Residency in Spain: What you should definitely know!

You want to enter or move to Spain as a Union citizen (EU citizen) with your family members

and you want to reside in Spain legally for longer than 3 months or permanently

and you have questions about, registration certificate, residence card for family members, residence or work permits, registration with the local authority (“empadronamiento”), the NIE number in Spain and the necessary formalities.

Here you will get a summary and an overview of your rights, requirements and obligations for legal residency in Spain as an EU citizen.

You will also find useful notes and helpful links to further specialist articles that will answer your questions in more detail.

My first advice would be: Learn Spanish (at least the basics) before you come to Spain. Many things will be easier for you. Apart from the fact that English is usually not understood (especially by the authorities), Spaniards really appreciate it when you speak to them in their language.

I highly recommend MosaLingua for learning Spanish successfully and easily:

Wollen Sie diesen Fachbeitrag auf Deutsch lesen, dann

Who does this specialist article apply to?

It applies to EU citizens and their family members.

a) EU citizens or Union citizens

When I refer to EU citizens in my descriptions, I am not only referring to the citizens of the member states of the European Union (EU), but also to the citizens of Iceland, Liechtenstein and Norway (other states of the European Economic Area – EEA) and the citizens of Switzerland

b) Family members of the EU citizen

The family members of an EU citizen may be either also

• citizens of an EU member state (or states mentioned above in section a) or
• citizens of a third country (non-EU country).

The legal requirements regarding rights and obligations in Spain may differ for family members from an EU country and for family members who are not nationals of a Member State. The distinction is therefore important.

In the following the term “family members” refers to both types of family members. Unless I explicitly distinguish between these.

Who is a family member of an EU citizen?

According to Spanish legislation (Art. 2 + 2 bis Real Decreto 240/2007) a family member of an EU citizen is considered to be:

• his or her spouse (“cónyuge”)

• the registered partner (“pareja registrada”) with whom the EU national has a marital relationship.

• the non-registered partner (“pareja no registrada”) with whom the EU citizen has entered into a long-term relationship that is duly documented. The period of uninterrupted marital cohabitation of at least one year counts as proof of this relationship. In the case of a common descendant, proof of stable cohabitation is sufficient.

• the direct descendants (“descendientes”) or those of the spouse or registered partner (children, grandchildren, great-grandchildren), younger than 21 or they are dependent on the EU citizen.

• the direct relatives in the ascending line (“ascendientes”) or those of the spouse or registered partner (parents, grandparents, great-grandparents, parents-in-law), as long as they are dependent on the EU citizen.

• other family members:
  • who receive maintenance payments from the EU citizen in the country of origin or who have lived together with the Union citizen there in a household (cohabitation of 24 months without interruption in the country of origin) or
  • who require personal care from the EU citizen for serious health reasons or due to a disability

What rights do I have in Spain?

Art.3 Real Decreto 240/2007

As an EU citizen, you and your family members have the following rights:

• The right of exit, entry and residence in Spain and the right to move freely in Spain (subject to the formalities and conditions determined for this purpose)

• The right to work (employed or self-employed) and the right to provide services or study under the same conditions as Spaniards. Exemption for work in the public administration and for descendants older than 21 and direct relatives in the ascending line if they are dependants.

Any EU citizen can work in Spain in accordance with the legal and administrative regulations in force there. Some professions may require the qualification to be recognised.

• The right to the same treatment as Spanish citizens on condition that you are legally resident in Spain.

What conditions do I need to fulfil to exercise these rights?

Depending on the right and the country (EU country or non-EU country) the family members come from, different conditions must be met:

Right of entry (“entrada”)

Art. 4 Real Decreto 240/2007

EU citizens and their family members from an EU country need a:

• Valid passport or identity card

Family members of an EU citizen from a non-EU country need a:

• valid passport and

• if needed, a corresponding entry visa in accordance with Regulation (EC) No. 539/2001.

This regulation contains the list of third countries that require a visa.

The possession of a valid residence card (issued by another member state) exempts such family members from the visa requirement. The necessary visa is issued free of charge as soon as possible and on the basis of an accelerated procedure when accompanying and joining an EU citizen.

Right of stay (“estancia”) in Spain for up to three months

Art. 6 Real Decreto 240/2007

EU citizens and their family members from an EU country need a:

• Valid passport or identity card

Family members from a non-EU country accompanying or joining the EU citizen need a:

• valid passport and

• if needed, a corresponding entry visa in accordance with Regulation (EC) No. 539/2001.

Right of residency in Spain (“residencia”) for longer than three months

Art. 7 Real Decreto 240/2007

All EU citizens have this right under the following requirements:

1. They are workers or self-employed persons in Spain or

2. have sufficient resources for themselves and their family members (so that they do not have to claim social welfare benefits from Spain during their stay) and have comprehensive health insurance cover in Spain for the duration of their stay, or

For a suitable cover for EU Residency I can recommend the private health insurance from ASSSA:

3. they are students enrolled at an accredited establishment and have comprehensive health insurance cover in Spain and sufficient resources for themselves and their family members during their stay, or

4. they are family members accompanying or joining an EU citizen who fulfils the conditions of points 1., 2. or 3.

The entitled family members of the EU citizen include:

• in the case of students:

a) their spouses or registered partners or

b) their children and those of their spouses or partners, provided they are dependent on the EU citizen

• in other cases:

a) the spouse or registered partner

b) the direct descendants and those of the spouse or civil partner under the age of 21 or they are dependants, and

c) the direct relatives in the ascending line and those of the spouse or civil partner if they are dependent on the EU citizen

Right of permanent residency in Spain

Art.10 Real Decreto 240/2007

EU citizens and their family members have this right if they

• have resided legally in Spain for a continuous period of 5 years (normal case) or

• fulfil certain conditions before the end of the uninterrupted period of 5 years (special case)

You can find out more about permanent residence in Spain in my specialised article Permanent residence in Spain as an EU citizen: when and how?

What formalities do I have to complete (obligations)?

For a stay in Spain of longer than 3 months:

1. All persons have

• to register at the relevant municipality (“empadronamiento”) Art. 15 Ley 7/1985 or Art. 54 Real Decreto 1690/1986

See comprehensive specialist article: The right way to register your address in Spain: padrón

2. EU citizens and their family members from an EU country have

• to register as “residente” in the central register for foreigners / foreign nationals (“Registro central de extranjeros”) at the General Directorate of the Police (“Foreigners Registration Office”). You will then be issued with a so-called registration certificate (“Certificado de registro de ciudadano de la Unión”). Art. 7 Real Decreto 240/2007 and Art. 4 Order PRE/1490/2012

See comprehensive specialist article: How to apply for EU registration certificate in Spain?

3. The family members of an EU citizen from a non-EU country have

• to apply for a residence card for family members of an EU citizen (“Tarjeta de residencia de familiar de ciudadano de la Unión”) Art. 8 Real Decreto 240/2007 and Art. 4 Order PRE/1490/2012

See comprehensive specialist article: Who needs the residence card for family members?

For a stay in Spain of more than 5 years (permanent residence):

The family members of an EU citizen from a non-EU country have

• to apply for a permanent residence card for family members of an EU citizen (“Tarjeta de residencia permanente de familiar de ciudadano de la Unión”) Art. 11 Real Decreto 240/2007

What is the N.I.E. number in Spain for?

The N.I.E. (“Número de identidad de extranjero”) is a personal identity number (unique and exclusive) for foreigners in Spain for the purpose of identification in certain public administration procedures.

There is no obligation to apply for it and it is not required for the right of residence. But if you are planning to have economic, professional and social interests in Spain, you will need this NIE number.

It must be mentioned in all official applications, declarations and formalities.

The main reasons for applying for the NIE number are, for example

• opening a bank account;

• the establishment of a company;

• the purchase and sale of a house or a vehicle;

• submitting a tax return or an application form in relation to the immigration authorities;

• the conclusion of supply contracts for electricity and water;

• applying for a national insurance number

See comprehensive specialist article: NIE number in Spain: All your questions answered clearly

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