Mihaela Romana from ACCEM Spain is on work placement at Citizens Advice Bureaux in Romania
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Hi Mihaela,
The article above is very informative. Will you mind if we also publish it on our website at http://www.giolegal.co.uk/base.php?id_page=254 or better still for you to also upload it there.
Thank You
Gio
Dear all,
Marta and I elaborated a document concerning the residence in Spain. I thought it is helpfull for the future common data (if we finally decide to do it). As I didn’t know where to post it, I’ll post it here on the blog.
Right to reside in Spain for EU nationals and their family members
To reside in Spain, a valid National Identity Card or Passport is enough. EU nationals have to register with the Central Register of Foreigners (Registro Central de Extranjeros). Non-European Union family members of EU citizens need to ask for an EU-family member residence card (tarjeta de residencia de familiar de ciudadano de la Unión).
The 27 countries of the European Union are: Germany, France, The United Kingdom, Spain, Portugal, Austria, Italy, Finland, Ireland, Netherlands, Luxembourg, Belgium, Denmark, Greece, Sweden, Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia, Slovakia, Bulgaria, Romania.
EU citizens
What is the registration certificate (certificado de registro)?
The registration certificate is a document that certifies your residence in Spain with the Central Register of Foreigners (Registro Central de Extranjeros) and lists your name, where you live, your nationality, the date you registered, and your Foreigner’s Identity Number (the so-called NIE, which you’ll need for any number of financial transactions in Spain).
Note that getting your NIE is automatically incorporated into the registration process now and that since April 2007 the registration certificate replaces the old requirement for a residence card among EU citizens.
Who needs a registration certificate?
You need one if:
1. You are a citizen of one of the following countries: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Switzerland, and the UK. (Note that these EU rules include citizens of Iceland, Liechtenstein, Norway, and Switzerland, four countries that aren’t part of the EU, but who have made special agreements with the EU.);
2. You intend to live or reside in Spain for more than three months.
However, if you had a Spanish residence card before April 2007, you don’t need to get a registration certificate until your current residence card expires.
How much does a registration certificate cost?
It costs 6.70 euros, the same amount that Spaniards pay for their national ID card, the DNI (Documento Nacional de Identidad).
How long does it take to get one?
Assuming you have everything you need, the registration certificate is issued to you on the spot when you turn in your paperwork. That said, getting an appointment to turn in your paperwork varies depending on the region, and in some cases can be a matter of months.
Where do I get a registration certificate?
At the Oficina de Extranjeros or Comisaría de Policía closest to where you live or plan to live. Click http://www.mpr.gob.es/servicios/extranjeria/extranjeria_ddgg for their addresses and telephone numbers.
How long is the registration certificate good for?
In most cases, it’s good forever. However, if you move within Spain, you should get it updated, and if you move outside of Spain, you should formally give up your registration. It’s identical to the process to get the registration certificate except you’ll have to tick a different box on the form.
If you live in Spain continuously for more than five years, you can choose to get permanent residency.
What do I need to do to get a registration certificate?
You should register within three months of arriving in Spain. Here’s how:
1. Download form EX 16, fill it out, and sign it.
2. Make an appointment with the nearest Oficina de Extranjeros by phone (if you can!) or in person (make sure to get there very early). Take this opportunity to ask for a form called Modelo 790. You’ll then have to go to a bank to pay the 6.70 euros and have the form stamped for confirmation.
3. Bring your passport, the EX 16 form, and the stamped Modelo 790 to your appointment.
4. Hand your forms over when the Spanish civil servant asks for them.
5. Take your new registration certificate home with you. Congratulations, you’re now a Spanish resident!
Non-European Union family members of EU citizens:
What is the EU-family member residence card (tarjeta de residencia de familiar de ciudadano de la Unión)?
The EU-family member residence card certifies your residence in Spain as an official family member of an EU citizen. As such you have the right to enjoy the same conditions as a Spanish or EU citizen (e.g. the right to reside in Spain and the right to work).
Who is considered a family member of an EU citizen?
For the purposes of obtaining an EU-family member residence card in Spain, the family members of EU citizens are:
* Current spouses or registered domestic partners (unless separated);
* Your minor children (yours or those of your spouse or registered domestic partner);
* Dependent parents (yours or those of your spouse or registered domestic partner).
Who needs an EU-family member residence card?
You need one if:
1. You are a family member of a citizen of one of the following countries: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the UK;
2. You plan to join or accompany your EU family member in Spain;
3. You plan to live or reside in Spain for more than three months.
How much does an EU-family member residence card cost?
It costs 6.70 euros, the same amount that Spaniards pay for their national ID card, the DNI (Documento Nacional de Identidad).
How long does it take to get an EU-family member residence card?
In accordance with EU law, you should get your residence card within six months from the day you turn in all your paperwork, but you must make an appointment to do so. However, the time needed to first make an appointment can vary by region.
Where do I get an EU-family member residence card?
At the Oficina de Extranjeros or Comisaría de Policía closest to where you live or plan to live. Click here for their addresses and telephone numbers.
How long is the EU-family member residence card good for?
It’s good for up to five years. If after that time you still live in Spain with your family member, you can get another one or opt for permanent residence.
What do I need to do to get an EU-family member residence card (tarjeta de residencia de familiar de ciudadano de la Unión)?
You should register within three months of arriving in Spain. Here’s how:
1. Download form EX 16, fill it out, and sign it.
2. Make an appointment with the nearest Oficina de Extranjeros by phone (if you can!) or in person (make sure you get there early). Take this opportunity to ask for a form called Modelo 790. You’ll then have to go to a bank to pay the 6.70 euros and have the form stamped for confirmation.
3. Bring the following items to your appointment:
* Your passport.
* Your family member’s passport (or DNI if your family member is Spanish).
* Your family member’s registration certificate (if your family member is not Spanish).
* The EX 16 form.
* The stamped Modelo 790.
* A document that establishes your family tie to the EU citizen. If the document is not in Spanish, it will need to be translated and legalized or have an apostille on it. In the case of a spouse, you’ll need to bring a marriage certificate issued from an EU country that is less than three months old. If you were married more than three months ago, you’ll have to request a new certificate for this purpose. For those who were married in Spain, you can request the certificate in person, by mail, or online from the Ministerio de Justicia.
* Photocopies of everything listed above.
* Three passport-sized photographs in color.
4. Hand your forms over when the Spanish civil servant asks for them. They’ll stamp your copy of the EX 16 as a record.
5. Wait for a letter in the mail with instructions on picking up your residence card.
6. Pick up your card.
Citizenship
After being a resident in Spain for a few years (2 to 10 years depending on the circumstances and the country you come from) you can apply for a Spanish citizenship. Nevertheless, if you are already a EU citizen, it may not change a lot, except essentially passport and the right to vote. The public body in charge of citizenship is the Ministerio de Justicia ; the place to apply is the Registro Civil. You might have to renounce citizenship with your country of origin, but in practice they check rarely and you shouldn’t get into trouble as long as you don’t show both passports at the same time.
Health system
Spain has a public health system, providing free or low cost health care for those contributing to Spanish social security, plus their families and retirees (including those from other EU countries).
However, although big improvements have been made in the last few decades the public health service is hugely over-burdened and there are long waiting lists to see specialists and have non-urgent operations in most areas.
To become an insured, you have to have a Social Security number (that you get usually through your work). If you pay Spanish social security (Seguridad Social) contributions, you and your family are entitled to free or subsidized medical and dental treatment on the same terms as Spaniards. Over 90 per cent of the population are covered by the Instituto Nacional de la Salud (INSALUD), Spain’s public health scheme, including retired EU residents (with a residence card) in receipt of a state pension. If you’re an EU national of retirement age, who isn’t in receipt of a pension, you may be entitled to public health benefits if you can show that you cannot afford private health insurance.
Anyone who has paid regular social security contributions in another EU country for two full years prior to coming to Spain (e.g. to look for a job) is entitled to public health cover for a limited period from the date of their last social security contribution made in their home country. Social security form E-106 must be obtained from the social security authorities in your home country and be presented to the local provincial office of the Instituto Nacional de la Seguridad Social (INSS) in Spain. Similarly, pensioners and those in receipt of invalidity benefits must obtain form E-121 from their home country’s social security administration. You will be registered as a member of INSALUD and will be given a social security card (cartilla), a book of vouchers, a list of local medical practitioners and hospitals, and general information about services and charges.
Pensions
Pensions are made by 2 elements:
A) Basic plan (State plan)
B) Additional funds (pension funds in some countries, pension by compensation)
The right to pension is calculated according to the social security payments throughout your work duration.
When you work in the European Union and you pay social security, the Communautary Law applies and you get your right to the basic pension plan A) continuously wherever you work. For additional pension funds B), the equivalent is different in the countries. In United Kingdom for example, it will be the Pension Fund (private contribution) and in France a Pension by Compensation. There is no automatic transfer with the State pension plan A).
Social security
All foreign employees working for Spanish companies and self-employed foreigners in Spain must usually contribute to Spanish social security. Generally if you’re an employee in Spain, you will be insured under Spanish social security legislation and won’t have any liability for social security contributions in your home country or country of domicile. However, social security agreements exist between Spain and over 40 countries, including all EU countries and the USA, whereby expatriates may remain members of their home country’s social security scheme for a limited period. EU nationals transferred to Spain by an employer in their home country can continue to pay social security abroad for one year (form E-101 is required), which can be extended for another year in unforeseen circumstances (when form E-102 is needed). However, after working in Spain for two years, EU nationals must contribute to the Spanish social security system.
If you’re working in Spain, your employer will usually complete the necessary formalities to ensure that you’re covered by social security. If he doesn’t do it, you must obtain an attestation that you’re employed in Spain and register at the nearest social security office to your home. Your local town hall will give you the address of your local office or it will be listed under Seguridad Social in your local Yellow Pages. You will need to produce passports and (certified) birth certificates for all dependants and a marriage certificate (if applicable). You may also need to provide copies with official translations (but check first as translations may be unnecessary). You will also need proof of residence such as a property deed of sale (escritura) or a rental contract.
After you have registered you will receive a registration card (cartilla de la seguridad social or tarjeta sanitaria), usually by post around four to eight weeks later. A married couple with one partner working are covered by the same social security card and number, as are all dependants (e.g. children under 16) who are listed on your social security card.
Work and taxes
All residents (and non-resident home-owners) must have an NIE, including Spaniards, when it’s called the numero de identificacion fiscal (NIF: This is the tax ID number for all individuals. For Spaniards, it’s the DNI plus one letter; for foreigners, it’s the same number as your NIE).
Note that most taxes in Spain are based on self-assessment, meaning that individual taxpayers are liable to report and calculate any tax due within the time limits established by law. Tax forms must be purchased by taxpayers and are obtainable from a tobacconist’s (estanco), although some are only available from tax offices (Agencia Tributaria). Penalties and interest are levied for late or non-compliance.
The tax year in Spain is the same as the calendar year (1st January to 31st December).
General types of taxes
Income Tax (impuesto sobre la renta de las personas físicas/IRPF): is payable on worldwide income. Spanish Income Tax rates are below the European average and have a large number of deductions, but rates for high-income individuals exceed 50%.
Business Tax (impuesto sobre actividades económicas/IAE): is paid by all businesses including the self-employed once a year (formerly called licencia fiscal).
Company or Corporation Tax (impuesto sobre sociedades): is paid at 35 per cent on profits by partnerships and registered companies such as a Sociedad Anónima (SA) or Sociedad Limitada (SL).
Property or Real Estate Tax (impuesto sobre bienes inmeubles urbano, formerly called contribución urbana): is paid by property owners. You won’t pay the tax if you reinvest the money from your property within 1 year.
Wealth Tax (impuesto sobre el patrimonio): is payable on capital assets, including property.