Residence certificate for Community citizens

Service description

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).

MEMBER STATES OF THE EUROPEAN UNION AND COUNTRIES PART OF THE AGREEMENT ON THE EUROPEAN ECONOMIC AREA

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).

Steps to follow:

WHO CAN APPLY? :

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.

Documents required:

Note: in general, copies of the documents must be provided, the originals must be submitted at the time of application.

• Application form – in official form (EX-18) – in duplicate, duly completed and signed by the citizen of the Union.
• Passport or identity document valid and in force. In case it has expired, you will need to provide a copy of this and of the renewal application.

Depending on the case:

• If you are an employee, you can provide one of the following documents:
  • Contract of employment or certificate of employment, including at least the name and address of the company, the tax identification and the code of the “cuenta de cotización” (contribution accout code).
  • Employment contract registered with the Public Employment Service, or the communication of procurement and its conditions through the “CONTRAT@” platform.
  • “Documento de alta” – or equivalent situation in the corresponding treatment of the  Sistema de Seguridad Social – or consent checking the data in the archives of the Tesoreria General de la Seguridad Social or the Agencia Tributaria..
• If you are a self-employed person, you can provide any of the following documents:
  • Registration on the Economic Activities List (“Censo de Actividades Económicos”)
  • Registration in the Central Mercantile Register.
  • “Documento de alta” – or equivalent situation in the corresponding treatment of the  Sistema de Seguridad Social – or consent checking the data in the archives of the Tesoreria General de la Seguridad Social or the Agencia Tributaria.
• If you are not working in Spain, you must provide:
  • Documentation attesting the possession of a public or private health insurance, taken out in Spain or in another country – that provides coverage in Spain during the period of residence, equivalent to that provided by the Sapnish National Health System.Pensioners comply with this condition by providing certification stating that they already have health care, at the expense of the State from which they receive their pension.
  • Documentation attesting the possession of sufficient resources for yourself and your relatives during the period of residence in Spain. This possession can be proved by the means of proof accepted by law – such as securities, bank checks, documentation concerning the possession of incomes, credit cards with a bank statement that certifies the amount of credit available on the card.
• If you are a student, you must provide:
  • Documentation proving the enrollment in a public or private institution recognized or funded by the  Educational Administration.
  • Documentation proving possession of a public or private health insurance.You can provide an European Health Card valid for the period of residence which enables to receive healthcare.
  • Declaration of having sufficient resources for yourself and your relatives throughout the period of residence in Spain.
  • Shall be considered to be sufficient for the fulfillment of these requirements the submission of the documentation demonstrating the participation in a European Union program that fosters the educational exchange for students and teachers.
• If you are a family member of a Union citizen, you must provide:
  • Documentation proving the family bond with the Union citizen
  • Documentation proving the economic dependence on him/her
  • Documentation proving that the Union citizen is a student/employed/self-employed – and that is has sufficient resources for himself and his relatives and health insurance.

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.

What’s included:

Our immigration lawyers are at your disposal:

• To guide you through the whole process of obtaining the residence;
• To defend the interests of foreigners wishing to study in Spain;
• To help you obtain your Residence certificate for Community citizens as soon as possible;
• Assistance at all times regarding all kinds of questions that arise in relation to the issue.

What’s not included:

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.