NIE. Do you think I would need to provide additional proof of my current address?

Will likely pop into the police station tomorrow to ask about it but I thought I'd try here first and see if anyone has had a similar experience to me...

Cheers,
Claire
 
#81 ·
Hi Claire,

Your profile would suggest that you are Australian - if that's the case then I suspect you can't renew your 'residencia' unless you have an updated visa first.

If you are originally from the EU then my advice would be to use your existing residencia, get on the padron and use that to set up a bank account.

At some later date, you can then think about updating the address on your 'residencia'.
 
#87 ·
if you don't register on the padrón there are no consequences for you, except that you will need that padrón cert for a resident bank account, to register with a doctor etc etc

if you don't register the TOWN you live in loses out though - central govt provides funds to the town for every person registered on the padrón
 
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