Residentes Europeos

Contents

01. On European citizenship
02. Regulation in Spain
03. Relatives of EU citizens to whom is applicable the Community Regime
04. Main rights acknowledged
05. Entry to and exit from Spain
06. Stay and residence
07. Recommendations
08. Reference Legislation
09. Websites of interest
10. Offices and registries

On European citizenship

According to the Maastricht Treaty, a citizen is any person holding the nationality of a Member State.

European citizenship has been created to strengthen and boost European identity, making it possible for citizens to get more directly involved in the process of European integration, for which purpose they are acknowledged a series of rights in various fields, for instance, that of free entry, circulation and residence in other EU countries, amongst others.

However, the exercise of these rights is not totally free, but subject to a number of specific requirements envisaged both in the European legislation and in each Member State’s own legislation.

contents

Regulation in Spain

Concerning residence in Spain of nationals from other European Union States, a significant legal modification has been introduced with the approval of Royal Decree 240/2007 on entry, free circulation and residence in Spain of citizens from European Union Member States.

This norm, which is complementary to the General Legislation for Foreigners, regulates the conditions for the exercise of the rights of entry and exit, free circulation, stay, residence, permanent residence and work in Spain by citizens from other European Union Member States and, very importantly, of their relatives as well, should the latter not be nationals of a European Union State.

This norm equally applies to the citizens of States party to the Agreement on the European Economic Area (AEEA) and to Swiss citizens.

To be precise, this norm applies to:

EUROPEAN UNION MEMBER STATES

Germany	Finland	Malta
Austria	France	The Netherlands
Belgium	Greece	Poland
Bulgaria	Hungary	Portugal
Cyprus	Ireland	United Kingdom
Denmark	Italy	Czech Republic
Slovakia	Latvia	Romania
Slovenia	Lithuania	Sweden
Estonia	Luxembourg

STATES PARTY TO THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA

Iceland	Norway	Liechtenstein

EUROPEAN AGREEMENT WITH THE SWISS CONFEDERATION

	Switzerland

This norm grants those to whom it is applicable a set of rights that clearly exceed those foreseen in the General Regulation for Foreigners, establishing a legal regime for them that is closer to that of a Spanish citizen than to that of any other foreigner. It is the so-called ‘EU regime’.

Nationals of Romania and Bulgaria will have a special transitory regime until 1 January, 2009, when their stay in Spain is for labour purposes and as employed workers. The present guide will provide the corresponding indications in this respect.

contents

Relatives of EU citizens to whom is applicable the Community Regime

In general terms, the regime established for EU citizens regarding their entry and residence in Spain will equally be applicable, with slight differences, to their relatives in the following cases:

To their spouse: as long as they are not legally separated, divorced, or their marriage has not been declared null
To their partner with whom they have a partnership analogous to marriage on condition that the said partnership is inscribed at a public registry created for this purpose in any EU Member State or State party to the Agreement on the European Agreement Area. Such public registries must adequately guarantee the impossibility for one person to have more than one partner inscribed simultaneously. Of course, this inscription cannot have been cancelled and is at all events considered incompatible with marriage. At the present day, the Spanish authorities only accept registrations in Germany, France, United Kingdom, Czech Republic, Denmark, Slovenia, Finland, Luxembourg, and Sweden
To the EU-citizen’s direct ascendants and to those of his/her spouse or registered partner, as long as they are not legally separated, divorced, or their marriage has been declared null, and provided that the said ascendants are supported by the European citizen
To the EU-citizen’s direct descendants and to those of his/her spouse or registered partner, as long as they are not legally separated, divorced, or their marriage has been declared null, provided that the said descendants are under twenty-one years of age, or being older than 21, that they are supported by the European citizen or are under disability.
The general legislation for foreigners would apply to the European citizen’s remaining relatives, although a special authorisation might be granted, for exceptional reasons, to the following relatives:
Non-EU relatives to the second degree, in the direct or collateral line, with a consanguinity relationship or by affinity who, in the country of origin, are supported by the European citizen or live with him/her or when, for serious health or disability reasons, it is strictly necessary for the European citizen to take them under his/her personal care.
Non-EU partner of the European citizen, not inscribed in the public registry, when a duly proven stable relationship exists.

contents

Main rights acknowledged

EU citizens and their relatives to whom is applicable the Community Regime, on the whole and in accordance with the indications made below, are acknowledged the following rights:

Free entry, exit, circulation and residence in the Spanish territory, after completion of the formalities foreseen by the legislation in force.
Access to any employed or self-employed working activity, delivery of services or studies, in the same conditions as Spaniards.

However, this right is acknowledged neither to descendants above the age of 21 nor to ascendants who are supported by the European citizen, when the said ascendants or descendants do not hold the nationality of an EU Member State.
Some restrictions equally exist in this respect for Romanian and Bulgarian citizens, who will have to obtain the corresponding work authorisation in accordance with the General Legislation for Foreigners (Organic Law 4/2000, and its development regulation) when they are employed workers. The restrictions for Romanian and Bulgarian citizens will last until 1 January, 2009.
Likewise, certain restrictions exist in the access to working positions in the Public Administration, since some specific positions can only be held by individuals of Spanish nationality.

Right to regroup certain relatives in Spain
All EU citizens, and the specified relatives, residing in Spain will be treated on equal footing with Spanish citizens within the framework of application of the European Community Constitutive Treaty

The European Union citizens and their relatives who want to stay or fix their residence in Spain for over three months, will in any event be obliged to apply for a certificate of registration (EU citizens) or a European Union Citizen Family Member Card, following the procedure specified in the corresponding section of this guide.

contents

Entry to and exit from Spain

Entry

The European citizen(s) who wish to enter Spain, will only have to show the Spanish authorities their valid passport or national identity card, on which will be specified the nationality of the holder.
The relatives of a European citizen who do not hold European Union nationality will have show the Spanish authorities a valid passport, but will additionally need the corresponding entry visa.

This visa will not be required if the relative is a national of a State whose nationals do not need a visa to enter Spain.
In any case, should the visa be required, it would be issued without charge and its processing would receive preferential treatment when the relative accompanies the European Union citizen or joins him.
The possession of a valid European Union citizen family member residence card, issued by a State which fully applies the Schengen Agreement (relating to the gradual suppression of controls at common frontiers) will exempt the holder of that card from having to apply for the above-mentioned visa, in which case the entry or exit stamp on the passport will not be necessary.
The corresponding visa, when it is required, can only be denied in the following cases:
- failure to duly comply with the necessary requirements
- for law-and-order, security or public health reasons

In any case, the reasons will be made known to the applicant, unless this goes against State security.

When the citizen of a European Union Member State or their relatives do not have the passport or other documents required for the entry into the Spanish territory, they will be given every chance either to obtain the documents required or to prove that they are EU Regime beneficiaries.

Exit

The citizens of a European Union Member State and their family members, regardless of their nationality, will have the right to leave Spain to travel to another Member State, only needing to show the border control officers a valid passport or identity card, if the exit takes place through a fitted post, for their obligatory verification.
The exit could only be forbidden for national security or public health reasons, or for those foreseen in the Criminal Code.

contents

Stay and residence

Stay

In those cases in which the permanence in Spain of a citizen of a European Union Member State, whatever its purpose, has a duration of less than three months, it will suffice to own a valid passport or identity card, with no other registration administrative formality being necessary.

Residence

European citizen

As said above, any citizen of a European Union Member State has the right to reside in Spain for a period exceeding three months.

In this case, the European citizen(s) will be obliged to apply for their inscription at the Foreigners’ Central Registry, in accordance with the procedure stipulated in the corresponding section of this guide, and providing the documents indicated in that section.

Once the application for the inscription in the said Registry has been filed, a certificate of registration will be issued to the European citizen(s) that will contain their name, nationality, home address in Spain, their Foreigner’s Identification Number (NIE), and the registration date.

European Citizen’s family members not holding EU nationality

Also the relatives of a national of a European Union Member State who do not hold the nationality of one of these States will be allowed to stay in Spain for a period exceeding three months. In this case, those relatives will have to apply for a «European Union citizen family member residence card».

The procedure and documents required to apply for that residence card are explained in the corresponding section of this guide.

The death of the citizen(s) of the European Union Member State when their relatives are not citizens of one of these States will not automatically affect the said relatives, provided that they have resided in Spain, as members of the family, before the death of the right holder.

When 6 months have elapsed after the European citizen’s death, and unless they have acquired the right to reside in Spain permanently, his/her family member(s) will have to request a residence and work authorisation in accordance with the General Regulation for Foreigners (Article 96.5 Regulations of the Organic Law 4/2000). To that end, they will have to prove that they are registered in the corresponding Social Security Regime, or that they own sufficient resources to support themselves and their family, or that they are members of a family, already constituted in the receiving Member State, of a person fulfilling these requirements.

The exit from Spain or the death of a European Union Member State citizen(s) will under no circumstances mean the loss of the right of residence either of his children or of the parent to whom their custody is attributed, as long as the children reside in Spain and are registered to attend classes in a teaching centre, and until they finish those studies.

In the event of nullity of marriage, divorce, legal separation or cancellation of the inscription as a registered partner, the spouse(s) not holding the nationality of a European Union Member State will have to prove that they find themselves in one of the cases below if they want to keep their right of residence:

Duration of at least three years of the marriage or registered relationship, at least one of them in Spain.
Granting, by mutual consent or court’s decision, of the custody of the EU citizen’s children to the non-EU ex-spouse or ex-partner.
Existence of especially difficult circumstances: for example, having been a victim of gender violence during the years as a married couple or as a registered de facto couple.
Court’s decision or mutual consent between the parties acknowledging the non-EU ex-spouse the right to visit the minor child, when the latter resides in Spain.

After six months have elapsed since any of the preceding cases took place, and unless they have acquired the right of residence on a permanent basis, the spouse(s) who are not EU citizens will have to request a residence and work authorisation in accordance with the General Legislation for Foreigners in the same terms as those indicated for the case EU-citizen’s death.

Permanent residence

The citizens of a European Union Member State, as well as their family members who are not nationals of one of these States, have the right to reside in Spain permanently as long as they have resided legally in Spain for a continued five-year period.

The right to permanent residence before the five years have elapsed will equally be granted to:

The employed or self-employed worker(s) who, at the time of interruption of their activity, have reached the age foreseen in the Spanish legislation to access retirement with the right to a pension, or in the case of the employed worker(s) who stop performing the paid activity because of an early retirement, when they have performed their activity in Spain for, at least, the previous twelve months and resided in Spain for a continued period exceeding three years.
The self-employed or employed worker(s) who have stopped performing their activity as a result of permanent disability, having resided in Spain for a non-interrupted period exceeding two years. There will be no need to provide evidence of any residence period if the disability has resulted from a work-related accident or a professional disease that entitles the worker to a pension for which is totally and partially responsible a Spanish national organism.
The self-employed or employed worker(s) who, after three consecutive years of continued activity and residence in the Spanish territory perform their activity as self-employed or employed workers in another Member State, and keep their residence in Spain, returning to the Spanish territory at least once a week.

The members of the employed or self-employed worker's family residing with him in Spain , regardless of their nationality, will be entitled to permanent residence when the worker(s) have acquired the right of permanent residence for themselves .

The national(s) of a European Union Member State who fulfil the requirements to obtain permanent residence will have to apply for the corresponding certificate at the Foreigners' Central Registry. Those family members not holding the nationality of a European Union Member State will have to apply for the corresponding European Union Citizen Family Member Residence Card. The procedure, along with the documents needed to obtain both documents, is specified in the corresponding section of this guide

• If the holder(s) of the right to reside in Spain had died in the course of their working life prior to the acquisition of the right of permanent residence in Spain , the members of their family who have resided with him in the Spanish national territory will be entitled to permanent residence if…
The holder of the right to reside in Spain had uninterruptedly lived for a period of at least two years on the date of the death.
The death has been caused by a work-related accident or a professional disease.

• The surviving spouse is a Spanish citizen who had lost the Spanish nationality as a result of marrying the deceased.

The right of permanent residence will be lost after an absence from the Spanish territory of more than two consecutive years .

contents

Recommendations

Before carrying out any procedures at the Foreigners' Office in Alicante , it is advisable to visit the web page of this service, and especially to check the list of documents required for each procedure

It is important to go to the police quarters or foreigners' office with all the necessary documents, as no requests are usually made in these procedures and, if the applicant(s) have not brought one of the documents, they will have to return another day

All the translated and apostilled or legalised documents providing evidence of the bond with the EU-citizen will have to be provided.

When the marriage between the EU-citizen and the national of a non-EU State takes place outside the EU-citizen's country of origin, that marriage will have to be inscribed at the Civil Registry of the EU-citizen's country of origin. Therefore, it is advisable to carry out this procedure before entering the Spanish territory. In the case of a marriage between a Spanish citizen and a non-EU citizen having taking place abroad, that marriage must be inscribed at the Central Civil Registry in Madrid , so that it has official effects in Spain . This inscription must be requested at the Spanish consulate or consular office in the country where the marriage has taken place.

contents

Reference Legislation

Organic Law 4/2000, of January 11, on the Rights and Liberties of Foreigners in Spain and their Social Integration, modified by Organic Laws 8/2000, 11/2003 and 14/2003
Royal Decree 240/2007, of February 16, on Entry, Free Circulation and Residence in Spain of Citizens of EU Member States or other States Party to the Agreement on the European Economic Area.
Royal Decree 2393/2004, of December 31, through which is approved the regulation for the development of the Organic Law 4/2000.
Royal Decree 2393/2004, of December 31, through which is approved the regulation for the development of the Organic Law 4/2000
Instruction DGI/SGRJ/03/2007, relating to Royal Decree 240/2007, of February 16, on Entry, Free Circulation and Residence in Spain of Citizens of EU Member States or other States Party to the Agreement on the European Economic Area .
Instruction DGI/SGRJ/08/2006, of December 26, about the regime applicable to nationals of Bulgaria and Romania during the transitory period of free circulation for employed workers .
ORDER PRE 3654/2007 (Presidency Ministry), of December 14, which establishes the amounts corresponding to the fees for the granting of administrative authorisations, the issue of documents related to immigration and foreigners, or the procedure to obtain visas at the border.

contents

Websites of interest

Web page of the Home Office ( Ministerio del Interior ) on the legal status of European residents
http://www.mir.es/SGACAVT/extranje/ciudadanos_UE/

Web page of the Ministry of Public Administrations on residence situations of EU citizens in Spain
http://www.map.es/servicios/servicios_on_line/extranjeria/ciudadanos_UE.html

Web page of the Ministry of Labour and Immigration referring to the regime of EU citizens in Spain
http://extranjeros.mtas.es

Web page of the Ministry of Foreign Affairs and Cooperation
http://www.maec.es/es/home/Paginas/HomeEs.aspx

Web page of the Foreigners' Office dependent on the Alicante Government Subdelegation with specific information on the regime of UE citizens
http://www.consultor.com/oue/regcomun.html

Web page of the European Residents Area of the Diputación de Alicante (Alicante Province Government), which provides abundant legal, administrative, current affairs and leisure information addressed to European residents in the Alicante province.
http://www.residenteseuropeos.com/

contents

Offices and registries

Comisarías según localidad de origen

Police quarters in Alicante
C/ Isabel la Católica 25. 03007- Alicante. Telephone: 965148847 / 965148848
Public opening hours: 9 am to 2 pm from Monday to Friday.

Foreigners' Office in Altea
C/ San Isidro Labrador , nº1. 03590, Altea
Telephone No: 965 019 260
Public opening hours: 9 am to 2 pm from Monday to Friday.

National Police Station in Elche
C/ Abeto 1 , CP: 03203 – Elche
Telephone No.: 966 613 968
Public opening hours: 9 am to 2 pm from Monday to Friday.

National Police Station in Torrevieja
C/ Maldonado 57. CP: 03181 – Torrevieja
Telephone No.: 965 708 834
Public opening hours: 9 am to 2 pm from Monday to Friday

National Police Station in Orihuela
C/ Sol 34, CP: 03300 – Orihuela
Telephone No.: 965 303 244
Public opening hours: 9 am to 2 pm from Monday to Friday.

National Police Station in Benidorm
C/Apolo XI, 36 , CP: 03500 – Benidorm
Telephone: 965 855 308
Public opening hours: 9 am to 2 pm from Monday to Friday.

National Police Station in Denia
C/ Castel d'Olimbroi, 5, CP: 03700 – Denia
Telephone No.: 966 420 555
Public opening hours: 9 am to 2 pm from Monday to Friday.

National Police Station in Elda
C/ Lamberto Amat 26, CP: 03600 – Elda
Telephone No.: 966 980 101
Public opening hours: 9 am to 2 pm from Monday to Friday. 20

National Police Station in Alcoy
C/ Peru 10, CP: 03803 - Alcoy
Telephone No.: 965 330 493
Public opening hours: 9 am to 2 pm from Monday to Friday.

Foreigners' Office in Alicante
C/ Ebanistería 4-6, CP: 03008 - Alicante
Telephone No.: 965 019 338

Unit of Information and Attention to the Citizen at the General Immigration Directorate of the Ministry of Labour and Social Affairs
Telephone No.: 91 363 90 71 / 91 363 90 69 / 91 363 71 08

contents

Legal warning: the information contained in this guide has a merely informative nature, and generates no rights, expectations or responsibilities whatsoever for the Diputación de Alicante (Alicante Province Government).