New Regulations on Residing in Spain

The following is an extract of the official text provided on the Government’s webpage concerning the new laws on residing in Spain for citizens of members states of the EU. It is not exhaustive and we strongly advise consulting a professional before you make any decisions. Finally, we have a PDF of the original in Spanish for anybody who should request it.

Stays of Less Than Three Months
In the case of a stay in Spain by a citizen of an EU member state, or another state belonging to the Acuerdo sobre el Espacio Económico Europeo, it is merely necessary to have a valid passport which was used to enter the country with.

Residents of Three Months or Over
Citizens of an EU member state, or another state belonging to the Acuerdo sobre el Espacio Económico Europeo and those from Switzerland, have the right to reside on Spanish territory for a period of over three months under any of the following conditions.

A) They are working as self-employed or are employed by a third party, or

B) They have disposable sufficient [economical] resources for them and their families so they do not become a burden on Spanish Social Security whilst residing in Spain, as well as a health policy that covers them and their families against all risks, or

C) They are enrolled in a private or public educational institution that is recognised by the the competent educational authority, for the purpose of studying; they have a health insurance policy, and can possess sufficient resources so they they and their families do not become a burden for the Spanish Social Security during their stay, or

D) If they family members accompanying a residing citizen of a EU member state, or another state belonging to the Acuerdo sobre el Espacio Económico Europeo and those from Switerland, or going to stay with citizens already residing here, who comply with the before mentioned conditions

Likewise, a citizen of an EU member state, or another state belonging to the Acuerdo sobre el Espacio Económico Europeo and those from Switzerland, who no longer works (self employed or employed by others) will maintain the category of “worker” in the following conditions:

A) Temporarily unemployed through sickness and or accident.

B) Finding themselves involuntarily unemployed, duly accredited, after having been employed for more than a year, and is inscribed in an unemployment office in order to find work;

C) if finding themselves involuntarily unemployed, duly accredited, after a work contract has concluded with, inferior to one year and are register as unemployed with the aim of finding work. In this case, the category of “worker” will be maintained during a period of not less than six months.

D) If they are carrying out a trade training programme, relevant to their previous employment, save that they find themselves in a state of involuntary unemployment.

Those interested are obliged to personally request before the provincial Oficina de Extranjeros where they intend to remain or set up their residence, or, if that is not possible, before the corresponding Comisaría de Policía, that they be inscribed in the Registro Central de Extranjeros.

The request must be made within three months of entering the country, registering their name, nationality, abode, NIF and date of registering.

Together with the solicitud de inscripción (EX-18), they should present a valid passport or ID card, if it is has expired, a copy of the renewal request, together with the following documents:

A) Those being employed by a third party must present a work contract or employment certificate. These documents will not be necessary if the person consents to a search of the Tesorería General de la Seguridad Social records.

B) Self-employed workers must bring proof of their employment, such as their “alta” in Seguridad Social. Again, they can give their consent for a search to be made of the Social Security or Tax Office records.

C) Those that are not working in Spain need to provide the following documents to demonstrate the following conditions have been complied with:

1) Private or public health insurance policy, taken out in Spain or another country, as long as it covers Spain during their period of residence here, which is equivalent in proportion to the National Health System. In the case of pensioners, a certificate that demonstrates that they are covered for healthcare in the State from which they receive their pension.

2) They dispose of sufficient resources so they and their family do not become a burden on the Spanish Health System, during their residence here. Title deeds, certified cheques, documents that justify and income or credit card (together with a bank document that shows the amount available on the said card)

The evaluation of what is considered as sufficient means must be considered individually, taking into consideration the personal and family situation of the applicant.

The amount that will be considered as sufficient must be superior to what the amount that the State sets each year as a non-contributive pension. (minimum pension entitlement for Spaniards who have not paid into the system).

(News: Spain)

  1 comment for “New Regulations on Residing in Spain

  1. August 8, 2012 at 8:53 am

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