EU Residency in Spain for EU Citizens and Their Family Members

Posted by Dreamer

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How to obtain Spanish residency for EU citizens and their non-EU family members: the registration certificate (certificado de registro) and the EU-family member residence card (tarjeta de residencia de familiar de ciudadano de la Unión) revealed

For European Union citizens:

What is the registration certificate (certificado de registro)?
Who needs one?
How much does it cost?
How long does it take to get one?
Where do I get one?
How long is it good for?
What do I need to do to get one?

For the non-European Union family members of EU citizens:

What is the EU-family member residence card (tarjeta de residencia de familiar de ciudadano de la Unión)?
Who is considered a family member?
Who needs one?
How much does it cost?
How long does it take to get one?
Where do I get one?
How long is it good for?
What do I need to do to get one?

European Union citizens:

What is the registration certificate (certificado de registro)?

The registration certificate is a document that certifies your residence in Spain with the Central Register of Foreigners (Registro Central de Extranjeros) and lists your name, where you live, your nationality, the date you registered, and your Foreigner’s Identity Number (the so-called NIE, which you’ll need for any number of financial transactions in Spain).

Note that getting your NIE is automatically incorporated into the registration process now and that since April 2007 the registration certificate replaces the old requirement for a residence card among EU citizens.

Who needs a registration certificate?

You need one if:

  1. You are a citizen of one of the following countries: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Sweden, Switzerland, and the UK. (Note that these EU rules include citizens of Iceland, Liechtenstein, Norway, and Switzerland, four countries that aren’t part of the EU, but who have made special agreements with the EU.);
  2. You intend to live or reside in Spain for more than three months.

However, if you had a Spanish residence card before April 2007, you don’t need to get a registration certificate until your current residence card expires.

How much does a registration certificate cost?

It costs 6.70 euros, the same amount that Spaniards pay for their national ID card, the DNI (Documento Nacional de Identidad).

How long does it take to get one?

Assuming you have everything you need, the registration certificate is issued to you on the spot when you turn in your paperwork. That said, getting an appointment to turn in your paperwork varies depending on the region, and in some cases can be a matter of months.

Where do I get a registration certificate?

At the Oficina de Extranjeros or Comisaría de Policía closest to where you live or plan to live. Click here for their addresses and telephone numbers.

How long is the registration certificate good for?

In most cases, it’s good forever. However, if you move within Spain, you should get it updated, and if you move outside of Spain, you should formally give up your registration. It’s identical to the process to get the registration certificate except you’ll have to tick a different box on the form.

If you live in Spain continuously for more than five years, you can choose to get permanent residency.

What do I need to do to get a registration certificate?

You should register within three months of arriving in Spain. Here’s how:

  1. Download form EX 16, fill it out, and sign it.
  2. Make an appointment with the nearest Oficina de Extranjeros by phone (if you can!) or in person (make sure to get there very early). Take this opportunity to ask for a form called Modelo 790. You’ll then have to go to a bank to pay the 6.70 euros and have the form stamped for confirmation.
  3. Bring your passport, the EX 16 form, and the stamped Modelo 790 to your appointment.
  4. Hand your forms over when the Spanish civil servant asks for them.
  5. Take your new registration certificate home with you. Congratulations, you’re now a Spanish resident!

 

Non-European Union family members of EU citizens:

What is the EU-family member residence card (tarjeta de residencia de familiar de ciudadano de la Unión)?

The EU-family member residence card certifies your residence in Spain as an official family member of an EU citizen. As such you have the right to enjoy the same conditions as a Spanish or EU citizen (e.g. the right to reside in Spain and the right to work).

Who is considered a family member of an EU citizen?

For the purposes of obtaining an EU-family member residence card in Spain, the family members of EU citizens are:

  • Current spouses or registered domestic partners (unless separated);
  • Your minor children (yours or those of your spouse or registered domestic partner);
  • Dependent parents (yours or those of your spouse or registered domestic partner).

 

Who needs an EU-family member residence card?

You need one if:

  1. You are a family member of a citizen of one of the following countries: Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the UK;
  2. You plan to join or accompany your EU family member in Spain;
  3. You plan to live or reside in Spain for more than three months.

How much does an EU-family member residence card cost?

It costs 6.70 euros, the same amount that Spaniards pay for their national ID card, the DNI (Documento Nacional de Identidad).

How long does it take to get an EU-family member residence card?

In accordance with EU law, you should get your residence card within six months from the day you turn in all your paperwork, but you must make an appointment to do so. However, the time needed to first make an appointment can vary by region. 

An informant in Madrid had this to say: “In theory you can make an appointment by phone or in person, but after I called at all hours of the day for more than a month, I finally had to resign to the fact that the office never answers their phone. To make an appointment in person, you have to be among the first fifty people in line when they open their doors on any given day. The day I went I arrived almost two hours before they opened, and that was fine. A little after nine they began to hand out numbers and sort people out. Once I got my number and was allowed into the building, our group had to wait in another line inside. When it was my turn I was handed a form, an information sheet, and issued an appointment for two and a half months in the future. I had questions, but the lady motioned to the line behind me and said she didn’t have time. Two and a half months later I returned. Even though my appointment was for a certain time, I had to wait another hour and a half to turn in my paperwork, which took all of five minutes. The man went down the list asking for the different elements, which I gave him. He then fingerprinted me and said that a letter should arrive in the mail within two months with instructions on how to pick up the card from the police station. That was a month ago.”

Where do I get an EU-family member residence card?

At the Oficina de Extranjeros or Comisaría de Policía closest to where you live or plan to live. Click here for their addresses and telephone numbers.

How long is the EU-family member residence card good for?

It’s good for up to five years. If after that time you still live in Spain with your family member, you can get another one or opt for permanent residence.

What do I need to do to get an EU-family member residence card (tarjeta de residencia de familiar de ciudadano de la Unión)?

You should register within three months of arriving in Spain. Here’s how:

  1. Download form EX 16, fill it out, and sign it.
  2. Make an appointment with the nearest Oficina de Extranjeros by phone (if you can!) or in person (make sure you get there early). Take this opportunity to ask for a form called Modelo 790. You’ll then have to go to a bank to pay the 6.70 euros and have the form stamped for confirmation.
  3. Bring the following items to your appointment:
    • Your passport.
    • Your family member’s passport (or DNI if your family member is Spanish).
    • Your family member’s registration certificate (if your family member is not Spanish).
    • The EX 16 form.
    • The stamped Modelo 790.
    • A document that establishes your family tie to the EU citizen. If the document is not in Spanish, it will need to be translated and legalized or have an apostille on it. In the case of a spouse, you’ll need to bring a marriage certificate issued from an EU country that is less than three months old. If you were married more than three months ago, you’ll have to request a new certificate for this purpose. For those who were married in Spain, you can request the certificate in person, by mail, or online from the Ministerio de Justicia.
    • Photocopies of everything listed above.
    • Three passport-sized photographs in color.
  4. Hand your forms over when the Spanish civil servant asks for them. They’ll stamp your copy of the EX 16 as a record.
  5.  

  6. Wait for a letter in the mail with instructions on picking up your residence card.
  7. Pick up your card. Congratulations, you’re now a Spanish resident!

Last updated 04 02 2010


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28/Feb/2010:
ROB1305 said:

The official guide

For the Regulations document in English

http://extranjeros.mtin.es/es/InformacionInteres/FolletosInformativos/archivos/VERSION_INGLES.pdf

 
05/Feb/2010:
ceez said:

The "comunidades" of Spain are autonomous and have different ways (could be called rules) in treating the the application of residence permits. In some comunidades you don´t have to have an appointment to apply. It´s a walk-in process. Now it´s going to depend on where the applicant chooses to do this.

 
04/Feb/2010:
t-f-s said:

To ceez and jensfobcn,

Thank you for your responses. I don't have any appointment as yet. I am planning to start the process within the coming months. I will be applying for the EU family member residency card, so it looks like that makes the process easier. I am presently contacting lawyers in Madrid to clarify some points.

Thanks again for taking the time to answer my query.

 
04/Feb/2010:
jensfobcn's avatar jensfobcn said:

To t-f-s: do you have an appointment to turn in your papers, or has your residency already been approved and you have an appointment to pick up the card? If it's the latter, the receipt that they gave you works as proof of your legal status for up to 45 days (the card can be picked up at around 30 days). If your appointment is just to turn in the initial papers, I would say that this would not be valid to extend your stay. However, if your residency is being obtained via a family member, an attorney will tell you that you cannot be denied residency status just because you are technically in Spain illegally. You just cannot leave the country while you're getting this taken care of.

Mind you, I am not an attorney, I am only speaking from personal experience.

 
04/Feb/2010:
ceez said:


t-f-s said:
Hello All,

As a non-European, I can only stay in Spain for three months after arrival. But this process seemingly takes longer. When my three months are up, does simply having an appointment for the residency card extend my stay? In other words, if the process is underway, do I have permission to stay (even if the card hasn't been delivered)? Or do I have to leave and come back for the appointment months later?

Thanks for any advice!!


What kind of residence card are you applying for? If you are applying for an EU family member residence card, then you should be able to stay after the application to await the outcome of your application. They will issue you an application entry paper which kinda serves if you have any control till your application has a resolution. I hope this helped. Good luck!

 
06/Jan/2010:
t-f-s said:

Hello All,

As a non-European, I can only stay in Spain for three months after arrival. But this process seemingly takes longer. When my three months are up, does simply having an appointment for the residency card extend my stay? In other words, if the process is underway, do I have permission to stay (even if the card hasn't been delivered)? Or do I have to leave and come back for the appointment months later?

Thanks for any advice!!

 
11/Dec/2009:
jensfobcn's avatar jensfobcn said:

Thanks so much for this information, it really helped me a lot. I just completed the process (waiting for the card) but I wanted to mention that here in Barcelona there is an extra step. After Step 4, they give you a letter that says "starting on X date go X office and present: this letter, copy of EX16 (stamped in the first office), passport, 3 photos and your old residence card if you have one". I did this today; I showed up with all of that stuff and in less than 5 minutes (after waiting two hours) they gave me payment slip for 10 euros to be paid at any bank, and a tiny little piece of paper that will allow me to pick up the card in person (at another office) in 30 days.

Hope this helps someone!

 
10/Sep/2009:
Tenno said:

Hi All,

Thanks for the information it helped me a lot. Can someone suggest any English speaking lawyer in Barcelona or Madrid?

Thanks,
Tenno

 
02/Jul/2009:
Tahn said:

Thanks for the informative article Dreamer. I have a follow up question regarding getting an EU family member residence card.

I'm Australian, and live in Sweden with my Swedish GF under a permanent spouse visa. I've been here 2 years so I am still a year short of getting a Swedish residency. My GF has been offered a good job in Spain, and as far as we can see we have 2 options if we want to both move to Spain

A)I can just stay in Spain 'under the radar'. Problem here is that if I live anywhere in the EU illegally at any time Sweden won't give me a residency (ie EU passport) next year.

B)We can get married in Sweden before leaving, and then Sara applies for a residency in Spain, and I apply for EU family member residency immediately after. This leads me to my questions...

The questions are;

1- You mention that the marriage certificate must be less than 3 months old. Even if we get our marriage certificate right before we leave, how will we ever get to present it in time, if the appointment you are given is than 2-3 months away? Can you see the dilemma?

2- Can we, and would it be better, to get the appointment, and then marry in Spain? Is it even legal for a non-EU citizen to marry in Spain?

I hope you can help here- we are a bit confused and clearly in need of some direction!

 
23/Feb/2009:
ceez said:

RE:madcandylee

The card automatically permits you to work, however you´d need to go for "seguridad social" card to be able to work. Autonomo is also asigned in the seguridad social office but I don´t know the Criteria. I think the easiest way to seek the "autonomo" type is through a lawyer.

 
11/Dec/2008:
madcandylee said:

hi all...i went through this process last year and i just want to recommend hiring a lawyer. i hired someone in madrid based on another expat's recommendation and he handled all aspects of the process--paperwork, getting the appt, he even went with me to the appt and we were ushered right to the clerk--no waiting. from the time of my marriage in sep 07, i had the card in jan 01. the price for me was good, 130 euros, definitely worth not having the headaches of all the lines!

one question, when you say that the card gives me the right to work, does that mean i don't need a "permiso de trabajo?" i ask because i was at the comisaria the other day getting my baby's dni and asked the funcionario if he knew what i had to do to become autonomo. he looked at my card and said that i can't because i don't have a card allowing me permission to work. i know funcionarios are often wrong..was he???

thanks for an amazing article dreamer!

 
02/Dec/2008:
El Trebo said:

Your link for addresses of Oficinas de Extranjeros does not open. Please could you advise me of the address in Elda. Thank you. Trevor

 
29/Oct/2008:
Dreamer's avatar Dreamer said:

Greyspaniard, this is not a reference to gaining Spanish nationality. See page 6 from "Regulations governing EU citizens in Spain": http://extranjeros.mtas.es/es/InformacionInteres/FolletosInformativos/archivos/VERSION_INGLES.pdf.

 
26/Oct/2008:
greyspaniard said:

In the notes on the Registration Certificate it says that if you have lived in Spain for more than 5 years you can apply for permanent residence - this a new one on me, having lived here fro 10 years.

Can anyone explain or is it a reference to taking nationality?

 
20/Sep/2008:
Dreamer's avatar Dreamer said:

The article has been updated conerning the UK and Ireland.

Yes, UK nationals should acquire residency to stay in Spain for more than three months. See here: http://ukinspain.fco.gov.uk/en/help-for-british-nationals/living-in-spain/entry-resident-requirements.

Regarding the tax residency question, I suggest you consult with your accountant.

 
16/Sep/2008:
helios said:

On the legal pages of this website, in the section on "Who needs a registration certificate" there is a list of countries but this does not include the United Kingdom. Is this an accidental omission or are the requirements for UK citizens in Spain different from those of the nationals of other EU countries? In particular, does a UK national staying or living in Spain for more than 3 months require Spanish Residency? (It used to be required if you lived in Spain for 183 days or more in any one fiscal year). If the period is now only 3 months this has great implications for those who have second homes in Spain and spend, say, 4 to 6 months in Spain in the winter. Does residency still mean that the person's world-wide tax affairs are then subject to the Spanish taxation regime?

 
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"The official guide

For the Regulations document in English

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