Nuestros abogados expertos en extranjería e inmigración podrán ayudarte
All the nationals of a member state of the European Union, of a third country part of the agreement concerning the European Economic Area (EEA) and Swiss nationals residents in Spain for more than three months are required to register in the Central Register of Foreign Nationals (Registro Central de Extranjeros).
Germany, Austria, Belgium, Bulgaria, Croatia, Cyprus, Denmark, Slovakia, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Iceland, Ireland *, Italy, Latvia, Liechtenstein *, Lithuania, Luxembourg, Malta, Norway * , Netherlands, Poland, Portugal, United Kingdom, Czech Republic, Romania, Sweden, Switzerland **
· European Parliament and Council directive 2004/38/EC of 29 April 2004 on the right of Union citizens and their relatives to move and reside freely throughout the European Union.
· Royal Decree 240/2007, of 16 February, concerning the right of entry, free movement and residence in Spain for nationals of a Member State of the European Union and nationals of a third country part of the agreement concerning the European Economic Area (EEA).
· Order PRE /1490/2012, of 9 July, laying down the procedure for the application of Article 7 of the Royal Decree 240/2004 concerning the right of entry, free movement and residence in Spain for nationals of a Member State of the European Union and nationals of a third country part of the agreement concerning the European Economic Area (EEA).
Every national of a Member State of the European Union or another country part of the Agreement concerning the European Economic Area has the right of residence in Spanish territory for a period exceeding three months if:
• he/she has a salaried position or is a self-employed person in Spain,
• he/she has sufficient resources for himself and his relatives, in order to ensure that they do not become a burden to the spanish social care system during their period of residence.
For the same purpose, it is also necessary to provide health insurance – public or private, taken out in Spain or in another country – that provides coverage in Spain during the period of residence, equivalent to that provided by the Spanish National Health System.
– The assessment of the adequacy of the economic means will be carried out individually and, in any case, taking into account the applicant’s personal and family situation.
The economic means shall be considered to be sufficient if they exceed the amount fixed yearly by State Budget Act for obtaining the right to receive a non-contributory benefit, taking into account the applicant’s personal and family situation.
• He/she is a student enrolled in a public or private institution recognized or funded by the Educational Administration, who is in Spain for the purpose of study, research or training.
the student must have health insurance – public or private – taken out in Spain or in another country – that provides coverage in Spain during the period of residence, and a statutory declaration certifying the possession of sufficient resources for him/herself and his/her relatives, in order to ensure that they do not become a burden to the spanish social care system during their period of residence.
• He/she is a national of a Member State or a relative who accompanies or reunites with a national of the Union or of the European Economic Area, who fulfil at least one of the conditions described above.
The “family member” can be:
– In the case of a family member of a student: his/her spouse or life partner, his/her children, his/her spouse’s/life partner’s children.
– In all other cases: his/her spouse or life partner, his/her direct descendants and those of the spouse or life partner under the age of 21 – or older if disabled, or dependents – and his/her/spouse’s direct dependent relatives in the ascending line.
– “Dependent” means those family members whose financial support is provided by the EU citizen and need material support to cover their basic needs. This dependency must already exist in the country of origin.
Note: in general, copies of the documents must be provided, the originals must be submitted at the time of application.
Depending on the case:
Important note: documents from other countries must be translated into Castilian or into another official language of the place of submission of the application.
When it comes to standard European Union forms, neither translation nor type-approval documentation will be necessary, in accordance with the provisions of the corresponding Community regulations. (For example: sanitary models S1, E109, E 121 …)
In the other cases, all foreign public records first have to be legalized by the Spanish consular office with legal jurisdiction in the country which issued the document or, where necessary, by the Ministerio de Asuntos Exteriores y de Cooperación, except where this document has been certified by the competent authority of the issuing country according to the Hague Convention of 5 October 1961, and unless this document is exempted from legalization under the International Convention.
To obtain more information on the translation and legalization of documents, consult the corresponding information sheet.
Our immigration lawyers are at your disposal:
We do not provide assistance at the Spanish Consulates in the applicant’s country of origin. We provide personal assistance in our offices in Madrid, Barcelona and Santo Domingo, in the Dominican Republic.
In all other cases, we can offer professional legal advice online.
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Un abogado especializado y experto en extranjería e inmigración, le informará sobre cómo solucionar su problema. Para asesoramiento más amplio, podemos atenderle por Skype o en nuestro despacho en Madrid. Solicite cita previa llamando al +34 918 272 222.
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