Residencia

Old position

Prior to 1 March 2003 - Royal Decree 178/2003 of 14 of February 2003

All EU citizens who reside in Spain for more than 182 days pa were required to apply & register as resident & obtain residencia card - save those exercising EU Treaty Rights i.e. workers paying into Spanish Social Security System or retirees entitled to a Spanish state pension who have lived in Spain for more than 3 years & who worked during the in 12 months pre-retirement.

Current Position

Post 28 March 2007 - Royal Decree 240/2007 of 16 February 2007 (transposition EU Directive 2004/38/EC)

All EU citizens intending to live in Spain for more than 3 months need to ‘apply’ for Certificate of Registration within 3 months’ arrival (Article 7(1)) at the Registro Central de Extranjeros or designated Comisaria de Policia. The old-style residencia card i.e. live here for more than 182 days per year is no more.

One need to present valid passport. If passport expired, one need produce copy of passport & application for renewal or national ID card (which does not apply to British citizens (Article 7(2)). However, possibly advisable to present certificate of empadronamiento or escritura or rental agreement with utility bill as otherwise it is difficult to see how authorities can confirm one’s address.

One will be issued with certificate over the counter on the spot. Certificate will confirm name, address, nationality, NIE and date of Registration.

The new certificate will not bear bearer’s photograph or finger prints – therefore will not be officially accepted form of identification.

The Comunidades Autonomas retain degree of autonomy with regard to application measures and interpretation of the new law – how such will develop or be developed over time within Andalucia remains to be seen.

Embassy Advice – sole official ID document is a current passport or national ID card. Therefore, those who do not have valid residencia card will need to revert to carrying passport.

If already resident – there is no need to re-register until existing residencia expires, upon which one presents oneself at the Registro or Comisaria with passport, upon which certificate will be issued

However, if one has lived in Spain continuously and legally for five years, one may apply for permanent residence.

Reference is made to a permanent residence certificate as opposed to card - although such may change over time.

Authorities must process permanent resident application with all due expedition (Article10(2))  - which suggests that such will not be over the counter and delay’s may be inevitable.

Note: A petition was sent to the Spanish government via the Delegada del Gobierno en Granada requesting that the issuing of identity cards to continue for British residents as Britain does not issue a national identity card. Unfortunately the reply we received merely stated the new position. The full text is below:

“I inform you that the natives of the United Kingdom, as the rest of community citizens, have right to enter, and to reside freely in Spain, with the fulfillment of certain formalities (in accordance with the Royal Decree 240/2007, of February 16) on entry, free traffic and residence. The new law eliminates the need of an identity card of residence to the citizens of the Union.

If a British citizen wishes to reside in Spain for a period of more than 3 months they are obliged to register at the Foreigners Office of the province in which they intend to remain. They have to apply for a Certificate of Residence which will include their name, nationality, domicile and NIE".