Residencia or Not that is the question

According to Royal Decree 178/2003, which came into effect March 1 2003, the following groups are not required to hold a residence card in Spain as long as they are in possession of an up-to-date I.D. or passport from their own country:

1. Nationals of a) EU member states b) states that form part of the European Economic Area (Iceland, Liechtenstein, Norway) or c) the Swiss Confederation, who are contract or self-employed workers, students or beneficiaries of the right to reside permanently in Spain.

2. Family members of those outlined above as well as family members of Spanish citizens assuming they live under the same roof.

3. Nationals of a) EU member states b) states that are a party to the European Economic Area or c) the Swiss Confederation who work in Spain but maintain their residence in any of these states and to which they return every day or at least once a week.

However, in any of these cases, if the interested party still wishes to apply for one, the authorities are obliged to issue him or her with a residence certificate. Indeed, on a practical level, irrespective of any actual obligation to hold a card or not, the experience of living in Spain on a day-to-day basis shows that it is generally more convenient to do so. In any case, for all practical purposes, even if you do not apply for the residence certificate, you should definitely apply for the NIE which is a number which is essential for practically any undertaking in Spain.

For those who do not come under 1.above and who plan to reside in Spain for a period of 3 to 12 months, a residence card is required and will be issued for that period on application. For periods longer than 12 months, a 5 year renewable residence certificate will be issued.

The application for a residence certificate (necessarily within one month of arriving in Spain in the case of those who are obliged to do so) must be filed with the Foreigners' Office of the particular province you live in or, in the absence of such, the provincial police station. Along with a completed application form you will also be required to present 3 passport sized colour photos and the original and photocopy of an up-to-date I.D. or passport.

Written by: Thomas Leacy

About the author:

The author provides a service helping foreign nationals to set-up businesses in Spain and to get the appropriate legal, business and accounting assistance they require. To find out more click on the link - Lawyers Madrid;Accountants Madrid