How I can get a stay as a student?
How I can get a permit to live and work in Spain?
Do European Citizens with residence in Spain have to renew their Driver’s License?
Article 15.4 of the General Regulation on Drivers (Royal Decree D818/2009, dated May 8th) establishes the obligation of citizens of the European Union with legal residence in Spain to renew your driving license.
This requirement relates:
– EU citizens who have legal residence in Spain for 2 years, beginning to count this period from January 19, 2013, date of entry into force of Directive 2006/126 / EC – and whose driving license has an indefinite validity or an expiration date exceeding 15 years for Group 1 permits (AM, A1, A2, A, B and BE) or more than five years expiration term for Group 2 licenses (BTP, C1, C1E, C, CE D1, D1E, D, DE).
These people must renew their driving license from January 19th, 2015.
Those EU citizens who have taken up residence in Spain after January 1, 2013, shall renew their driving license after two years of obtaining the residence (For example, if a EU citizen has obtained legal residence on 06.06.2014 , he/she must renew his/her permit after 06/06/2016).
On the other hand, those EU citizens resident in Spain whose drivers’ license has expired or will soon expire, should also renew their drivers’ license. To renew a driving license in any of the abovementioned cases, legal residents who hold a driving license obtained in their country and who have lived in Spain for two or more years should make an appointment. This appointment can be scheduled by calling 060 or through the DGT website, where you will be informed of deadlines, administrative requirements, documentation to present, and any other details necessary to successfully renew his driver’s license.
Legislation: – Directive 2006/126 / EC – Article 15 of Royal Decree 818/2009, of May 8, by which the General Drivers Regulations are approved
How does Regulation EU 650/2012 change inheritance law?
The main aspects introduced by this Regulation are as follows:
- The regulation applies in all European Union Member States, however, Denmark, Ireland and the United Kingdom do not participate.
- These new rules apply to the succession of those who die on or after 17 August 2015.
- Wills granted prior to 17 August 2015 will still be valid, although we recommend you consult a Notary Public or a lawyer to check that your choice of legislation is still valid.
- The regulation allows citizens to choose that the law that should apply to their succession should be the law of their country of nationality, provided they comply with a number of simple requirements. The law applies even if the country in question is not an EU Member State.
- The regulation governs the civil law aspects of any method of transferring goods, rights and obligations upon death, in both voluntary transfers (wills) and in cases of intestacy.
Legislation: Regulation (EC) n. 650/2012 of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession.
What is the Municipal Register (Padrón municipal)?
The “Padrón Muncipal” is an administrative record where all residents of a municipality are registered. It reflects, among others, the personal data, nationality, identity card or passport number, level of education and the habitual residence. Registration in the Municipal Register constitutes proof of residence in the town and habitual residence in the same, although it does not constitute proof of legal residence in Spain nor will it give any right not conferred by the current legislation. The census aims to count and identify the inhabitants of a municipality for the purpose of providing it with public services (health centers, schools, public transport, etc.) that are appropriate to their population size. The Spanish law requires each Local Administration to organize certain municipal services for its citizens, so that the more inhabitants a municipality has, the more complete mandatory services it has.
Being registered at the Municipal Register is a necessary requirement to access essential services such as education, primary social care or in order to obtain the Health card.
How and where can I register?
Registration in the Register shall be done in the municipality in which the citizen normally lives. In the case of having several homes in Spain, registration should be made in the municipality in which one lives a longer period throughout the year. Registration in the Municipal Register is a free process. Everyone living in Spain is obliged to register in the Register of the municipality in which he/she usually resides. To proceed with the registration, the applicant shall provide the original and photocopy of their identity card or passport and Certificate of Registration in the Central Register of Foreigners (only for those who have it), provisional document for asylum seeker or identity card valid for non-EU foreign nationals issued by a Spanish authority. In addition, to establish habitual residence in the home, you will need to provide evidence to prove so, for example, deed of home ownership, lease contract or other means to prove residency.
All residents must inform their local Town Council about any changes of personal circumstances which may imply modification of the registration data.
What is the NIE and what is it valid for?
The Foreigners Identification Number (NIE) is a personal, unique and exclusive number that the Directorate General of Police assigns to foreigners. This number must appear on all public documents issued or processed to any foreign citizen in Spain, as well as all requests foreigners address to Public Administrations. It would be also needed in many proceedings between private parties (banks, insurances, etc.).
The NIE is not an identification document; therefore European Citizens should also present their official documentation (passport, identity card of their country of origin, etc.). The NIE can be requested once you are in Spain or in your country of origin through the Spanish Embassy or Consulate. In Spain, the NIE should be requested at the National Police Office depending on your municipality of residence. The Police Office for each municipality in the province of Alicante, and the necessary documentation is available on the following link.
How and where can I obtain a NIE?
Foreigners who are in the province of Alicante and need to be assigned a NIE number must personally go to the services that the National Police have enabled in this province for processing.
Currently this service is available in:
- ALICANTE (on the premises of the Foreign Office of Alicante, in Calle Ebanistería 4)
In police stations of:
- ALCOY
- BENIDORM
- DENIA
- ELCHE
- ELDA
- ORIHUELA
- ORIHUELA COSTA
- TORREVIEJA
In addition to the above locations, the National Police has enabled a service for this procedure in the Town hall of Teulada. The official form to be filled in to for the request is (EX-15). Foreigners should be legally in Spain, in order to be granted a NIE.
I am a EU citizen, what it is and how can I get the Certificate of Registration as a citizen of the Union (Certificado de Registro como Ciudadano de la Unión)?
If you reside in the province of Alicante you must apply in person for registration in one of the following Police Stations:
- ALCOY (at the police station of the National Police)
- ALICANTE (at the service that the National Police has in the Aliens Office of Alicante – Oficina de Extranjería-, in C / Ebanisteria 4)
- ALTEA (at the Aliens Office of Altea)
- BENIDORM (at the National Police Station)
- DENIA (at the National Police Station)
- ELCHE (at the National Police Station)
- ELDA (at the National Police Station)
- Orihuela (at the National Police Station)
- Orihuela Costa (at the National Police Station)
- Teulada (in the service that the National Police has at Teulada’s Town Hall)
- Torrevieja (at the National Police Station)
The certificate of registration as a citizen of the EU in the Central Register of Foreigners is a personal process, which should be done by the person concerned. Required documents to apply:
• Valid passport or national identity card. In case the document has expired, the expired document and receipt of renewal.
• Proof of fee payment (in the year 2013 the fee was: 10,40€) which must be paid prior to the issuance of the certificate of registration.
• Official application form (Ex -18)
Once the fee has been paid, upon verification of the information provided, the authorities will immediately issue a certificate of registration as EU citizen which shall contain the name, nationality, address, foreign identity number and registration date.
http://extranjeros.inclusion.gob.es/es/informacioninteres/InformacionProcedimientos/index.html
How I can obtain Spanish nationality?
For a foreigner, getting the Spanish nationality is the maximum expression of legal integration in our country. Nationality is granted by the State and provides rights that are vital to the person. Spanish nationality grants some exclusive rights, such as allows the person to exercise the right to vote, to access charges and specific jobs, or the access to certain public functions. The granting of nationality is not free, it is subject to compliance with certain requirements set by the State and the law, and may be refused for reasons of public order or national interest.
There are different ways to get the Spanish nationality depending on individual circumstances: by residence, by choice, by naturalization, by possession of status and with value of mere presumption.
What are the implications of dual citizenship?
A person how has two nationalities has a double legal link. The person with dual citizenship is , at once , a national of two countries , enjoying the full legal status of nationals of both States. However, this does not mean that these people can be simultaneously subjected to the laws of both countries but, on the contrary, there are means to “give preference to a nationality ” to the person with dual nationality, in order to have a point of reference regarding the relationship between the citizen and the State. To do this, most of the agreements on dual citizenship take the citizen’s home as a reference point, so that citizens with two nationalities are not constantly subject to both laws, but only to those of the country in which they have set their home.
This applies to issues such as the issue of passports, diplomatic protection, the exercise of civil and political rights, labor rights and social security and military obligations.
Who can have dual citizenship?
Nationals from Latin American countries, Andorra, Philippines, Equatorial Guinea or Portugal do not need to give up their nationality. Latin American countries are considered for this purpose those where Spanish or Portuguese are one of the official languages??. In order to acquire dual citizenship Haiti, Jamaica, Trinidad and Tobago and Guyana are not considered Latin American countries, while Puerto Rico is considered Iberoamerican.
More information: http://www.mjusticia.gob.es/cs/Satellite/es/1215198282690/EstructuraOrganica.html
What do I need to contract services like electricity, water and telephone?
Contracting domestic services for your home, whether it’s new or second-hand, will depend on regulations in the municipal area where the building is situated, but generally speaking, both formalities require the same documentation.
Services are contracted separately with each supply company (electricity, water, telephone, gas, etc.) and there are normally a number of companies supplying the same service (except for water, which is usually provided by one company) so it’s advisable to ask for several estimates before contracting.
The contract is normally agreed in writing or via telephone or internet, but in any case, it’s important to ask for a copy so you are sure of certain details like your customer number, meter number if applicable, financial terms and conditions and technical information about the service (such as contracted electrical power, etc.).
Urban regulations in the Valencian Community (Comunidad Valenciana) state that, to contract their services, water, electricity, gas, telephone and telecoms supply companies require the owner of the work or activity to produce proof of having obtained the appropriate town planning documentation plus a copy of the paperwork involved.
The following paperwork is usually required by supply companies:
- Notification regarding the First Occupancy of the building or subsequent occupancies if more than 10 years have elapsed since building work was completed. Normally the Town or City Council subsequently issues a Habitability or 2nd Occupancy Certificate, but the statement is usually enough to contract the service.
- Technical certificate confirming that the dwelling has adequate installations (electrical, water pipes, etc.) to cope with the supply.
- Document proving the applicant’s identity (ID card, passport, Foreign Resident’s Identity Card, etc.).
- Document proving that the applicant either owns or is authorised to use the dwelling (title deeds, rental contract, etc.).
Legislation:
Articles 214 and 226 of Law 5/2014, of 25 July, on Land Use, Urban Planning and Landscape in the Valencian Community (Ley 5/2014, de 25 de julio, de Ordenación del Territorio, Urbanismo y Paisaje, de la Comunitat Valenciana).
Municipal town planning or licensing regulations
Links:
What should I do if I lose my NIE? And if I change my address?
In Spain, the NIE is the number that identifies anyone with a nationality other than Spanish who will be dealing with the Administration or carrying out financial, professional or social activities. The number is personal, unique and exclusive to each individual.
The NIE can be mentioned in a number of documents, such as the NIE Certificate issued by the the Spanish tax authority (Agencia Estatal de la Administración Tributaria), which lists the foreign national’s details but does not include a photograph; the European Citizen Registration Certificate issued by the Foreigners’ Central Registry (Registro Central de Extranjeros); the Residence Card for Family Members of EU/EEA Nationals//Resident card for family members of European citizens (Tarjeta de Familiar Comunitario); and the Foreign National Identity Card (Tarjeta de Identificación de Extranjeros).
The information contained in these documents must be kept up to date, so if your details change, especially your address, you are required to inform the Spanish authorities so they can make the relevant alterations and issue a new document with the correct information.
If you lose your identity document you must inform the Spanish authorities of the loss and request a duplicate of the missing document. The expiry date shown on the new document will be the same as on the lost one.
In all cases, the issue of registration certificates or residence cards will be done in accordance with the models established by the competent Authorities and following payment of the relevant fee.
Legislation:
Royal Decree 240/2007, of 16 February, on the entry, free movement and residence in Spain of citizens from European Union Member States and from other States belonging to the European Economic Area Agreement (Real Decreto 240/2007, de 16 de febrero, sobre entrada, libre circulación y residencia en España de ciudadanos de los Estados miembros de la Unión Europea y de otros Estados parte en el Acuerdo sobre el Espacio Económico Europeo).
Royal Decree 240/2007, of 16 February, on the entry, free movement and residence in Spain of citizens from European Union Member States and from other States belonging to the European Economic Area Agreement.
Links:
What is the Apostille on a document and when do I need it?
An Apostille consists of placing a note on a public document that certifies the authenticity of the signature on public documents issued in a particular country and they must be recognised in any other country belonging to the Hague Convention without the need for any other form of authentication.
You can check which countries signed up the Hague Convention on the website shown in the Links section.
The following can be given an Apostille:
- Legal documents: issues by an authority or civil servant connected with a State jurisdiction, including those issued by the Ministry for Taxation (Ministerio Fiscal) or by a Lawyer in the Justice Administration, an official or a judicial agent.
- Administrative documents:
- Official certificates placed on private documents, such as a document registration certificate, certification of the accuracy of a date and official and notarial authentications of signatures on private documents.
To obtain an Apostille on a Public Administrative or Legal document (including Civil Registry documents), citizens may apply to any of the competent authorities listed below:
- Ministry of Justice Central Citizens’ Service Office (Oficina Central de Atención al Ciudadano)
- Ministry of Justice Regional Management Offices (Gerencias Territoriales)
- Government Secretarial Departments (Secretarías de Gobierno) of the Supreme Court of Justice (Tribunales Superiores de Justicia)
- Official Notary Associations (Colegios Notariales) or Notaries delegated by them.
Legislation:
Treaty XII of the Hague Conference on Private International Law, of 5 October 1961.
Royal Decree 1497/2011, of 24 October, setting out the competent civil servants and authorities to carry out the single legalisation or Apostille as established by the Hague Convention (Real Decreto 1497/2011, de 24 de octubre, por el que se determinan los funcionarios y autoridades competentes para realizar la legalización única o Apostilla prevista por el Convenio XII de la Conferencia de La Haya de Derecho Internacional Privado, de 5 de octubre de 1961).
Links:
What is the difference between “stay” (estancia) and “residence” (residencia)?
According to Spanish legislation, people with nationality other than Spanish may be in Spain in circumstances of stay or residence.
“Stay” means being on Spanish soil for a period of time not exceeding 90 days. This stay may be undertaken with or without a visa, depending on the status and home country of the person in question.
After the 90-day period has expired, in order to remain in Spain, you will have to obtain an extension of your stay or a residence permit. Failure to do this means your situation in Spain will be irregular.
Residents are citizens of a nationality other than Spanish who live in Spain and hold a residence permit. A resident may obtain a permit for temporary residence or for long-term residence.
Obtaining temporary residence means that foreign nationals may remain in Spain for a period of more than 90 days and less than five years.
Obtaining long-term residence means that foreign nationals may live and work in Spain indefinitely, in the same conditions as Spaniards.
There are different ways of obtaining these forms of administrative status so you should check the appropriate legislation to find out the requirements and the documentation needed in each case.
Legislation:
Organic Law 4/2000, of 11 January, on the rights and freedoms of foreign nationals in Spain and their social integration (Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social).
Links:
How does a private individual become a tax resident in Spain?
A private individual is resident in Spanish territory for tax purposes when any of the following circumstances apply:
- They remain in Spanish territory for more than 183 days in a calendar year. To calculate this period of permanence on Spanish soil, sporadic absences are counted unless the taxpayer can prove they are a tax resident of another country. In the case of countries or territories classed as tax havens, the Tax Authority may demand proof of permanence there for 183 days in a calendar year.
- The main core or basis of their economic activities or interests is either directly or indirectly based in Spain.
- Spain is the habitual residence for their spouse who is not legally separated and any children who are minors and who are dependent on this individual. This case is open to proof to the contrary.
Conversely, an individual will be considered not resident in Spain if none of the above requirements are met.
The Spanish tax authority will issue the individual a certificate stating that they are or are not resident in Spain for tax purposes.
The status of resident or non-resident in Spain for tax purposes is relevant in various circumstances, for example, for buying or selling residential accommodation, if the seller is non-resident then the buyer is required to retain part of the price and pay it to the Tax Authority.
Legislation:
Law 35/2006, of 28 November, on Personal Income Tax partially modifying the laws on Company Taxation, Non-Residents’ Income and on Personal Assets (Ley 35/2006, de 28 de noviembre, del Impuesto sobre la Renta de las Personas Físicas y de modificación parcial de las leyes de los Impuestos sobre Sociedades, sobre la Renta de no Residentes y sobre el Patrimonio).
Links:
I'm a European Union citizen and I'm planning to live in Spain. What should I do about my driving licence?
Driving licences issued in any European Union Member State or in European Economic Area (EEA) States in accordance with EC regulations will remain valid in Spain under the same terms and conditions as they were issued in their country of origin, provided that the legal driving age is the same as that in Spain for obtaining the equivalent Spanish licence. Restricted, suspended or confiscated driving licences will not be valid in Spain.
Driving licence holders who have acquired habitual residence in Spain will be subject to Spanish laws in terms of the period the licence is in force, monitoring of their psychophysical skills and points credit allocation. If the driving licence is subject to a particular period of currency, the holder must renew it once two years have elapsed since they established their habitual place of residence in Spain. In addition, they may go to their nearest Provincial Traffic Headquarters (Jefatura Provincial de Tráfico) and apply to have their driving licence exchanged for an equivalent Spanish licence. In some cases, a straight exchange may be agreed.
Legislation:
Royal Decree 818/2009, of 8 May, approving the General Regulations for Drivers (Real Decreto 818/2009, de 8 de mayo, por el que se aprueba el Reglamento General de Conductores).
Links:
I'm a foreign national and I'm planning to live in Spain. What should I do about my driving licence?
If the holder of a driving licence issued by a country other than Spain or a non-European Union Member State or a non-European Economic Area (EEA) State and cannot prove their habitual place of residence is in Spain, they may only use the licence in Spain if no more than six months have elapsed since they arrived on Spanish soil in regular circumstances. After this period has expired, the driving licence will cease to be valid for driving in Spain and if the holder wishes to continue driving, they must obtain a Spanish driving licence after having proved they comply with the appropriate requirements and having passed the relevant tests.
Once the six-month period has elapsed, the driving licence holder may continue driving in Spain after having exchanged their driving licence for a Spanish one, if this is permitted under an agreement, provided the requirements set out in the agreement signed with each country are met.
The driving licence holder may exchange their licence for its Spanish equivalent as soon as they acquire their habitual place of residence in Spain, without having to wait for the six-month period to elapse.
Driving licence holders may exchange their licences for the Spanish equivalent by requesting the official form at their nearest Provincial Traffic Headquarters (Jefatura Provincial de Tráfico) and submit the completed form together with the documents required by current legislation.
The Spanish driving licence issued as a result of the exchange, as well as subsequent renewals, duplicates or any other transaction involving this document will show that it was issued in exchange for another driving licence originally issued in a non-European Community country.
Legislation:
Royal Decree 818/2009, of 8 May, approving the General Regulations for Drivers (Real Decreto 818/2009, de 8 de mayo, por el que se aprueba el Reglamento General de Conductores).
Links:
What happens if I stay in Spain as a tourist for more than 90 days?
The answer is different, depending on whether you are a citizen of a European Union (EU) country or a citizen of a non-European Union country.
If you are a citizen of the EU (or of a member state in the European Economic Area or Switzerland) wanting to live in Spain for a period of more than 3 months, you must register with the Foreigners’ Central Registry (Registro Central de Extranjeros), which will issue you with a Certificate of Registration. You must comply with a series of requirements, with the most important being:
– you must be in work (either self-employed or employed by someone else);
– if you are not in work you must prove that you have sufficient means to support yourself and dependent family members as well as a valid medical insurance policy;
– if you are a student at an official institution you must have a valid medical insurance policy.
– A family member of yours who lives with you may remain with you, provided they comply with the legal requirements in force.
If you are a foreign national from a country other than those listed above, in principle the maximum length of time you can remain in Spain (if you have a tourist visa or are exempt from having to obtain one) is 90 days. After the 90-day period has expired, in order to remain in Spain, you will have to obtain a stay extension or a residence permit; if you do not do this your situation in Spain will be irregular. If you are a foreign national and you have entered Spain on a tourist visa and subsequently received a job offer, you must return to your home country and the employer must apply to the Spanish authorities for the initial temporary residence permit and employed person’s work permit.
Legislation:
Organic Law 4/2000, of 11 January, on the rights and freedoms of foreign nationals in Spain and their social integration.
Royal Decree 240/2007, of 16 February, on the entry, free movement and residence in Spain of citizens from European Union Member States and from other States belonging to the Agreement on the European Economic Area.
Order PRE/1490/2012, of 9 July, enacting rules for the application of article 7 of Royal Decree 240/2004, of 16 February, on the entry, free movement and residence in Spain of citizens from European Union Member States and from other States belonging to the Agreement on the European Economic Area.
Links:
http://www.empleo.gob.es/es/Guia/texto/guia_15/contenidos/guia_15_36_1.htm
How do I get my educational qualifications recognised in Spain?
Official University qualifications: generally speaking, any higher education qualifications that need to be recognised or made equivalent must have been issued by an officially recognised University or higher education institution abroad.
Recognition gives the foreign qualification the same effects as the Spanish equivalent qualification. One of the main effects is being able to practice a particular profession, for example, a medical doctor or a lawyer, notwithstanding the need to comply with other requirements demanded by Spanish legislation for the exercise of that profession (such as membership of a professional organisation).
There are other kinds of recognition for Higher Education qualifications, including equivalents of qualifications, academic grades, validations, etc. Please check current legislation to find out which one applies in your case.
The procedure begins by completing a standard application form which is sent to the Ministry responsible for education matters. You will need to provide a series of documents, which are listed in the regulations, although the essential ones are shown below:
- A notarised copy of the document proving the applicant’s identity and nationality, issued by the competent authorities in applicant’s home country or country of origin.
- A notarised copy of the qualification for which recognition is being sought or of the certificate proving it was issued.
- A notarised copy of the academic qualifications’ certificates, stating the official duration of the courses studied, the subjects studied and the hours of study for each qualification.
- Payment of the relevant fee.
- The documents must be submitted in legalised and/or apostille form and accompanied by the notarised copy of their official translation into Spanish.
NON-University qualifications: you may apply for them to be recognised (recognised as a fully valid qualification) or made equivalent (recognised at academic level only in order for the applicant to be able study for a higher education qualification, for example, recognising a secondary education certificate in order to apply to study at a University in Spain). The documents and procedures required are similar to the ones described above.
Legislation:
Royal Decree 967/2014, of 21 November, establishing the requirements and procedure for the recognition and statement of equivalence of official university qualifications and academic level and for the validation of foreign higher education studies, and the procedure for determining the levels of equivalence with the Spanish qualifications framework for higher education for the official qualifications of Architect, Engineer, Graduate, Technical Architect, Technical Engineer and University Diploma.
Order ECD/2654/2015, of 3 December, which states the regulations for the development and application of Royal Decree 967/2014, of 21 November, regarding the procedure for the recognition and declaration of equivalence of foreign higher education qualifications.
Links:
http://www.mecd.gob.es/alemania/reconocimiento-titulos/para-extranjeros.html
I own property in Spain and I want to make a Will, how can I do this?
A Will is the document in which someone states what they want their last wishes to be and arranges the sharing out of their goods and assets after their death.
Having a Will means you know that your wishes will be carried out when you die; it will also prevent confusion and will make the process of splitting up your legacy simpler and cheaper, so it is advisable to have one, especially when you reach a certain age and in some situations of ill-health.
For a person whose nationality is not Spanish with real estate property in Spain, especially if they also live here, it is more practical to make a Will in Spain that applies to these assets. Although a Will made in someone’s home country is equally valid in Spain, the procedures for validating that Will in Spain (translation, legalising and/or apostille, etc.) usually makes the inheritance process more complicated and more expensive.
Normally, the Will of a foreign national drawn up in Spain is written in double columns, one in Spanish and the other in their own language, with the help of an interpreter.
After the introduction of Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession, the law applied is that of the habitual residence, unless the Will expressly states that its national law should be applied.
Legislation:
Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of mortis causa succession and on the creation of a European Certificate of Succession.
Royal Decree of 24 July 1889 publishing the Civil Code.
Links: