Spanish Residency

In todays world of modern communications, globalisation and illegal immigrants, Government resources are being stretched to the limit trying to develop suitable controls by which to determine who may and who may not reside in a country. In the UK this process is so badly managed it is now of epidemic proportions. It is probably why you want to come and live in Spain. In the rest of Europe identity cards and registering your place of abode is and has been for years the obligation of every citizen. It is so here in Spain. Every Spanish person carries an identity card with their own unique fiscal number, photo and fingerprint. Every Spanish citizen is registered at their local Town Hall and the Police actually check that they live where they say they do. It is part of the work of the Policia Local. The statistics arising from these registrations determines how many resources the Town may apply for from the Regional and National Governments. For example a Town with more than 25.000 registered inhabitants qualifies for its own Hospital, its own Comisario de Policia, more schools, police etc. Under the current European Laws "Residency" (not citizenship) should be taken out by persons who live in one European country for more than 183 days in any one tax year. By staying in Spain for more than this period persons have by default nominated Spain as their main place of residence and by doing so they become liable for paying annual taxes as determined by the tax laws of Spain. It is simply not possible to say that you spend 180 days in Spain plus 180 in the UK and the rest of the time you are travelling. Somewhere has to be your place of domicile and you may be asked to prove it by production of travel evidence to the authorities. The onus is on the citizen to prove they are in Spain or out of it, and if they cannot prove it either way, the authorities will conclude that you have opted for Spanish Residency and apply the usual fines for not having the proper paperwork.

As from May 1st 2003 Spanish Residency must be applied for by all foreigners who live here for more than this 183 days per year. But before you decide on whether to become a Spanish Resident or not read very carefully the section on Taxes in Spain and on Medical Matters. Being a resident of Spain has an enormous impact on your taxes. EU Citizens however, can at least be thankful that Residents permits are to be granted permanently for persons who are pensioners or are living here but not working. Workers no longer need to apply for a Residents permit, they can just use their passport. However, non workers and workers will still need an NIE for Fiscal purposes or buying a car, a house or getting connected to mains electricity, telephone, water, etc. To work here in Spain you need a licence to work, it is this licence that in effect replaces the need for a residents permit, although we would not be surprised if workers had to have some form of identity in addition to a Passport. Watch this space! No work licence, work contract or residents permit means simply one thing. Goodbye! No negotiation but back from where you came. It is why Spain doesn't have an immigration problem of UK proportions, they have a system for dealing with it that is clear cut. This sytem has evolved throughout the whole of Europe as it has always been easy to slip across borders, where as slipping across the channel has been more difficult.

There are a number of different categories of residency all of which need different sets of papers in order to apply.

Non Workers and Pensioners

1. Passport
2. 4 copies Passport size colour photos
3. E111/E106 Social Security Form or Private Medical Insurance Policy (must be valid in Spain) NB whilst you might be informed by the British Social Security department that as soon as you leave UK and live in another EU country that the E111 is not valid and you must rescind it and apply for a E121 form which can be used by the Spanish authorities to reclaim any costs they incur on your behalf. You are told to give this form to the local health center that you choose to register at here in Spain. Regretfully this may be the proper way to do it but it causes major problems as the local Commissario de Policia where you apply for your tarjeta de residencia does not speak English or recognise this number. You must use Form E111, while even though it is still in English they all recognise this number. Therefore, do not inform Newcastle that you are leaving the country until you have successfully applied for your residencia.
4. NIE Number
5. Bank certificate from your Spanish Bank justifying that you receive enough income to live in Spain. NB The English old age state pension is not considered to be enough. The minimum acceptable income for a couple is €1000 a month after tax.
6. 3 copies of the completed Application Form

1. To pick up the application form
2. To submit the completed application form Modelo 790 and other required papers
3. To sign the computerised form and be fingerprinted, 2 months
4. To collect the finished article (Nowadays its credit card sized) 1 month You have to ask if its ready, they won't contact you.