Citizens of the European Union in Spain – Stay and Residence

This section contains the conditions for the exercise of rights of entry and exit, free movement, stay, residence, permanent residence and work in Spain by citizens of other Member States of the European Union (Germany, Austria , Belgium, Bulgaria, Cyprus, Croatia, Denmark, Slovenia, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, Slovak Republic, Romania and Sweden), of the remaining States party to the Agreement on the European Economic Area (Norway, Iceland and Liechtenstein) and of the nationals of the Swiss Confederation, as well as the limitations to the above rights for reasons of public order, public security or public health.

 

STAY LESS THAN THREE MONTHS

In the cases in which the permanence in Spain of a citizen of a Member State of the European Union or of another State party to the Agreement on the European Economic Area, whatever its purpose, lasts less than three months, will be The possession of a valid passport or identity document, by virtue of which the entry into Spanish territory has been made, is sufficient, not counting said permanence for the purposes derived from the residence situation.

The provisions of the preceding section shall apply to the relatives of citizens of a Member State of the European Union or of another State party to the Agreement on the European Economic Area, who are not nationals of one of these States, and accompany the citizen of one of these States or meet with him, who are in possession of a valid and in force passport, and who have fulfilled the entry requirements.

RESIDENCE OF MORE THAN THREE MONTHS

Citizens of a Member State of the European Union or of another State party to the Agreement on the European Economic Area and of Switzerland have the right of residence in Spanish territory for a period exceeding three months if they are in any of the following cases:

They are employed or self-employed in Spain.
They have sufficient resources for themselves and their family members to avoid becoming a burden for social assistance in Spain during their period of residence, as well as public or private health insurance that covers all risks in Spain.
The assessment of the sufficiency of financial means will be carried out individually and, in any case, taking into account the personal and family situation of the applicant. Sufficient accreditation for compliance with this requirement will be considered to have resources that are higher than the amount established each year by the General State Budget Law to generate the right to receive a non-contributory benefit.
They are students and are enrolled in a public or private center, recognized or financed by the competent educational administration, with a training purpose; and they have public or private health insurance that provides complete coverage in Spain and guarantees that they have sufficient resources for themselves and the members of their family so as not to become a burden for the social assistance of the Spanish State during their period of residence.
They are family members who accompany or are going to meet a citizen of a Member State of the European Union or of another State party to the Agreement on the European Economic Area or of Switzerland who meets the conditions contemplated in any of the previous cases. The family member may be:
In the case of a relative of the student, their spouse or registered domestic partner or the children of the student and their spouse or dependent partner.
In all other cases, the spouse or registered common-law partner, their direct descendants and those of their spouse or partner who are under 21 years of age or incapable or over said age who are dependent on them, and their direct ascendants or those of their spouse or of the registered partner who live in your care.
This right of residence is also applicable to family members, whatever their nationality, if they accompany or are going to meet a citizen of a Member State of the European Union or of another State party to the Agreement on the European Economic Area or from Switzerland that meets the conditions set out in sections “a”, “b” or “c” above.

In the case of citizens of the European Union or of another State party to the Agreement on the European Economic Area or of Switzerland who are in the case of the aforementioned letter “c” (students) and meet the conditions established for their residence in such condition, only the spouse or common-law partner registered in a public registry and dependent children, regardless of their nationality, will have the right of residence as members of their family.

Likewise, the citizen of the European Union or of another State party to the Agreement on the European Economic Area who no longer carries out any activity as an employed or self-employed person shall maintain the status of an employed or self-employed worker in the following cases :

If you suffer a temporary disability resulting from an illness or accident;
If, having been duly accredited involuntary unemployment, after having been employed for more than a year, you have registered with the competent employment service in order to find a job;
If, having been duly accredited involuntary unemployment after concluding a fixed-term employment contract of less than one year or having been involuntarily unemployed during the first twelve months, you have registered with the competent employment service in order to find a job . In this case, the status of worker will be maintained for a period that may not be less than six months;
If you follow a professional training that is related to your previous employment, unless you are in a situation of involuntary unemployment.
The interested parties will be obliged to request personally before the Foreigners Office of the province where they intend to stay or establish their residence or, failing that, before the corresponding Police Station, their registration in the Central Registry of Foreigners.

The application must be submitted within three months from the date of entry into Spain, and a registration certificate will be immediately issued which will include the name, nationality and address of the registered person, his foreigner identity number, and the date of registration.

Documentation

Along with the registration application (EX-18), the valid and valid passport or national identity document of the applicant must be presented or, if it is expired, a copy of it and the renewal application, as well as the following documentation (original and copy), depending on the cases in which the applicant is:

Employed workers must provide a statement of employment from the employer or a certificate of employment. In any case, the presentation of the work contract registered in the corresponding Public Employment Service or registration document, or situation assimilated to registration, in the corresponding Social Security regime will be admitted, although this documentation will not be necessary if the interested party consents to the verification of said data in the Files of the General Treasury of the Social Security.
Self-employed workers will provide proof that they are self-employed. In any case, the registration in the Economic Activities Census or the justification of its establishment by means of the registration in the Mercantile Registry or the registration document or situation assimilated to the registration in the corresponding Social Security regime will be admitted, although it will not be The provision of this documentation is necessary if the interested party consents to the verification of said data in the Files of the General Treasury of the Social Security or of the Tax Agency.
People who do not carry out a work activity in Spain must provide documentation proving compliance with the following two conditions:
Health insurance, public or private, contracted in Spain or in another country, provided that it provides coverage in Spain during your period of residence equivalent to that provided by the National Health System. It shall be understood, in any case, that pensioners meet this condition if they prove, through the corresponding certification, that they have the right to health care at the expense of the State for which they receive their pension.
Availability of sufficient resources, for themselves and for their family members, so as not to become a burden for the social assistance of Spain during their period of residence.
The accreditation of the possession of sufficient resources will be carried out by any means of proof admitted by law, such as property titles, certified checks, supporting documentation of obtaining capital income or credit cards, providing in the latter case an updated bank certification that accredits the amount available as a credit of said card.

The assessment of the sufficiency of means must be carried out individually, and in any case, taking into account the personal and family situation of the applicant.

Sufficient accreditation for compliance with this requirement will be considered to have resources that are higher than the amount established each year by the General State Budget Law to generate the right to receive a non-contributory benefit, taking into account the personal and family situation of the interested.

Students, including those who are studying vocational training, must present documentation proving their compliance

the following conditions:
Enrollment in a center, public or private, recognized or financed by the competent educational administration.
Health insurance, public or private, contracted in Spain or in another country as long as it provides full coverage in Spain. However, this condition will be considered fulfilled if the student has a European health card with a validity period that covers the entire period of residence and that enables him to receive, exclusively, the health benefits that are necessary from a medical point of view .
Responsible declaration that you have sufficient resources for yourself and the members of your family, so as not to become a burden for the social assistance of Spain during your period of residence.
Participation in European Union programs that promote educational exchanges for students and teachers will be considered sufficient accreditation for compliance with these requirements.

Family members who are nationals of a Member State of the European Union or of another State party to the Agreement on the European Economic Area and Switzerland must request registration in the Central Registry of Foreigners in accordance with the form set out above, providing:

Updated and, where appropriate, legalized supporting documentation of the family relationship with the Union citizen.
Documentation accrediting economic dependence.
Documentation that proves that the relative who gives him the right is either an employed or self-employed worker, or that he has sufficient means of living and health insurance, or that he is a student, has sufficient means for himself and for the members of his family and health insurance.
Note on the validity of foreign public documents: To check the necessary requirements related to the legalization and translation of foreign public documents, you can consult the information sheet of the General Secretariat for Immigration and Emigration.

RESIDENCE OF A NON-COMMUNITY FAMILY MEMBER OF A EUROPEAN UNION CITIZEN

The members of the family of a citizen of a Member State of the European Union or of a State party to the Agreement on the European Economic Area or Switzerland, included in the scope of Royal Decree 240/2007, of February 16 , On entry, free movement and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area who do not hold the nationality of one of those States, when they accompany or meet with it, they will be able to reside in Spain for a period exceeding three months, being subject to the obligation to request and obtain a “residence card for a relative of a citizen of the European Union”.

The application for the residence card of a family member of a Union citizen must be presented personally by the family member within three months from the date of entry into Spain, before the Foreigners Office of the province where the interested party intends to stay or fix his / her residence or, failing that, before the corresponding Police Station.
In any case, a receipt certifying the presentation of the card application will be delivered immediately, which will be sufficient to prove your legal status until the card is delivered. The possession of the receipt may not constitute a prerequisite for the exercise of other rights or the performance of administrative procedures, provided that the beneficiary of the rights can prove her situation by any other means of proof.

Together with the application form (EX-19) for the residence card of a relative of a Union citizen, duly completed and signed by the relative of the Union citizen, the following documentation must be presented personally by the relative (original and copy ):

Valid and valid full passport. If it is expired, a copy of it and the renewal application.
Documentation proving the existence of a family bond with the citizen of the Union or the European Economic Area.
In the case of an unregistered couple, documentation proving that they constitute a stable couple that attests the existence of a lasting bond, as well as justification of the time of marital coexistence or, where appropriate, the birth certificate of the offspring in common.
If you are the child of a citizen of the Union or the European Economic Area or of your spouse or registered domestic partner over 21 years of age, documentation proving your status as a dependent or dependent family member.
If you are a minor child and do not reside in Spain with both parents, documentation proving your status as a dependent or dependent family member of the Union citizen or your spouse or registered partner.
If you are an ascendant of the Union citizen or your spouse or registered partner, documentation proving your status as a dependent.
Citizen’s DNI is

storeroom or registration certificate of the Union citizen they are accompanying or with whom they are going to meet.
In the case of other members of the family, referred to in article 2.bis.1.a) of Royal Decree 240/2007, of February 16, documents proving dependency, degree of kinship and, in your case, of the existence of serious reasons of health or disability or coexistence.
Three recent passport-size color photographs on a white background.
Fees for the legally established amount.
Depending on the condition met by the citizen of the Union or the European Economic Area:

If you are an employed person: you can provide any of the following documents:
Employer’s hiring statement or employment certificate, including, at least, the data of the name and address of the company, tax identification and contribution account code.
Work contract registered with the Public Employment Service, or the communication of the contract and its conditions through the CONTRAT @ platform.
Registration document or situation assimilated to registration in the corresponding Social Security regime or consent to verify the data in the files of the General Treasury of the Social Security.
Self-employed worker may provide any of the following documents:
Registration in the Census of Economic Activities.
Justification of its establishment by Inscription in the Mercantile Registry.
Registration document or situation assimilated to registration in the corresponding Social Security system, or consent to verify the data in the files of the General Treasury of Social Security or the Tax Agency.
If you do not work in Spain, you must provide:
Documentation proving that you have public or private health insurance, contracted in Spain or in another country, provided that it provides coverage in Spain during your period of residence equivalent to that provided by the National Health System. Pensioners meet this condition by providing certification of having health care at the expense of the State for which they receive a pension.
Documentation that proves the availability of sufficient resources for the citizen of the Union and his family members for the period of residence in Spain. It may be accredited by any means of proof admitted by law, such as property titles, certified checks, supporting documentation of obtaining capital income or credit cards with bank certification that accredits the amount available as credit of said card.
If you are a student, you must present the following documentation:
Enrollment from the teaching center, public or private, recognized or financed by the competent educational administration.
Documentation proving that you have public or private health insurance. You can provide a European health card with a validity that covers the period of residence and enables you to receive the necessary health benefits from a medical point of view, taking into account the nature of the benefits and the expected duration.
Responsible declaration that you have sufficient resources for yourself and for the members of your family, for your period of residence in Spain.
The presentation of supporting documentation to participate in a European Union program that favors educational exchange for students and teachers will be considered sufficient for compliance with the requirements.

Note on the validity of foreign public documents: To check the necessary requirements related to the legalization and translation of foreign public documents, you can consult the information sheet of the General Secretariat for Immigration and Emigration.

The issuance of the residence card of a relative of a citizen of the Union must be carried out within the period of three months following the presentation of the application. The favorable resolution will have retroactive effects, the residence status being understood to be valid from the accredited date of entry into Spain being a relative of a Union citizen.

The residence card for a relative of a Union citizen shall be valid for five years from the date of issue, or for the planned period of residence of the citizen of the Union or of a State party to the Agreement on the Economic Area. European, if said period is less than five years. In the event that the renewal of the residence card is necessary before acquiring the right to reside permanently, said renewal will be processed in accordance with the provisions above, although in the case of ascendants and descendants the contribution of the documentation proving the existence of the family bond that entitles the card to be issued.

MAINTENANCE ON A PERSONAL TITLE OF THE RIGHT OF RESIDENCE OF THE MEMBERS OF THE FAMILY, IN CASE OF DEATH, EXIT FROM SPAIN, NULLITY OF THE MARRIAGE BOND, DIVORCE OR CANCELLATION OF REGISTRATION AS A REGISTERED PARTNER, IN RELATION TO THE HOLDER OF THE RIGHT OF RESIDENCE

The death of a citizen of a Member State of the European Union or of a State party to the Agreement on the European Economic Area, his departure from Spain, or the nullity of the marriage bond, divorce or cancellation of registration as a registered partner, will not affect to the right of residence of the members of his family who are citizens of one of said States.

The death of a citizen of a Member State of the European Union or of a State party to the Agreement on the European Economic Area, in the case of family members who are not citizens of one of these States, will not affect their right to residence, provided that they have resided in Spain, as family members, before the death of the right holder. Family members will be obliged to notify the competent authorities of the death.

The departure from Spain or the death of the citizen of a Member State of the European Union or of a State party to the Agreement on the European Economic Area will not entail the loss of the right of residence of their children or of the parent who has effective custody of these, regardless of their nationality, as long as said children reside in Spain and are enrolled in a teaching center to study, until their completion.

In the case of nullity of the marriage bond, divorce or cancellation of the registration as a registered couple, of a national of a Member State of the European Union or of a State party to the Agreement on the European Economic Area, with a national of a State if it is not, the latter shall have the obligation to communicate said circumstance to the competent authorities. To preserve the right of residence, one of the following assumptions must be proven:

Duration of at least three years of the marriage or registered partner status, until the beginning of the judicial procedure for the nullity of the marriage, divorce or the cancellation of the registration as a registered partner, of which it must be proven that at least one of the years has passed in Spain.
Granting, by mutual agreement or judicial decision, of the custody of the children of the Community citizen, to the former spouse or former registered partner who is not a citizen of a Member State of the European Union or of a State party to the Agreement on the European Economic Area .
Existence of especially difficult circumstances such as:
Having been a victim of gender-based violence during the marriage or the situation of a registered partner, a circumstance that will be considered provisionally proven when there is a protection order in their favor or a report from the Public Prosecutor’s Office indicating the existence of signs of violence of gender, and definitively when a judicial decision has been issued from which it is deduced that the alleged circumstances have occurred.
Having been subjected to human trafficking by their spouse or partner during the marriage or the status of a registered partner, a circumstance that will be considered provisionally proven when there is a judicial process in which the spouse or partner has the status of defendant and their that of the possible victim, and definitively when a judicial decision has been passed from which it is deduced that the alleged circumstances have occurred.
Judicial resolution or mutual agreement between the parties that determines the right to visit, the minor child, the former spouse or former registered partner who is not a citizen of a Member State of the European Union or of a State party to the Agreement on the Economic Area European, when said minor resides in Spain and said resolution or agreement is in force.

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