Join the Almoradí forum

Join the Almoradí forumMy name's Jan and this is my website all about Almoradí in Spain. Register now for free to talk about Residency in Almoradí: padron, residencia and passport advice and much more!

Jim's guide - The Residency certificate

Whatsapp

Posted: Fri Aug 24, 2018 4:47pm
57 replies1484 views24 members subscribed
  • Page 1 of 6:
  • 1
  • 2
  • 3
  • ...
  • 6
jimtaylor

jimtaylor

Legendary helpful member

Posts: 2352

Location: Almoradí

3291 helpful posts

THE REASON FOR THIS GUIDE

There is so much information on the internet, and on this forum, about residency, that a guide such as this should not be necessary. However, many people keep asking the same old questions, presumably because they either struggle to do an effective search, or don't always understand what they find. In some ways I can sympathise, as many of the articles about residency are out of date, incomplete, or lacking in detailed instructions. Although there is a lot of good information on our forum, it's in numerous threads and, like every forum I've ever known, the search facility isn't as good as it might be.

I decided therefore to produce this guide in an attempt to put all the necessary information in one place. Hopefully this will provide a resource for people who need to know about residency and, in the longer term, save people like Nicola and myself from having to keep answering questions, either on the open forum or by PMs.

I'd point out that it takes a long time to produce a comprehensive guide like this, and I just hope that I haven't been wasting my time. I'll have to wait and see what the responses are and also how many people click the Helpful button. At the worst, I'll use it as a model for the situation post-Brexit.

It's a long guide simply because I wanted to make it as comprehensive as possible. It could get even longer if I get feedback about additional information!

WHAT'S IT ALL ABOUT, ALFIE?

'Residencia' is what most of us call the green paper or card that we receive when we register as residents, and the word residencia does appear in the descriptive text about the subject, but what we actually receive is a certificate of residency. It is only non-EU citizens who receive a card with the word Residencia on it. Be that as it may, I'll continue to call it residencia.

You can stay in Spain for up to three months, and for that all you need is your passport. For stays of more than three months, it is a legal requirement that you register your presence.

You don't have to wait three months before you apply for residencia - you can do it as soon as you make the permanent move out here.

A residencia certificate (CERTIFICADO DE REGISTRO DE CIUDADANO DE LA UNIÓN) is a document certifying that someone from another EU country is legally resident in Spain, and that the person is registered on the Central Register of Foreign Nationals (Registro Central de Extranjeros).

It used to be an A4 piece of green paper, but for some years now it has been issued as a credit card size piece of card. It contains the person's name, date and place of birth, nationality, address, NIE number, and date of issue. It does not have an expiry date.

It cannot be used as proof of identity, but the credit card size of certificate is easier to carry than the A4 NIE document, for occasions when you need to show your NIE number.

Part of the application process is that you have to prove that you will not be a financial burden on the state, by providing proof of an acceptable level of income, and by providing proof of health cover. More on these topics later.

You don't need to have previously obtained an NIE number before applying for residencia - the NIE number can be obtained as part of the residencia process.

ADVANTAGES

In my opinion, the principal advantage is that you are complying with the law, and therefore legally resident. This could well be advantageous post-Brexit.

Most of the material advantages revolve around the fact that if you're resident in Spain, then you pay residents' taxes here. If you're not legally resident, then you're classed as non-resident.

For examples:

Non-residents pay an annual tax based on the value of their property. Residents do not pay this tax.

Non-residents with rental income have to do a quarterly tax return for any rental income they receive. Residents include rental income in their annual tax return. If you pay someone else to do your returns, then a non-resident pays for four returns whilst a resident pays for one. Also, a resident has the advantage of the various tax allowances.

Inheritance tax prior to Brexit is the same for residents and non-residents. Post-Brexit, unless the current law is amended (which may well be the case), inheritors will only receive the national tax allowance, which is very much lower than the regional Valencian allowance.

If a non-resident sells a property in Spain, then the buyer retains 3% of the price and pays this to the tax office. This can be recovered if it's more than the tax due, but it could be a lengthy process.

Post-Brexit, non-EU non-residents who sell a property will pay a higher rate of capital gains tax than do EU citizens.

If a resident sells his principal residence and re-invests the proceeds in another property, then he doesn't pay capital gains tax on the sale of the first property.

There are several other aspects as well, for examples:

A non-resident can potentially have his car impounded if stopped for a traffic offence.

Some municipalities offer benefits to residents

Having a non-resident bank account incurs considerable charges that resident accounts do not have.

RELEVANT LEGISLATION

If you fancy a bit of light reading, the following is some of the legislation related to the subject:

E.U. Directive 2004/38/EC

Real Decreto 240/2007

Real Decreto 557/2011

Ley 6/2018

Orden PRE/1490/2012

Where I provide quotes from the legislation in subsequent sections, these are my translations.

DOCUMENTS REQUIRED

Application form:

The application form is the EX-18. Post-Brexit it will probably be EX-17, but that will be a separate topic when the time comes.

There are a great many links to the EX-18 on the internet, and even active links to the old EX-16, which became redundant some years ago. Some of the links to the EX-18 are for old formats. The links to the current format are:

Immigration office:

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/18-Certificado_Residencia_comunitaria.pdf

National police station:

https://sede.policia.gob.es/portalCiudadano/extranjeria/EX18.pdf

Irrespective of which link you follow, both give the same form. This is an editable PDF. It can be completed online then downloaded or printed, or it can be downloaded as is and then completed in your PDF reader.

You need to take two completed copies.

See later for completion instructions.

Passport:

Valid passport and copy.

If it has expired and you've sent it back to the UK for renewal, a copy of both the passport and the renewal application must be provided.

NIE?:

There isn't any requirement to provide an NIE. However, as the various offices that issue residencias seem to operate to their own rules, then I suggest that you take your NIE if you've got one, just in case.

Padrón?:

As above, there isn't any requirement to provide a copy of your padrón but, again, you could take one just to prove your address. Alternatively, you could take your escritura, a nota simple or a long-term rental contract. If your town hall won't let you register on the padrón because you don't have residencia, ask if they'd issue you with a temporary one if you return with a copy of the appointment you will be making for your residencia application.

Photograph?:

This definitely is not required.

Other requirements:

Other things you need to produce all depend on what category of applicant you are. These are detailed in the following sections.

Students:

A student has the right to live in Spain whilst studying or undergoing professional training, for the duration of this, provided he/she produces documentary proofs of:

a). Enrolment in a  education institution (state or private) that is either funded or recognised by the Spanish education authorities.

b). Having public or private health insurance, contracted either in Spain or in another country, that provides complete cover in Spain.

The law states:

However, this condition will be deemed to be met if the student has a European Health Insurance Card that is valid for a period that covers the entire period of residence and that allows him to receive, exclusively, any medical assistance that is necessary from a medical point of view, taking into account the nature of the assistance and the envisaged duration.

I find this somewhat strange - it implies that the law considers anyone young enough to be a student to be healthy enough to only require cover for emergency treatment.

c). Provision of a sworn statement that of having sufficient financial resources for oneself and any family members, so there is no risk of becoming a burden on Spain’s social security system during the period of residence.

Compliance with this requirement is considered to be met by producing proof of taking part in a EU educational exchange programme for students and teachers.

Note:

You could lose your right to residency if you complete your studies and are unable to prove you are working or have sufficient financial resources to support yourself, and family members if applicable.

Employed:

By employed, I mean legally employed with a contract and paying social security contributions.

You need to produce, from your employer, a contract or certificate of employment (certificado de vida laboral) for a minimum of six months, to prove that you are employed here. The contract must include, at least, the name and address of the company, and its tax code and social security contribution code.

If you are not yet working, you will need proof of a job offer that has been registered with the Ministry of Labour (Servicio Público de Empleo).

You may need to consent to checks being carried out about you with Social Security contribution records (Ficheros de la Tesorería General de la Seguridad Social), to prove that you are paying Social Security contributions.

Self-employed:

By self-employed, I mean paying social security contributions and being registered with the relevant authorities.

You must provide evidence that you are self-employed (Autónomo) by providing one of the following:

a). Registration on the Economic Activities list (Censo de Actividades Económicos).

b). Proof that your business is in the Companies Register (Registro Mercantil).

c). Proof of registration with the Social Security system.

d). Giving consent to your details being checked in the Social Security General Treasury records (Ficheros de la Tesorería General de la Seguridad Social) or those of the Tax Agency (Agencia Tributaria).

Jobseeker:

I'm including this as a separate category because jobseekers seem to be treated differently under EU rules. However, I've been unable to find any mention of different treatment for jobseekers in Spanish legislation.

The EU view seems to be that a jobseeker can stay in another EU state for six months without having to register as a resident and without having to prove that you can support yourself financially.

After six months without finding a job, the authorities could re-assess your entitlement to stay in the country, and you'd need to provide proof that you're actively seeking work and, moreover, have a reasonable chance of finding a job.

As you've not been paying into the social security system, you do not have any entitlement to non-contributory benefits.

Bear in mind that I can't find the above information in Spanish legislation, so it appears that jobseekers should be grouped within the category of people not working in Spain.

Not working in Spain:

This category includes pensioners and those who have retired early. You need to provide two things:

1). Proof of health cover:

The law states:

You must also provide public or private health insurance, contracted in Spain or in another country, that provides coverage in Spain during your period of residence equivalent to that provided by the National Health System.

If you're in receipt of the UK state retirement pension, or an 'exportable benefit' like Disability Living Allowance, you need to get from DWP at Newcastle a form S1, which enables you to transfer your health cover from the UK to Spain.

If anyone has a problem with their S1 being accepted, refer the clerk to the following government website:

http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html

where it states:

Los pensionistas cumplen con esta condición aportando certificación de disponer de asistencia sanitaria con cargo al Estado por el que perciben pensión.

Nota importante: cuando se aporten documentos de otros países deberán estar traducidos al castellano o lengua cooficial del territorio donde se presente la solicitud.

Cuando se trate de formularios estándares de la Unión Europea no será necesaria ni su traducción, ni su legalización de conformidad con lo dispuesto en la normativa comunitaria que los ampara. Por ejemplo: modelos de asistencia sanitaria S1, E109, E 121...

This is a very clear statement that an S1 is acceptable, and that it does not need translating.

If you're not entitled to an S1, you need to have private health insurance, contracted in Spain or in another country, that provides full cover in Spain, equivalent to that provided by the Spanish National Health System (Sistema Nacional de Salud).

The emphasis is on full cover, i.e, it must cover pre-existing conditions, cover unlimited hospital stays, and not be subject to co-payments.

To avoid people taking out such a policy and then cancelling it after obtaining residencia, you need to provide proof that you have paid for twelve months cover.

The insurance company should provide a certificate confirming that the policy meets residencia requirements and has been paid for one year, and you should present this certificate and not the actual policy - but take the policy with you just in case.

2). Proof of finances:

What you need to do is to prove that you have sufficient resources (including for family member(s) if applicable) that you're not going to become a financial burden on the Spanish social services.

To quote from Orden PRE/1490/2012:

Accreditation of the possession of sufficient resources, whether by periodic income, including work or other income, or by the possession of an estate, shall be carried out by any means of proof admitted by law, such as property titles, certified checks , documentation justifying obtaining capital income or credit cards. In this latter case, an up to date bank certificate proving the amount available by way of credit on the aforesaid card shall be produced.

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

The assessment of sufficient resources must be carried out on an individual basis, taking into account the applicant’s personal and family circumstances. The possession of resources that are more than the amount established each year by the State General Budgets Act (Ley de Presupuestos Generales de Estado) that justifies the right to receive non-contributory benefits, taking into account the interested persons’ personal and family circumstances, will be regarded as sufficient proof to meet this requirement.

To simplify the above, you need to prove that you have a regular income or own a capital asset. Acceptable income can be from a pension, salary, income from capital, property rental etc. Unfortunately, the legislation does not specify the period for which you need to prove the regular income. If you own a property in the UK, then in theory it should be sufficient to produce the deeds, although these would need to be translated and bear the Hague Apostille, and the same would apply to bonds or shares etc. Documents can also be legalised beforehand by the Spanish Consular Office in the UK or by the Ministerio de Asuntos Exteriores y de Cooperación.

Some offices might accept proof of ownership of such an asset instead of proof of a regular income, and others might want proof of both bank balance and income. I disagree that you should be asked to prove a bank balance, but you'd have to be a brave person to start arguing the toss over this with whoever processes your application!

Some offices may accept a current bank balance in excess of €6,000, whereas others might be satisfied with statements showing consecutive monthly deposits of €600; and some might be satisfied with evidence of three monthly deposits, whereas others might want to see six monthly deposits. It's best to go prepared with as much evidence as you can gather.

The obvious way to prove proof of income is to provide bank statements. You could also ask your bank if they will provide a 'certificado bancario' stating that you have a regular income with them. I think it would also be wise to have to hand - but not produce unless challenged - a document proving that it is a regular income - like DWP's notice regarding the annual increase in your pension.

The reference above to the “Ley de Presupuestos Generales de Estado” is important, as it is this law which defines the amount of income that yours must exceed. There is a new law published every year, and that published in 2018 (Ley 6/2018) with the figures for 2018 states that for an individual, the amount is €5178,60 p.a., which is €431.55 p.m. This is well below the amount that immigration and police offices require, and I think they may be using another indicator in the law, known as the IPREM (Indicador Público de Renta de Efectos Múltiples), which is €6454.03 p.a. or €537.84 p.m.

I can well understand the authorities rounding this up to €600 for the purposes of residencia, to ensure that a person's income doesn't dip below the benefit threshold due exchange rate fluctuations.

If there are two or more of you applying as a family unit, and you don't all individually have income exceeding the minimum, then it gets a bit more complicated, as it depends on the relationship between you.

If you live only with your spouse and/or second-degree blood relatives (brother-sister, grandchild or grandparent), then the amounts are:

Two people: €8,803.62

Three people: €12,428.64

Four people: €16,053.66

Five people: €19,678.68

If among the blood relatives with whom you live, there is one of first-degree (parents or children), then the official amounts are:

Two people: €22,009.05

Three people: €31,071.60

Four people: €40,134.15

Five people: €49,196.70

The above figures are those specified by social services but, to me, seem ridiculously high in the context of qualifying for residencia. I am of the opinion that the qualifying amounts will be simple multiples of the IPREM referred to above.

If you apply as a couple, and your spouse on their own doesn't meet the residencia requirements because their income is below that required, and so makes her application as a family member (see later), and your combined income meets the requirements for two people, then it might be helpful to take your marriage certificate, and produce this if challenged.

As a final note to this topic, post-Brexit anyone applying for an identity card (TIE) will have to show resources of four times the IPREM referred to above, i.e. €2151.36 p.m. If some form of agreement isn't reached about this requirement, then very few people will be able to come and legally live in Spain.

Children:

I can't find anything specific about this in the legislation, so the following is just a guess regarding the requirements. If anyone has done it, I'd welcome feedback.

Passport of both child and applicant parent.

Parent's residency certificate.

Marriage certificate.

Child's birth certificate - probably with an official translation if not born in Spain.

Libro de Familia if born in Spain.

You may need to provide a sworn statement (declaracion jurada) to attest to the family relationship.

Family members:

In this section, I am looking at family members who are unable to apply for residencia in their own right - for example, their income may not be sufficient to meet the requirements. In that sense, this section deals with those who can be regarded as dependants.

This is potentially a very large topic, as there are so many possible permutations, but I'm only going to cover the most common situations.

EU spouse or partner and other direct family members:

Your own residency certificate.

Proof of the applicant's family relationship with you, e.g. a marriage or birth certificate.

Proof that children or grandchildren are under 21 or dependent on you.

Proof that parents or grandparents are dependent on you.

Proof if they are seriously ill and need you to take care of them personally.

Proof you have sufficient means to support all the members of your family who are with you, including full medical cover.

If you're not married, you may need a 'certificado de convivencia' from the town hall (it's like a padrón). You need to prove stable cohabitation of at least one year unless you have children, in which case this is taken as providing the necessary proof.

If your family member is not an EU citizen, then they need to apply for a 'tarjeta de residencia de familiar de ciudadano de la UE', and for this the application form is Modelo EX19. It's a different procedure resulting in the issue of a plastic card bearing a photograph and thumb-print.

Death:

The death of a spouse will not immediately affect the right of residence of family members. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

Divorce or separation:

In the event of divorce or legal separation, the family member retains the right to residency provided the couple have been legally resident for at least three years. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

COMPLETING THE APPLICATION FORM

As I said earlier, the application form is an editable PDF, so you can fill it out online or in your PDF reader. If you decide to print it as is and complete it by hand, you must use black ink and capital letters.

I'm simply listing what goes in each field:

1) DATOS DEL SOLICITANTE

This section is about you, the applicant.

PASAPORTE - enter your passport number.

N.I.E. - enter the number if you've got an NIE.

1er Apellido - enter your surname.

2º Apellido - leave blank, or put a long dash in it, unless you've got two surnames.

Nombre - enter your Christian name(s).

Sexo - mark as appropriate - H for male (hombre), M for female (mujer). Don't make the mistake a friend made - he thought M was masculino (male) and H was hembra (female), so he put himself down as M. It apparently caused a bit of levity at Orihuela police station!

Fecha de nacimiento - enter your date of birth in the format dd/mm/yyyy.

Lugar - enter the name of the town where you were born.

Nacionalidad - enter your nationality - BRITÁNICO for a man, BRITÁNICA for a woman.

Estado civil - mark to indicate if single (S), married (C), widowed (V), divorced (D), separated (Sp).

Nombre del padre - enter your father's Christian name(s).

Nombre de la madre - enter your mother's Christian name(s).

Domicilio en España - enter your street name, and suburb etc if appropriate.

Nº - enter your house number.

Piso - enter your flat number if appropriate; otherwise leave blank.

Localidad - enter the name of the town relating to your address.

C.P. - enter your post code.

Provincia - enter the name of your province.

Teléfono móvil - enter your telephone number. If it's a UK mobile number, prefix it with 0044.

E-mail - enter your email address.

Representante legal, en su caso - leave blank unless, for example, acting on behalf of a child, in which case you enter  your own name, or if you're unable to attend for a valid reason then enter the name of your representative.

DNI/NIE/PAS - if the representative is a Spaniard, enter their DNI number or PAS, which, I think, is the number which appears on a Spanish power of attorney. Otherwise enter the representative's NIE.

2) DATOS DEL REPRESENTANTE A EFECTOS DE PRESENTACIÓN DE LA SOLICITUD

This section can be left blank unless you've appointed a representative, or are acting as a guardian, in which case it has to be completed. The only field that is different from those described above is the one for Nombre/Razón Social where, if applicable, Razón Social asks for the name of the company to whom you've granted POA.

Note that the regulations state that you must apply in person, and I assume that this section is for cases where that is impossible e.g. due to illness. I've not been able to confirm whether granting power of attorney to a representative is sufficient, or whether you would also need a statement from your doctor. The other example, as I've indicated above, is if you're acting as a guardian for a minor.

3) DOMICILIO A EFECTOS DE NOTIFICACIONES

This section asks for details about where any notifications should be sent. The only notification you're ever likely to receive is to tell you that your certificate is ready for collection. However, you should complete it. All the fields have already been described above.

CONSIENTO que las comunicaciones y notificaciones se realicen por medios electrónicos

Simply put an x in the box beside this to confirm that you agree to receive notifications by e-mail.

Nombre y apellidos del titular

Just enter your full name.

4) SITUACIÓN EN ESPAÑA

PERÍODO PREVISTO DE RESIDENCIA EN ESPAÑA - in most cases you can just enter PERMANENTE, unless you're staying more than three months but less than six months, in which case enter the duration of your stay.

FECHA DE INICIO DE LA RESIDENCIA EN ESPAÑA - enter the date you took up residence in the format dd/mm/aaaa.

Nº DE FAMILIARES QUE ACOMPAÑAN O SE REÚNEN CON EL SOLICITANTE EN ESPAÑA - this is to enter the quantity of any family members who are applying with you.

RESIDENCIA TEMPORAL - mark the appropriate section:

Trabajador por cuenta ajena - employee.

Trabajador por cuenta propia - self-employed.

No activo con recursos suficientes y seguro de enfermedad - not working in Spain.

Estudiante con recursos suficientes y seguro de enfermedad - student.

Nacional UE/EEE/Suiza, familiar de otro nacional incluido en los apartados anteriores - family member.

DNI/NIE/PAS del ciudadano UE/EEE/Suiza que da derecho - leave blank unless the application is as a family member, then they must enter the NIE number of the person on whom they are dependent.

Vínculo con el ciudadano UE/EEE/Suiza que da derecho - the family member must specify their relationship to the person whose NIE number they have entered above, e.g. esposa, madre, hija, etc.

Las personas abajo firmantes…..

Mark this section if you're in one of the categories that requires you to have private health insurance.

Las personas abajo firmantes…..

Mark this section to confirm your agreement that they can carry out online checks about you.

NO CONSIENTO.....

Marking this box would be stating that you don't agree to them confirming your identity electronically, so leave it alone. If you don't agree to them checking your identity electronically, you'll just be creating problems for yourself, as they would then ask for other documentation.

Place and date fields

The first field is where you stipulate a place, and I suggest you use the name of the town where you are making the application.

The second is for the numeric day of the month.

The third is the month (remember that this needs to be in Spanish, and that it isn't capitalised).

The last is for the year.

For example, the final result could be:

Orihuela, a 27 de agosto de 2018

FIRMA DEL CIUDADANO DE LA UNIÓN (familiar del solicitante)

This is where a family member signs the form. If not applicable, leave blank.

FIRMA DEL SOLICITANTE (o representante legal, en su caso)

This is where you or an appointed representative signs the form. If the form has been completed on behalf of a minor, then this is where the guardian signs.

DIRIGIDA A

This is where you enter the name of the place where you are submitting the application, for example Dirección General de la Policia.

Código DIR3

This is an alpha-numeric identification for the office at which you are applying. Leave it blank, and let the person handling your application fill it in.

PROVINCIA

This is the name of the province in which the office you apply to is situated, for example Alicante.

Nombre y apellidos del titular

Just enter your full name.

ANEXO I

I haven't found an example of how to complete the annexes. If anyone can provide a link for such an example, then I'll revise these instructions.

Anexo I is for listing documents for which verification or consultation is authorised by yourself. However, ÓRGANO and ADMINISTRACIÓN in this context mean authority or government authority, so only enter details of any such documents you are providing. I assume that the supporting documents required by persons working or studying here will fit in this category but, for example, proof of health insurance will not.

ANEXO II

Anexo II is for listing documents you do not authorise them to verify, and I recommend that you leave this blank

WHERE DO YOU GO?

You can apply at the nearest Oficina de Extranjería (foreigners’ department) in your province, or at a National Police Station (Comisaría de Policía).

Foreigners' offices:

You can find all the offices on this link:

http://www.seat.mpr.gob.es/es/portal/servicios/extranjeria/extranjeria_ddgg.html

For Alicante province, there are offices in Alicante & Altea:

Oficina de Extranjería en Alicante

Calle Ebanistería, (Polígono de Babel), 4 y 6

Alicante

Oficina de Extranjería en Altea

Calle San Isidro Labrador, 1

03590 - Altea

The following two links details which municipalities are covered by each office - make sure you go to the correct one.

http://www.consultor.com/oue/terminosAlicante.html

http://www.consultor.com/oue/terminosAltea.html

National police stations:

The following is the website to use to find all the offices:

https://www.policia.es/documentacion/oficinas/oficinas_extran.html

Note that some of the offices listed do not transact residencia applications. The following are those that do.

Alcoy:

Comisaría del Cuerpo Nacional de Policía de Alcoy

C/ Perú, 10.

Benidorm:

Comisaría del Cuerpo Nacional de Policía de Benidorm

C/ Apolo XI, 36.

Dénia:

Comisaría del Cuerpo Nacional de Policía de Dénia

C/ Castell d´Olimbroi, 5.

Elche:

Comisaría del Cuerpo Nacional de Policía de Elche

C/ Abeto, 1 (Carrer l'Avet, 1)

Elda:

Comisaría del Cuerpo Nacional de Policía de Elda-Petrer

C/ Lamberto Amat, 26.

Orihuela:

Comisaría del Cuerpo Nacional de Policía de Orihuela

C/ Sol, 34.

Torrevieja:

Comisaría del Cuerpo Nacional de Policía de Torrevieja

Oficina de Documentación de Españoles y Extranjeros

C/ Arquitecto Larramendi, 3.

Playa Flamenca:

Ayuntamiento de Orihuela Costa (Oficina del Comisaría de Policía de Orihuela Costa)

Plaza del Oriol, 1.

Teulada:

Ayuntamiento de Teulada (Oficina del Cuerpo Nacional de Policía).

Av. de Santa Caterina, 2.

PAYMENT OF THE FEE

The payment form is Modelo 790.

If you go to a national police station or foreigners' office without having pre-paid the fee, they might (but might not!) provide you with the payment form, which you then have to complete, take to a bank and pay the fee, and then go back and try again. It's just not worth the hassle - pre-pay the fee in advance and take the receipted 790 with the rest of the application paperwork.

There are actually two versions of the 790 relevant to residencia. These are '790 Tasa 052' and '790 Código 012'.

790 Tasa 052 is to be used if you are applying at a foreigners' office.

790 Código 012 is to be used if you are applying at a national police station.

NB: Make sure you use the correct one!

790 Tasa 052:

1). You can only do this online if you have an electronic certificate. If you do, this is the starting point (I've opted for the English version):

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on PAY AND SEND THE PAYMENT FORM FOR FEE 052 VIA INTERNET.

If you get a pop-up, just click OK.

On the next (confusing) page, click on Acceso con [email protected]

On the left-hand side of the next page, in the box for eIdentifier, click Access.

Select your electronic certificate and click OK.

On the next page, click your province on the map, and click OK on the pop-up.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Enter the full IBAN number for your bank account, then click on REALIZAR PAGO.

(You can also pay by credit or debit card).

Make sure you print two copies of the receipted 790.

2). If you haven't got an electronic certificate, you can only use this procedure if you've already got an NIE number, as this is one of the mandatory fields that must be completed, and you can't download a blank form.

Go to:

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on COMPLETE AND PRINT THE PAYMENT FORM FOR FEE 052.

On the next page, click your province on the map, and click OK on the pop-up.

Enter your details in the IDENTIFICATION section.

In the Nationality window, you need to select REINO UNIDO from the drop-down list.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Then go to the bottom section of the form.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Under PAYMENT you need to select one of two options - cash or by transfer from your bank account.

If you select the latter, you need to enter the full IBAN for your bank account.

Then click on Obtain Document.

This downloads the 790 as a PDF.

Print the first three pages - you don't need the last one.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

NB: Don't solicit residencia at a foreigners' office if you haven't got either an NIE or electronic certificate, unless you want to pay a prior visit and ask for a hard-copy of the form.

790 Código 012:

Go to (there isn't an English version):

https://sede.policia.gob.es:38089/Tasa790_012/ImpresoRellenar

In the N.I.F./N.I.E. field, enter your NIE number if you've got one; otherwise enter your passport number.

In the Apellidos y nombre o razón social field, put your surname, a comma, then your first name(s).

In the Tipo de vía field, put what type of road you live on - calle etc.

In the Nombre de la vía pública field, put the name of the road you live on, less what you've done above.

In the Núm. Field, put your house number or apartment block number.

If you live in a flat, put your flat number in the Piso field.

The Teléfono field isn't mandatory, but if you don't enter your telephone number, you'll later be recommended to do so.

In the Municipio field, enter the name of the town where you live - you can enter more than one word, for example Mudamiento, Orihuela.

In the Provincia field, enter the name of the province where you live.

In the Código Postal field, enter your post code.

In the section for Tarjetas de identidad de extranjeros (TIE) y certificados de registro de residentes comunitarios,

click the box at the right of .Certificado de registro de residente comunitario…

The amount of the fee (€12.00) appears in the Ingreso section at the bottom.

In Localidad, enter the name of your home town.

Under Forma de pago you need to select one of two options.

En efectivo means that you are going to pay in cash.

E.C. Adeudo en cuenta means you want payment to be from your bank account, in which case you need to enter the full IBAN for your bank account in the Código IBAN de la cuenta field.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Then click on Descargar impreso rellenado.

This doesn't actually do a download, but instead opens a PDF of the completed form.

Right-click on this to save it, or just print it without saving.

You don't need to print the last page.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

Final note:

There's a strange anomaly that only appeared recently about going to a foreigners' office or a police station. The foreigner's office fee is €10.82, whereas the police fee is €12.

(When we got our residencias in 2006, the fee was €6.70).

APPOINTMENT

A prior appointment is necessary. Ensure this is in the name of the person applying. It used to be the case that solicitors, gestors etc, would make block bookings in the hope they'd be able to fill those slots. When they didn't, they simply didn't turn up, which wasted police time, so many police stations are now insisting that appointments be in the name of the applicant. That obviously stops anyone from booking slots in advance.

If there are two or more of you, you need to make a separate appointment for each person.

You need to take a copy of the appointment you have made.

For Alicante, Benidorm, Denia, Elche, Elda, Orihuela, Playa Flamenca and Torrevieja, you can make an appointment online. Start here:

https://sede.administracionespublicas.gob.es/icpplus/

The website can be a bit creaky, so don't be surprised if you have to load it several times, or try at different times of the day.

In the blue Seleccionar box, click the drop-down arrow and select e.g. Alicante, then click Aceptar.

Click the blue box by TRÁMITES DISPONIBLES PARA LA PROVINCIA SELECCIONADA and select POLICIA-CERTIFICADOS UE, then click Aceptar.

On the next page click ENTRAR.

You then have the option of identifying yourself by NIE number or passport, and also need to enter your name. You are warned that the name you enter must be identical to that shown on your NIE or passport, and that if you enter your NIE number, then you must do so without hyphens.

Click on the box in the CAPTCHA and click Aceptar.

On the next page click Solicitar Cita.

Click in the blue box and select which office you want to go to, then click Siguiente.

Enter your telephone number, then enter your email address in the other two boxes. This will be used to send you confirmation of the appointment if you want this. You are warned that there is a problem with hotmail addresses. Then click on Siguiente.

You are then shown the next available appointment(s). If one is OK for you, click on that so it turns red, then click on Siguiente.

In the pop-up box, click OK.

Put a tick in the box beside Estoy conforme..., and if you want to receive email confirmation, tick the box beside Deseo recibir...

To finalise the appointment, click on Confirmar.

Click on "Imprimir" to print the appointment.

As a side note, I checked how long one has to wait to get an appointment, and this varied between eight and ten weeks, with the exception of Torrevieja, which was five weeks.

For Alcoy, Altea and Teulada, I'm unable to find an online way of making an appointment. It therefore appears that you will have to make an initial visit to the office in question in order to make an appointment.

BEFORE YOU GO

It might help to reduce the stress on your appointment day if you make a prior visit to the office in question. You'll then be able to find out where to park, how long it will take from parking to arriving at the office, and what the set-up is there; for examples, whether there is a desk where you show your appointment or a machine in which you enter your details, where is the monitor which tells you when it's your turn, and are the desks you have to go to clearly numbered. Also, if the office is one for which you cannot make an appointment on line, you can ask if you can make an appointment whilst you're there, ask when the quietest time is, see if there's a machine from which to take a deli ticket (turno), etc.

Parking near Elche police station can be difficult, whereas at Orihuela it's easy to park at the Ociopia shopping centre and walk over the bridge.

DOING THE DEED

I recommend that you take someone with you who speaks Spanish. Procedures vary between the various offices and even between individuals in an office.

What happens when you get to your chosen location depends on where you're going, but make sure you've got your appointment on top of the pile of papers you're clutching.

You will probably need to see someone on reception, and to take or be issued with a turno (deli ticket).

When it's your turn, just smile nicely, apologise for your poor Spanish, and pass the pile of papers across the desk - you'll have time to bite your finger-nails while you're waiting!

It might help to keep a document back. If the official then says you're missing something, ask him if that's the only thing that's missing, and then produce it. That way he will have no excuse to complain that the application is incomplete.

All being well you may be given a residencia certificate on the spot, or you may be given a resguardo (receipt) and asked to return within the next few days.

If your application is not accepted for some reason, you have ten days in which to return and re-submit the application. If you do not do that within ten days, then your application is considered to have been withdrawn, and you'll have to start all over again.

ONCE YOU'VE GOT YOUR RESIDENCY CERTIFICATE

The first thing you must do is make one or more copies. You could also if you wish get a certified copy (compulsado) at a notary, or possibly at a national police station or town hall. I suggest that if you want to carry the certificate in your wallet, then make a good quality colour copy and laminate that.

If you haven't already got a padrón, then go and do so.

Change your non-resident bank account into resident account (lower charges).

Be aware that as a resident in Spain, you are only entitled to an EHIC (strictly speaking it is for residents here an EHIC-E) if you've got an S1 or are a student.

DOES IT NEED RENEWAL?

No! It's for life, unless you leave Spain for an extended period, or unless your details change.

If you've got the old-style A4 certificate, then you can voluntarily change it for the credit-card size, but with Brexit looming, there's no point in doing this.

On the subject of Brexit, after which we'll need a different type of residencia, then that will need renewing every five years.

PERMANENT RESIDENCY CERTIFICATE

After five years of legal residence, you can apply for a certificate of permanent residence of an EU citizen. This means that you will be issued with a new certificate with the word Permanente on it. However, in my opinion, there is no point in doing so, as after five years of legal residency, you will automatically have the right of permanent residence (as a citizen of the EU), and don't need your residency certificate to state this. Post-Brexit, such a certificate would have no more worth than a certificate without the word Permanente on it.

If, however, you wish to do this, no documentation should be required regarding health cover or finances, as you have lived in Spain for a continuous period of five years, and this can be verified by the authorities. You'd just need an EX-18, passport, payment of the fee, and prior appointment. On the EX-18, you select RESIDENCIA PERMANENTE and mark the relevant category below that.

There are also circumstances under which you can apply for a permanent residency certificate before completing five years here, and for this you will be required to prove that you've been here for the for the period in question, and that you fit into one of the relevant categories:

a). You are employed or self-employed, having lived here for three years and worked for one year, and are finishing work because you have reached the age set by Spanish law for retirement with the right to a pension.

b). You were employed or self-employed and ceased working due to permanent disability, having lived here for two years. The two years requirement doesn't apply if disability was caused by an accident at work or occupational illness, which results in you being paid, in whole or in part, a state disability pension.

c). You are employed or self-employed, having lived and worked here for three years, and now work in another EU state as a cross-border worker but keep your principal residence here and return at least once a week.

d). Family members who have lived with someone who has died, provided that the deceased had lived here at least two years, or whose death was due to an accident at work or an occupational illness.

LOSING YOUR RIGHT TO RESIDENCY IN SPAIN?

Your continuity of residence is not affected by temporary absences of less than 6 months a year or one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.

You can lose the right to permanent residence if you live outside Spain for more than 2 consecutive years.

CHANGE OF DETAILS

You are obliged to notify the authorities if any of the details used to obtain your residencia change.

Such changes include moving to a new address, changing surname due to marriage, and renewing a passport.

If it's a change of address, ensure you're on the padrón at your new address, as the authorities will carry out an online check.

If it's a change of name, you will need to take your marriage certificate.

If it's a change of passport, you'll need to take your new one (I'd also take the old one if you've got it).

You have to use the EX-18 to notify the change, clicking the MODIFICACIÓN box, and then clicking the relevant box in this section.

I've also found a form on this government website for 'Comunicación al registro central de extranjeros de cambios de situación':

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Modelos_comunicaciones/COMUNICACION-CAMBIO-SITUACION.pdf

This actually looks far too simple to be true - fill it in and post or deliver it. The problem is that your change of details might, if you're lucky, be recorded in the system, but I can't see the authorities sending you a new residencia certificate.

There is also an online way of notifying a change of address if you've got an electronic certificate, and one of the authorities that are notified is DGP - the police, but again I can't see the authorities sending you a new residencia certificate:

https://cambiodomicilio.redsara.es/pcd/

Question to other forum members:

Anyone renewed their UK passport and not reported the change of passport number?

OBTAINING A DUPLICATE CERTIFICATE

There are circumstances when you need to replace a residencia - you've lost it, it's been stolen, or it's become damaged.

If you lose your residencia, even if it's not been stolen, you must go to a Comisaría de Policía (National Police station) and make a denuncia stating you have lost it; and if known stating where and when this happened.

You can make the process easier by filing the denuncia online, then going along to the police station with the reference number that the online system generated, and signing the report. Start here:

https://denuncias.policia.es/OVD/

Although the online system is in English, you should fill in the details you are reporting in Spanish.

You will need to take your original copy of the denuncia with the other paperwork when you go to obtain your duplicate residencia.

If it's damaged, then take that with you.

To be on the safe side, also take a padrón, your passport, SIP card, and proof of finances as in the initial application process, but don't offer them unless prompted.

There isn't a specific section on the EX-18 to request a duplicado, but I suggest clicking the MODIFICACIÓN box, then OTROS, and enter the reason:

Extravío - loss

Deterioro - deterioration or damage

Sustracción - theft


Angie1

Fri Aug 24, 2018 6:52pm

Posts: 21

Location: Dolores

9 helpful posts

Posted: Fri Aug 24, 2018 6:52pm

Thank you very much. This is really comprehensive.

heatwils

Fri Aug 24, 2018 8:13pm

Posts: 3

Location: Santa Pola

5 helpful posts

Posted: Fri Aug 24, 2018 8:13pm

jimtaylor wrote:

THE REASON FOR THIS GUIDE

There is so much information on the internet, and on this forum, about residency, that a guide such as this should not be necessary. However, many people keep asking the same old questions, presumably because they either struggle to do an effective search, or don't always understand what they find. In some ways I can sympathise, as many of the articles about residency are out of date, incomplete, or lacking in detailed instructions. Although there is a lot of good information on our forum, it's in numerous threads and, like every forum I've ever known, the search facility isn't as good as it might be.

I decided therefore to produce this guide in an attempt to put all the necessary information in one place. Hopefully this will provide a resource for people who need to know about residency and, in the longer term, save people like Nicola and myself from having to keep answering questions, either on the open forum or by PMs.

I'd point out that it takes a long time to produce a comprehensive guide like this, and I just hope that I haven't been wasting my time. I'll have to wait and see what the responses are and also how many people click the Helpful button. At the worst, I'll use it as a model for the situation post-Brexit.

It's a long guide simply because I wanted to make it as comprehensive as possible. It could get even longer if I get feedback about additional information!

WHAT'S IT ALL ABOUT, ALFIE?

'Residencia' is what most of us call the green paper or card that we receive when we register as residents, and the word residencia does appear in the descriptive text about the subject, but what we actually receive is a certificate of residency. It is only non-EU citizens who receive a card with the word Residencia on it. Be that as it may, I'll continue to call it residencia.

You can stay in Spain for up to three months, and for that all you need is your passport. For stays of more than three months, it is a legal requirement that you register your presence.

You don't have to wait three months before you apply for residencia - you can do it as soon as you make the permanent move out here.

A residencia certificate (CERTIFICADO DE REGISTRO DE CIUDADANO DE LA UNIÓN) is a document certifying that someone from another EU country is legally resident in Spain, and that the person is registered on the Central Register of Foreign Nationals (Registro Central de Extranjeros).

It used to be an A4 piece of green paper, but for some years now it has been issued as a credit card size piece of card. It contains the person's name, date and place of birth, nationality, address, NIE number, and date of issue. It does not have an expiry date.

It cannot be used as proof of identity, but the credit card size of certificate is easier to carry than the A4 NIE document, for occasions when you need to show your NIE number.

Part of the application process is that you have to prove that you will not be a financial burden on the state, by providing proof of an acceptable level of income, and by providing proof of health cover. More on these topics later.

You don't need to have previously obtained an NIE number before applying for residencia - the NIE number can be obtained as part of the residencia process.

ADVANTAGES

In my opinion, the principal advantage is that you are complying with the law, and therefore legally resident. This could well be advantageous post-Brexit.

Most of the material advantages revolve around the fact that if you're resident in Spain, then you pay residents' taxes here. If you're not legally resident, then you're classed as non-resident.

For examples:

Non-residents pay an annual tax based on the value of their property. Residents do not pay this tax.

Non-residents with rental income have to do a quarterly tax return for any rental income they receive. Residents include rental income in their annual tax return. If you pay someone else to do your returns, then a non-resident pays for four returns whilst a resident pays for one. Also, a resident has the advantage of the various tax allowances.

Inheritance tax prior to Brexit is the same for residents and non-residents. Post-Brexit, unless the current law is amended (which may well be the case), inheritors will only receive the national tax allowance, which is very much lower than the regional Valencian allowance.

If a non-resident sells a property in Spain, then the buyer retains 3% of the price and pays this to the tax office. This can be recovered if it's more than the tax due, but it could be a lengthy process.

Post-Brexit, non-EU non-residents who sell a property will pay a higher rate of capital gains tax than do EU citizens.

If a resident sells his principal residence and re-invests the proceeds in another property, then he doesn't pay capital gains tax on the sale of the first property.

There are several other aspects as well, for examples:

A non-resident can potentially have his car impounded if stopped for a traffic offence.

Some municipalities offer benefits to residents

Having a non-resident bank account incurs considerable charges that resident accounts do not have.

RELEVANT LEGISLATION

If you fancy a bit of light reading, the following is some of the legislation related to the subject:

E.U. Directive 2004/38/EC

Real Decreto 240/2007

Real Decreto 557/2011

Ley 6/2018

Orden PRE/1490/2012

Where I provide quotes from the legislation in subsequent sections, these are my translations.

DOCUMENTS REQUIRED

Application form:

The application form is the EX-18. Post-Brexit it will probably be EX-17, but that will be a separate topic when the time comes.

There are a great many links to the EX-18 on the internet, and even active links to the old EX-16, which became redundant some years ago. Some of the links to the EX-18 are for old formats. The links to the current format are:

Immigration office:

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/18-Certificado_Residencia_comunitaria.pdf

National police station:

https://sede.policia.gob.es/portalCiudadano/extranjeria/EX18.pdf

Irrespective of which link you follow, both give the same form. This is an editable PDF. It can be completed online then downloaded or printed, or it can be downloaded as is and then completed in your PDF reader.

You need to take two completed copies.

See later for completion instructions.

Passport:

Valid passport and copy.

If it has expired and you've sent it back to the UK for renewal, a copy of both the passport and the renewal application must be provided.

NIE?:

There isn't any requirement to provide an NIE. However, as the various offices that issue residencias seem to operate to their own rules, then I suggest that you take your NIE if you've got one, just in case.

Padrón?:

As above, there isn't any requirement to provide a copy of your padrón but, again, you could take one just to prove your address. Alternatively, you could take your escritura, a nota simple or a long-term rental contract. If your town hall won't let you register on the padrón because you don't have residencia, ask if they'd issue you with a temporary one if you return with a copy of the appointment you will be making for your residencia application.

Photograph?:

This definitely is not required.

Other requirements:

Other things you need to produce all depend on what category of applicant you are. These are detailed in the following sections.

Students:

A student has the right to live in Spain whilst studying or undergoing professional training, for the duration of this, provided he/she produces documentary proofs of:

a). Enrolment in a  education institution (state or private) that is either funded or recognised by the Spanish education authorities.

b). Having public or private health insurance, contracted either in Spain or in another country, that provides complete cover in Spain.

The law states:

However, this condition will be deemed to be met if the student has a European Health Insurance Card that is valid for a period that covers the entire period of residence and that allows him to receive, exclusively, any medical assistance that is necessary from a medical point of view, taking into account the nature of the assistance and the envisaged duration.

I find this somewhat strange - it implies that the law considers anyone young enough to be a student to be healthy enough to only require cover for emergency treatment.

c). Provision of a sworn statement that of having sufficient financial resources for oneself and any family members, so there is no risk of becoming a burden on Spain’s social security system during the period of residence.

Compliance with this requirement is considered to be met by producing proof of taking part in a EU educational exchange programme for students and teachers.

Note:

You could lose your right to residency if you complete your studies and are unable to prove you are working or have sufficient financial resources to support yourself, and family members if applicable.

Employed:

By employed, I mean legally employed with a contract and paying social security contributions.

You need to produce, from your employer, a contract or certificate of employment (certificado de vida laboral) for a minimum of six months, to prove that you are employed here. The contract must include, at least, the name and address of the company, and its tax code and social security contribution code.

If you are not yet working, you will need proof of a job offer that has been registered with the Ministry of Labour (Servicio Público de Empleo).

You may need to consent to checks being carried out about you with Social Security contribution records (Ficheros de la Tesorería General de la Seguridad Social), to prove that you are paying Social Security contributions.

Self-employed:

By self-employed, I mean paying social security contributions and being registered with the relevant authorities.

You must provide evidence that you are self-employed (Autónomo) by providing one of the following:

a). Registration on the Economic Activities list (Censo de Actividades Económicos).

b). Proof that your business is in the Companies Register (Registro Mercantil).

c). Proof of registration with the Social Security system.

d). Giving consent to your details being checked in the Social Security General Treasury records (Ficheros de la Tesorería General de la Seguridad Social) or those of the Tax Agency (Agencia Tributaria).

Jobseeker:

I'm including this as a separate category because jobseekers seem to be treated differently under EU rules. However, I've been unable to find any mention of different treatment for jobseekers in Spanish legislation.

The EU view seems to be that a jobseeker can stay in another EU state for six months without having to register as a resident and without having to prove that you can support yourself financially.

After six months without finding a job, the authorities could re-assess your entitlement to stay in the country, and you'd need to provide proof that you're actively seeking work and, moreover, have a reasonable chance of finding a job.

As you've not been paying into the social security system, you do not have any entitlement to non-contributory benefits.

Bear in mind that I can't find the above information in Spanish legislation, so it appears that jobseekers should be grouped within the category of people not working in Spain.

Not working in Spain:

This category includes pensioners and those who have retired early. You need to provide two things:

1). Proof of health cover:

The law states:

You must also provide public or private health insurance, contracted in Spain or in another country, that provides coverage in Spain during your period of residence equivalent to that provided by the National Health System.

If you're in receipt of the UK state retirement pension, or an 'exportable benefit' like Disability Living Allowance, you need to get from DWP at Newcastle a form S1, which enables you to transfer your health cover from the UK to Spain.

If anyone has a problem with their S1 being accepted, refer the clerk to the following government website:

http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html

where it states:

Los pensionistas cumplen con esta condición aportando certificación de disponer de asistencia sanitaria con cargo al Estado por el que perciben pensión.

Nota importante: cuando se aporten documentos de otros países deberán estar traducidos al castellano o lengua cooficial del territorio donde se presente la solicitud.

Cuando se trate de formularios estándares de la Unión Europea no será necesaria ni su traducción, ni su legalización de conformidad con lo dispuesto en la normativa comunitaria que los ampara. Por ejemplo: modelos de asistencia sanitaria S1, E109, E 121...

This is a very clear statement that an S1 is acceptable, and that it does not need translating.

If you're not entitled to an S1, you need to have private health insurance, contracted in Spain or in another country, that provides full cover in Spain, equivalent to that provided by the Spanish National Health System (Sistema Nacional de Salud).

The emphasis is on full cover, i.e, it must cover pre-existing conditions, cover unlimited hospital stays, and not be subject to co-payments.

To avoid people taking out such a policy and then cancelling it after obtaining residencia, you need to provide proof that you have paid for twelve months cover.

The insurance company should provide a certificate confirming that the policy meets residencia requirements and has been paid for one year, and you should present this certificate and not the actual policy - but take the policy with you just in case.

2). Proof of finances:

What you need to do is to prove that you have sufficient resources (including for family member(s) if applicable) that you're not going to become a financial burden on the Spanish social services.

To quote from Orden PRE/1490/2012:

Accreditation of the possession of sufficient resources, whether by periodic income, including work or other income, or by the possession of an estate, shall be carried out by any means of proof admitted by law, such as property titles, certified checks , documentation justifying obtaining capital income or credit cards. In this latter case, an up to date bank certificate proving the amount available by way of credit on the aforesaid card shall be produced.

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

The assessment of sufficient resources must be carried out on an individual basis, taking into account the applicant’s personal and family circumstances. The possession of resources that are more than the amount established each year by the State General Budgets Act (Ley de Presupuestos Generales de Estado) that justifies the right to receive non-contributory benefits, taking into account the interested persons’ personal and family circumstances, will be regarded as sufficient proof to meet this requirement.

To simplify the above, you need to prove that you have a regular income or own a capital asset. Acceptable income can be from a pension, salary, income from capital, property rental etc. Unfortunately, the legislation does not specify the period for which you need to prove the regular income. If you own a property in the UK, then in theory it should be sufficient to produce the deeds, although these would need to be translated and bear the Hague Apostille, and the same would apply to bonds or shares etc. Documents can also be legalised beforehand by the Spanish Consular Office in the UK or by the Ministerio de Asuntos Exteriores y de Cooperación.

Some offices might accept proof of ownership of such an asset instead of proof of a regular income, and others might want proof of both bank balance and income. I disagree that you should be asked to prove a bank balance, but you'd have to be a brave person to start arguing the toss over this with whoever processes your application!

Some offices may accept a current bank balance in excess of €6,000, whereas others might be satisfied with statements showing consecutive monthly deposits of €600; and some might be satisfied with evidence of three monthly deposits, whereas others might want to see six monthly deposits. It's best to go prepared with as much evidence as you can gather.

The obvious way to prove proof of income is to provide bank statements. You could also ask your bank if they will provide a 'certificado bancario' stating that you have a regular income with them. I think it would also be wise to have to hand - but not produce unless challenged - a document proving that it is a regular income - like DWP's notice regarding the annual increase in your pension.

The reference above to the “Ley de Presupuestos Generales de Estado” is important, as it is this law which defines the amount of income that yours must exceed. There is a new law published every year, and that published in 2018 (Ley 6/2018) with the figures for 2018 states that for an individual, the amount is €5178,60 p.a., which is €431.55 p.m. This is well below the amount that immigration and police offices require, and I think they may be using another indicator in the law, known as the IPREM (Indicador Público de Renta de Efectos Múltiples), which is €6454.03 p.a. or €537.84 p.m.

I can well understand the authorities rounding this up to €600 for the purposes of residencia, to ensure that a person's income doesn't dip below the benefit threshold due exchange rate fluctuations.

If there are two or more of you applying as a family unit, and you don't all individually have income exceeding the minimum, then it gets a bit more complicated, as it depends on the relationship between you.

If you live only with your spouse and/or second-degree blood relatives (brother-sister, grandchild or grandparent), then the amounts are:

Two people: €8,803.62

Three people: €12,428.64

Four people: €16,053.66

Five people: €19,678.68

If among the blood relatives with whom you live, there is one of first-degree (parents or children), then the official amounts are:

Two people: €22,009.05

Three people: €31,071.60

Four people: €40,134.15

Five people: €49,196.70

The above figures are those specified by social services but, to me, seem ridiculously high in the context of qualifying for residencia. I am of the opinion that the qualifying amounts will be simple multiples of the IPREM referred to above.

If you apply as a couple, and your spouse on their own doesn't meet the residencia requirements because their income is below that required, and so makes her application as a family member (see later), and your combined income meets the requirements for two people, then it might be helpful to take your marriage certificate, and produce this if challenged.

As a final note to this topic, post-Brexit anyone applying for an identity card (TIE) will have to show resources of four times the IPREM referred to above, i.e. €2151.36 p.m. If some form of agreement isn't reached about this requirement, then very few people will be able to come and legally live in Spain.

Children:

I can't find anything specific about this in the legislation, so the following is just a guess regarding the requirements. If anyone has done it, I'd welcome feedback.

Passport of both child and applicant parent.

Parent's residency certificate.

Marriage certificate.

Child's birth certificate - probably with an official translation if not born in Spain.

Libro de Familia if born in Spain.

You may need to provide a sworn statement (declaracion jurada) to attest to the family relationship.

Family members:

In this section, I am looking at family members who are unable to apply for residencia in their own right - for example, their income may not be sufficient to meet the requirements. In that sense, this section deals with those who can be regarded as dependants.

This is potentially a very large topic, as there are so many possible permutations, but I'm only going to cover the most common situations.

EU spouse or partner and other direct family members:

Your own residency certificate.

Proof of the applicant's family relationship with you, e.g. a marriage or birth certificate.

Proof that children or grandchildren are under 21 or dependent on you.

Proof that parents or grandparents are dependent on you.

Proof if they are seriously ill and need you to take care of them personally.

Proof you have sufficient means to support all the members of your family who are with you, including full medical cover.

If you're not married, you may need a 'certificado de convivencia' from the town hall (it's like a padrón). You need to prove stable cohabitation of at least one year unless you have children, in which case this is taken as providing the necessary proof.

If your family member is not an EU citizen, then they need to apply for a 'tarjeta de residencia de familiar de ciudadano de la UE', and for this the application form is Modelo EX19. It's a different procedure resulting in the issue of a plastic card bearing a photograph and thumb-print.

Death:

The death of a spouse will not immediately affect the right of residence of family members. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

Divorce or separation:

In the event of divorce or legal separation, the family member retains the right to residency provided the couple have been legally resident for at least three years. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

COMPLETING THE APPLICATION FORM

As I said earlier, the application form is an editable PDF, so you can fill it out online or in your PDF reader. If you decide to print it as is and complete it by hand, you must use black ink and capital letters.

I'm simply listing what goes in each field:

1) DATOS DEL SOLICITANTE

This section is about you, the applicant.

PASAPORTE - enter your passport number.

N.I.E. - enter the number if you've got an NIE.

1er Apellido - enter your surname.

2º Apellido - leave blank, or put a long dash in it, unless you've got two surnames.

Nombre - enter your Christian name(s).

Sexo - mark as appropriate - H for male (hombre), M for female (mujer). Don't make the mistake a friend made - he thought M was masculino (male) and H was hembra (female), so he put himself down as M. It apparently caused a bit of levity at Orihuela police station!

Fecha de nacimiento - enter your date of birth in the format dd/mm/yyyy.

Lugar - enter the name of the town where you were born.

Nacionalidad - enter your nationality - BRITÁNICO for a man, BRITÁNICA for a woman.

Estado civil - mark to indicate if single (S), married (C), widowed (V), divorced (D), separated (Sp).

Nombre del padre - enter your father's Christian name(s).

Nombre de la madre - enter your mother's Christian name(s).

Domicilio en España - enter your street name, and suburb etc if appropriate.

Nº - enter your house number.

Piso - enter your flat number if appropriate; otherwise leave blank.

Localidad - enter the name of the town relating to your address.

C.P. - enter your post code.

Provincia - enter the name of your province.

Teléfono móvil - enter your telephone number. If it's a UK mobile number, prefix it with 0044.

E-mail - enter your email address.

Representante legal, en su caso - leave blank unless, for example, acting on behalf of a child, in which case you enter  your own name, or if you're unable to attend for a valid reason then enter the name of your representative.

DNI/NIE/PAS - if the representative is a Spaniard, enter their DNI number or PAS, which, I think, is the number which appears on a Spanish power of attorney. Otherwise enter the representative's NIE.

2) DATOS DEL REPRESENTANTE A EFECTOS DE PRESENTACIÓN DE LA SOLICITUD

This section can be left blank unless you've appointed a representative, or are acting as a guardian, in which case it has to be completed. The only field that is different from those described above is the one for Nombre/Razón Social where, if applicable, Razón Social asks for the name of the company to whom you've granted POA.

Note that the regulations state that you must apply in person, and I assume that this section is for cases where that is impossible e.g. due to illness. I've not been able to confirm whether granting power of attorney to a representative is sufficient, or whether you would also need a statement from your doctor. The other example, as I've indicated above, is if you're acting as a guardian for a minor.

3) DOMICILIO A EFECTOS DE NOTIFICACIONES

This section asks for details about where any notifications should be sent. The only notification you're ever likely to receive is to tell you that your certificate is ready for collection. However, you should complete it. All the fields have already been described above.

CONSIENTO que las comunicaciones y notificaciones se realicen por medios electrónicos

Simply put an x in the box beside this to confirm that you agree to receive notifications by e-mail.

Nombre y apellidos del titular

Just enter your full name.

4) SITUACIÓN EN ESPAÑA

PERÍODO PREVISTO DE RESIDENCIA EN ESPAÑA - in most cases you can just enter PERMANENTE, unless you're staying more than three months but less than six months, in which case enter the duration of your stay.

FECHA DE INICIO DE LA RESIDENCIA EN ESPAÑA - enter the date you took up residence in the format dd/mm/aaaa.

Nº DE FAMILIARES QUE ACOMPAÑAN O SE REÚNEN CON EL SOLICITANTE EN ESPAÑA - this is to enter the quantity of any family members who are applying with you.

RESIDENCIA TEMPORAL - mark the appropriate section:

Trabajador por cuenta ajena - employee.

Trabajador por cuenta propia - self-employed.

No activo con recursos suficientes y seguro de enfermedad - not working in Spain.

Estudiante con recursos suficientes y seguro de enfermedad - student.

Nacional UE/EEE/Suiza, familiar de otro nacional incluido en los apartados anteriores - family member.

DNI/NIE/PAS del ciudadano UE/EEE/Suiza que da derecho - leave blank unless the application is as a family member, then they must enter the NIE number of the person on whom they are dependent.

Vínculo con el ciudadano UE/EEE/Suiza que da derecho - the family member must specify their relationship to the person whose NIE number they have entered above, e.g. esposa, madre, hija, etc.

Las personas abajo firmantes…..

Mark this section if you're in one of the categories that requires you to have private health insurance.

Las personas abajo firmantes…..

Mark this section to confirm your agreement that they can carry out online checks about you.

NO CONSIENTO.....

Marking this box would be stating that you don't agree to them confirming your identity electronically, so leave it alone. If you don't agree to them checking your identity electronically, you'll just be creating problems for yourself, as they would then ask for other documentation.

Place and date fields

The first field is where you stipulate a place, and I suggest you use the name of the town where you are making the application.

The second is for the numeric day of the month.

The third is the month (remember that this needs to be in Spanish, and that it isn't capitalised).

The last is for the year.

For example, the final result could be:

Orihuela, a 27 de agosto de 2018

FIRMA DEL CIUDADANO DE LA UNIÓN (familiar del solicitante)

This is where a family member signs the form. If not applicable, leave blank.

FIRMA DEL SOLICITANTE (o representante legal, en su caso)

This is where you or an appointed representative signs the form. If the form has been completed on behalf of a minor, then this is where the guardian signs.

DIRIGIDA A

This is where you enter the name of the place where you are submitting the application, for example Dirección General de la Policia.

Código DIR3

This is an alpha-numeric identification for the office at which you are applying. Leave it blank, and let the person handling your application fill it in.

PROVINCIA

This is the name of the province in which the office you apply to is situated, for example Alicante.

Nombre y apellidos del titular

Just enter your full name.

ANEXO I

I haven't found an example of how to complete the annexes. If anyone can provide a link for such an example, then I'll revise these instructions.

Anexo I is for listing documents for which verification or consultation is authorised by yourself. However, ÓRGANO and ADMINISTRACIÓN in this context mean authority or government authority, so only enter details of any such documents you are providing. I assume that the supporting documents required by persons working or studying here will fit in this category but, for example, proof of health insurance will not.

ANEXO II

Anexo II is for listing documents you do not authorise them to verify, and I recommend that you leave this blank

WHERE DO YOU GO?

You can apply at the nearest Oficina de Extranjería (foreigners’ department) in your province, or at a National Police Station (Comisaría de Policía).

Foreigners' offices:

You can find all the offices on this link:

http://www.seat.mpr.gob.es/es/portal/servicios/extranjeria/extranjeria_ddgg.html

For Alicante province, there are offices in Alicante & Altea:

Oficina de Extranjería en Alicante

Calle Ebanistería, (Polígono de Babel), 4 y 6

Alicante

Oficina de Extranjería en Altea

Calle San Isidro Labrador, 1

03590 - Altea

The following two links details which municipalities are covered by each office - make sure you go to the correct one.

http://www.consultor.com/oue/terminosAlicante.html

http://www.consultor.com/oue/terminosAltea.html

National police stations:

The following is the website to use to find all the offices:

https://www.policia.es/documentacion/oficinas/oficinas_extran.html

Note that some of the offices listed do not transact residencia applications. The following are those that do.

Alcoy:

Comisaría del Cuerpo Nacional de Policía de Alcoy

C/ Perú, 10.

Benidorm:

Comisaría del Cuerpo Nacional de Policía de Benidorm

C/ Apolo XI, 36.

Dénia:

Comisaría del Cuerpo Nacional de Policía de Dénia

C/ Castell d´Olimbroi, 5.

Elche:

Comisaría del Cuerpo Nacional de Policía de Elche

C/ Abeto, 1 (Carrer l'Avet, 1)

Elda:

Comisaría del Cuerpo Nacional de Policía de Elda-Petrer

C/ Lamberto Amat, 26.

Orihuela:

Comisaría del Cuerpo Nacional de Policía de Orihuela

C/ Sol, 34.

Torrevieja:

Comisaría del Cuerpo Nacional de Policía de Torrevieja

Oficina de Documentación de Españoles y Extranjeros

C/ Arquitecto Larramendi, 3.

Playa Flamenca:

Ayuntamiento de Orihuela Costa (Oficina del Comisaría de Policía de Orihuela Costa)

Plaza del Oriol, 1.

Teulada:

Ayuntamiento de Teulada (Oficina del Cuerpo Nacional de Policía).

Av. de Santa Caterina, 2.

PAYMENT OF THE FEE

The payment form is Modelo 790.

If you go to a national police station or foreigners' office without having pre-paid the fee, they might (but might not!) provide you with the payment form, which you then have to complete, take to a bank and pay the fee, and then go back and try again. It's just not worth the hassle - pre-pay the fee in advance and take the receipted 790 with the rest of the application paperwork.

There are actually two versions of the 790 relevant to residencia. These are '790 Tasa 052' and '790 Código 012'.

790 Tasa 052 is to be used if you are applying at a foreigners' office.

790 Código 012 is to be used if you are applying at a national police station.

NB: Make sure you use the correct one!

790 Tasa 052:

1). You can only do this online if you have an electronic certificate. If you do, this is the starting point (I've opted for the English version):

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on PAY AND SEND THE PAYMENT FORM FOR FEE 052 VIA INTERNET.

If you get a pop-up, just click OK.

On the next (confusing) page, click on Acceso con [email protected]

On the left-hand side of the next page, in the box for eIdentifier, click Access.

Select your electronic certificate and click OK.

On the next page, click your province on the map, and click OK on the pop-up.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Enter the full IBAN number for your bank account, then click on REALIZAR PAGO.

(You can also pay by credit or debit card).

Make sure you print two copies of the receipted 790.

2). If you haven't got an electronic certificate, you can only use this procedure if you've already got an NIE number, as this is one of the mandatory fields that must be completed, and you can't download a blank form.

Go to:

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on COMPLETE AND PRINT THE PAYMENT FORM FOR FEE 052.

On the next page, click your province on the map, and click OK on the pop-up.

Enter your details in the IDENTIFICATION section.

In the Nationality window, you need to select REINO UNIDO from the drop-down list.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Then go to the bottom section of the form.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Under PAYMENT you need to select one of two options - cash or by transfer from your bank account.

If you select the latter, you need to enter the full IBAN for your bank account.

Then click on Obtain Document.

This downloads the 790 as a PDF.

Print the first three pages - you don't need the last one.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

NB: Don't solicit residencia at a foreigners' office if you haven't got either an NIE or electronic certificate, unless you want to pay a prior visit and ask for a hard-copy of the form.

790 Código 012:

Go to (there isn't an English version):

https://sede.policia.gob.es:38089/Tasa790_012/ImpresoRellenar

In the N.I.F./N.I.E. field, enter your NIE number if you've got one; otherwise enter your passport number.

In the Apellidos y nombre o razón social field, put your surname, a comma, then your first name(s).

In the Tipo de vía field, put what type of road you live on - calle etc.

In the Nombre de la vía pública field, put the name of the road you live on, less what you've done above.

In the Núm. Field, put your house number or apartment block number.

If you live in a flat, put your flat number in the Piso field.

The Teléfono field isn't mandatory, but if you don't enter your telephone number, you'll later be recommended to do so.

In the Municipio field, enter the name of the town where you live - you can enter more than one word, for example Mudamiento, Orihuela.

In the Provincia field, enter the name of the province where you live.

In the Código Postal field, enter your post code.

In the section for Tarjetas de identidad de extranjeros (TIE) y certificados de registro de residentes comunitarios,

click the box at the right of .Certificado de registro de residente comunitario…

The amount of the fee (€12.00) appears in the Ingreso section at the bottom.

In Localidad, enter the name of your home town.

Under Forma de pago you need to select one of two options.

En efectivo means that you are going to pay in cash.

E.C. Adeudo en cuenta means you want payment to be from your bank account, in which case you need to enter the full IBAN for your bank account in the Código IBAN de la cuenta field.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Then click on Descargar impreso rellenado.

This doesn't actually do a download, but instead opens a PDF of the completed form.

Right-click on this to save it, or just print it without saving.

You don't need to print the last page.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

Final note:

There's a strange anomaly that only appeared recently about going to a foreigners' office or a police station. The foreigner's office fee is €10.82, whereas the police fee is €12.

(When we got our residencias in 2006, the fee was €6.70).

APPOINTMENT

A prior appointment is necessary. Ensure this is in the name of the person applying. It used to be the case that solicitors, gestors etc, would make block bookings in the hope they'd be able to fill those slots. When they didn't, they simply didn't turn up, which wasted police time, so many police stations are now insisting that appointments be in the name of the applicant. That obviously stops anyone from booking slots in advance.

If there are two or more of you, you need to make a separate appointment for each person.

You need to take a copy of the appointment you have made.

For Alicante, Benidorm, Denia, Elche, Elda, Orihuela, Playa Flamenca and Torrevieja, you can make an appointment online. Start here:

https://sede.administracionespublicas.gob.es/icpplus/

The website can be a bit creaky, so don't be surprised if you have to load it several times, or try at different times of the day.

In the blue Seleccionar box, click the drop-down arrow and select e.g. Alicante, then click Aceptar.

Click the blue box by TRÁMITES DISPONIBLES PARA LA PROVINCIA SELECCIONADA and select POLICIA-CERTIFICADOS UE, then click Aceptar.

On the next page click ENTRAR.

You then have the option of identifying yourself by NIE number or passport, and also need to enter your name. You are warned that the name you enter must be identical to that shown on your NIE or passport, and that if you enter your NIE number, then you must do so without hyphens.

Click on the box in the CAPTCHA and click Aceptar.

On the next page click Solicitar Cita.

Click in the blue box and select which office you want to go to, then click Siguiente.

Enter your telephone number, then enter your email address in the other two boxes. This will be used to send you confirmation of the appointment if you want this. You are warned that there is a problem with hotmail addresses. Then click on Siguiente.

You are then shown the next available appointment(s). If one is OK for you, click on that so it turns red, then click on Siguiente.

In the pop-up box, click OK.

Put a tick in the box beside Estoy conforme..., and if you want to receive email confirmation, tick the box beside Deseo recibir...

To finalise the appointment, click on Confirmar.

Click on "Imprimir" to print the appointment.

As a side note, I checked how long one has to wait to get an appointment, and this varied between eight and ten weeks, with the exception of Torrevieja, which was five weeks.

For Alcoy, Altea and Teulada, I'm unable to find an online way of making an appointment. It therefore appears that you will have to make an initial visit to the office in question in order to make an appointment.

BEFORE YOU GO

It might help to reduce the stress on your appointment day if you make a prior visit to the office in question. You'll then be able to find out where to park, how long it will take from parking to arriving at the office, and what the set-up is there; for examples, whether there is a desk where you show your appointment or a machine in which you enter your details, where is the monitor which tells you when it's your turn, and are the desks you have to go to clearly numbered. Also, if the office is one for which you cannot make an appointment on line, you can ask if you can make an appointment whilst you're there, ask when the quietest time is, see if there's a machine from which to take a deli ticket (turno), etc.

Parking near Elche police station can be difficult, whereas at Orihuela it's easy to park at the Ociopia shopping centre and walk over the bridge.

DOING THE DEED

I recommend that you take someone with you who speaks Spanish. Procedures vary between the various offices and even between individuals in an office.

What happens when you get to your chosen location depends on where you're going, but make sure you've got your appointment on top of the pile of papers you're clutching.

You will probably need to see someone on reception, and to take or be issued with a turno (deli ticket).

When it's your turn, just smile nicely, apologise for your poor Spanish, and pass the pile of papers across the desk - you'll have time to bite your finger-nails while you're waiting!

It might help to keep a document back. If the official then says you're missing something, ask him if that's the only thing that's missing, and then produce it. That way he will have no excuse to complain that the application is incomplete.

All being well you may be given a residencia certificate on the spot, or you may be given a resguardo (receipt) and asked to return within the next few days.

If your application is not accepted for some reason, you have ten days in which to return and re-submit the application. If you do not do that within ten days, then your application is considered to have been withdrawn, and you'll have to start all over again.

ONCE YOU'VE GOT YOUR RESIDENCY CERTIFICATE

The first thing you must do is make one or more copies. You could also if you wish get a certified copy (compulsado) at a notary, or possibly at a national police station or town hall. I suggest that if you want to carry the certificate in your wallet, then make a good quality colour copy and laminate that.

If you haven't already got a padrón, then go and do so.

Change your non-resident bank account into resident account (lower charges).

Be aware that as a resident in Spain, you are only entitled to an EHIC (strictly speaking it is for residents here an EHIC-E) if you've got an S1 or are a student.

DOES IT NEED RENEWAL?

No! It's for life, unless you leave Spain for an extended period, or unless your details change.

If you've got the old-style A4 certificate, then you can voluntarily change it for the credit-card size, but with Brexit looming, there's no point in doing this.

On the subject of Brexit, after which we'll need a different type of residencia, then that will need renewing every five years.

PERMANENT RESIDENCY CERTIFICATE

After five years of legal residence, you can apply for a certificate of permanent residence of an EU citizen. This means that you will be issued with a new certificate with the word Permanente on it. However, in my opinion, there is no point in doing so, as after five years of legal residency, you will automatically have the right of permanent residence (as a citizen of the EU), and don't need your residency certificate to state this. Post-Brexit, such a certificate would have no more worth than a certificate without the word Permanente on it.

If, however, you wish to do this, no documentation should be required regarding health cover or finances, as you have lived in Spain for a continuous period of five years, and this can be verified by the authorities. You'd just need an EX-18, passport, payment of the fee, and prior appointment. On the EX-18, you select RESIDENCIA PERMANENTE and mark the relevant category below that.

There are also circumstances under which you can apply for a permanent residency certificate before completing five years here, and for this you will be required to prove that you've been here for the for the period in question, and that you fit into one of the relevant categories:

a). You are employed or self-employed, having lived here for three years and worked for one year, and are finishing work because you have reached the age set by Spanish law for retirement with the right to a pension.

b). You were employed or self-employed and ceased working due to permanent disability, having lived here for two years. The two years requirement doesn't apply if disability was caused by an accident at work or occupational illness, which results in you being paid, in whole or in part, a state disability pension.

c). You are employed or self-employed, having lived and worked here for three years, and now work in another EU state as a cross-border worker but keep your principal residence here and return at least once a week.

d). Family members who have lived with someone who has died, provided that the deceased had lived here at least two years, or whose death was due to an accident at work or an occupational illness.

LOSING YOUR RIGHT TO RESIDENCY IN SPAIN?

Your continuity of residence is not affected by temporary absences of less than 6 months a year or one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.

You can lose the right to permanent residence if you live outside Spain for more than 2 consecutive years.

CHANGE OF DETAILS

You are obliged to notify the authorities if any of the details used to obtain your residencia change.

Such changes include moving to a new address, changing surname due to marriage, and renewing a passport.

If it's a change of address, ensure you're on the padrón at your new address, as the authorities will carry out an online check.

If it's a change of name, you will need to take your marriage certificate.

If it's a change of passport, you'll need to take your new one (I'd also take the old one if you've got it).

You have to use the EX-18 to notify the change, clicking the MODIFICACIÓN box, and then clicking the relevant box in this section.

I've also found a form on this government website for 'Comunicación al registro central de extranjeros de cambios de situación':

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Modelos_comunicaciones/COMUNICACION-CAMBIO-SITUACION.pdf

This actually looks far too simple to be true - fill it in and post or deliver it. The problem is that your change of details might, if you're lucky, be recorded in the system, but I can't see the authorities sending you a new residencia certificate.

There is also an online way of notifying a change of address if you've got an electronic certificate, and one of the authorities that are notified is DGP - the police, but again I can't see the authorities sending you a new residencia certificate:

https://cambiodomicilio.redsara.es/pcd/

Question to other forum members:

Anyone renewed their UK passport and not reported the change of passport number?

OBTAINING A DUPLICATE CERTIFICATE

There are circumstances when you need to replace a residencia - you've lost it, it's been stolen, or it's become damaged.

If you lose your residencia, even if it's not been stolen, you must go to a Comisaría de Policía (National Police station) and make a denuncia stating you have lost it; and if known stating where and when this happened.

You can make the process easier by filing the denuncia online, then going along to the police station with the reference number that the online system generated, and signing the report. Start here:

https://denuncias.policia.es/OVD/

Although the online system is in English, you should fill in the details you are reporting in Spanish.

You will need to take your original copy of the denuncia with the other paperwork when you go to obtain your duplicate residencia.

If it's damaged, then take that with you.

To be on the safe side, also take a padrón, your passport, SIP card, and proof of finances as in the initial application process, but don't offer them unless prompted.

There isn't a specific section on the EX-18 to request a duplicado, but I suggest clicking the MODIFICACIÓN box, then OTROS, and enter the reason:

Extravío - loss

Deterioro - deterioration or damage

Sustracción - theft


This is fantastic, thank you so much for the effort you have gone to with this. 

Kath58

Sat Aug 25, 2018 5:59am

Posts: 12

Location: Almoradí

10 helpful posts

Posted: Sat Aug 25, 2018 5:59am

jimtaylor wrote:

THE REASON FOR THIS GUIDE

There is so much information on the internet, and on this forum, about residency, that a guide such as this should not be necessary. However, many people keep asking the same old questions, presumably because they either struggle to do an effective search, or don't always understand what they find. In some ways I can sympathise, as many of the articles about residency are out of date, incomplete, or lacking in detailed instructions. Although there is a lot of good information on our forum, it's in numerous threads and, like every forum I've ever known, the search facility isn't as good as it might be.

I decided therefore to produce this guide in an attempt to put all the necessary information in one place. Hopefully this will provide a resource for people who need to know about residency and, in the longer term, save people like Nicola and myself from having to keep answering questions, either on the open forum or by PMs.

I'd point out that it takes a long time to produce a comprehensive guide like this, and I just hope that I haven't been wasting my time. I'll have to wait and see what the responses are and also how many people click the Helpful button. At the worst, I'll use it as a model for the situation post-Brexit.

It's a long guide simply because I wanted to make it as comprehensive as possible. It could get even longer if I get feedback about additional information!

WHAT'S IT ALL ABOUT, ALFIE?

'Residencia' is what most of us call the green paper or card that we receive when we register as residents, and the word residencia does appear in the descriptive text about the subject, but what we actually receive is a certificate of residency. It is only non-EU citizens who receive a card with the word Residencia on it. Be that as it may, I'll continue to call it residencia.

You can stay in Spain for up to three months, and for that all you need is your passport. For stays of more than three months, it is a legal requirement that you register your presence.

You don't have to wait three months before you apply for residencia - you can do it as soon as you make the permanent move out here.

A residencia certificate (CERTIFICADO DE REGISTRO DE CIUDADANO DE LA UNIÓN) is a document certifying that someone from another EU country is legally resident in Spain, and that the person is registered on the Central Register of Foreign Nationals (Registro Central de Extranjeros).

It used to be an A4 piece of green paper, but for some years now it has been issued as a credit card size piece of card. It contains the person's name, date and place of birth, nationality, address, NIE number, and date of issue. It does not have an expiry date.

It cannot be used as proof of identity, but the credit card size of certificate is easier to carry than the A4 NIE document, for occasions when you need to show your NIE number.

Part of the application process is that you have to prove that you will not be a financial burden on the state, by providing proof of an acceptable level of income, and by providing proof of health cover. More on these topics later.

You don't need to have previously obtained an NIE number before applying for residencia - the NIE number can be obtained as part of the residencia process.

ADVANTAGES

In my opinion, the principal advantage is that you are complying with the law, and therefore legally resident. This could well be advantageous post-Brexit.

Most of the material advantages revolve around the fact that if you're resident in Spain, then you pay residents' taxes here. If you're not legally resident, then you're classed as non-resident.

For examples:

Non-residents pay an annual tax based on the value of their property. Residents do not pay this tax.

Non-residents with rental income have to do a quarterly tax return for any rental income they receive. Residents include rental income in their annual tax return. If you pay someone else to do your returns, then a non-resident pays for four returns whilst a resident pays for one. Also, a resident has the advantage of the various tax allowances.

Inheritance tax prior to Brexit is the same for residents and non-residents. Post-Brexit, unless the current law is amended (which may well be the case), inheritors will only receive the national tax allowance, which is very much lower than the regional Valencian allowance.

If a non-resident sells a property in Spain, then the buyer retains 3% of the price and pays this to the tax office. This can be recovered if it's more than the tax due, but it could be a lengthy process.

Post-Brexit, non-EU non-residents who sell a property will pay a higher rate of capital gains tax than do EU citizens.

If a resident sells his principal residence and re-invests the proceeds in another property, then he doesn't pay capital gains tax on the sale of the first property.

There are several other aspects as well, for examples:

A non-resident can potentially have his car impounded if stopped for a traffic offence.

Some municipalities offer benefits to residents

Having a non-resident bank account incurs considerable charges that resident accounts do not have.

RELEVANT LEGISLATION

If you fancy a bit of light reading, the following is some of the legislation related to the subject:

E.U. Directive 2004/38/EC

Real Decreto 240/2007

Real Decreto 557/2011

Ley 6/2018

Orden PRE/1490/2012

Where I provide quotes from the legislation in subsequent sections, these are my translations.

DOCUMENTS REQUIRED

Application form:

The application form is the EX-18. Post-Brexit it will probably be EX-17, but that will be a separate topic when the time comes.

There are a great many links to the EX-18 on the internet, and even active links to the old EX-16, which became redundant some years ago. Some of the links to the EX-18 are for old formats. The links to the current format are:

Immigration office:

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/18-Certificado_Residencia_comunitaria.pdf

National police station:

https://sede.policia.gob.es/portalCiudadano/extranjeria/EX18.pdf

Irrespective of which link you follow, both give the same form. This is an editable PDF. It can be completed online then downloaded or printed, or it can be downloaded as is and then completed in your PDF reader.

You need to take two completed copies.

See later for completion instructions.

Passport:

Valid passport and copy.

If it has expired and you've sent it back to the UK for renewal, a copy of both the passport and the renewal application must be provided.

NIE?:

There isn't any requirement to provide an NIE. However, as the various offices that issue residencias seem to operate to their own rules, then I suggest that you take your NIE if you've got one, just in case.

Padrón?:

As above, there isn't any requirement to provide a copy of your padrón but, again, you could take one just to prove your address. Alternatively, you could take your escritura, a nota simple or a long-term rental contract. If your town hall won't let you register on the padrón because you don't have residencia, ask if they'd issue you with a temporary one if you return with a copy of the appointment you will be making for your residencia application.

Photograph?:

This definitely is not required.

Other requirements:

Other things you need to produce all depend on what category of applicant you are. These are detailed in the following sections.

Students:

A student has the right to live in Spain whilst studying or undergoing professional training, for the duration of this, provided he/she produces documentary proofs of:

a). Enrolment in a  education institution (state or private) that is either funded or recognised by the Spanish education authorities.

b). Having public or private health insurance, contracted either in Spain or in another country, that provides complete cover in Spain.

The law states:

However, this condition will be deemed to be met if the student has a European Health Insurance Card that is valid for a period that covers the entire period of residence and that allows him to receive, exclusively, any medical assistance that is necessary from a medical point of view, taking into account the nature of the assistance and the envisaged duration.

I find this somewhat strange - it implies that the law considers anyone young enough to be a student to be healthy enough to only require cover for emergency treatment.

c). Provision of a sworn statement that of having sufficient financial resources for oneself and any family members, so there is no risk of becoming a burden on Spain’s social security system during the period of residence.

Compliance with this requirement is considered to be met by producing proof of taking part in a EU educational exchange programme for students and teachers.

Note:

You could lose your right to residency if you complete your studies and are unable to prove you are working or have sufficient financial resources to support yourself, and family members if applicable.

Employed:

By employed, I mean legally employed with a contract and paying social security contributions.

You need to produce, from your employer, a contract or certificate of employment (certificado de vida laboral) for a minimum of six months, to prove that you are employed here. The contract must include, at least, the name and address of the company, and its tax code and social security contribution code.

If you are not yet working, you will need proof of a job offer that has been registered with the Ministry of Labour (Servicio Público de Empleo).

You may need to consent to checks being carried out about you with Social Security contribution records (Ficheros de la Tesorería General de la Seguridad Social), to prove that you are paying Social Security contributions.

Self-employed:

By self-employed, I mean paying social security contributions and being registered with the relevant authorities.

You must provide evidence that you are self-employed (Autónomo) by providing one of the following:

a). Registration on the Economic Activities list (Censo de Actividades Económicos).

b). Proof that your business is in the Companies Register (Registro Mercantil).

c). Proof of registration with the Social Security system.

d). Giving consent to your details being checked in the Social Security General Treasury records (Ficheros de la Tesorería General de la Seguridad Social) or those of the Tax Agency (Agencia Tributaria).

Jobseeker:

I'm including this as a separate category because jobseekers seem to be treated differently under EU rules. However, I've been unable to find any mention of different treatment for jobseekers in Spanish legislation.

The EU view seems to be that a jobseeker can stay in another EU state for six months without having to register as a resident and without having to prove that you can support yourself financially.

After six months without finding a job, the authorities could re-assess your entitlement to stay in the country, and you'd need to provide proof that you're actively seeking work and, moreover, have a reasonable chance of finding a job.

As you've not been paying into the social security system, you do not have any entitlement to non-contributory benefits.

Bear in mind that I can't find the above information in Spanish legislation, so it appears that jobseekers should be grouped within the category of people not working in Spain.

Not working in Spain:

This category includes pensioners and those who have retired early. You need to provide two things:

1). Proof of health cover:

The law states:

You must also provide public or private health insurance, contracted in Spain or in another country, that provides coverage in Spain during your period of residence equivalent to that provided by the National Health System.

If you're in receipt of the UK state retirement pension, or an 'exportable benefit' like Disability Living Allowance, you need to get from DWP at Newcastle a form S1, which enables you to transfer your health cover from the UK to Spain.

If anyone has a problem with their S1 being accepted, refer the clerk to the following government website:

http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html

where it states:

Los pensionistas cumplen con esta condición aportando certificación de disponer de asistencia sanitaria con cargo al Estado por el que perciben pensión.

Nota importante: cuando se aporten documentos de otros países deberán estar traducidos al castellano o lengua cooficial del territorio donde se presente la solicitud.

Cuando se trate de formularios estándares de la Unión Europea no será necesaria ni su traducción, ni su legalización de conformidad con lo dispuesto en la normativa comunitaria que los ampara. Por ejemplo: modelos de asistencia sanitaria S1, E109, E 121...

This is a very clear statement that an S1 is acceptable, and that it does not need translating.

If you're not entitled to an S1, you need to have private health insurance, contracted in Spain or in another country, that provides full cover in Spain, equivalent to that provided by the Spanish National Health System (Sistema Nacional de Salud).

The emphasis is on full cover, i.e, it must cover pre-existing conditions, cover unlimited hospital stays, and not be subject to co-payments.

To avoid people taking out such a policy and then cancelling it after obtaining residencia, you need to provide proof that you have paid for twelve months cover.

The insurance company should provide a certificate confirming that the policy meets residencia requirements and has been paid for one year, and you should present this certificate and not the actual policy - but take the policy with you just in case.

2). Proof of finances:

What you need to do is to prove that you have sufficient resources (including for family member(s) if applicable) that you're not going to become a financial burden on the Spanish social services.

To quote from Orden PRE/1490/2012:

Accreditation of the possession of sufficient resources, whether by periodic income, including work or other income, or by the possession of an estate, shall be carried out by any means of proof admitted by law, such as property titles, certified checks , documentation justifying obtaining capital income or credit cards. In this latter case, an up to date bank certificate proving the amount available by way of credit on the aforesaid card shall be produced.

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

The assessment of sufficient resources must be carried out on an individual basis, taking into account the applicant’s personal and family circumstances. The possession of resources that are more than the amount established each year by the State General Budgets Act (Ley de Presupuestos Generales de Estado) that justifies the right to receive non-contributory benefits, taking into account the interested persons’ personal and family circumstances, will be regarded as sufficient proof to meet this requirement.

To simplify the above, you need to prove that you have a regular income or own a capital asset. Acceptable income can be from a pension, salary, income from capital, property rental etc. Unfortunately, the legislation does not specify the period for which you need to prove the regular income. If you own a property in the UK, then in theory it should be sufficient to produce the deeds, although these would need to be translated and bear the Hague Apostille, and the same would apply to bonds or shares etc. Documents can also be legalised beforehand by the Spanish Consular Office in the UK or by the Ministerio de Asuntos Exteriores y de Cooperación.

Some offices might accept proof of ownership of such an asset instead of proof of a regular income, and others might want proof of both bank balance and income. I disagree that you should be asked to prove a bank balance, but you'd have to be a brave person to start arguing the toss over this with whoever processes your application!

Some offices may accept a current bank balance in excess of €6,000, whereas others might be satisfied with statements showing consecutive monthly deposits of €600; and some might be satisfied with evidence of three monthly deposits, whereas others might want to see six monthly deposits. It's best to go prepared with as much evidence as you can gather.

The obvious way to prove proof of income is to provide bank statements. You could also ask your bank if they will provide a 'certificado bancario' stating that you have a regular income with them. I think it would also be wise to have to hand - but not produce unless challenged - a document proving that it is a regular income - like DWP's notice regarding the annual increase in your pension.

The reference above to the “Ley de Presupuestos Generales de Estado” is important, as it is this law which defines the amount of income that yours must exceed. There is a new law published every year, and that published in 2018 (Ley 6/2018) with the figures for 2018 states that for an individual, the amount is €5178,60 p.a., which is €431.55 p.m. This is well below the amount that immigration and police offices require, and I think they may be using another indicator in the law, known as the IPREM (Indicador Público de Renta de Efectos Múltiples), which is €6454.03 p.a. or €537.84 p.m.

I can well understand the authorities rounding this up to €600 for the purposes of residencia, to ensure that a person's income doesn't dip below the benefit threshold due exchange rate fluctuations.

If there are two or more of you applying as a family unit, and you don't all individually have income exceeding the minimum, then it gets a bit more complicated, as it depends on the relationship between you.

If you live only with your spouse and/or second-degree blood relatives (brother-sister, grandchild or grandparent), then the amounts are:

Two people: €8,803.62

Three people: €12,428.64

Four people: €16,053.66

Five people: €19,678.68

If among the blood relatives with whom you live, there is one of first-degree (parents or children), then the official amounts are:

Two people: €22,009.05

Three people: €31,071.60

Four people: €40,134.15

Five people: €49,196.70

The above figures are those specified by social services but, to me, seem ridiculously high in the context of qualifying for residencia. I am of the opinion that the qualifying amounts will be simple multiples of the IPREM referred to above.

If you apply as a couple, and your spouse on their own doesn't meet the residencia requirements because their income is below that required, and so makes her application as a family member (see later), and your combined income meets the requirements for two people, then it might be helpful to take your marriage certificate, and produce this if challenged.

As a final note to this topic, post-Brexit anyone applying for an identity card (TIE) will have to show resources of four times the IPREM referred to above, i.e. €2151.36 p.m. If some form of agreement isn't reached about this requirement, then very few people will be able to come and legally live in Spain.

Children:

I can't find anything specific about this in the legislation, so the following is just a guess regarding the requirements. If anyone has done it, I'd welcome feedback.

Passport of both child and applicant parent.

Parent's residency certificate.

Marriage certificate.

Child's birth certificate - probably with an official translation if not born in Spain.

Libro de Familia if born in Spain.

You may need to provide a sworn statement (declaracion jurada) to attest to the family relationship.

Family members:

In this section, I am looking at family members who are unable to apply for residencia in their own right - for example, their income may not be sufficient to meet the requirements. In that sense, this section deals with those who can be regarded as dependants.

This is potentially a very large topic, as there are so many possible permutations, but I'm only going to cover the most common situations.

EU spouse or partner and other direct family members:

Your own residency certificate.

Proof of the applicant's family relationship with you, e.g. a marriage or birth certificate.

Proof that children or grandchildren are under 21 or dependent on you.

Proof that parents or grandparents are dependent on you.

Proof if they are seriously ill and need you to take care of them personally.

Proof you have sufficient means to support all the members of your family who are with you, including full medical cover.

If you're not married, you may need a 'certificado de convivencia' from the town hall (it's like a padrón). You need to prove stable cohabitation of at least one year unless you have children, in which case this is taken as providing the necessary proof.

If your family member is not an EU citizen, then they need to apply for a 'tarjeta de residencia de familiar de ciudadano de la UE', and for this the application form is Modelo EX19. It's a different procedure resulting in the issue of a plastic card bearing a photograph and thumb-print.

Death:

The death of a spouse will not immediately affect the right of residence of family members. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

Divorce or separation:

In the event of divorce or legal separation, the family member retains the right to residency provided the couple have been legally resident for at least three years. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

COMPLETING THE APPLICATION FORM

As I said earlier, the application form is an editable PDF, so you can fill it out online or in your PDF reader. If you decide to print it as is and complete it by hand, you must use black ink and capital letters.

I'm simply listing what goes in each field:

1) DATOS DEL SOLICITANTE

This section is about you, the applicant.

PASAPORTE - enter your passport number.

N.I.E. - enter the number if you've got an NIE.

1er Apellido - enter your surname.

2º Apellido - leave blank, or put a long dash in it, unless you've got two surnames.

Nombre - enter your Christian name(s).

Sexo - mark as appropriate - H for male (hombre), M for female (mujer). Don't make the mistake a friend made - he thought M was masculino (male) and H was hembra (female), so he put himself down as M. It apparently caused a bit of levity at Orihuela police station!

Fecha de nacimiento - enter your date of birth in the format dd/mm/yyyy.

Lugar - enter the name of the town where you were born.

Nacionalidad - enter your nationality - BRITÁNICO for a man, BRITÁNICA for a woman.

Estado civil - mark to indicate if single (S), married (C), widowed (V), divorced (D), separated (Sp).

Nombre del padre - enter your father's Christian name(s).

Nombre de la madre - enter your mother's Christian name(s).

Domicilio en España - enter your street name, and suburb etc if appropriate.

Nº - enter your house number.

Piso - enter your flat number if appropriate; otherwise leave blank.

Localidad - enter the name of the town relating to your address.

C.P. - enter your post code.

Provincia - enter the name of your province.

Teléfono móvil - enter your telephone number. If it's a UK mobile number, prefix it with 0044.

E-mail - enter your email address.

Representante legal, en su caso - leave blank unless, for example, acting on behalf of a child, in which case you enter  your own name, or if you're unable to attend for a valid reason then enter the name of your representative.

DNI/NIE/PAS - if the representative is a Spaniard, enter their DNI number or PAS, which, I think, is the number which appears on a Spanish power of attorney. Otherwise enter the representative's NIE.

2) DATOS DEL REPRESENTANTE A EFECTOS DE PRESENTACIÓN DE LA SOLICITUD

This section can be left blank unless you've appointed a representative, or are acting as a guardian, in which case it has to be completed. The only field that is different from those described above is the one for Nombre/Razón Social where, if applicable, Razón Social asks for the name of the company to whom you've granted POA.

Note that the regulations state that you must apply in person, and I assume that this section is for cases where that is impossible e.g. due to illness. I've not been able to confirm whether granting power of attorney to a representative is sufficient, or whether you would also need a statement from your doctor. The other example, as I've indicated above, is if you're acting as a guardian for a minor.

3) DOMICILIO A EFECTOS DE NOTIFICACIONES

This section asks for details about where any notifications should be sent. The only notification you're ever likely to receive is to tell you that your certificate is ready for collection. However, you should complete it. All the fields have already been described above.

CONSIENTO que las comunicaciones y notificaciones se realicen por medios electrónicos

Simply put an x in the box beside this to confirm that you agree to receive notifications by e-mail.

Nombre y apellidos del titular

Just enter your full name.

4) SITUACIÓN EN ESPAÑA

PERÍODO PREVISTO DE RESIDENCIA EN ESPAÑA - in most cases you can just enter PERMANENTE, unless you're staying more than three months but less than six months, in which case enter the duration of your stay.

FECHA DE INICIO DE LA RESIDENCIA EN ESPAÑA - enter the date you took up residence in the format dd/mm/aaaa.

Nº DE FAMILIARES QUE ACOMPAÑAN O SE REÚNEN CON EL SOLICITANTE EN ESPAÑA - this is to enter the quantity of any family members who are applying with you.

RESIDENCIA TEMPORAL - mark the appropriate section:

Trabajador por cuenta ajena - employee.

Trabajador por cuenta propia - self-employed.

No activo con recursos suficientes y seguro de enfermedad - not working in Spain.

Estudiante con recursos suficientes y seguro de enfermedad - student.

Nacional UE/EEE/Suiza, familiar de otro nacional incluido en los apartados anteriores - family member.

DNI/NIE/PAS del ciudadano UE/EEE/Suiza que da derecho - leave blank unless the application is as a family member, then they must enter the NIE number of the person on whom they are dependent.

Vínculo con el ciudadano UE/EEE/Suiza que da derecho - the family member must specify their relationship to the person whose NIE number they have entered above, e.g. esposa, madre, hija, etc.

Las personas abajo firmantes…..

Mark this section if you're in one of the categories that requires you to have private health insurance.

Las personas abajo firmantes…..

Mark this section to confirm your agreement that they can carry out online checks about you.

NO CONSIENTO.....

Marking this box would be stating that you don't agree to them confirming your identity electronically, so leave it alone. If you don't agree to them checking your identity electronically, you'll just be creating problems for yourself, as they would then ask for other documentation.

Place and date fields

The first field is where you stipulate a place, and I suggest you use the name of the town where you are making the application.

The second is for the numeric day of the month.

The third is the month (remember that this needs to be in Spanish, and that it isn't capitalised).

The last is for the year.

For example, the final result could be:

Orihuela, a 27 de agosto de 2018

FIRMA DEL CIUDADANO DE LA UNIÓN (familiar del solicitante)

This is where a family member signs the form. If not applicable, leave blank.

FIRMA DEL SOLICITANTE (o representante legal, en su caso)

This is where you or an appointed representative signs the form. If the form has been completed on behalf of a minor, then this is where the guardian signs.

DIRIGIDA A

This is where you enter the name of the place where you are submitting the application, for example Dirección General de la Policia.

Código DIR3

This is an alpha-numeric identification for the office at which you are applying. Leave it blank, and let the person handling your application fill it in.

PROVINCIA

This is the name of the province in which the office you apply to is situated, for example Alicante.

Nombre y apellidos del titular

Just enter your full name.

ANEXO I

I haven't found an example of how to complete the annexes. If anyone can provide a link for such an example, then I'll revise these instructions.

Anexo I is for listing documents for which verification or consultation is authorised by yourself. However, ÓRGANO and ADMINISTRACIÓN in this context mean authority or government authority, so only enter details of any such documents you are providing. I assume that the supporting documents required by persons working or studying here will fit in this category but, for example, proof of health insurance will not.

ANEXO II

Anexo II is for listing documents you do not authorise them to verify, and I recommend that you leave this blank

WHERE DO YOU GO?

You can apply at the nearest Oficina de Extranjería (foreigners’ department) in your province, or at a National Police Station (Comisaría de Policía).

Foreigners' offices:

You can find all the offices on this link:

http://www.seat.mpr.gob.es/es/portal/servicios/extranjeria/extranjeria_ddgg.html

For Alicante province, there are offices in Alicante & Altea:

Oficina de Extranjería en Alicante

Calle Ebanistería, (Polígono de Babel), 4 y 6

Alicante

Oficina de Extranjería en Altea

Calle San Isidro Labrador, 1

03590 - Altea

The following two links details which municipalities are covered by each office - make sure you go to the correct one.

http://www.consultor.com/oue/terminosAlicante.html

http://www.consultor.com/oue/terminosAltea.html

National police stations:

The following is the website to use to find all the offices:

https://www.policia.es/documentacion/oficinas/oficinas_extran.html

Note that some of the offices listed do not transact residencia applications. The following are those that do.

Alcoy:

Comisaría del Cuerpo Nacional de Policía de Alcoy

C/ Perú, 10.

Benidorm:

Comisaría del Cuerpo Nacional de Policía de Benidorm

C/ Apolo XI, 36.

Dénia:

Comisaría del Cuerpo Nacional de Policía de Dénia

C/ Castell d´Olimbroi, 5.

Elche:

Comisaría del Cuerpo Nacional de Policía de Elche

C/ Abeto, 1 (Carrer l'Avet, 1)

Elda:

Comisaría del Cuerpo Nacional de Policía de Elda-Petrer

C/ Lamberto Amat, 26.

Orihuela:

Comisaría del Cuerpo Nacional de Policía de Orihuela

C/ Sol, 34.

Torrevieja:

Comisaría del Cuerpo Nacional de Policía de Torrevieja

Oficina de Documentación de Españoles y Extranjeros

C/ Arquitecto Larramendi, 3.

Playa Flamenca:

Ayuntamiento de Orihuela Costa (Oficina del Comisaría de Policía de Orihuela Costa)

Plaza del Oriol, 1.

Teulada:

Ayuntamiento de Teulada (Oficina del Cuerpo Nacional de Policía).

Av. de Santa Caterina, 2.

PAYMENT OF THE FEE

The payment form is Modelo 790.

If you go to a national police station or foreigners' office without having pre-paid the fee, they might (but might not!) provide you with the payment form, which you then have to complete, take to a bank and pay the fee, and then go back and try again. It's just not worth the hassle - pre-pay the fee in advance and take the receipted 790 with the rest of the application paperwork.

There are actually two versions of the 790 relevant to residencia. These are '790 Tasa 052' and '790 Código 012'.

790 Tasa 052 is to be used if you are applying at a foreigners' office.

790 Código 012 is to be used if you are applying at a national police station.

NB: Make sure you use the correct one!

790 Tasa 052:

1). You can only do this online if you have an electronic certificate. If you do, this is the starting point (I've opted for the English version):

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on PAY AND SEND THE PAYMENT FORM FOR FEE 052 VIA INTERNET.

If you get a pop-up, just click OK.

On the next (confusing) page, click on Acceso con [email protected]

On the left-hand side of the next page, in the box for eIdentifier, click Access.

Select your electronic certificate and click OK.

On the next page, click your province on the map, and click OK on the pop-up.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Enter the full IBAN number for your bank account, then click on REALIZAR PAGO.

(You can also pay by credit or debit card).

Make sure you print two copies of the receipted 790.

2). If you haven't got an electronic certificate, you can only use this procedure if you've already got an NIE number, as this is one of the mandatory fields that must be completed, and you can't download a blank form.

Go to:

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on COMPLETE AND PRINT THE PAYMENT FORM FOR FEE 052.

On the next page, click your province on the map, and click OK on the pop-up.

Enter your details in the IDENTIFICATION section.

In the Nationality window, you need to select REINO UNIDO from the drop-down list.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Then go to the bottom section of the form.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Under PAYMENT you need to select one of two options - cash or by transfer from your bank account.

If you select the latter, you need to enter the full IBAN for your bank account.

Then click on Obtain Document.

This downloads the 790 as a PDF.

Print the first three pages - you don't need the last one.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

NB: Don't solicit residencia at a foreigners' office if you haven't got either an NIE or electronic certificate, unless you want to pay a prior visit and ask for a hard-copy of the form.

790 Código 012:

Go to (there isn't an English version):

https://sede.policia.gob.es:38089/Tasa790_012/ImpresoRellenar

In the N.I.F./N.I.E. field, enter your NIE number if you've got one; otherwise enter your passport number.

In the Apellidos y nombre o razón social field, put your surname, a comma, then your first name(s).

In the Tipo de vía field, put what type of road you live on - calle etc.

In the Nombre de la vía pública field, put the name of the road you live on, less what you've done above.

In the Núm. Field, put your house number or apartment block number.

If you live in a flat, put your flat number in the Piso field.

The Teléfono field isn't mandatory, but if you don't enter your telephone number, you'll later be recommended to do so.

In the Municipio field, enter the name of the town where you live - you can enter more than one word, for example Mudamiento, Orihuela.

In the Provincia field, enter the name of the province where you live.

In the Código Postal field, enter your post code.

In the section for Tarjetas de identidad de extranjeros (TIE) y certificados de registro de residentes comunitarios,

click the box at the right of .Certificado de registro de residente comunitario…

The amount of the fee (€12.00) appears in the Ingreso section at the bottom.

In Localidad, enter the name of your home town.

Under Forma de pago you need to select one of two options.

En efectivo means that you are going to pay in cash.

E.C. Adeudo en cuenta means you want payment to be from your bank account, in which case you need to enter the full IBAN for your bank account in the Código IBAN de la cuenta field.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Then click on Descargar impreso rellenado.

This doesn't actually do a download, but instead opens a PDF of the completed form.

Right-click on this to save it, or just print it without saving.

You don't need to print the last page.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

Final note:

There's a strange anomaly that only appeared recently about going to a foreigners' office or a police station. The foreigner's office fee is €10.82, whereas the police fee is €12.

(When we got our residencias in 2006, the fee was €6.70).

APPOINTMENT

A prior appointment is necessary. Ensure this is in the name of the person applying. It used to be the case that solicitors, gestors etc, would make block bookings in the hope they'd be able to fill those slots. When they didn't, they simply didn't turn up, which wasted police time, so many police stations are now insisting that appointments be in the name of the applicant. That obviously stops anyone from booking slots in advance.

If there are two or more of you, you need to make a separate appointment for each person.

You need to take a copy of the appointment you have made.

For Alicante, Benidorm, Denia, Elche, Elda, Orihuela, Playa Flamenca and Torrevieja, you can make an appointment online. Start here:

https://sede.administracionespublicas.gob.es/icpplus/

The website can be a bit creaky, so don't be surprised if you have to load it several times, or try at different times of the day.

In the blue Seleccionar box, click the drop-down arrow and select e.g. Alicante, then click Aceptar.

Click the blue box by TRÁMITES DISPONIBLES PARA LA PROVINCIA SELECCIONADA and select POLICIA-CERTIFICADOS UE, then click Aceptar.

On the next page click ENTRAR.

You then have the option of identifying yourself by NIE number or passport, and also need to enter your name. You are warned that the name you enter must be identical to that shown on your NIE or passport, and that if you enter your NIE number, then you must do so without hyphens.

Click on the box in the CAPTCHA and click Aceptar.

On the next page click Solicitar Cita.

Click in the blue box and select which office you want to go to, then click Siguiente.

Enter your telephone number, then enter your email address in the other two boxes. This will be used to send you confirmation of the appointment if you want this. You are warned that there is a problem with hotmail addresses. Then click on Siguiente.

You are then shown the next available appointment(s). If one is OK for you, click on that so it turns red, then click on Siguiente.

In the pop-up box, click OK.

Put a tick in the box beside Estoy conforme..., and if you want to receive email confirmation, tick the box beside Deseo recibir...

To finalise the appointment, click on Confirmar.

Click on "Imprimir" to print the appointment.

As a side note, I checked how long one has to wait to get an appointment, and this varied between eight and ten weeks, with the exception of Torrevieja, which was five weeks.

For Alcoy, Altea and Teulada, I'm unable to find an online way of making an appointment. It therefore appears that you will have to make an initial visit to the office in question in order to make an appointment.

BEFORE YOU GO

It might help to reduce the stress on your appointment day if you make a prior visit to the office in question. You'll then be able to find out where to park, how long it will take from parking to arriving at the office, and what the set-up is there; for examples, whether there is a desk where you show your appointment or a machine in which you enter your details, where is the monitor which tells you when it's your turn, and are the desks you have to go to clearly numbered. Also, if the office is one for which you cannot make an appointment on line, you can ask if you can make an appointment whilst you're there, ask when the quietest time is, see if there's a machine from which to take a deli ticket (turno), etc.

Parking near Elche police station can be difficult, whereas at Orihuela it's easy to park at the Ociopia shopping centre and walk over the bridge.

DOING THE DEED

I recommend that you take someone with you who speaks Spanish. Procedures vary between the various offices and even between individuals in an office.

What happens when you get to your chosen location depends on where you're going, but make sure you've got your appointment on top of the pile of papers you're clutching.

You will probably need to see someone on reception, and to take or be issued with a turno (deli ticket).

When it's your turn, just smile nicely, apologise for your poor Spanish, and pass the pile of papers across the desk - you'll have time to bite your finger-nails while you're waiting!

It might help to keep a document back. If the official then says you're missing something, ask him if that's the only thing that's missing, and then produce it. That way he will have no excuse to complain that the application is incomplete.

All being well you may be given a residencia certificate on the spot, or you may be given a resguardo (receipt) and asked to return within the next few days.

If your application is not accepted for some reason, you have ten days in which to return and re-submit the application. If you do not do that within ten days, then your application is considered to have been withdrawn, and you'll have to start all over again.

ONCE YOU'VE GOT YOUR RESIDENCY CERTIFICATE

The first thing you must do is make one or more copies. You could also if you wish get a certified copy (compulsado) at a notary, or possibly at a national police station or town hall. I suggest that if you want to carry the certificate in your wallet, then make a good quality colour copy and laminate that.

If you haven't already got a padrón, then go and do so.

Change your non-resident bank account into resident account (lower charges).

Be aware that as a resident in Spain, you are only entitled to an EHIC (strictly speaking it is for residents here an EHIC-E) if you've got an S1 or are a student.

DOES IT NEED RENEWAL?

No! It's for life, unless you leave Spain for an extended period, or unless your details change.

If you've got the old-style A4 certificate, then you can voluntarily change it for the credit-card size, but with Brexit looming, there's no point in doing this.

On the subject of Brexit, after which we'll need a different type of residencia, then that will need renewing every five years.

PERMANENT RESIDENCY CERTIFICATE

After five years of legal residence, you can apply for a certificate of permanent residence of an EU citizen. This means that you will be issued with a new certificate with the word Permanente on it. However, in my opinion, there is no point in doing so, as after five years of legal residency, you will automatically have the right of permanent residence (as a citizen of the EU), and don't need your residency certificate to state this. Post-Brexit, such a certificate would have no more worth than a certificate without the word Permanente on it.

If, however, you wish to do this, no documentation should be required regarding health cover or finances, as you have lived in Spain for a continuous period of five years, and this can be verified by the authorities. You'd just need an EX-18, passport, payment of the fee, and prior appointment. On the EX-18, you select RESIDENCIA PERMANENTE and mark the relevant category below that.

There are also circumstances under which you can apply for a permanent residency certificate before completing five years here, and for this you will be required to prove that you've been here for the for the period in question, and that you fit into one of the relevant categories:

a). You are employed or self-employed, having lived here for three years and worked for one year, and are finishing work because you have reached the age set by Spanish law for retirement with the right to a pension.

b). You were employed or self-employed and ceased working due to permanent disability, having lived here for two years. The two years requirement doesn't apply if disability was caused by an accident at work or occupational illness, which results in you being paid, in whole or in part, a state disability pension.

c). You are employed or self-employed, having lived and worked here for three years, and now work in another EU state as a cross-border worker but keep your principal residence here and return at least once a week.

d). Family members who have lived with someone who has died, provided that the deceased had lived here at least two years, or whose death was due to an accident at work or an occupational illness.

LOSING YOUR RIGHT TO RESIDENCY IN SPAIN?

Your continuity of residence is not affected by temporary absences of less than 6 months a year or one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.

You can lose the right to permanent residence if you live outside Spain for more than 2 consecutive years.

CHANGE OF DETAILS

You are obliged to notify the authorities if any of the details used to obtain your residencia change.

Such changes include moving to a new address, changing surname due to marriage, and renewing a passport.

If it's a change of address, ensure you're on the padrón at your new address, as the authorities will carry out an online check.

If it's a change of name, you will need to take your marriage certificate.

If it's a change of passport, you'll need to take your new one (I'd also take the old one if you've got it).

You have to use the EX-18 to notify the change, clicking the MODIFICACIÓN box, and then clicking the relevant box in this section.

I've also found a form on this government website for 'Comunicación al registro central de extranjeros de cambios de situación':

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Modelos_comunicaciones/COMUNICACION-CAMBIO-SITUACION.pdf

This actually looks far too simple to be true - fill it in and post or deliver it. The problem is that your change of details might, if you're lucky, be recorded in the system, but I can't see the authorities sending you a new residencia certificate.

There is also an online way of notifying a change of address if you've got an electronic certificate, and one of the authorities that are notified is DGP - the police, but again I can't see the authorities sending you a new residencia certificate:

https://cambiodomicilio.redsara.es/pcd/

Question to other forum members:

Anyone renewed their UK passport and not reported the change of passport number?

OBTAINING A DUPLICATE CERTIFICATE

There are circumstances when you need to replace a residencia - you've lost it, it's been stolen, or it's become damaged.

If you lose your residencia, even if it's not been stolen, you must go to a Comisaría de Policía (National Police station) and make a denuncia stating you have lost it; and if known stating where and when this happened.

You can make the process easier by filing the denuncia online, then going along to the police station with the reference number that the online system generated, and signing the report. Start here:

https://denuncias.policia.es/OVD/

Although the online system is in English, you should fill in the details you are reporting in Spanish.

You will need to take your original copy of the denuncia with the other paperwork when you go to obtain your duplicate residencia.

If it's damaged, then take that with you.

To be on the safe side, also take a padrón, your passport, SIP card, and proof of finances as in the initial application process, but don't offer them unless prompted.

There isn't a specific section on the EX-18 to request a duplicado, but I suggest clicking the MODIFICACIÓN box, then OTROS, and enter the reason:

Extravío - loss

Deterioro - deterioration or damage

Sustracción - theft


This is so helpful. My Spanish is improving but this step by step guide is just what I need to help me know exactly

what is being asked in each field. Thanks so much 

Stevec61

Stevec61

Helpful member

Sat Aug 25, 2018 11:36am

Posts: 229

Location: Playa Flamenca

127 helpful posts

Posted: Sat Aug 25, 2018 11:36am

jimtaylor wrote:

THE REASON FOR THIS GUIDE

There is so much information on the internet, and on this forum, about residency, that a guide such as this should not be necessary. However, many people keep asking the same old questions, presumably because they either struggle to do an effective search, or don't always understand what they find. In some ways I can sympathise, as many of the articles about residency are out of date, incomplete, or lacking in detailed instructions. Although there is a lot of good information on our forum, it's in numerous threads and, like every forum I've ever known, the search facility isn't as good as it might be.

I decided therefore to produce this guide in an attempt to put all the necessary information in one place. Hopefully this will provide a resource for people who need to know about residency and, in the longer term, save people like Nicola and myself from having to keep answering questions, either on the open forum or by PMs.

I'd point out that it takes a long time to produce a comprehensive guide like this, and I just hope that I haven't been wasting my time. I'll have to wait and see what the responses are and also how many people click the Helpful button. At the worst, I'll use it as a model for the situation post-Brexit.

It's a long guide simply because I wanted to make it as comprehensive as possible. It could get even longer if I get feedback about additional information!

WHAT'S IT ALL ABOUT, ALFIE?

'Residencia' is what most of us call the green paper or card that we receive when we register as residents, and the word residencia does appear in the descriptive text about the subject, but what we actually receive is a certificate of residency. It is only non-EU citizens who receive a card with the word Residencia on it. Be that as it may, I'll continue to call it residencia.

You can stay in Spain for up to three months, and for that all you need is your passport. For stays of more than three months, it is a legal requirement that you register your presence.

You don't have to wait three months before you apply for residencia - you can do it as soon as you make the permanent move out here.

A residencia certificate (CERTIFICADO DE REGISTRO DE CIUDADANO DE LA UNIÓN) is a document certifying that someone from another EU country is legally resident in Spain, and that the person is registered on the Central Register of Foreign Nationals (Registro Central de Extranjeros).

It used to be an A4 piece of green paper, but for some years now it has been issued as a credit card size piece of card. It contains the person's name, date and place of birth, nationality, address, NIE number, and date of issue. It does not have an expiry date.

It cannot be used as proof of identity, but the credit card size of certificate is easier to carry than the A4 NIE document, for occasions when you need to show your NIE number.

Part of the application process is that you have to prove that you will not be a financial burden on the state, by providing proof of an acceptable level of income, and by providing proof of health cover. More on these topics later.

You don't need to have previously obtained an NIE number before applying for residencia - the NIE number can be obtained as part of the residencia process.

ADVANTAGES

In my opinion, the principal advantage is that you are complying with the law, and therefore legally resident. This could well be advantageous post-Brexit.

Most of the material advantages revolve around the fact that if you're resident in Spain, then you pay residents' taxes here. If you're not legally resident, then you're classed as non-resident.

For examples:

Non-residents pay an annual tax based on the value of their property. Residents do not pay this tax.

Non-residents with rental income have to do a quarterly tax return for any rental income they receive. Residents include rental income in their annual tax return. If you pay someone else to do your returns, then a non-resident pays for four returns whilst a resident pays for one. Also, a resident has the advantage of the various tax allowances.

Inheritance tax prior to Brexit is the same for residents and non-residents. Post-Brexit, unless the current law is amended (which may well be the case), inheritors will only receive the national tax allowance, which is very much lower than the regional Valencian allowance.

If a non-resident sells a property in Spain, then the buyer retains 3% of the price and pays this to the tax office. This can be recovered if it's more than the tax due, but it could be a lengthy process.

Post-Brexit, non-EU non-residents who sell a property will pay a higher rate of capital gains tax than do EU citizens.

If a resident sells his principal residence and re-invests the proceeds in another property, then he doesn't pay capital gains tax on the sale of the first property.

There are several other aspects as well, for examples:

A non-resident can potentially have his car impounded if stopped for a traffic offence.

Some municipalities offer benefits to residents

Having a non-resident bank account incurs considerable charges that resident accounts do not have.

RELEVANT LEGISLATION

If you fancy a bit of light reading, the following is some of the legislation related to the subject:

E.U. Directive 2004/38/EC

Real Decreto 240/2007

Real Decreto 557/2011

Ley 6/2018

Orden PRE/1490/2012

Where I provide quotes from the legislation in subsequent sections, these are my translations.

DOCUMENTS REQUIRED

Application form:

The application form is the EX-18. Post-Brexit it will probably be EX-17, but that will be a separate topic when the time comes.

There are a great many links to the EX-18 on the internet, and even active links to the old EX-16, which became redundant some years ago. Some of the links to the EX-18 are for old formats. The links to the current format are:

Immigration office:

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/18-Certificado_Residencia_comunitaria.pdf

National police station:

https://sede.policia.gob.es/portalCiudadano/extranjeria/EX18.pdf

Irrespective of which link you follow, both give the same form. This is an editable PDF. It can be completed online then downloaded or printed, or it can be downloaded as is and then completed in your PDF reader.

You need to take two completed copies.

See later for completion instructions.

Passport:

Valid passport and copy.

If it has expired and you've sent it back to the UK for renewal, a copy of both the passport and the renewal application must be provided.

NIE?:

There isn't any requirement to provide an NIE. However, as the various offices that issue residencias seem to operate to their own rules, then I suggest that you take your NIE if you've got one, just in case.

Padrón?:

As above, there isn't any requirement to provide a copy of your padrón but, again, you could take one just to prove your address. Alternatively, you could take your escritura, a nota simple or a long-term rental contract. If your town hall won't let you register on the padrón because you don't have residencia, ask if they'd issue you with a temporary one if you return with a copy of the appointment you will be making for your residencia application.

Photograph?:

This definitely is not required.

Other requirements:

Other things you need to produce all depend on what category of applicant you are. These are detailed in the following sections.

Students:

A student has the right to live in Spain whilst studying or undergoing professional training, for the duration of this, provided he/she produces documentary proofs of:

a). Enrolment in a  education institution (state or private) that is either funded or recognised by the Spanish education authorities.

b). Having public or private health insurance, contracted either in Spain or in another country, that provides complete cover in Spain.

The law states:

However, this condition will be deemed to be met if the student has a European Health Insurance Card that is valid for a period that covers the entire period of residence and that allows him to receive, exclusively, any medical assistance that is necessary from a medical point of view, taking into account the nature of the assistance and the envisaged duration.

I find this somewhat strange - it implies that the law considers anyone young enough to be a student to be healthy enough to only require cover for emergency treatment.

c). Provision of a sworn statement that of having sufficient financial resources for oneself and any family members, so there is no risk of becoming a burden on Spain’s social security system during the period of residence.

Compliance with this requirement is considered to be met by producing proof of taking part in a EU educational exchange programme for students and teachers.

Note:

You could lose your right to residency if you complete your studies and are unable to prove you are working or have sufficient financial resources to support yourself, and family members if applicable.

Employed:

By employed, I mean legally employed with a contract and paying social security contributions.

You need to produce, from your employer, a contract or certificate of employment (certificado de vida laboral) for a minimum of six months, to prove that you are employed here. The contract must include, at least, the name and address of the company, and its tax code and social security contribution code.

If you are not yet working, you will need proof of a job offer that has been registered with the Ministry of Labour (Servicio Público de Empleo).

You may need to consent to checks being carried out about you with Social Security contribution records (Ficheros de la Tesorería General de la Seguridad Social), to prove that you are paying Social Security contributions.

Self-employed:

By self-employed, I mean paying social security contributions and being registered with the relevant authorities.

You must provide evidence that you are self-employed (Autónomo) by providing one of the following:

a). Registration on the Economic Activities list (Censo de Actividades Económicos).

b). Proof that your business is in the Companies Register (Registro Mercantil).

c). Proof of registration with the Social Security system.

d). Giving consent to your details being checked in the Social Security General Treasury records (Ficheros de la Tesorería General de la Seguridad Social) or those of the Tax Agency (Agencia Tributaria).

Jobseeker:

I'm including this as a separate category because jobseekers seem to be treated differently under EU rules. However, I've been unable to find any mention of different treatment for jobseekers in Spanish legislation.

The EU view seems to be that a jobseeker can stay in another EU state for six months without having to register as a resident and without having to prove that you can support yourself financially.

After six months without finding a job, the authorities could re-assess your entitlement to stay in the country, and you'd need to provide proof that you're actively seeking work and, moreover, have a reasonable chance of finding a job.

As you've not been paying into the social security system, you do not have any entitlement to non-contributory benefits.

Bear in mind that I can't find the above information in Spanish legislation, so it appears that jobseekers should be grouped within the category of people not working in Spain.

Not working in Spain:

This category includes pensioners and those who have retired early. You need to provide two things:

1). Proof of health cover:

The law states:

You must also provide public or private health insurance, contracted in Spain or in another country, that provides coverage in Spain during your period of residence equivalent to that provided by the National Health System.

If you're in receipt of the UK state retirement pension, or an 'exportable benefit' like Disability Living Allowance, you need to get from DWP at Newcastle a form S1, which enables you to transfer your health cover from the UK to Spain.

If anyone has a problem with their S1 being accepted, refer the clerk to the following government website:

http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html

where it states:

Los pensionistas cumplen con esta condición aportando certificación de disponer de asistencia sanitaria con cargo al Estado por el que perciben pensión.

Nota importante: cuando se aporten documentos de otros países deberán estar traducidos al castellano o lengua cooficial del territorio donde se presente la solicitud.

Cuando se trate de formularios estándares de la Unión Europea no será necesaria ni su traducción, ni su legalización de conformidad con lo dispuesto en la normativa comunitaria que los ampara. Por ejemplo: modelos de asistencia sanitaria S1, E109, E 121...

This is a very clear statement that an S1 is acceptable, and that it does not need translating.

If you're not entitled to an S1, you need to have private health insurance, contracted in Spain or in another country, that provides full cover in Spain, equivalent to that provided by the Spanish National Health System (Sistema Nacional de Salud).

The emphasis is on full cover, i.e, it must cover pre-existing conditions, cover unlimited hospital stays, and not be subject to co-payments.

To avoid people taking out such a policy and then cancelling it after obtaining residencia, you need to provide proof that you have paid for twelve months cover.

The insurance company should provide a certificate confirming that the policy meets residencia requirements and has been paid for one year, and you should present this certificate and not the actual policy - but take the policy with you just in case.

2). Proof of finances:

What you need to do is to prove that you have sufficient resources (including for family member(s) if applicable) that you're not going to become a financial burden on the Spanish social services.

To quote from Orden PRE/1490/2012:

Accreditation of the possession of sufficient resources, whether by periodic income, including work or other income, or by the possession of an estate, shall be carried out by any means of proof admitted by law, such as property titles, certified checks , documentation justifying obtaining capital income or credit cards. In this latter case, an up to date bank certificate proving the amount available by way of credit on the aforesaid card shall be produced.

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

The assessment of sufficient resources must be carried out on an individual basis, taking into account the applicant’s personal and family circumstances. The possession of resources that are more than the amount established each year by the State General Budgets Act (Ley de Presupuestos Generales de Estado) that justifies the right to receive non-contributory benefits, taking into account the interested persons’ personal and family circumstances, will be regarded as sufficient proof to meet this requirement.

To simplify the above, you need to prove that you have a regular income or own a capital asset. Acceptable income can be from a pension, salary, income from capital, property rental etc. Unfortunately, the legislation does not specify the period for which you need to prove the regular income. If you own a property in the UK, then in theory it should be sufficient to produce the deeds, although these would need to be translated and bear the Hague Apostille, and the same would apply to bonds or shares etc. Documents can also be legalised beforehand by the Spanish Consular Office in the UK or by the Ministerio de Asuntos Exteriores y de Cooperación.

Some offices might accept proof of ownership of such an asset instead of proof of a regular income, and others might want proof of both bank balance and income. I disagree that you should be asked to prove a bank balance, but you'd have to be a brave person to start arguing the toss over this with whoever processes your application!

Some offices may accept a current bank balance in excess of €6,000, whereas others might be satisfied with statements showing consecutive monthly deposits of €600; and some might be satisfied with evidence of three monthly deposits, whereas others might want to see six monthly deposits. It's best to go prepared with as much evidence as you can gather.

The obvious way to prove proof of income is to provide bank statements. You could also ask your bank if they will provide a 'certificado bancario' stating that you have a regular income with them. I think it would also be wise to have to hand - but not produce unless challenged - a document proving that it is a regular income - like DWP's notice regarding the annual increase in your pension.

The reference above to the “Ley de Presupuestos Generales de Estado” is important, as it is this law which defines the amount of income that yours must exceed. There is a new law published every year, and that published in 2018 (Ley 6/2018) with the figures for 2018 states that for an individual, the amount is €5178,60 p.a., which is €431.55 p.m. This is well below the amount that immigration and police offices require, and I think they may be using another indicator in the law, known as the IPREM (Indicador Público de Renta de Efectos Múltiples), which is €6454.03 p.a. or €537.84 p.m.

I can well understand the authorities rounding this up to €600 for the purposes of residencia, to ensure that a person's income doesn't dip below the benefit threshold due exchange rate fluctuations.

If there are two or more of you applying as a family unit, and you don't all individually have income exceeding the minimum, then it gets a bit more complicated, as it depends on the relationship between you.

If you live only with your spouse and/or second-degree blood relatives (brother-sister, grandchild or grandparent), then the amounts are:

Two people: €8,803.62

Three people: €12,428.64

Four people: €16,053.66

Five people: €19,678.68

If among the blood relatives with whom you live, there is one of first-degree (parents or children), then the official amounts are:

Two people: €22,009.05

Three people: €31,071.60

Four people: €40,134.15

Five people: €49,196.70

The above figures are those specified by social services but, to me, seem ridiculously high in the context of qualifying for residencia. I am of the opinion that the qualifying amounts will be simple multiples of the IPREM referred to above.

If you apply as a couple, and your spouse on their own doesn't meet the residencia requirements because their income is below that required, and so makes her application as a family member (see later), and your combined income meets the requirements for two people, then it might be helpful to take your marriage certificate, and produce this if challenged.

As a final note to this topic, post-Brexit anyone applying for an identity card (TIE) will have to show resources of four times the IPREM referred to above, i.e. €2151.36 p.m. If some form of agreement isn't reached about this requirement, then very few people will be able to come and legally live in Spain.

Children:

I can't find anything specific about this in the legislation, so the following is just a guess regarding the requirements. If anyone has done it, I'd welcome feedback.

Passport of both child and applicant parent.

Parent's residency certificate.

Marriage certificate.

Child's birth certificate - probably with an official translation if not born in Spain.

Libro de Familia if born in Spain.

You may need to provide a sworn statement (declaracion jurada) to attest to the family relationship.

Family members:

In this section, I am looking at family members who are unable to apply for residencia in their own right - for example, their income may not be sufficient to meet the requirements. In that sense, this section deals with those who can be regarded as dependants.

This is potentially a very large topic, as there are so many possible permutations, but I'm only going to cover the most common situations.

EU spouse or partner and other direct family members:

Your own residency certificate.

Proof of the applicant's family relationship with you, e.g. a marriage or birth certificate.

Proof that children or grandchildren are under 21 or dependent on you.

Proof that parents or grandparents are dependent on you.

Proof if they are seriously ill and need you to take care of them personally.

Proof you have sufficient means to support all the members of your family who are with you, including full medical cover.

If you're not married, you may need a 'certificado de convivencia' from the town hall (it's like a padrón). You need to prove stable cohabitation of at least one year unless you have children, in which case this is taken as providing the necessary proof.

If your family member is not an EU citizen, then they need to apply for a 'tarjeta de residencia de familiar de ciudadano de la UE', and for this the application form is Modelo EX19. It's a different procedure resulting in the issue of a plastic card bearing a photograph and thumb-print.

Death:

The death of a spouse will not immediately affect the right of residence of family members. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

Divorce or separation:

In the event of divorce or legal separation, the family member retains the right to residency provided the couple have been legally resident for at least three years. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

COMPLETING THE APPLICATION FORM

As I said earlier, the application form is an editable PDF, so you can fill it out online or in your PDF reader. If you decide to print it as is and complete it by hand, you must use black ink and capital letters.

I'm simply listing what goes in each field:

1) DATOS DEL SOLICITANTE

This section is about you, the applicant.

PASAPORTE - enter your passport number.

N.I.E. - enter the number if you've got an NIE.

1er Apellido - enter your surname.

2º Apellido - leave blank, or put a long dash in it, unless you've got two surnames.

Nombre - enter your Christian name(s).

Sexo - mark as appropriate - H for male (hombre), M for female (mujer). Don't make the mistake a friend made - he thought M was masculino (male) and H was hembra (female), so he put himself down as M. It apparently caused a bit of levity at Orihuela police station!

Fecha de nacimiento - enter your date of birth in the format dd/mm/yyyy.

Lugar - enter the name of the town where you were born.

Nacionalidad - enter your nationality - BRITÁNICO for a man, BRITÁNICA for a woman.

Estado civil - mark to indicate if single (S), married (C), widowed (V), divorced (D), separated (Sp).

Nombre del padre - enter your father's Christian name(s).

Nombre de la madre - enter your mother's Christian name(s).

Domicilio en España - enter your street name, and suburb etc if appropriate.

Nº - enter your house number.

Piso - enter your flat number if appropriate; otherwise leave blank.

Localidad - enter the name of the town relating to your address.

C.P. - enter your post code.

Provincia - enter the name of your province.

Teléfono móvil - enter your telephone number. If it's a UK mobile number, prefix it with 0044.

E-mail - enter your email address.

Representante legal, en su caso - leave blank unless, for example, acting on behalf of a child, in which case you enter  your own name, or if you're unable to attend for a valid reason then enter the name of your representative.

DNI/NIE/PAS - if the representative is a Spaniard, enter their DNI number or PAS, which, I think, is the number which appears on a Spanish power of attorney. Otherwise enter the representative's NIE.

2) DATOS DEL REPRESENTANTE A EFECTOS DE PRESENTACIÓN DE LA SOLICITUD

This section can be left blank unless you've appointed a representative, or are acting as a guardian, in which case it has to be completed. The only field that is different from those described above is the one for Nombre/Razón Social where, if applicable, Razón Social asks for the name of the company to whom you've granted POA.

Note that the regulations state that you must apply in person, and I assume that this section is for cases where that is impossible e.g. due to illness. I've not been able to confirm whether granting power of attorney to a representative is sufficient, or whether you would also need a statement from your doctor. The other example, as I've indicated above, is if you're acting as a guardian for a minor.

3) DOMICILIO A EFECTOS DE NOTIFICACIONES

This section asks for details about where any notifications should be sent. The only notification you're ever likely to receive is to tell you that your certificate is ready for collection. However, you should complete it. All the fields have already been described above.

CONSIENTO que las comunicaciones y notificaciones se realicen por medios electrónicos

Simply put an x in the box beside this to confirm that you agree to receive notifications by e-mail.

Nombre y apellidos del titular

Just enter your full name.

4) SITUACIÓN EN ESPAÑA

PERÍODO PREVISTO DE RESIDENCIA EN ESPAÑA - in most cases you can just enter PERMANENTE, unless you're staying more than three months but less than six months, in which case enter the duration of your stay.

FECHA DE INICIO DE LA RESIDENCIA EN ESPAÑA - enter the date you took up residence in the format dd/mm/aaaa.

Nº DE FAMILIARES QUE ACOMPAÑAN O SE REÚNEN CON EL SOLICITANTE EN ESPAÑA - this is to enter the quantity of any family members who are applying with you.

RESIDENCIA TEMPORAL - mark the appropriate section:

Trabajador por cuenta ajena - employee.

Trabajador por cuenta propia - self-employed.

No activo con recursos suficientes y seguro de enfermedad - not working in Spain.

Estudiante con recursos suficientes y seguro de enfermedad - student.

Nacional UE/EEE/Suiza, familiar de otro nacional incluido en los apartados anteriores - family member.

DNI/NIE/PAS del ciudadano UE/EEE/Suiza que da derecho - leave blank unless the application is as a family member, then they must enter the NIE number of the person on whom they are dependent.

Vínculo con el ciudadano UE/EEE/Suiza que da derecho - the family member must specify their relationship to the person whose NIE number they have entered above, e.g. esposa, madre, hija, etc.

Las personas abajo firmantes…..

Mark this section if you're in one of the categories that requires you to have private health insurance.

Las personas abajo firmantes…..

Mark this section to confirm your agreement that they can carry out online checks about you.

NO CONSIENTO.....

Marking this box would be stating that you don't agree to them confirming your identity electronically, so leave it alone. If you don't agree to them checking your identity electronically, you'll just be creating problems for yourself, as they would then ask for other documentation.

Place and date fields

The first field is where you stipulate a place, and I suggest you use the name of the town where you are making the application.

The second is for the numeric day of the month.

The third is the month (remember that this needs to be in Spanish, and that it isn't capitalised).

The last is for the year.

For example, the final result could be:

Orihuela, a 27 de agosto de 2018

FIRMA DEL CIUDADANO DE LA UNIÓN (familiar del solicitante)

This is where a family member signs the form. If not applicable, leave blank.

FIRMA DEL SOLICITANTE (o representante legal, en su caso)

This is where you or an appointed representative signs the form. If the form has been completed on behalf of a minor, then this is where the guardian signs.

DIRIGIDA A

This is where you enter the name of the place where you are submitting the application, for example Dirección General de la Policia.

Código DIR3

This is an alpha-numeric identification for the office at which you are applying. Leave it blank, and let the person handling your application fill it in.

PROVINCIA

This is the name of the province in which the office you apply to is situated, for example Alicante.

Nombre y apellidos del titular

Just enter your full name.

ANEXO I

I haven't found an example of how to complete the annexes. If anyone can provide a link for such an example, then I'll revise these instructions.

Anexo I is for listing documents for which verification or consultation is authorised by yourself. However, ÓRGANO and ADMINISTRACIÓN in this context mean authority or government authority, so only enter details of any such documents you are providing. I assume that the supporting documents required by persons working or studying here will fit in this category but, for example, proof of health insurance will not.

ANEXO II

Anexo II is for listing documents you do not authorise them to verify, and I recommend that you leave this blank

WHERE DO YOU GO?

You can apply at the nearest Oficina de Extranjería (foreigners’ department) in your province, or at a National Police Station (Comisaría de Policía).

Foreigners' offices:

You can find all the offices on this link:

http://www.seat.mpr.gob.es/es/portal/servicios/extranjeria/extranjeria_ddgg.html

For Alicante province, there are offices in Alicante & Altea:

Oficina de Extranjería en Alicante

Calle Ebanistería, (Polígono de Babel), 4 y 6

Alicante

Oficina de Extranjería en Altea

Calle San Isidro Labrador, 1

03590 - Altea

The following two links details which municipalities are covered by each office - make sure you go to the correct one.

http://www.consultor.com/oue/terminosAlicante.html

http://www.consultor.com/oue/terminosAltea.html

National police stations:

The following is the website to use to find all the offices:

https://www.policia.es/documentacion/oficinas/oficinas_extran.html

Note that some of the offices listed do not transact residencia applications. The following are those that do.

Alcoy:

Comisaría del Cuerpo Nacional de Policía de Alcoy

C/ Perú, 10.

Benidorm:

Comisaría del Cuerpo Nacional de Policía de Benidorm

C/ Apolo XI, 36.

Dénia:

Comisaría del Cuerpo Nacional de Policía de Dénia

C/ Castell d´Olimbroi, 5.

Elche:

Comisaría del Cuerpo Nacional de Policía de Elche

C/ Abeto, 1 (Carrer l'Avet, 1)

Elda:

Comisaría del Cuerpo Nacional de Policía de Elda-Petrer

C/ Lamberto Amat, 26.

Orihuela:

Comisaría del Cuerpo Nacional de Policía de Orihuela

C/ Sol, 34.

Torrevieja:

Comisaría del Cuerpo Nacional de Policía de Torrevieja

Oficina de Documentación de Españoles y Extranjeros

C/ Arquitecto Larramendi, 3.

Playa Flamenca:

Ayuntamiento de Orihuela Costa (Oficina del Comisaría de Policía de Orihuela Costa)

Plaza del Oriol, 1.

Teulada:

Ayuntamiento de Teulada (Oficina del Cuerpo Nacional de Policía).

Av. de Santa Caterina, 2.

PAYMENT OF THE FEE

The payment form is Modelo 790.

If you go to a national police station or foreigners' office without having pre-paid the fee, they might (but might not!) provide you with the payment form, which you then have to complete, take to a bank and pay the fee, and then go back and try again. It's just not worth the hassle - pre-pay the fee in advance and take the receipted 790 with the rest of the application paperwork.

There are actually two versions of the 790 relevant to residencia. These are '790 Tasa 052' and '790 Código 012'.

790 Tasa 052 is to be used if you are applying at a foreigners' office.

790 Código 012 is to be used if you are applying at a national police station.

NB: Make sure you use the correct one!

790 Tasa 052:

1). You can only do this online if you have an electronic certificate. If you do, this is the starting point (I've opted for the English version):

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on PAY AND SEND THE PAYMENT FORM FOR FEE 052 VIA INTERNET.

If you get a pop-up, just click OK.

On the next (confusing) page, click on Acceso con [email protected]

On the left-hand side of the next page, in the box for eIdentifier, click Access.

Select your electronic certificate and click OK.

On the next page, click your province on the map, and click OK on the pop-up.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Enter the full IBAN number for your bank account, then click on REALIZAR PAGO.

(You can also pay by credit or debit card).

Make sure you print two copies of the receipted 790.

2). If you haven't got an electronic certificate, you can only use this procedure if you've already got an NIE number, as this is one of the mandatory fields that must be completed, and you can't download a blank form.

Go to:

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on COMPLETE AND PRINT THE PAYMENT FORM FOR FEE 052.

On the next page, click your province on the map, and click OK on the pop-up.

Enter your details in the IDENTIFICATION section.

In the Nationality window, you need to select REINO UNIDO from the drop-down list.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Then go to the bottom section of the form.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Under PAYMENT you need to select one of two options - cash or by transfer from your bank account.

If you select the latter, you need to enter the full IBAN for your bank account.

Then click on Obtain Document.

This downloads the 790 as a PDF.

Print the first three pages - you don't need the last one.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

NB: Don't solicit residencia at a foreigners' office if you haven't got either an NIE or electronic certificate, unless you want to pay a prior visit and ask for a hard-copy of the form.

790 Código 012:

Go to (there isn't an English version):

https://sede.policia.gob.es:38089/Tasa790_012/ImpresoRellenar

In the N.I.F./N.I.E. field, enter your NIE number if you've got one; otherwise enter your passport number.

In the Apellidos y nombre o razón social field, put your surname, a comma, then your first name(s).

In the Tipo de vía field, put what type of road you live on - calle etc.

In the Nombre de la vía pública field, put the name of the road you live on, less what you've done above.

In the Núm. Field, put your house number or apartment block number.

If you live in a flat, put your flat number in the Piso field.

The Teléfono field isn't mandatory, but if you don't enter your telephone number, you'll later be recommended to do so.

In the Municipio field, enter the name of the town where you live - you can enter more than one word, for example Mudamiento, Orihuela.

In the Provincia field, enter the name of the province where you live.

In the Código Postal field, enter your post code.

In the section for Tarjetas de identidad de extranjeros (TIE) y certificados de registro de residentes comunitarios,

click the box at the right of .Certificado de registro de residente comunitario…

The amount of the fee (€12.00) appears in the Ingreso section at the bottom.

In Localidad, enter the name of your home town.

Under Forma de pago you need to select one of two options.

En efectivo means that you are going to pay in cash.

E.C. Adeudo en cuenta means you want payment to be from your bank account, in which case you need to enter the full IBAN for your bank account in the Código IBAN de la cuenta field.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Then click on Descargar impreso rellenado.

This doesn't actually do a download, but instead opens a PDF of the completed form.

Right-click on this to save it, or just print it without saving.

You don't need to print the last page.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

Final note:

There's a strange anomaly that only appeared recently about going to a foreigners' office or a police station. The foreigner's office fee is €10.82, whereas the police fee is €12.

(When we got our residencias in 2006, the fee was €6.70).

APPOINTMENT

A prior appointment is necessary. Ensure this is in the name of the person applying. It used to be the case that solicitors, gestors etc, would make block bookings in the hope they'd be able to fill those slots. When they didn't, they simply didn't turn up, which wasted police time, so many police stations are now insisting that appointments be in the name of the applicant. That obviously stops anyone from booking slots in advance.

If there are two or more of you, you need to make a separate appointment for each person.

You need to take a copy of the appointment you have made.

For Alicante, Benidorm, Denia, Elche, Elda, Orihuela, Playa Flamenca and Torrevieja, you can make an appointment online. Start here:

https://sede.administracionespublicas.gob.es/icpplus/

The website can be a bit creaky, so don't be surprised if you have to load it several times, or try at different times of the day.

In the blue Seleccionar box, click the drop-down arrow and select e.g. Alicante, then click Aceptar.

Click the blue box by TRÁMITES DISPONIBLES PARA LA PROVINCIA SELECCIONADA and select POLICIA-CERTIFICADOS UE, then click Aceptar.

On the next page click ENTRAR.

You then have the option of identifying yourself by NIE number or passport, and also need to enter your name. You are warned that the name you enter must be identical to that shown on your NIE or passport, and that if you enter your NIE number, then you must do so without hyphens.

Click on the box in the CAPTCHA and click Aceptar.

On the next page click Solicitar Cita.

Click in the blue box and select which office you want to go to, then click Siguiente.

Enter your telephone number, then enter your email address in the other two boxes. This will be used to send you confirmation of the appointment if you want this. You are warned that there is a problem with hotmail addresses. Then click on Siguiente.

You are then shown the next available appointment(s). If one is OK for you, click on that so it turns red, then click on Siguiente.

In the pop-up box, click OK.

Put a tick in the box beside Estoy conforme..., and if you want to receive email confirmation, tick the box beside Deseo recibir...

To finalise the appointment, click on Confirmar.

Click on "Imprimir" to print the appointment.

As a side note, I checked how long one has to wait to get an appointment, and this varied between eight and ten weeks, with the exception of Torrevieja, which was five weeks.

For Alcoy, Altea and Teulada, I'm unable to find an online way of making an appointment. It therefore appears that you will have to make an initial visit to the office in question in order to make an appointment.

BEFORE YOU GO

It might help to reduce the stress on your appointment day if you make a prior visit to the office in question. You'll then be able to find out where to park, how long it will take from parking to arriving at the office, and what the set-up is there; for examples, whether there is a desk where you show your appointment or a machine in which you enter your details, where is the monitor which tells you when it's your turn, and are the desks you have to go to clearly numbered. Also, if the office is one for which you cannot make an appointment on line, you can ask if you can make an appointment whilst you're there, ask when the quietest time is, see if there's a machine from which to take a deli ticket (turno), etc.

Parking near Elche police station can be difficult, whereas at Orihuela it's easy to park at the Ociopia shopping centre and walk over the bridge.

DOING THE DEED

I recommend that you take someone with you who speaks Spanish. Procedures vary between the various offices and even between individuals in an office.

What happens when you get to your chosen location depends on where you're going, but make sure you've got your appointment on top of the pile of papers you're clutching.

You will probably need to see someone on reception, and to take or be issued with a turno (deli ticket).

When it's your turn, just smile nicely, apologise for your poor Spanish, and pass the pile of papers across the desk - you'll have time to bite your finger-nails while you're waiting!

It might help to keep a document back. If the official then says you're missing something, ask him if that's the only thing that's missing, and then produce it. That way he will have no excuse to complain that the application is incomplete.

All being well you may be given a residencia certificate on the spot, or you may be given a resguardo (receipt) and asked to return within the next few days.

If your application is not accepted for some reason, you have ten days in which to return and re-submit the application. If you do not do that within ten days, then your application is considered to have been withdrawn, and you'll have to start all over again.

ONCE YOU'VE GOT YOUR RESIDENCY CERTIFICATE

The first thing you must do is make one or more copies. You could also if you wish get a certified copy (compulsado) at a notary, or possibly at a national police station or town hall. I suggest that if you want to carry the certificate in your wallet, then make a good quality colour copy and laminate that.

If you haven't already got a padrón, then go and do so.

Change your non-resident bank account into resident account (lower charges).

Be aware that as a resident in Spain, you are only entitled to an EHIC (strictly speaking it is for residents here an EHIC-E) if you've got an S1 or are a student.

DOES IT NEED RENEWAL?

No! It's for life, unless you leave Spain for an extended period, or unless your details change.

If you've got the old-style A4 certificate, then you can voluntarily change it for the credit-card size, but with Brexit looming, there's no point in doing this.

On the subject of Brexit, after which we'll need a different type of residencia, then that will need renewing every five years.

PERMANENT RESIDENCY CERTIFICATE

After five years of legal residence, you can apply for a certificate of permanent residence of an EU citizen. This means that you will be issued with a new certificate with the word Permanente on it. However, in my opinion, there is no point in doing so, as after five years of legal residency, you will automatically have the right of permanent residence (as a citizen of the EU), and don't need your residency certificate to state this. Post-Brexit, such a certificate would have no more worth than a certificate without the word Permanente on it.

If, however, you wish to do this, no documentation should be required regarding health cover or finances, as you have lived in Spain for a continuous period of five years, and this can be verified by the authorities. You'd just need an EX-18, passport, payment of the fee, and prior appointment. On the EX-18, you select RESIDENCIA PERMANENTE and mark the relevant category below that.

There are also circumstances under which you can apply for a permanent residency certificate before completing five years here, and for this you will be required to prove that you've been here for the for the period in question, and that you fit into one of the relevant categories:

a). You are employed or self-employed, having lived here for three years and worked for one year, and are finishing work because you have reached the age set by Spanish law for retirement with the right to a pension.

b). You were employed or self-employed and ceased working due to permanent disability, having lived here for two years. The two years requirement doesn't apply if disability was caused by an accident at work or occupational illness, which results in you being paid, in whole or in part, a state disability pension.

c). You are employed or self-employed, having lived and worked here for three years, and now work in another EU state as a cross-border worker but keep your principal residence here and return at least once a week.

d). Family members who have lived with someone who has died, provided that the deceased had lived here at least two years, or whose death was due to an accident at work or an occupational illness.

LOSING YOUR RIGHT TO RESIDENCY IN SPAIN?

Your continuity of residence is not affected by temporary absences of less than 6 months a year or one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.

You can lose the right to permanent residence if you live outside Spain for more than 2 consecutive years.

CHANGE OF DETAILS

You are obliged to notify the authorities if any of the details used to obtain your residencia change.

Such changes include moving to a new address, changing surname due to marriage, and renewing a passport.

If it's a change of address, ensure you're on the padrón at your new address, as the authorities will carry out an online check.

If it's a change of name, you will need to take your marriage certificate.

If it's a change of passport, you'll need to take your new one (I'd also take the old one if you've got it).

You have to use the EX-18 to notify the change, clicking the MODIFICACIÓN box, and then clicking the relevant box in this section.

I've also found a form on this government website for 'Comunicación al registro central de extranjeros de cambios de situación':

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Modelos_comunicaciones/COMUNICACION-CAMBIO-SITUACION.pdf

This actually looks far too simple to be true - fill it in and post or deliver it. The problem is that your change of details might, if you're lucky, be recorded in the system, but I can't see the authorities sending you a new residencia certificate.

There is also an online way of notifying a change of address if you've got an electronic certificate, and one of the authorities that are notified is DGP - the police, but again I can't see the authorities sending you a new residencia certificate:

https://cambiodomicilio.redsara.es/pcd/

Question to other forum members:

Anyone renewed their UK passport and not reported the change of passport number?

OBTAINING A DUPLICATE CERTIFICATE

There are circumstances when you need to replace a residencia - you've lost it, it's been stolen, or it's become damaged.

If you lose your residencia, even if it's not been stolen, you must go to a Comisaría de Policía (National Police station) and make a denuncia stating you have lost it; and if known stating where and when this happened.

You can make the process easier by filing the denuncia online, then going along to the police station with the reference number that the online system generated, and signing the report. Start here:

https://denuncias.policia.es/OVD/

Although the online system is in English, you should fill in the details you are reporting in Spanish.

You will need to take your original copy of the denuncia with the other paperwork when you go to obtain your duplicate residencia.

If it's damaged, then take that with you.

To be on the safe side, also take a padrón, your passport, SIP card, and proof of finances as in the initial application process, but don't offer them unless prompted.

There isn't a specific section on the EX-18 to request a duplicado, but I suggest clicking the MODIFICACIÓN box, then OTROS, and enter the reason:

Extravío - loss

Deterioro - deterioration or damage

Sustracción - theft


Thanks Jim, this is an outstanding and informative guide, I dread to think how long it took you to put it together - it is very much appreciated by myself and no doubt many others too

Myself and Sue are currently non-residents with a holiday home in Playa Flamenca which we get out to about 6 times per year. We are approaching retirement age and are seriously contemplating to move out for good, which will eventually require Residencia, and your guide seems to cover any and every question we have. Post brexit things will probably be changing, but as nobody knows exactly what, it’s going to be wait & see, but I’m thinking there may be minimal changes to the process, hopefully which will be manageable to all

Thanks again Jim, look forward to any future posts or guides from you, Steve

lindahelen

Sat Aug 25, 2018 2:01pm

Posts: 1

Location: Torrevieja

Posted: Sat Aug 25, 2018 2:01pm

jimtaylor wrote:

THE REASON FOR THIS GUIDE

There is so much information on the internet, and on this forum, about residency, that a guide such as this should not be necessary. However, many people keep asking the same old questions, presumably because they either struggle to do an effective search, or don't always understand what they find. In some ways I can sympathise, as many of the articles about residency are out of date, incomplete, or lacking in detailed instructions. Although there is a lot of good information on our forum, it's in numerous threads and, like every forum I've ever known, the search facility isn't as good as it might be.

I decided therefore to produce this guide in an attempt to put all the necessary information in one place. Hopefully this will provide a resource for people who need to know about residency and, in the longer term, save people like Nicola and myself from having to keep answering questions, either on the open forum or by PMs.

I'd point out that it takes a long time to produce a comprehensive guide like this, and I just hope that I haven't been wasting my time. I'll have to wait and see what the responses are and also how many people click the Helpful button. At the worst, I'll use it as a model for the situation post-Brexit.

It's a long guide simply because I wanted to make it as comprehensive as possible. It could get even longer if I get feedback about additional information!

WHAT'S IT ALL ABOUT, ALFIE?

'Residencia' is what most of us call the green paper or card that we receive when we register as residents, and the word residencia does appear in the descriptive text about the subject, but what we actually receive is a certificate of residency. It is only non-EU citizens who receive a card with the word Residencia on it. Be that as it may, I'll continue to call it residencia.

You can stay in Spain for up to three months, and for that all you need is your passport. For stays of more than three months, it is a legal requirement that you register your presence.

You don't have to wait three months before you apply for residencia - you can do it as soon as you make the permanent move out here.

A residencia certificate (CERTIFICADO DE REGISTRO DE CIUDADANO DE LA UNIÓN) is a document certifying that someone from another EU country is legally resident in Spain, and that the person is registered on the Central Register of Foreign Nationals (Registro Central de Extranjeros).

It used to be an A4 piece of green paper, but for some years now it has been issued as a credit card size piece of card. It contains the person's name, date and place of birth, nationality, address, NIE number, and date of issue. It does not have an expiry date.

It cannot be used as proof of identity, but the credit card size of certificate is easier to carry than the A4 NIE document, for occasions when you need to show your NIE number.

Part of the application process is that you have to prove that you will not be a financial burden on the state, by providing proof of an acceptable level of income, and by providing proof of health cover. More on these topics later.

You don't need to have previously obtained an NIE number before applying for residencia - the NIE number can be obtained as part of the residencia process.

ADVANTAGES

In my opinion, the principal advantage is that you are complying with the law, and therefore legally resident. This could well be advantageous post-Brexit.

Most of the material advantages revolve around the fact that if you're resident in Spain, then you pay residents' taxes here. If you're not legally resident, then you're classed as non-resident.

For examples:

Non-residents pay an annual tax based on the value of their property. Residents do not pay this tax.

Non-residents with rental income have to do a quarterly tax return for any rental income they receive. Residents include rental income in their annual tax return. If you pay someone else to do your returns, then a non-resident pays for four returns whilst a resident pays for one. Also, a resident has the advantage of the various tax allowances.

Inheritance tax prior to Brexit is the same for residents and non-residents. Post-Brexit, unless the current law is amended (which may well be the case), inheritors will only receive the national tax allowance, which is very much lower than the regional Valencian allowance.

If a non-resident sells a property in Spain, then the buyer retains 3% of the price and pays this to the tax office. This can be recovered if it's more than the tax due, but it could be a lengthy process.

Post-Brexit, non-EU non-residents who sell a property will pay a higher rate of capital gains tax than do EU citizens.

If a resident sells his principal residence and re-invests the proceeds in another property, then he doesn't pay capital gains tax on the sale of the first property.

There are several other aspects as well, for examples:

A non-resident can potentially have his car impounded if stopped for a traffic offence.

Some municipalities offer benefits to residents

Having a non-resident bank account incurs considerable charges that resident accounts do not have.

RELEVANT LEGISLATION

If you fancy a bit of light reading, the following is some of the legislation related to the subject:

E.U. Directive 2004/38/EC

Real Decreto 240/2007

Real Decreto 557/2011

Ley 6/2018

Orden PRE/1490/2012

Where I provide quotes from the legislation in subsequent sections, these are my translations.

DOCUMENTS REQUIRED

Application form:

The application form is the EX-18. Post-Brexit it will probably be EX-17, but that will be a separate topic when the time comes.

There are a great many links to the EX-18 on the internet, and even active links to the old EX-16, which became redundant some years ago. Some of the links to the EX-18 are for old formats. The links to the current format are:

Immigration office:

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/18-Certificado_Residencia_comunitaria.pdf

National police station:

https://sede.policia.gob.es/portalCiudadano/extranjeria/EX18.pdf

Irrespective of which link you follow, both give the same form. This is an editable PDF. It can be completed online then downloaded or printed, or it can be downloaded as is and then completed in your PDF reader.

You need to take two completed copies.

See later for completion instructions.

Passport:

Valid passport and copy.

If it has expired and you've sent it back to the UK for renewal, a copy of both the passport and the renewal application must be provided.

NIE?:

There isn't any requirement to provide an NIE. However, as the various offices that issue residencias seem to operate to their own rules, then I suggest that you take your NIE if you've got one, just in case.

Padrón?:

As above, there isn't any requirement to provide a copy of your padrón but, again, you could take one just to prove your address. Alternatively, you could take your escritura, a nota simple or a long-term rental contract. If your town hall won't let you register on the padrón because you don't have residencia, ask if they'd issue you with a temporary one if you return with a copy of the appointment you will be making for your residencia application.

Photograph?:

This definitely is not required.

Other requirements:

Other things you need to produce all depend on what category of applicant you are. These are detailed in the following sections.

Students:

A student has the right to live in Spain whilst studying or undergoing professional training, for the duration of this, provided he/she produces documentary proofs of:

a). Enrolment in a  education institution (state or private) that is either funded or recognised by the Spanish education authorities.

b). Having public or private health insurance, contracted either in Spain or in another country, that provides complete cover in Spain.

The law states:

However, this condition will be deemed to be met if the student has a European Health Insurance Card that is valid for a period that covers the entire period of residence and that allows him to receive, exclusively, any medical assistance that is necessary from a medical point of view, taking into account the nature of the assistance and the envisaged duration.

I find this somewhat strange - it implies that the law considers anyone young enough to be a student to be healthy enough to only require cover for emergency treatment.

c). Provision of a sworn statement that of having sufficient financial resources for oneself and any family members, so there is no risk of becoming a burden on Spain’s social security system during the period of residence.

Compliance with this requirement is considered to be met by producing proof of taking part in a EU educational exchange programme for students and teachers.

Note:

You could lose your right to residency if you complete your studies and are unable to prove you are working or have sufficient financial resources to support yourself, and family members if applicable.

Employed:

By employed, I mean legally employed with a contract and paying social security contributions.

You need to produce, from your employer, a contract or certificate of employment (certificado de vida laboral) for a minimum of six months, to prove that you are employed here. The contract must include, at least, the name and address of the company, and its tax code and social security contribution code.

If you are not yet working, you will need proof of a job offer that has been registered with the Ministry of Labour (Servicio Público de Empleo).

You may need to consent to checks being carried out about you with Social Security contribution records (Ficheros de la Tesorería General de la Seguridad Social), to prove that you are paying Social Security contributions.

Self-employed:

By self-employed, I mean paying social security contributions and being registered with the relevant authorities.

You must provide evidence that you are self-employed (Autónomo) by providing one of the following:

a). Registration on the Economic Activities list (Censo de Actividades Económicos).

b). Proof that your business is in the Companies Register (Registro Mercantil).

c). Proof of registration with the Social Security system.

d). Giving consent to your details being checked in the Social Security General Treasury records (Ficheros de la Tesorería General de la Seguridad Social) or those of the Tax Agency (Agencia Tributaria).

Jobseeker:

I'm including this as a separate category because jobseekers seem to be treated differently under EU rules. However, I've been unable to find any mention of different treatment for jobseekers in Spanish legislation.

The EU view seems to be that a jobseeker can stay in another EU state for six months without having to register as a resident and without having to prove that you can support yourself financially.

After six months without finding a job, the authorities could re-assess your entitlement to stay in the country, and you'd need to provide proof that you're actively seeking work and, moreover, have a reasonable chance of finding a job.

As you've not been paying into the social security system, you do not have any entitlement to non-contributory benefits.

Bear in mind that I can't find the above information in Spanish legislation, so it appears that jobseekers should be grouped within the category of people not working in Spain.

Not working in Spain:

This category includes pensioners and those who have retired early. You need to provide two things:

1). Proof of health cover:

The law states:

You must also provide public or private health insurance, contracted in Spain or in another country, that provides coverage in Spain during your period of residence equivalent to that provided by the National Health System.

If you're in receipt of the UK state retirement pension, or an 'exportable benefit' like Disability Living Allowance, you need to get from DWP at Newcastle a form S1, which enables you to transfer your health cover from the UK to Spain.

If anyone has a problem with their S1 being accepted, refer the clerk to the following government website:

http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html

where it states:

Los pensionistas cumplen con esta condición aportando certificación de disponer de asistencia sanitaria con cargo al Estado por el que perciben pensión.

Nota importante: cuando se aporten documentos de otros países deberán estar traducidos al castellano o lengua cooficial del territorio donde se presente la solicitud.

Cuando se trate de formularios estándares de la Unión Europea no será necesaria ni su traducción, ni su legalización de conformidad con lo dispuesto en la normativa comunitaria que los ampara. Por ejemplo: modelos de asistencia sanitaria S1, E109, E 121...

This is a very clear statement that an S1 is acceptable, and that it does not need translating.

If you're not entitled to an S1, you need to have private health insurance, contracted in Spain or in another country, that provides full cover in Spain, equivalent to that provided by the Spanish National Health System (Sistema Nacional de Salud).

The emphasis is on full cover, i.e, it must cover pre-existing conditions, cover unlimited hospital stays, and not be subject to co-payments.

To avoid people taking out such a policy and then cancelling it after obtaining residencia, you need to provide proof that you have paid for twelve months cover.

The insurance company should provide a certificate confirming that the policy meets residencia requirements and has been paid for one year, and you should present this certificate and not the actual policy - but take the policy with you just in case.

2). Proof of finances:

What you need to do is to prove that you have sufficient resources (including for family member(s) if applicable) that you're not going to become a financial burden on the Spanish social services.

To quote from Orden PRE/1490/2012:

Accreditation of the possession of sufficient resources, whether by periodic income, including work or other income, or by the possession of an estate, shall be carried out by any means of proof admitted by law, such as property titles, certified checks , documentation justifying obtaining capital income or credit cards. In this latter case, an up to date bank certificate proving the amount available by way of credit on the aforesaid card shall be produced.

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

The assessment of sufficient resources must be carried out on an individual basis, taking into account the applicant’s personal and family circumstances. The possession of resources that are more than the amount established each year by the State General Budgets Act (Ley de Presupuestos Generales de Estado) that justifies the right to receive non-contributory benefits, taking into account the interested persons’ personal and family circumstances, will be regarded as sufficient proof to meet this requirement.

To simplify the above, you need to prove that you have a regular income or own a capital asset. Acceptable income can be from a pension, salary, income from capital, property rental etc. Unfortunately, the legislation does not specify the period for which you need to prove the regular income. If you own a property in the UK, then in theory it should be sufficient to produce the deeds, although these would need to be translated and bear the Hague Apostille, and the same would apply to bonds or shares etc. Documents can also be legalised beforehand by the Spanish Consular Office in the UK or by the Ministerio de Asuntos Exteriores y de Cooperación.

Some offices might accept proof of ownership of such an asset instead of proof of a regular income, and others might want proof of both bank balance and income. I disagree that you should be asked to prove a bank balance, but you'd have to be a brave person to start arguing the toss over this with whoever processes your application!

Some offices may accept a current bank balance in excess of €6,000, whereas others might be satisfied with statements showing consecutive monthly deposits of €600; and some might be satisfied with evidence of three monthly deposits, whereas others might want to see six monthly deposits. It's best to go prepared with as much evidence as you can gather.

The obvious way to prove proof of income is to provide bank statements. You could also ask your bank if they will provide a 'certificado bancario' stating that you have a regular income with them. I think it would also be wise to have to hand - but not produce unless challenged - a document proving that it is a regular income - like DWP's notice regarding the annual increase in your pension.

The reference above to the “Ley de Presupuestos Generales de Estado” is important, as it is this law which defines the amount of income that yours must exceed. There is a new law published every year, and that published in 2018 (Ley 6/2018) with the figures for 2018 states that for an individual, the amount is €5178,60 p.a., which is €431.55 p.m. This is well below the amount that immigration and police offices require, and I think they may be using another indicator in the law, known as the IPREM (Indicador Público de Renta de Efectos Múltiples), which is €6454.03 p.a. or €537.84 p.m.

I can well understand the authorities rounding this up to €600 for the purposes of residencia, to ensure that a person's income doesn't dip below the benefit threshold due exchange rate fluctuations.

If there are two or more of you applying as a family unit, and you don't all individually have income exceeding the minimum, then it gets a bit more complicated, as it depends on the relationship between you.

If you live only with your spouse and/or second-degree blood relatives (brother-sister, grandchild or grandparent), then the amounts are:

Two people: €8,803.62

Three people: €12,428.64

Four people: €16,053.66

Five people: €19,678.68

If among the blood relatives with whom you live, there is one of first-degree (parents or children), then the official amounts are:

Two people: €22,009.05

Three people: €31,071.60

Four people: €40,134.15

Five people: €49,196.70

The above figures are those specified by social services but, to me, seem ridiculously high in the context of qualifying for residencia. I am of the opinion that the qualifying amounts will be simple multiples of the IPREM referred to above.

If you apply as a couple, and your spouse on their own doesn't meet the residencia requirements because their income is below that required, and so makes her application as a family member (see later), and your combined income meets the requirements for two people, then it might be helpful to take your marriage certificate, and produce this if challenged.

As a final note to this topic, post-Brexit anyone applying for an identity card (TIE) will have to show resources of four times the IPREM referred to above, i.e. €2151.36 p.m. If some form of agreement isn't reached about this requirement, then very few people will be able to come and legally live in Spain.

Children:

I can't find anything specific about this in the legislation, so the following is just a guess regarding the requirements. If anyone has done it, I'd welcome feedback.

Passport of both child and applicant parent.

Parent's residency certificate.

Marriage certificate.

Child's birth certificate - probably with an official translation if not born in Spain.

Libro de Familia if born in Spain.

You may need to provide a sworn statement (declaracion jurada) to attest to the family relationship.

Family members:

In this section, I am looking at family members who are unable to apply for residencia in their own right - for example, their income may not be sufficient to meet the requirements. In that sense, this section deals with those who can be regarded as dependants.

This is potentially a very large topic, as there are so many possible permutations, but I'm only going to cover the most common situations.

EU spouse or partner and other direct family members:

Your own residency certificate.

Proof of the applicant's family relationship with you, e.g. a marriage or birth certificate.

Proof that children or grandchildren are under 21 or dependent on you.

Proof that parents or grandparents are dependent on you.

Proof if they are seriously ill and need you to take care of them personally.

Proof you have sufficient means to support all the members of your family who are with you, including full medical cover.

If you're not married, you may need a 'certificado de convivencia' from the town hall (it's like a padrón). You need to prove stable cohabitation of at least one year unless you have children, in which case this is taken as providing the necessary proof.

If your family member is not an EU citizen, then they need to apply for a 'tarjeta de residencia de familiar de ciudadano de la UE', and for this the application form is Modelo EX19. It's a different procedure resulting in the issue of a plastic card bearing a photograph and thumb-print.

Death:

The death of a spouse will not immediately affect the right of residence of family members. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

Divorce or separation:

In the event of divorce or legal separation, the family member retains the right to residency provided the couple have been legally resident for at least three years. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

COMPLETING THE APPLICATION FORM

As I said earlier, the application form is an editable PDF, so you can fill it out online or in your PDF reader. If you decide to print it as is and complete it by hand, you must use black ink and capital letters.

I'm simply listing what goes in each field:

1) DATOS DEL SOLICITANTE

This section is about you, the applicant.

PASAPORTE - enter your passport number.

N.I.E. - enter the number if you've got an NIE.

1er Apellido - enter your surname.

2º Apellido - leave blank, or put a long dash in it, unless you've got two surnames.

Nombre - enter your Christian name(s).

Sexo - mark as appropriate - H for male (hombre), M for female (mujer). Don't make the mistake a friend made - he thought M was masculino (male) and H was hembra (female), so he put himself down as M. It apparently caused a bit of levity at Orihuela police station!

Fecha de nacimiento - enter your date of birth in the format dd/mm/yyyy.

Lugar - enter the name of the town where you were born.

Nacionalidad - enter your nationality - BRITÁNICO for a man, BRITÁNICA for a woman.

Estado civil - mark to indicate if single (S), married (C), widowed (V), divorced (D), separated (Sp).

Nombre del padre - enter your father's Christian name(s).

Nombre de la madre - enter your mother's Christian name(s).

Domicilio en España - enter your street name, and suburb etc if appropriate.

Nº - enter your house number.

Piso - enter your flat number if appropriate; otherwise leave blank.

Localidad - enter the name of the town relating to your address.

C.P. - enter your post code.

Provincia - enter the name of your province.

Teléfono móvil - enter your telephone number. If it's a UK mobile number, prefix it with 0044.

E-mail - enter your email address.

Representante legal, en su caso - leave blank unless, for example, acting on behalf of a child, in which case you enter  your own name, or if you're unable to attend for a valid reason then enter the name of your representative.

DNI/NIE/PAS - if the representative is a Spaniard, enter their DNI number or PAS, which, I think, is the number which appears on a Spanish power of attorney. Otherwise enter the representative's NIE.

2) DATOS DEL REPRESENTANTE A EFECTOS DE PRESENTACIÓN DE LA SOLICITUD

This section can be left blank unless you've appointed a representative, or are acting as a guardian, in which case it has to be completed. The only field that is different from those described above is the one for Nombre/Razón Social where, if applicable, Razón Social asks for the name of the company to whom you've granted POA.

Note that the regulations state that you must apply in person, and I assume that this section is for cases where that is impossible e.g. due to illness. I've not been able to confirm whether granting power of attorney to a representative is sufficient, or whether you would also need a statement from your doctor. The other example, as I've indicated above, is if you're acting as a guardian for a minor.

3) DOMICILIO A EFECTOS DE NOTIFICACIONES

This section asks for details about where any notifications should be sent. The only notification you're ever likely to receive is to tell you that your certificate is ready for collection. However, you should complete it. All the fields have already been described above.

CONSIENTO que las comunicaciones y notificaciones se realicen por medios electrónicos

Simply put an x in the box beside this to confirm that you agree to receive notifications by e-mail.

Nombre y apellidos del titular

Just enter your full name.

4) SITUACIÓN EN ESPAÑA

PERÍODO PREVISTO DE RESIDENCIA EN ESPAÑA - in most cases you can just enter PERMANENTE, unless you're staying more than three months but less than six months, in which case enter the duration of your stay.

FECHA DE INICIO DE LA RESIDENCIA EN ESPAÑA - enter the date you took up residence in the format dd/mm/aaaa.

Nº DE FAMILIARES QUE ACOMPAÑAN O SE REÚNEN CON EL SOLICITANTE EN ESPAÑA - this is to enter the quantity of any family members who are applying with you.

RESIDENCIA TEMPORAL - mark the appropriate section:

Trabajador por cuenta ajena - employee.

Trabajador por cuenta propia - self-employed.

No activo con recursos suficientes y seguro de enfermedad - not working in Spain.

Estudiante con recursos suficientes y seguro de enfermedad - student.

Nacional UE/EEE/Suiza, familiar de otro nacional incluido en los apartados anteriores - family member.

DNI/NIE/PAS del ciudadano UE/EEE/Suiza que da derecho - leave blank unless the application is as a family member, then they must enter the NIE number of the person on whom they are dependent.

Vínculo con el ciudadano UE/EEE/Suiza que da derecho - the family member must specify their relationship to the person whose NIE number they have entered above, e.g. esposa, madre, hija, etc.

Las personas abajo firmantes…..

Mark this section if you're in one of the categories that requires you to have private health insurance.

Las personas abajo firmantes…..

Mark this section to confirm your agreement that they can carry out online checks about you.

NO CONSIENTO.....

Marking this box would be stating that you don't agree to them confirming your identity electronically, so leave it alone. If you don't agree to them checking your identity electronically, you'll just be creating problems for yourself, as they would then ask for other documentation.

Place and date fields

The first field is where you stipulate a place, and I suggest you use the name of the town where you are making the application.

The second is for the numeric day of the month.

The third is the month (remember that this needs to be in Spanish, and that it isn't capitalised).

The last is for the year.

For example, the final result could be:

Orihuela, a 27 de agosto de 2018

FIRMA DEL CIUDADANO DE LA UNIÓN (familiar del solicitante)

This is where a family member signs the form. If not applicable, leave blank.

FIRMA DEL SOLICITANTE (o representante legal, en su caso)

This is where you or an appointed representative signs the form. If the form has been completed on behalf of a minor, then this is where the guardian signs.

DIRIGIDA A

This is where you enter the name of the place where you are submitting the application, for example Dirección General de la Policia.

Código DIR3

This is an alpha-numeric identification for the office at which you are applying. Leave it blank, and let the person handling your application fill it in.

PROVINCIA

This is the name of the province in which the office you apply to is situated, for example Alicante.

Nombre y apellidos del titular

Just enter your full name.

ANEXO I

I haven't found an example of how to complete the annexes. If anyone can provide a link for such an example, then I'll revise these instructions.

Anexo I is for listing documents for which verification or consultation is authorised by yourself. However, ÓRGANO and ADMINISTRACIÓN in this context mean authority or government authority, so only enter details of any such documents you are providing. I assume that the supporting documents required by persons working or studying here will fit in this category but, for example, proof of health insurance will not.

ANEXO II

Anexo II is for listing documents you do not authorise them to verify, and I recommend that you leave this blank

WHERE DO YOU GO?

You can apply at the nearest Oficina de Extranjería (foreigners’ department) in your province, or at a National Police Station (Comisaría de Policía).

Foreigners' offices:

You can find all the offices on this link:

http://www.seat.mpr.gob.es/es/portal/servicios/extranjeria/extranjeria_ddgg.html

For Alicante province, there are offices in Alicante & Altea:

Oficina de Extranjería en Alicante

Calle Ebanistería, (Polígono de Babel), 4 y 6

Alicante

Oficina de Extranjería en Altea

Calle San Isidro Labrador, 1

03590 - Altea

The following two links details which municipalities are covered by each office - make sure you go to the correct one.

http://www.consultor.com/oue/terminosAlicante.html

http://www.consultor.com/oue/terminosAltea.html

National police stations:

The following is the website to use to find all the offices:

https://www.policia.es/documentacion/oficinas/oficinas_extran.html

Note that some of the offices listed do not transact residencia applications. The following are those that do.

Alcoy:

Comisaría del Cuerpo Nacional de Policía de Alcoy

C/ Perú, 10.

Benidorm:

Comisaría del Cuerpo Nacional de Policía de Benidorm

C/ Apolo XI, 36.

Dénia:

Comisaría del Cuerpo Nacional de Policía de Dénia

C/ Castell d´Olimbroi, 5.

Elche:

Comisaría del Cuerpo Nacional de Policía de Elche

C/ Abeto, 1 (Carrer l'Avet, 1)

Elda:

Comisaría del Cuerpo Nacional de Policía de Elda-Petrer

C/ Lamberto Amat, 26.

Orihuela:

Comisaría del Cuerpo Nacional de Policía de Orihuela

C/ Sol, 34.

Torrevieja:

Comisaría del Cuerpo Nacional de Policía de Torrevieja

Oficina de Documentación de Españoles y Extranjeros

C/ Arquitecto Larramendi, 3.

Playa Flamenca:

Ayuntamiento de Orihuela Costa (Oficina del Comisaría de Policía de Orihuela Costa)

Plaza del Oriol, 1.

Teulada:

Ayuntamiento de Teulada (Oficina del Cuerpo Nacional de Policía).

Av. de Santa Caterina, 2.

PAYMENT OF THE FEE

The payment form is Modelo 790.

If you go to a national police station or foreigners' office without having pre-paid the fee, they might (but might not!) provide you with the payment form, which you then have to complete, take to a bank and pay the fee, and then go back and try again. It's just not worth the hassle - pre-pay the fee in advance and take the receipted 790 with the rest of the application paperwork.

There are actually two versions of the 790 relevant to residencia. These are '790 Tasa 052' and '790 Código 012'.

790 Tasa 052 is to be used if you are applying at a foreigners' office.

790 Código 012 is to be used if you are applying at a national police station.

NB: Make sure you use the correct one!

790 Tasa 052:

1). You can only do this online if you have an electronic certificate. If you do, this is the starting point (I've opted for the English version):

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on PAY AND SEND THE PAYMENT FORM FOR FEE 052 VIA INTERNET.

If you get a pop-up, just click OK.

On the next (confusing) page, click on Acceso con [email protected]

On the left-hand side of the next page, in the box for eIdentifier, click Access.

Select your electronic certificate and click OK.

On the next page, click your province on the map, and click OK on the pop-up.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Enter the full IBAN number for your bank account, then click on REALIZAR PAGO.

(You can also pay by credit or debit card).

Make sure you print two copies of the receipted 790.

2). If you haven't got an electronic certificate, you can only use this procedure if you've already got an NIE number, as this is one of the mandatory fields that must be completed, and you can't download a blank form.

Go to:

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on COMPLETE AND PRINT THE PAYMENT FORM FOR FEE 052.

On the next page, click your province on the map, and click OK on the pop-up.

Enter your details in the IDENTIFICATION section.

In the Nationality window, you need to select REINO UNIDO from the drop-down list.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Then go to the bottom section of the form.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Under PAYMENT you need to select one of two options - cash or by transfer from your bank account.

If you select the latter, you need to enter the full IBAN for your bank account.

Then click on Obtain Document.

This downloads the 790 as a PDF.

Print the first three pages - you don't need the last one.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

NB: Don't solicit residencia at a foreigners' office if you haven't got either an NIE or electronic certificate, unless you want to pay a prior visit and ask for a hard-copy of the form.

790 Código 012:

Go to (there isn't an English version):

https://sede.policia.gob.es:38089/Tasa790_012/ImpresoRellenar

In the N.I.F./N.I.E. field, enter your NIE number if you've got one; otherwise enter your passport number.

In the Apellidos y nombre o razón social field, put your surname, a comma, then your first name(s).

In the Tipo de vía field, put what type of road you live on - calle etc.

In the Nombre de la vía pública field, put the name of the road you live on, less what you've done above.

In the Núm. Field, put your house number or apartment block number.

If you live in a flat, put your flat number in the Piso field.

The Teléfono field isn't mandatory, but if you don't enter your telephone number, you'll later be recommended to do so.

In the Municipio field, enter the name of the town where you live - you can enter more than one word, for example Mudamiento, Orihuela.

In the Provincia field, enter the name of the province where you live.

In the Código Postal field, enter your post code.

In the section for Tarjetas de identidad de extranjeros (TIE) y certificados de registro de residentes comunitarios,

click the box at the right of .Certificado de registro de residente comunitario…

The amount of the fee (€12.00) appears in the Ingreso section at the bottom.

In Localidad, enter the name of your home town.

Under Forma de pago you need to select one of two options.

En efectivo means that you are going to pay in cash.

E.C. Adeudo en cuenta means you want payment to be from your bank account, in which case you need to enter the full IBAN for your bank account in the Código IBAN de la cuenta field.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Then click on Descargar impreso rellenado.

This doesn't actually do a download, but instead opens a PDF of the completed form.

Right-click on this to save it, or just print it without saving.

You don't need to print the last page.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

Final note:

There's a strange anomaly that only appeared recently about going to a foreigners' office or a police station. The foreigner's office fee is €10.82, whereas the police fee is €12.

(When we got our residencias in 2006, the fee was €6.70).

APPOINTMENT

A prior appointment is necessary. Ensure this is in the name of the person applying. It used to be the case that solicitors, gestors etc, would make block bookings in the hope they'd be able to fill those slots. When they didn't, they simply didn't turn up, which wasted police time, so many police stations are now insisting that appointments be in the name of the applicant. That obviously stops anyone from booking slots in advance.

If there are two or more of you, you need to make a separate appointment for each person.

You need to take a copy of the appointment you have made.

For Alicante, Benidorm, Denia, Elche, Elda, Orihuela, Playa Flamenca and Torrevieja, you can make an appointment online. Start here:

https://sede.administracionespublicas.gob.es/icpplus/

The website can be a bit creaky, so don't be surprised if you have to load it several times, or try at different times of the day.

In the blue Seleccionar box, click the drop-down arrow and select e.g. Alicante, then click Aceptar.

Click the blue box by TRÁMITES DISPONIBLES PARA LA PROVINCIA SELECCIONADA and select POLICIA-CERTIFICADOS UE, then click Aceptar.

On the next page click ENTRAR.

You then have the option of identifying yourself by NIE number or passport, and also need to enter your name. You are warned that the name you enter must be identical to that shown on your NIE or passport, and that if you enter your NIE number, then you must do so without hyphens.

Click on the box in the CAPTCHA and click Aceptar.

On the next page click Solicitar Cita.

Click in the blue box and select which office you want to go to, then click Siguiente.

Enter your telephone number, then enter your email address in the other two boxes. This will be used to send you confirmation of the appointment if you want this. You are warned that there is a problem with hotmail addresses. Then click on Siguiente.

You are then shown the next available appointment(s). If one is OK for you, click on that so it turns red, then click on Siguiente.

In the pop-up box, click OK.

Put a tick in the box beside Estoy conforme..., and if you want to receive email confirmation, tick the box beside Deseo recibir...

To finalise the appointment, click on Confirmar.

Click on "Imprimir" to print the appointment.

As a side note, I checked how long one has to wait to get an appointment, and this varied between eight and ten weeks, with the exception of Torrevieja, which was five weeks.

For Alcoy, Altea and Teulada, I'm unable to find an online way of making an appointment. It therefore appears that you will have to make an initial visit to the office in question in order to make an appointment.

BEFORE YOU GO

It might help to reduce the stress on your appointment day if you make a prior visit to the office in question. You'll then be able to find out where to park, how long it will take from parking to arriving at the office, and what the set-up is there; for examples, whether there is a desk where you show your appointment or a machine in which you enter your details, where is the monitor which tells you when it's your turn, and are the desks you have to go to clearly numbered. Also, if the office is one for which you cannot make an appointment on line, you can ask if you can make an appointment whilst you're there, ask when the quietest time is, see if there's a machine from which to take a deli ticket (turno), etc.

Parking near Elche police station can be difficult, whereas at Orihuela it's easy to park at the Ociopia shopping centre and walk over the bridge.

DOING THE DEED

I recommend that you take someone with you who speaks Spanish. Procedures vary between the various offices and even between individuals in an office.

What happens when you get to your chosen location depends on where you're going, but make sure you've got your appointment on top of the pile of papers you're clutching.

You will probably need to see someone on reception, and to take or be issued with a turno (deli ticket).

When it's your turn, just smile nicely, apologise for your poor Spanish, and pass the pile of papers across the desk - you'll have time to bite your finger-nails while you're waiting!

It might help to keep a document back. If the official then says you're missing something, ask him if that's the only thing that's missing, and then produce it. That way he will have no excuse to complain that the application is incomplete.

All being well you may be given a residencia certificate on the spot, or you may be given a resguardo (receipt) and asked to return within the next few days.

If your application is not accepted for some reason, you have ten days in which to return and re-submit the application. If you do not do that within ten days, then your application is considered to have been withdrawn, and you'll have to start all over again.

ONCE YOU'VE GOT YOUR RESIDENCY CERTIFICATE

The first thing you must do is make one or more copies. You could also if you wish get a certified copy (compulsado) at a notary, or possibly at a national police station or town hall. I suggest that if you want to carry the certificate in your wallet, then make a good quality colour copy and laminate that.

If you haven't already got a padrón, then go and do so.

Change your non-resident bank account into resident account (lower charges).

Be aware that as a resident in Spain, you are only entitled to an EHIC (strictly speaking it is for residents here an EHIC-E) if you've got an S1 or are a student.

DOES IT NEED RENEWAL?

No! It's for life, unless you leave Spain for an extended period, or unless your details change.

If you've got the old-style A4 certificate, then you can voluntarily change it for the credit-card size, but with Brexit looming, there's no point in doing this.

On the subject of Brexit, after which we'll need a different type of residencia, then that will need renewing every five years.

PERMANENT RESIDENCY CERTIFICATE

After five years of legal residence, you can apply for a certificate of permanent residence of an EU citizen. This means that you will be issued with a new certificate with the word Permanente on it. However, in my opinion, there is no point in doing so, as after five years of legal residency, you will automatically have the right of permanent residence (as a citizen of the EU), and don't need your residency certificate to state this. Post-Brexit, such a certificate would have no more worth than a certificate without the word Permanente on it.

If, however, you wish to do this, no documentation should be required regarding health cover or finances, as you have lived in Spain for a continuous period of five years, and this can be verified by the authorities. You'd just need an EX-18, passport, payment of the fee, and prior appointment. On the EX-18, you select RESIDENCIA PERMANENTE and mark the relevant category below that.

There are also circumstances under which you can apply for a permanent residency certificate before completing five years here, and for this you will be required to prove that you've been here for the for the period in question, and that you fit into one of the relevant categories:

a). You are employed or self-employed, having lived here for three years and worked for one year, and are finishing work because you have reached the age set by Spanish law for retirement with the right to a pension.

b). You were employed or self-employed and ceased working due to permanent disability, having lived here for two years. The two years requirement doesn't apply if disability was caused by an accident at work or occupational illness, which results in you being paid, in whole or in part, a state disability pension.

c). You are employed or self-employed, having lived and worked here for three years, and now work in another EU state as a cross-border worker but keep your principal residence here and return at least once a week.

d). Family members who have lived with someone who has died, provided that the deceased had lived here at least two years, or whose death was due to an accident at work or an occupational illness.

LOSING YOUR RIGHT TO RESIDENCY IN SPAIN?

Your continuity of residence is not affected by temporary absences of less than 6 months a year or one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.

You can lose the right to permanent residence if you live outside Spain for more than 2 consecutive years.

CHANGE OF DETAILS

You are obliged to notify the authorities if any of the details used to obtain your residencia change.

Such changes include moving to a new address, changing surname due to marriage, and renewing a passport.

If it's a change of address, ensure you're on the padrón at your new address, as the authorities will carry out an online check.

If it's a change of name, you will need to take your marriage certificate.

If it's a change of passport, you'll need to take your new one (I'd also take the old one if you've got it).

You have to use the EX-18 to notify the change, clicking the MODIFICACIÓN box, and then clicking the relevant box in this section.

I've also found a form on this government website for 'Comunicación al registro central de extranjeros de cambios de situación':

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Modelos_comunicaciones/COMUNICACION-CAMBIO-SITUACION.pdf

This actually looks far too simple to be true - fill it in and post or deliver it. The problem is that your change of details might, if you're lucky, be recorded in the system, but I can't see the authorities sending you a new residencia certificate.

There is also an online way of notifying a change of address if you've got an electronic certificate, and one of the authorities that are notified is DGP - the police, but again I can't see the authorities sending you a new residencia certificate:

https://cambiodomicilio.redsara.es/pcd/

Question to other forum members:

Anyone renewed their UK passport and not reported the change of passport number?

OBTAINING A DUPLICATE CERTIFICATE

There are circumstances when you need to replace a residencia - you've lost it, it's been stolen, or it's become damaged.

If you lose your residencia, even if it's not been stolen, you must go to a Comisaría de Policía (National Police station) and make a denuncia stating you have lost it; and if known stating where and when this happened.

You can make the process easier by filing the denuncia online, then going along to the police station with the reference number that the online system generated, and signing the report. Start here:

https://denuncias.policia.es/OVD/

Although the online system is in English, you should fill in the details you are reporting in Spanish.

You will need to take your original copy of the denuncia with the other paperwork when you go to obtain your duplicate residencia.

If it's damaged, then take that with you.

To be on the safe side, also take a padrón, your passport, SIP card, and proof of finances as in the initial application process, but don't offer them unless prompted.

There isn't a specific section on the EX-18 to request a duplicado, but I suggest clicking the MODIFICACIÓN box, then OTROS, and enter the reason:

Extravío - loss

Deterioro - deterioration or damage

Sustracción - theft


Thank you so much Jim what a wonderful piece so much info

  Very grate

Sheila64

Sheila64

Helpful member

Sat Aug 25, 2018 5:02pm

Posts: 204

Location: Playa Flamenca

166 helpful posts

Posted: Sat Aug 25, 2018 5:02pm

jimtaylor wrote:

THE REASON FOR THIS GUIDE

There is so much information on the internet, and on this forum, about residency, that a guide such as this should not be necessary. However, many people keep asking the same old questions, presumably because they either struggle to do an effective search, or don't always understand what they find. In some ways I can sympathise, as many of the articles about residency are out of date, incomplete, or lacking in detailed instructions. Although there is a lot of good information on our forum, it's in numerous threads and, like every forum I've ever known, the search facility isn't as good as it might be.

I decided therefore to produce this guide in an attempt to put all the necessary information in one place. Hopefully this will provide a resource for people who need to know about residency and, in the longer term, save people like Nicola and myself from having to keep answering questions, either on the open forum or by PMs.

I'd point out that it takes a long time to produce a comprehensive guide like this, and I just hope that I haven't been wasting my time. I'll have to wait and see what the responses are and also how many people click the Helpful button. At the worst, I'll use it as a model for the situation post-Brexit.

It's a long guide simply because I wanted to make it as comprehensive as possible. It could get even longer if I get feedback about additional information!

WHAT'S IT ALL ABOUT, ALFIE?

'Residencia' is what most of us call the green paper or card that we receive when we register as residents, and the word residencia does appear in the descriptive text about the subject, but what we actually receive is a certificate of residency. It is only non-EU citizens who receive a card with the word Residencia on it. Be that as it may, I'll continue to call it residencia.

You can stay in Spain for up to three months, and for that all you need is your passport. For stays of more than three months, it is a legal requirement that you register your presence.

You don't have to wait three months before you apply for residencia - you can do it as soon as you make the permanent move out here.

A residencia certificate (CERTIFICADO DE REGISTRO DE CIUDADANO DE LA UNIÓN) is a document certifying that someone from another EU country is legally resident in Spain, and that the person is registered on the Central Register of Foreign Nationals (Registro Central de Extranjeros).

It used to be an A4 piece of green paper, but for some years now it has been issued as a credit card size piece of card. It contains the person's name, date and place of birth, nationality, address, NIE number, and date of issue. It does not have an expiry date.

It cannot be used as proof of identity, but the credit card size of certificate is easier to carry than the A4 NIE document, for occasions when you need to show your NIE number.

Part of the application process is that you have to prove that you will not be a financial burden on the state, by providing proof of an acceptable level of income, and by providing proof of health cover. More on these topics later.

You don't need to have previously obtained an NIE number before applying for residencia - the NIE number can be obtained as part of the residencia process.

ADVANTAGES

In my opinion, the principal advantage is that you are complying with the law, and therefore legally resident. This could well be advantageous post-Brexit.

Most of the material advantages revolve around the fact that if you're resident in Spain, then you pay residents' taxes here. If you're not legally resident, then you're classed as non-resident.

For examples:

Non-residents pay an annual tax based on the value of their property. Residents do not pay this tax.

Non-residents with rental income have to do a quarterly tax return for any rental income they receive. Residents include rental income in their annual tax return. If you pay someone else to do your returns, then a non-resident pays for four returns whilst a resident pays for one. Also, a resident has the advantage of the various tax allowances.

Inheritance tax prior to Brexit is the same for residents and non-residents. Post-Brexit, unless the current law is amended (which may well be the case), inheritors will only receive the national tax allowance, which is very much lower than the regional Valencian allowance.

If a non-resident sells a property in Spain, then the buyer retains 3% of the price and pays this to the tax office. This can be recovered if it's more than the tax due, but it could be a lengthy process.

Post-Brexit, non-EU non-residents who sell a property will pay a higher rate of capital gains tax than do EU citizens.

If a resident sells his principal residence and re-invests the proceeds in another property, then he doesn't pay capital gains tax on the sale of the first property.

There are several other aspects as well, for examples:

A non-resident can potentially have his car impounded if stopped for a traffic offence.

Some municipalities offer benefits to residents

Having a non-resident bank account incurs considerable charges that resident accounts do not have.

RELEVANT LEGISLATION

If you fancy a bit of light reading, the following is some of the legislation related to the subject:

E.U. Directive 2004/38/EC

Real Decreto 240/2007

Real Decreto 557/2011

Ley 6/2018

Orden PRE/1490/2012

Where I provide quotes from the legislation in subsequent sections, these are my translations.

DOCUMENTS REQUIRED

Application form:

The application form is the EX-18. Post-Brexit it will probably be EX-17, but that will be a separate topic when the time comes.

There are a great many links to the EX-18 on the internet, and even active links to the old EX-16, which became redundant some years ago. Some of the links to the EX-18 are for old formats. The links to the current format are:

Immigration office:

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/18-Certificado_Residencia_comunitaria.pdf

National police station:

https://sede.policia.gob.es/portalCiudadano/extranjeria/EX18.pdf

Irrespective of which link you follow, both give the same form. This is an editable PDF. It can be completed online then downloaded or printed, or it can be downloaded as is and then completed in your PDF reader.

You need to take two completed copies.

See later for completion instructions.

Passport:

Valid passport and copy.

If it has expired and you've sent it back to the UK for renewal, a copy of both the passport and the renewal application must be provided.

NIE?:

There isn't any requirement to provide an NIE. However, as the various offices that issue residencias seem to operate to their own rules, then I suggest that you take your NIE if you've got one, just in case.

Padrón?:

As above, there isn't any requirement to provide a copy of your padrón but, again, you could take one just to prove your address. Alternatively, you could take your escritura, a nota simple or a long-term rental contract. If your town hall won't let you register on the padrón because you don't have residencia, ask if they'd issue you with a temporary one if you return with a copy of the appointment you will be making for your residencia application.

Photograph?:

This definitely is not required.

Other requirements:

Other things you need to produce all depend on what category of applicant you are. These are detailed in the following sections.

Students:

A student has the right to live in Spain whilst studying or undergoing professional training, for the duration of this, provided he/she produces documentary proofs of:

a). Enrolment in a  education institution (state or private) that is either funded or recognised by the Spanish education authorities.

b). Having public or private health insurance, contracted either in Spain or in another country, that provides complete cover in Spain.

The law states:

However, this condition will be deemed to be met if the student has a European Health Insurance Card that is valid for a period that covers the entire period of residence and that allows him to receive, exclusively, any medical assistance that is necessary from a medical point of view, taking into account the nature of the assistance and the envisaged duration.

I find this somewhat strange - it implies that the law considers anyone young enough to be a student to be healthy enough to only require cover for emergency treatment.

c). Provision of a sworn statement that of having sufficient financial resources for oneself and any family members, so there is no risk of becoming a burden on Spain’s social security system during the period of residence.

Compliance with this requirement is considered to be met by producing proof of taking part in a EU educational exchange programme for students and teachers.

Note:

You could lose your right to residency if you complete your studies and are unable to prove you are working or have sufficient financial resources to support yourself, and family members if applicable.

Employed:

By employed, I mean legally employed with a contract and paying social security contributions.

You need to produce, from your employer, a contract or certificate of employment (certificado de vida laboral) for a minimum of six months, to prove that you are employed here. The contract must include, at least, the name and address of the company, and its tax code and social security contribution code.

If you are not yet working, you will need proof of a job offer that has been registered with the Ministry of Labour (Servicio Público de Empleo).

You may need to consent to checks being carried out about you with Social Security contribution records (Ficheros de la Tesorería General de la Seguridad Social), to prove that you are paying Social Security contributions.

Self-employed:

By self-employed, I mean paying social security contributions and being registered with the relevant authorities.

You must provide evidence that you are self-employed (Autónomo) by providing one of the following:

a). Registration on the Economic Activities list (Censo de Actividades Económicos).

b). Proof that your business is in the Companies Register (Registro Mercantil).

c). Proof of registration with the Social Security system.

d). Giving consent to your details being checked in the Social Security General Treasury records (Ficheros de la Tesorería General de la Seguridad Social) or those of the Tax Agency (Agencia Tributaria).

Jobseeker:

I'm including this as a separate category because jobseekers seem to be treated differently under EU rules. However, I've been unable to find any mention of different treatment for jobseekers in Spanish legislation.

The EU view seems to be that a jobseeker can stay in another EU state for six months without having to register as a resident and without having to prove that you can support yourself financially.

After six months without finding a job, the authorities could re-assess your entitlement to stay in the country, and you'd need to provide proof that you're actively seeking work and, moreover, have a reasonable chance of finding a job.

As you've not been paying into the social security system, you do not have any entitlement to non-contributory benefits.

Bear in mind that I can't find the above information in Spanish legislation, so it appears that jobseekers should be grouped within the category of people not working in Spain.

Not working in Spain:

This category includes pensioners and those who have retired early. You need to provide two things:

1). Proof of health cover:

The law states:

You must also provide public or private health insurance, contracted in Spain or in another country, that provides coverage in Spain during your period of residence equivalent to that provided by the National Health System.

If you're in receipt of the UK state retirement pension, or an 'exportable benefit' like Disability Living Allowance, you need to get from DWP at Newcastle a form S1, which enables you to transfer your health cover from the UK to Spain.

If anyone has a problem with their S1 being accepted, refer the clerk to the following government website:

http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html

where it states:

Los pensionistas cumplen con esta condición aportando certificación de disponer de asistencia sanitaria con cargo al Estado por el que perciben pensión.

Nota importante: cuando se aporten documentos de otros países deberán estar traducidos al castellano o lengua cooficial del territorio donde se presente la solicitud.

Cuando se trate de formularios estándares de la Unión Europea no será necesaria ni su traducción, ni su legalización de conformidad con lo dispuesto en la normativa comunitaria que los ampara. Por ejemplo: modelos de asistencia sanitaria S1, E109, E 121...

This is a very clear statement that an S1 is acceptable, and that it does not need translating.

If you're not entitled to an S1, you need to have private health insurance, contracted in Spain or in another country, that provides full cover in Spain, equivalent to that provided by the Spanish National Health System (Sistema Nacional de Salud).

The emphasis is on full cover, i.e, it must cover pre-existing conditions, cover unlimited hospital stays, and not be subject to co-payments.

To avoid people taking out such a policy and then cancelling it after obtaining residencia, you need to provide proof that you have paid for twelve months cover.

The insurance company should provide a certificate confirming that the policy meets residencia requirements and has been paid for one year, and you should present this certificate and not the actual policy - but take the policy with you just in case.

2). Proof of finances:

What you need to do is to prove that you have sufficient resources (including for family member(s) if applicable) that you're not going to become a financial burden on the Spanish social services.

To quote from Orden PRE/1490/2012:

Accreditation of the possession of sufficient resources, whether by periodic income, including work or other income, or by the possession of an estate, shall be carried out by any means of proof admitted by law, such as property titles, certified checks , documentation justifying obtaining capital income or credit cards. In this latter case, an up to date bank certificate proving the amount available by way of credit on the aforesaid card shall be produced.

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

The assessment of sufficient resources must be carried out on an individual basis, taking into account the applicant’s personal and family circumstances. The possession of resources that are more than the amount established each year by the State General Budgets Act (Ley de Presupuestos Generales de Estado) that justifies the right to receive non-contributory benefits, taking into account the interested persons’ personal and family circumstances, will be regarded as sufficient proof to meet this requirement.

To simplify the above, you need to prove that you have a regular income or own a capital asset. Acceptable income can be from a pension, salary, income from capital, property rental etc. Unfortunately, the legislation does not specify the period for which you need to prove the regular income. If you own a property in the UK, then in theory it should be sufficient to produce the deeds, although these would need to be translated and bear the Hague Apostille, and the same would apply to bonds or shares etc. Documents can also be legalised beforehand by the Spanish Consular Office in the UK or by the Ministerio de Asuntos Exteriores y de Cooperación.

Some offices might accept proof of ownership of such an asset instead of proof of a regular income, and others might want proof of both bank balance and income. I disagree that you should be asked to prove a bank balance, but you'd have to be a brave person to start arguing the toss over this with whoever processes your application!

Some offices may accept a current bank balance in excess of €6,000, whereas others might be satisfied with statements showing consecutive monthly deposits of €600; and some might be satisfied with evidence of three monthly deposits, whereas others might want to see six monthly deposits. It's best to go prepared with as much evidence as you can gather.

The obvious way to prove proof of income is to provide bank statements. You could also ask your bank if they will provide a 'certificado bancario' stating that you have a regular income with them. I think it would also be wise to have to hand - but not produce unless challenged - a document proving that it is a regular income - like DWP's notice regarding the annual increase in your pension.

The reference above to the “Ley de Presupuestos Generales de Estado” is important, as it is this law which defines the amount of income that yours must exceed. There is a new law published every year, and that published in 2018 (Ley 6/2018) with the figures for 2018 states that for an individual, the amount is €5178,60 p.a., which is €431.55 p.m. This is well below the amount that immigration and police offices require, and I think they may be using another indicator in the law, known as the IPREM (Indicador Público de Renta de Efectos Múltiples), which is €6454.03 p.a. or €537.84 p.m.

I can well understand the authorities rounding this up to €600 for the purposes of residencia, to ensure that a person's income doesn't dip below the benefit threshold due exchange rate fluctuations.

If there are two or more of you applying as a family unit, and you don't all individually have income exceeding the minimum, then it gets a bit more complicated, as it depends on the relationship between you.

If you live only with your spouse and/or second-degree blood relatives (brother-sister, grandchild or grandparent), then the amounts are:

Two people: €8,803.62

Three people: €12,428.64

Four people: €16,053.66

Five people: €19,678.68

If among the blood relatives with whom you live, there is one of first-degree (parents or children), then the official amounts are:

Two people: €22,009.05

Three people: €31,071.60

Four people: €40,134.15

Five people: €49,196.70

The above figures are those specified by social services but, to me, seem ridiculously high in the context of qualifying for residencia. I am of the opinion that the qualifying amounts will be simple multiples of the IPREM referred to above.

If you apply as a couple, and your spouse on their own doesn't meet the residencia requirements because their income is below that required, and so makes her application as a family member (see later), and your combined income meets the requirements for two people, then it might be helpful to take your marriage certificate, and produce this if challenged.

As a final note to this topic, post-Brexit anyone applying for an identity card (TIE) will have to show resources of four times the IPREM referred to above, i.e. €2151.36 p.m. If some form of agreement isn't reached about this requirement, then very few people will be able to come and legally live in Spain.

Children:

I can't find anything specific about this in the legislation, so the following is just a guess regarding the requirements. If anyone has done it, I'd welcome feedback.

Passport of both child and applicant parent.

Parent's residency certificate.

Marriage certificate.

Child's birth certificate - probably with an official translation if not born in Spain.

Libro de Familia if born in Spain.

You may need to provide a sworn statement (declaracion jurada) to attest to the family relationship.

Family members:

In this section, I am looking at family members who are unable to apply for residencia in their own right - for example, their income may not be sufficient to meet the requirements. In that sense, this section deals with those who can be regarded as dependants.

This is potentially a very large topic, as there are so many possible permutations, but I'm only going to cover the most common situations.

EU spouse or partner and other direct family members:

Your own residency certificate.

Proof of the applicant's family relationship with you, e.g. a marriage or birth certificate.

Proof that children or grandchildren are under 21 or dependent on you.

Proof that parents or grandparents are dependent on you.

Proof if they are seriously ill and need you to take care of them personally.

Proof you have sufficient means to support all the members of your family who are with you, including full medical cover.

If you're not married, you may need a 'certificado de convivencia' from the town hall (it's like a padrón). You need to prove stable cohabitation of at least one year unless you have children, in which case this is taken as providing the necessary proof.

If your family member is not an EU citizen, then they need to apply for a 'tarjeta de residencia de familiar de ciudadano de la UE', and for this the application form is Modelo EX19. It's a different procedure resulting in the issue of a plastic card bearing a photograph and thumb-print.

Death:

The death of a spouse will not immediately affect the right of residence of family members. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

Divorce or separation:

In the event of divorce or legal separation, the family member retains the right to residency provided the couple have been legally resident for at least three years. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

COMPLETING THE APPLICATION FORM

As I said earlier, the application form is an editable PDF, so you can fill it out online or in your PDF reader. If you decide to print it as is and complete it by hand, you must use black ink and capital letters.

I'm simply listing what goes in each field:

1) DATOS DEL SOLICITANTE

This section is about you, the applicant.

PASAPORTE - enter your passport number.

N.I.E. - enter the number if you've got an NIE.

1er Apellido - enter your surname.

2º Apellido - leave blank, or put a long dash in it, unless you've got two surnames.

Nombre - enter your Christian name(s).

Sexo - mark as appropriate - H for male (hombre), M for female (mujer). Don't make the mistake a friend made - he thought M was masculino (male) and H was hembra (female), so he put himself down as M. It apparently caused a bit of levity at Orihuela police station!

Fecha de nacimiento - enter your date of birth in the format dd/mm/yyyy.

Lugar - enter the name of the town where you were born.

Nacionalidad - enter your nationality - BRITÁNICO for a man, BRITÁNICA for a woman.

Estado civil - mark to indicate if single (S), married (C), widowed (V), divorced (D), separated (Sp).

Nombre del padre - enter your father's Christian name(s).

Nombre de la madre - enter your mother's Christian name(s).

Domicilio en España - enter your street name, and suburb etc if appropriate.

Nº - enter your house number.

Piso - enter your flat number if appropriate; otherwise leave blank.

Localidad - enter the name of the town relating to your address.

C.P. - enter your post code.

Provincia - enter the name of your province.

Teléfono móvil - enter your telephone number. If it's a UK mobile number, prefix it with 0044.

E-mail - enter your email address.

Representante legal, en su caso - leave blank unless, for example, acting on behalf of a child, in which case you enter  your own name, or if you're unable to attend for a valid reason then enter the name of your representative.

DNI/NIE/PAS - if the representative is a Spaniard, enter their DNI number or PAS, which, I think, is the number which appears on a Spanish power of attorney. Otherwise enter the representative's NIE.

2) DATOS DEL REPRESENTANTE A EFECTOS DE PRESENTACIÓN DE LA SOLICITUD

This section can be left blank unless you've appointed a representative, or are acting as a guardian, in which case it has to be completed. The only field that is different from those described above is the one for Nombre/Razón Social where, if applicable, Razón Social asks for the name of the company to whom you've granted POA.

Note that the regulations state that you must apply in person, and I assume that this section is for cases where that is impossible e.g. due to illness. I've not been able to confirm whether granting power of attorney to a representative is sufficient, or whether you would also need a statement from your doctor. The other example, as I've indicated above, is if you're acting as a guardian for a minor.

3) DOMICILIO A EFECTOS DE NOTIFICACIONES

This section asks for details about where any notifications should be sent. The only notification you're ever likely to receive is to tell you that your certificate is ready for collection. However, you should complete it. All the fields have already been described above.

CONSIENTO que las comunicaciones y notificaciones se realicen por medios electrónicos

Simply put an x in the box beside this to confirm that you agree to receive notifications by e-mail.

Nombre y apellidos del titular

Just enter your full name.

4) SITUACIÓN EN ESPAÑA

PERÍODO PREVISTO DE RESIDENCIA EN ESPAÑA - in most cases you can just enter PERMANENTE, unless you're staying more than three months but less than six months, in which case enter the duration of your stay.

FECHA DE INICIO DE LA RESIDENCIA EN ESPAÑA - enter the date you took up residence in the format dd/mm/aaaa.

Nº DE FAMILIARES QUE ACOMPAÑAN O SE REÚNEN CON EL SOLICITANTE EN ESPAÑA - this is to enter the quantity of any family members who are applying with you.

RESIDENCIA TEMPORAL - mark the appropriate section:

Trabajador por cuenta ajena - employee.

Trabajador por cuenta propia - self-employed.

No activo con recursos suficientes y seguro de enfermedad - not working in Spain.

Estudiante con recursos suficientes y seguro de enfermedad - student.

Nacional UE/EEE/Suiza, familiar de otro nacional incluido en los apartados anteriores - family member.

DNI/NIE/PAS del ciudadano UE/EEE/Suiza que da derecho - leave blank unless the application is as a family member, then they must enter the NIE number of the person on whom they are dependent.

Vínculo con el ciudadano UE/EEE/Suiza que da derecho - the family member must specify their relationship to the person whose NIE number they have entered above, e.g. esposa, madre, hija, etc.

Las personas abajo firmantes…..

Mark this section if you're in one of the categories that requires you to have private health insurance.

Las personas abajo firmantes…..

Mark this section to confirm your agreement that they can carry out online checks about you.

NO CONSIENTO.....

Marking this box would be stating that you don't agree to them confirming your identity electronically, so leave it alone. If you don't agree to them checking your identity electronically, you'll just be creating problems for yourself, as they would then ask for other documentation.

Place and date fields

The first field is where you stipulate a place, and I suggest you use the name of the town where you are making the application.

The second is for the numeric day of the month.

The third is the month (remember that this needs to be in Spanish, and that it isn't capitalised).

The last is for the year.

For example, the final result could be:

Orihuela, a 27 de agosto de 2018

FIRMA DEL CIUDADANO DE LA UNIÓN (familiar del solicitante)

This is where a family member signs the form. If not applicable, leave blank.

FIRMA DEL SOLICITANTE (o representante legal, en su caso)

This is where you or an appointed representative signs the form. If the form has been completed on behalf of a minor, then this is where the guardian signs.

DIRIGIDA A

This is where you enter the name of the place where you are submitting the application, for example Dirección General de la Policia.

Código DIR3

This is an alpha-numeric identification for the office at which you are applying. Leave it blank, and let the person handling your application fill it in.

PROVINCIA

This is the name of the province in which the office you apply to is situated, for example Alicante.

Nombre y apellidos del titular

Just enter your full name.

ANEXO I

I haven't found an example of how to complete the annexes. If anyone can provide a link for such an example, then I'll revise these instructions.

Anexo I is for listing documents for which verification or consultation is authorised by yourself. However, ÓRGANO and ADMINISTRACIÓN in this context mean authority or government authority, so only enter details of any such documents you are providing. I assume that the supporting documents required by persons working or studying here will fit in this category but, for example, proof of health insurance will not.

ANEXO II

Anexo II is for listing documents you do not authorise them to verify, and I recommend that you leave this blank

WHERE DO YOU GO?

You can apply at the nearest Oficina de Extranjería (foreigners’ department) in your province, or at a National Police Station (Comisaría de Policía).

Foreigners' offices:

You can find all the offices on this link:

http://www.seat.mpr.gob.es/es/portal/servicios/extranjeria/extranjeria_ddgg.html

For Alicante province, there are offices in Alicante & Altea:

Oficina de Extranjería en Alicante

Calle Ebanistería, (Polígono de Babel), 4 y 6

Alicante

Oficina de Extranjería en Altea

Calle San Isidro Labrador, 1

03590 - Altea

The following two links details which municipalities are covered by each office - make sure you go to the correct one.

http://www.consultor.com/oue/terminosAlicante.html

http://www.consultor.com/oue/terminosAltea.html

National police stations:

The following is the website to use to find all the offices:

https://www.policia.es/documentacion/oficinas/oficinas_extran.html

Note that some of the offices listed do not transact residencia applications. The following are those that do.

Alcoy:

Comisaría del Cuerpo Nacional de Policía de Alcoy

C/ Perú, 10.

Benidorm:

Comisaría del Cuerpo Nacional de Policía de Benidorm

C/ Apolo XI, 36.

Dénia:

Comisaría del Cuerpo Nacional de Policía de Dénia

C/ Castell d´Olimbroi, 5.

Elche:

Comisaría del Cuerpo Nacional de Policía de Elche

C/ Abeto, 1 (Carrer l'Avet, 1)

Elda:

Comisaría del Cuerpo Nacional de Policía de Elda-Petrer

C/ Lamberto Amat, 26.

Orihuela:

Comisaría del Cuerpo Nacional de Policía de Orihuela

C/ Sol, 34.

Torrevieja:

Comisaría del Cuerpo Nacional de Policía de Torrevieja

Oficina de Documentación de Españoles y Extranjeros

C/ Arquitecto Larramendi, 3.

Playa Flamenca:

Ayuntamiento de Orihuela Costa (Oficina del Comisaría de Policía de Orihuela Costa)

Plaza del Oriol, 1.

Teulada:

Ayuntamiento de Teulada (Oficina del Cuerpo Nacional de Policía).

Av. de Santa Caterina, 2.

PAYMENT OF THE FEE

The payment form is Modelo 790.

If you go to a national police station or foreigners' office without having pre-paid the fee, they might (but might not!) provide you with the payment form, which you then have to complete, take to a bank and pay the fee, and then go back and try again. It's just not worth the hassle - pre-pay the fee in advance and take the receipted 790 with the rest of the application paperwork.

There are actually two versions of the 790 relevant to residencia. These are '790 Tasa 052' and '790 Código 012'.

790 Tasa 052 is to be used if you are applying at a foreigners' office.

790 Código 012 is to be used if you are applying at a national police station.

NB: Make sure you use the correct one!

790 Tasa 052:

1). You can only do this online if you have an electronic certificate. If you do, this is the starting point (I've opted for the English version):

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on PAY AND SEND THE PAYMENT FORM FOR FEE 052 VIA INTERNET.

If you get a pop-up, just click OK.

On the next (confusing) page, click on Acceso con [email protected]

On the left-hand side of the next page, in the box for eIdentifier, click Access.

Select your electronic certificate and click OK.

On the next page, click your province on the map, and click OK on the pop-up.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Enter the full IBAN number for your bank account, then click on REALIZAR PAGO.

(You can also pay by credit or debit card).

Make sure you print two copies of the receipted 790.

2). If you haven't got an electronic certificate, you can only use this procedure if you've already got an NIE number, as this is one of the mandatory fields that must be completed, and you can't download a blank form.

Go to:

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on COMPLETE AND PRINT THE PAYMENT FORM FOR FEE 052.

On the next page, click your province on the map, and click OK on the pop-up.

Enter your details in the IDENTIFICATION section.

In the Nationality window, you need to select REINO UNIDO from the drop-down list.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Then go to the bottom section of the form.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Under PAYMENT you need to select one of two options - cash or by transfer from your bank account.

If you select the latter, you need to enter the full IBAN for your bank account.

Then click on Obtain Document.

This downloads the 790 as a PDF.

Print the first three pages - you don't need the last one.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

NB: Don't solicit residencia at a foreigners' office if you haven't got either an NIE or electronic certificate, unless you want to pay a prior visit and ask for a hard-copy of the form.

790 Código 012:

Go to (there isn't an English version):

https://sede.policia.gob.es:38089/Tasa790_012/ImpresoRellenar

In the N.I.F./N.I.E. field, enter your NIE number if you've got one; otherwise enter your passport number.

In the Apellidos y nombre o razón social field, put your surname, a comma, then your first name(s).

In the Tipo de vía field, put what type of road you live on - calle etc.

In the Nombre de la vía pública field, put the name of the road you live on, less what you've done above.

In the Núm. Field, put your house number or apartment block number.

If you live in a flat, put your flat number in the Piso field.

The Teléfono field isn't mandatory, but if you don't enter your telephone number, you'll later be recommended to do so.

In the Municipio field, enter the name of the town where you live - you can enter more than one word, for example Mudamiento, Orihuela.

In the Provincia field, enter the name of the province where you live.

In the Código Postal field, enter your post code.

In the section for Tarjetas de identidad de extranjeros (TIE) y certificados de registro de residentes comunitarios,

click the box at the right of .Certificado de registro de residente comunitario…

The amount of the fee (€12.00) appears in the Ingreso section at the bottom.

In Localidad, enter the name of your home town.

Under Forma de pago you need to select one of two options.

En efectivo means that you are going to pay in cash.

E.C. Adeudo en cuenta means you want payment to be from your bank account, in which case you need to enter the full IBAN for your bank account in the Código IBAN de la cuenta field.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Then click on Descargar impreso rellenado.

This doesn't actually do a download, but instead opens a PDF of the completed form.

Right-click on this to save it, or just print it without saving.

You don't need to print the last page.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

Final note:

There's a strange anomaly that only appeared recently about going to a foreigners' office or a police station. The foreigner's office fee is €10.82, whereas the police fee is €12.

(When we got our residencias in 2006, the fee was €6.70).

APPOINTMENT

A prior appointment is necessary. Ensure this is in the name of the person applying. It used to be the case that solicitors, gestors etc, would make block bookings in the hope they'd be able to fill those slots. When they didn't, they simply didn't turn up, which wasted police time, so many police stations are now insisting that appointments be in the name of the applicant. That obviously stops anyone from booking slots in advance.

If there are two or more of you, you need to make a separate appointment for each person.

You need to take a copy of the appointment you have made.

For Alicante, Benidorm, Denia, Elche, Elda, Orihuela, Playa Flamenca and Torrevieja, you can make an appointment online. Start here:

https://sede.administracionespublicas.gob.es/icpplus/

The website can be a bit creaky, so don't be surprised if you have to load it several times, or try at different times of the day.

In the blue Seleccionar box, click the drop-down arrow and select e.g. Alicante, then click Aceptar.

Click the blue box by TRÁMITES DISPONIBLES PARA LA PROVINCIA SELECCIONADA and select POLICIA-CERTIFICADOS UE, then click Aceptar.

On the next page click ENTRAR.

You then have the option of identifying yourself by NIE number or passport, and also need to enter your name. You are warned that the name you enter must be identical to that shown on your NIE or passport, and that if you enter your NIE number, then you must do so without hyphens.

Click on the box in the CAPTCHA and click Aceptar.

On the next page click Solicitar Cita.

Click in the blue box and select which office you want to go to, then click Siguiente.

Enter your telephone number, then enter your email address in the other two boxes. This will be used to send you confirmation of the appointment if you want this. You are warned that there is a problem with hotmail addresses. Then click on Siguiente.

You are then shown the next available appointment(s). If one is OK for you, click on that so it turns red, then click on Siguiente.

In the pop-up box, click OK.

Put a tick in the box beside Estoy conforme..., and if you want to receive email confirmation, tick the box beside Deseo recibir...

To finalise the appointment, click on Confirmar.

Click on "Imprimir" to print the appointment.

As a side note, I checked how long one has to wait to get an appointment, and this varied between eight and ten weeks, with the exception of Torrevieja, which was five weeks.

For Alcoy, Altea and Teulada, I'm unable to find an online way of making an appointment. It therefore appears that you will have to make an initial visit to the office in question in order to make an appointment.

BEFORE YOU GO

It might help to reduce the stress on your appointment day if you make a prior visit to the office in question. You'll then be able to find out where to park, how long it will take from parking to arriving at the office, and what the set-up is there; for examples, whether there is a desk where you show your appointment or a machine in which you enter your details, where is the monitor which tells you when it's your turn, and are the desks you have to go to clearly numbered. Also, if the office is one for which you cannot make an appointment on line, you can ask if you can make an appointment whilst you're there, ask when the quietest time is, see if there's a machine from which to take a deli ticket (turno), etc.

Parking near Elche police station can be difficult, whereas at Orihuela it's easy to park at the Ociopia shopping centre and walk over the bridge.

DOING THE DEED

I recommend that you take someone with you who speaks Spanish. Procedures vary between the various offices and even between individuals in an office.

What happens when you get to your chosen location depends on where you're going, but make sure you've got your appointment on top of the pile of papers you're clutching.

You will probably need to see someone on reception, and to take or be issued with a turno (deli ticket).

When it's your turn, just smile nicely, apologise for your poor Spanish, and pass the pile of papers across the desk - you'll have time to bite your finger-nails while you're waiting!

It might help to keep a document back. If the official then says you're missing something, ask him if that's the only thing that's missing, and then produce it. That way he will have no excuse to complain that the application is incomplete.

All being well you may be given a residencia certificate on the spot, or you may be given a resguardo (receipt) and asked to return within the next few days.

If your application is not accepted for some reason, you have ten days in which to return and re-submit the application. If you do not do that within ten days, then your application is considered to have been withdrawn, and you'll have to start all over again.

ONCE YOU'VE GOT YOUR RESIDENCY CERTIFICATE

The first thing you must do is make one or more copies. You could also if you wish get a certified copy (compulsado) at a notary, or possibly at a national police station or town hall. I suggest that if you want to carry the certificate in your wallet, then make a good quality colour copy and laminate that.

If you haven't already got a padrón, then go and do so.

Change your non-resident bank account into resident account (lower charges).

Be aware that as a resident in Spain, you are only entitled to an EHIC (strictly speaking it is for residents here an EHIC-E) if you've got an S1 or are a student.

DOES IT NEED RENEWAL?

No! It's for life, unless you leave Spain for an extended period, or unless your details change.

If you've got the old-style A4 certificate, then you can voluntarily change it for the credit-card size, but with Brexit looming, there's no point in doing this.

On the subject of Brexit, after which we'll need a different type of residencia, then that will need renewing every five years.

PERMANENT RESIDENCY CERTIFICATE

After five years of legal residence, you can apply for a certificate of permanent residence of an EU citizen. This means that you will be issued with a new certificate with the word Permanente on it. However, in my opinion, there is no point in doing so, as after five years of legal residency, you will automatically have the right of permanent residence (as a citizen of the EU), and don't need your residency certificate to state this. Post-Brexit, such a certificate would have no more worth than a certificate without the word Permanente on it.

If, however, you wish to do this, no documentation should be required regarding health cover or finances, as you have lived in Spain for a continuous period of five years, and this can be verified by the authorities. You'd just need an EX-18, passport, payment of the fee, and prior appointment. On the EX-18, you select RESIDENCIA PERMANENTE and mark the relevant category below that.

There are also circumstances under which you can apply for a permanent residency certificate before completing five years here, and for this you will be required to prove that you've been here for the for the period in question, and that you fit into one of the relevant categories:

a). You are employed or self-employed, having lived here for three years and worked for one year, and are finishing work because you have reached the age set by Spanish law for retirement with the right to a pension.

b). You were employed or self-employed and ceased working due to permanent disability, having lived here for two years. The two years requirement doesn't apply if disability was caused by an accident at work or occupational illness, which results in you being paid, in whole or in part, a state disability pension.

c). You are employed or self-employed, having lived and worked here for three years, and now work in another EU state as a cross-border worker but keep your principal residence here and return at least once a week.

d). Family members who have lived with someone who has died, provided that the deceased had lived here at least two years, or whose death was due to an accident at work or an occupational illness.

LOSING YOUR RIGHT TO RESIDENCY IN SPAIN?

Your continuity of residence is not affected by temporary absences of less than 6 months a year or one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.

You can lose the right to permanent residence if you live outside Spain for more than 2 consecutive years.

CHANGE OF DETAILS

You are obliged to notify the authorities if any of the details used to obtain your residencia change.

Such changes include moving to a new address, changing surname due to marriage, and renewing a passport.

If it's a change of address, ensure you're on the padrón at your new address, as the authorities will carry out an online check.

If it's a change of name, you will need to take your marriage certificate.

If it's a change of passport, you'll need to take your new one (I'd also take the old one if you've got it).

You have to use the EX-18 to notify the change, clicking the MODIFICACIÓN box, and then clicking the relevant box in this section.

I've also found a form on this government website for 'Comunicación al registro central de extranjeros de cambios de situación':

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Modelos_comunicaciones/COMUNICACION-CAMBIO-SITUACION.pdf

This actually looks far too simple to be true - fill it in and post or deliver it. The problem is that your change of details might, if you're lucky, be recorded in the system, but I can't see the authorities sending you a new residencia certificate.

There is also an online way of notifying a change of address if you've got an electronic certificate, and one of the authorities that are notified is DGP - the police, but again I can't see the authorities sending you a new residencia certificate:

https://cambiodomicilio.redsara.es/pcd/

Question to other forum members:

Anyone renewed their UK passport and not reported the change of passport number?

OBTAINING A DUPLICATE CERTIFICATE

There are circumstances when you need to replace a residencia - you've lost it, it's been stolen, or it's become damaged.

If you lose your residencia, even if it's not been stolen, you must go to a Comisaría de Policía (National Police station) and make a denuncia stating you have lost it; and if known stating where and when this happened.

You can make the process easier by filing the denuncia online, then going along to the police station with the reference number that the online system generated, and signing the report. Start here:

https://denuncias.policia.es/OVD/

Although the online system is in English, you should fill in the details you are reporting in Spanish.

You will need to take your original copy of the denuncia with the other paperwork when you go to obtain your duplicate residencia.

If it's damaged, then take that with you.

To be on the safe side, also take a padrón, your passport, SIP card, and proof of finances as in the initial application process, but don't offer them unless prompted.

There isn't a specific section on the EX-18 to request a duplicado, but I suggest clicking the MODIFICACIÓN box, then OTROS, and enter the reason:

Extravío - loss

Deterioro - deterioration or damage

Sustracción - theft


There are very few people that would take all this time to help others, Jim. I am sure that the info you give is invaluable to newcomers. You are an absolute legend!

 

Teresa35

Sat Aug 25, 2018 7:10pm

Posts: 44

Location: Villamartin

4 helpful posts

Posted: Sat Aug 25, 2018 7:10pm

Angie1 wrote:

Thank you very much. This is really comprehensive.

Thank you 

You have given me hope of understanding this process.

I am now going to read it a few times - this is just what i needed 

Thanks once again 

All the best

Teresa 

Diane44

Sat Aug 25, 2018 8:16pm

Posts: 5

Location: Bigastro

6 helpful posts

Posted: Sat Aug 25, 2018 8:16pm

jimtaylor wrote:

THE REASON FOR THIS GUIDE

There is so much information on the internet, and on this forum, about residency, that a guide such as this should not be necessary. However, many people keep asking the same old questions, presumably because they either struggle to do an effective search, or don't always understand what they find. In some ways I can sympathise, as many of the articles about residency are out of date, incomplete, or lacking in detailed instructions. Although there is a lot of good information on our forum, it's in numerous threads and, like every forum I've ever known, the search facility isn't as good as it might be.

I decided therefore to produce this guide in an attempt to put all the necessary information in one place. Hopefully this will provide a resource for people who need to know about residency and, in the longer term, save people like Nicola and myself from having to keep answering questions, either on the open forum or by PMs.

I'd point out that it takes a long time to produce a comprehensive guide like this, and I just hope that I haven't been wasting my time. I'll have to wait and see what the responses are and also how many people click the Helpful button. At the worst, I'll use it as a model for the situation post-Brexit.

It's a long guide simply because I wanted to make it as comprehensive as possible. It could get even longer if I get feedback about additional information!

WHAT'S IT ALL ABOUT, ALFIE?

'Residencia' is what most of us call the green paper or card that we receive when we register as residents, and the word residencia does appear in the descriptive text about the subject, but what we actually receive is a certificate of residency. It is only non-EU citizens who receive a card with the word Residencia on it. Be that as it may, I'll continue to call it residencia.

You can stay in Spain for up to three months, and for that all you need is your passport. For stays of more than three months, it is a legal requirement that you register your presence.

You don't have to wait three months before you apply for residencia - you can do it as soon as you make the permanent move out here.

A residencia certificate (CERTIFICADO DE REGISTRO DE CIUDADANO DE LA UNIÓN) is a document certifying that someone from another EU country is legally resident in Spain, and that the person is registered on the Central Register of Foreign Nationals (Registro Central de Extranjeros).

It used to be an A4 piece of green paper, but for some years now it has been issued as a credit card size piece of card. It contains the person's name, date and place of birth, nationality, address, NIE number, and date of issue. It does not have an expiry date.

It cannot be used as proof of identity, but the credit card size of certificate is easier to carry than the A4 NIE document, for occasions when you need to show your NIE number.

Part of the application process is that you have to prove that you will not be a financial burden on the state, by providing proof of an acceptable level of income, and by providing proof of health cover. More on these topics later.

You don't need to have previously obtained an NIE number before applying for residencia - the NIE number can be obtained as part of the residencia process.

ADVANTAGES

In my opinion, the principal advantage is that you are complying with the law, and therefore legally resident. This could well be advantageous post-Brexit.

Most of the material advantages revolve around the fact that if you're resident in Spain, then you pay residents' taxes here. If you're not legally resident, then you're classed as non-resident.

For examples:

Non-residents pay an annual tax based on the value of their property. Residents do not pay this tax.

Non-residents with rental income have to do a quarterly tax return for any rental income they receive. Residents include rental income in their annual tax return. If you pay someone else to do your returns, then a non-resident pays for four returns whilst a resident pays for one. Also, a resident has the advantage of the various tax allowances.

Inheritance tax prior to Brexit is the same for residents and non-residents. Post-Brexit, unless the current law is amended (which may well be the case), inheritors will only receive the national tax allowance, which is very much lower than the regional Valencian allowance.

If a non-resident sells a property in Spain, then the buyer retains 3% of the price and pays this to the tax office. This can be recovered if it's more than the tax due, but it could be a lengthy process.

Post-Brexit, non-EU non-residents who sell a property will pay a higher rate of capital gains tax than do EU citizens.

If a resident sells his principal residence and re-invests the proceeds in another property, then he doesn't pay capital gains tax on the sale of the first property.

There are several other aspects as well, for examples:

A non-resident can potentially have his car impounded if stopped for a traffic offence.

Some municipalities offer benefits to residents

Having a non-resident bank account incurs considerable charges that resident accounts do not have.

RELEVANT LEGISLATION

If you fancy a bit of light reading, the following is some of the legislation related to the subject:

E.U. Directive 2004/38/EC

Real Decreto 240/2007

Real Decreto 557/2011

Ley 6/2018

Orden PRE/1490/2012

Where I provide quotes from the legislation in subsequent sections, these are my translations.

DOCUMENTS REQUIRED

Application form:

The application form is the EX-18. Post-Brexit it will probably be EX-17, but that will be a separate topic when the time comes.

There are a great many links to the EX-18 on the internet, and even active links to the old EX-16, which became redundant some years ago. Some of the links to the EX-18 are for old formats. The links to the current format are:

Immigration office:

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/18-Certificado_Residencia_comunitaria.pdf

National police station:

https://sede.policia.gob.es/portalCiudadano/extranjeria/EX18.pdf

Irrespective of which link you follow, both give the same form. This is an editable PDF. It can be completed online then downloaded or printed, or it can be downloaded as is and then completed in your PDF reader.

You need to take two completed copies.

See later for completion instructions.

Passport:

Valid passport and copy.

If it has expired and you've sent it back to the UK for renewal, a copy of both the passport and the renewal application must be provided.

NIE?:

There isn't any requirement to provide an NIE. However, as the various offices that issue residencias seem to operate to their own rules, then I suggest that you take your NIE if you've got one, just in case.

Padrón?:

As above, there isn't any requirement to provide a copy of your padrón but, again, you could take one just to prove your address. Alternatively, you could take your escritura, a nota simple or a long-term rental contract. If your town hall won't let you register on the padrón because you don't have residencia, ask if they'd issue you with a temporary one if you return with a copy of the appointment you will be making for your residencia application.

Photograph?:

This definitely is not required.

Other requirements:

Other things you need to produce all depend on what category of applicant you are. These are detailed in the following sections.

Students:

A student has the right to live in Spain whilst studying or undergoing professional training, for the duration of this, provided he/she produces documentary proofs of:

a). Enrolment in a  education institution (state or private) that is either funded or recognised by the Spanish education authorities.

b). Having public or private health insurance, contracted either in Spain or in another country, that provides complete cover in Spain.

The law states:

However, this condition will be deemed to be met if the student has a European Health Insurance Card that is valid for a period that covers the entire period of residence and that allows him to receive, exclusively, any medical assistance that is necessary from a medical point of view, taking into account the nature of the assistance and the envisaged duration.

I find this somewhat strange - it implies that the law considers anyone young enough to be a student to be healthy enough to only require cover for emergency treatment.

c). Provision of a sworn statement that of having sufficient financial resources for oneself and any family members, so there is no risk of becoming a burden on Spain’s social security system during the period of residence.

Compliance with this requirement is considered to be met by producing proof of taking part in a EU educational exchange programme for students and teachers.

Note:

You could lose your right to residency if you complete your studies and are unable to prove you are working or have sufficient financial resources to support yourself, and family members if applicable.

Employed:

By employed, I mean legally employed with a contract and paying social security contributions.

You need to produce, from your employer, a contract or certificate of employment (certificado de vida laboral) for a minimum of six months, to prove that you are employed here. The contract must include, at least, the name and address of the company, and its tax code and social security contribution code.

If you are not yet working, you will need proof of a job offer that has been registered with the Ministry of Labour (Servicio Público de Empleo).

You may need to consent to checks being carried out about you with Social Security contribution records (Ficheros de la Tesorería General de la Seguridad Social), to prove that you are paying Social Security contributions.

Self-employed:

By self-employed, I mean paying social security contributions and being registered with the relevant authorities.

You must provide evidence that you are self-employed (Autónomo) by providing one of the following:

a). Registration on the Economic Activities list (Censo de Actividades Económicos).

b). Proof that your business is in the Companies Register (Registro Mercantil).

c). Proof of registration with the Social Security system.

d). Giving consent to your details being checked in the Social Security General Treasury records (Ficheros de la Tesorería General de la Seguridad Social) or those of the Tax Agency (Agencia Tributaria).

Jobseeker:

I'm including this as a separate category because jobseekers seem to be treated differently under EU rules. However, I've been unable to find any mention of different treatment for jobseekers in Spanish legislation.

The EU view seems to be that a jobseeker can stay in another EU state for six months without having to register as a resident and without having to prove that you can support yourself financially.

After six months without finding a job, the authorities could re-assess your entitlement to stay in the country, and you'd need to provide proof that you're actively seeking work and, moreover, have a reasonable chance of finding a job.

As you've not been paying into the social security system, you do not have any entitlement to non-contributory benefits.

Bear in mind that I can't find the above information in Spanish legislation, so it appears that jobseekers should be grouped within the category of people not working in Spain.

Not working in Spain:

This category includes pensioners and those who have retired early. You need to provide two things:

1). Proof of health cover:

The law states:

You must also provide public or private health insurance, contracted in Spain or in another country, that provides coverage in Spain during your period of residence equivalent to that provided by the National Health System.

If you're in receipt of the UK state retirement pension, or an 'exportable benefit' like Disability Living Allowance, you need to get from DWP at Newcastle a form S1, which enables you to transfer your health cover from the UK to Spain.

If anyone has a problem with their S1 being accepted, refer the clerk to the following government website:

http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html

where it states:

Los pensionistas cumplen con esta condición aportando certificación de disponer de asistencia sanitaria con cargo al Estado por el que perciben pensión.

Nota importante: cuando se aporten documentos de otros países deberán estar traducidos al castellano o lengua cooficial del territorio donde se presente la solicitud.

Cuando se trate de formularios estándares de la Unión Europea no será necesaria ni su traducción, ni su legalización de conformidad con lo dispuesto en la normativa comunitaria que los ampara. Por ejemplo: modelos de asistencia sanitaria S1, E109, E 121...

This is a very clear statement that an S1 is acceptable, and that it does not need translating.

If you're not entitled to an S1, you need to have private health insurance, contracted in Spain or in another country, that provides full cover in Spain, equivalent to that provided by the Spanish National Health System (Sistema Nacional de Salud).

The emphasis is on full cover, i.e, it must cover pre-existing conditions, cover unlimited hospital stays, and not be subject to co-payments.

To avoid people taking out such a policy and then cancelling it after obtaining residencia, you need to provide proof that you have paid for twelve months cover.

The insurance company should provide a certificate confirming that the policy meets residencia requirements and has been paid for one year, and you should present this certificate and not the actual policy - but take the policy with you just in case.

2). Proof of finances:

What you need to do is to prove that you have sufficient resources (including for family member(s) if applicable) that you're not going to become a financial burden on the Spanish social services.

To quote from Orden PRE/1490/2012:

Accreditation of the possession of sufficient resources, whether by periodic income, including work or other income, or by the possession of an estate, shall be carried out by any means of proof admitted by law, such as property titles, certified checks , documentation justifying obtaining capital income or credit cards. In this latter case, an up to date bank certificate proving the amount available by way of credit on the aforesaid card shall be produced.

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

The assessment of sufficient resources must be carried out on an individual basis, taking into account the applicant’s personal and family circumstances. The possession of resources that are more than the amount established each year by the State General Budgets Act (Ley de Presupuestos Generales de Estado) that justifies the right to receive non-contributory benefits, taking into account the interested persons’ personal and family circumstances, will be regarded as sufficient proof to meet this requirement.

To simplify the above, you need to prove that you have a regular income or own a capital asset. Acceptable income can be from a pension, salary, income from capital, property rental etc. Unfortunately, the legislation does not specify the period for which you need to prove the regular income. If you own a property in the UK, then in theory it should be sufficient to produce the deeds, although these would need to be translated and bear the Hague Apostille, and the same would apply to bonds or shares etc. Documents can also be legalised beforehand by the Spanish Consular Office in the UK or by the Ministerio de Asuntos Exteriores y de Cooperación.

Some offices might accept proof of ownership of such an asset instead of proof of a regular income, and others might want proof of both bank balance and income. I disagree that you should be asked to prove a bank balance, but you'd have to be a brave person to start arguing the toss over this with whoever processes your application!

Some offices may accept a current bank balance in excess of €6,000, whereas others might be satisfied with statements showing consecutive monthly deposits of €600; and some might be satisfied with evidence of three monthly deposits, whereas others might want to see six monthly deposits. It's best to go prepared with as much evidence as you can gather.

The obvious way to prove proof of income is to provide bank statements. You could also ask your bank if they will provide a 'certificado bancario' stating that you have a regular income with them. I think it would also be wise to have to hand - but not produce unless challenged - a document proving that it is a regular income - like DWP's notice regarding the annual increase in your pension.

The reference above to the “Ley de Presupuestos Generales de Estado” is important, as it is this law which defines the amount of income that yours must exceed. There is a new law published every year, and that published in 2018 (Ley 6/2018) with the figures for 2018 states that for an individual, the amount is €5178,60 p.a., which is €431.55 p.m. This is well below the amount that immigration and police offices require, and I think they may be using another indicator in the law, known as the IPREM (Indicador Público de Renta de Efectos Múltiples), which is €6454.03 p.a. or €537.84 p.m.

I can well understand the authorities rounding this up to €600 for the purposes of residencia, to ensure that a person's income doesn't dip below the benefit threshold due exchange rate fluctuations.

If there are two or more of you applying as a family unit, and you don't all individually have income exceeding the minimum, then it gets a bit more complicated, as it depends on the relationship between you.

If you live only with your spouse and/or second-degree blood relatives (brother-sister, grandchild or grandparent), then the amounts are:

Two people: €8,803.62

Three people: €12,428.64

Four people: €16,053.66

Five people: €19,678.68

If among the blood relatives with whom you live, there is one of first-degree (parents or children), then the official amounts are:

Two people: €22,009.05

Three people: €31,071.60

Four people: €40,134.15

Five people: €49,196.70

The above figures are those specified by social services but, to me, seem ridiculously high in the context of qualifying for residencia. I am of the opinion that the qualifying amounts will be simple multiples of the IPREM referred to above.

If you apply as a couple, and your spouse on their own doesn't meet the residencia requirements because their income is below that required, and so makes her application as a family member (see later), and your combined income meets the requirements for two people, then it might be helpful to take your marriage certificate, and produce this if challenged.

As a final note to this topic, post-Brexit anyone applying for an identity card (TIE) will have to show resources of four times the IPREM referred to above, i.e. €2151.36 p.m. If some form of agreement isn't reached about this requirement, then very few people will be able to come and legally live in Spain.

Children:

I can't find anything specific about this in the legislation, so the following is just a guess regarding the requirements. If anyone has done it, I'd welcome feedback.

Passport of both child and applicant parent.

Parent's residency certificate.

Marriage certificate.

Child's birth certificate - probably with an official translation if not born in Spain.

Libro de Familia if born in Spain.

You may need to provide a sworn statement (declaracion jurada) to attest to the family relationship.

Family members:

In this section, I am looking at family members who are unable to apply for residencia in their own right - for example, their income may not be sufficient to meet the requirements. In that sense, this section deals with those who can be regarded as dependants.

This is potentially a very large topic, as there are so many possible permutations, but I'm only going to cover the most common situations.

EU spouse or partner and other direct family members:

Your own residency certificate.

Proof of the applicant's family relationship with you, e.g. a marriage or birth certificate.

Proof that children or grandchildren are under 21 or dependent on you.

Proof that parents or grandparents are dependent on you.

Proof if they are seriously ill and need you to take care of them personally.

Proof you have sufficient means to support all the members of your family who are with you, including full medical cover.

If you're not married, you may need a 'certificado de convivencia' from the town hall (it's like a padrón). You need to prove stable cohabitation of at least one year unless you have children, in which case this is taken as providing the necessary proof.

If your family member is not an EU citizen, then they need to apply for a 'tarjeta de residencia de familiar de ciudadano de la UE', and for this the application form is Modelo EX19. It's a different procedure resulting in the issue of a plastic card bearing a photograph and thumb-print.

Death:

The death of a spouse will not immediately affect the right of residence of family members. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

Divorce or separation:

In the event of divorce or legal separation, the family member retains the right to residency provided the couple have been legally resident for at least three years. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

COMPLETING THE APPLICATION FORM

As I said earlier, the application form is an editable PDF, so you can fill it out online or in your PDF reader. If you decide to print it as is and complete it by hand, you must use black ink and capital letters.

I'm simply listing what goes in each field:

1) DATOS DEL SOLICITANTE

This section is about you, the applicant.

PASAPORTE - enter your passport number.

N.I.E. - enter the number if you've got an NIE.

1er Apellido - enter your surname.

2º Apellido - leave blank, or put a long dash in it, unless you've got two surnames.

Nombre - enter your Christian name(s).

Sexo - mark as appropriate - H for male (hombre), M for female (mujer). Don't make the mistake a friend made - he thought M was masculino (male) and H was hembra (female), so he put himself down as M. It apparently caused a bit of levity at Orihuela police station!

Fecha de nacimiento - enter your date of birth in the format dd/mm/yyyy.

Lugar - enter the name of the town where you were born.

Nacionalidad - enter your nationality - BRITÁNICO for a man, BRITÁNICA for a woman.

Estado civil - mark to indicate if single (S), married (C), widowed (V), divorced (D), separated (Sp).

Nombre del padre - enter your father's Christian name(s).

Nombre de la madre - enter your mother's Christian name(s).

Domicilio en España - enter your street name, and suburb etc if appropriate.

Nº - enter your house number.

Piso - enter your flat number if appropriate; otherwise leave blank.

Localidad - enter the name of the town relating to your address.

C.P. - enter your post code.

Provincia - enter the name of your province.

Teléfono móvil - enter your telephone number. If it's a UK mobile number, prefix it with 0044.

E-mail - enter your email address.

Representante legal, en su caso - leave blank unless, for example, acting on behalf of a child, in which case you enter  your own name, or if you're unable to attend for a valid reason then enter the name of your representative.

DNI/NIE/PAS - if the representative is a Spaniard, enter their DNI number or PAS, which, I think, is the number which appears on a Spanish power of attorney. Otherwise enter the representative's NIE.

2) DATOS DEL REPRESENTANTE A EFECTOS DE PRESENTACIÓN DE LA SOLICITUD

This section can be left blank unless you've appointed a representative, or are acting as a guardian, in which case it has to be completed. The only field that is different from those described above is the one for Nombre/Razón Social where, if applicable, Razón Social asks for the name of the company to whom you've granted POA.

Note that the regulations state that you must apply in person, and I assume that this section is for cases where that is impossible e.g. due to illness. I've not been able to confirm whether granting power of attorney to a representative is sufficient, or whether you would also need a statement from your doctor. The other example, as I've indicated above, is if you're acting as a guardian for a minor.

3) DOMICILIO A EFECTOS DE NOTIFICACIONES

This section asks for details about where any notifications should be sent. The only notification you're ever likely to receive is to tell you that your certificate is ready for collection. However, you should complete it. All the fields have already been described above.

CONSIENTO que las comunicaciones y notificaciones se realicen por medios electrónicos

Simply put an x in the box beside this to confirm that you agree to receive notifications by e-mail.

Nombre y apellidos del titular

Just enter your full name.

4) SITUACIÓN EN ESPAÑA

PERÍODO PREVISTO DE RESIDENCIA EN ESPAÑA - in most cases you can just enter PERMANENTE, unless you're staying more than three months but less than six months, in which case enter the duration of your stay.

FECHA DE INICIO DE LA RESIDENCIA EN ESPAÑA - enter the date you took up residence in the format dd/mm/aaaa.

Nº DE FAMILIARES QUE ACOMPAÑAN O SE REÚNEN CON EL SOLICITANTE EN ESPAÑA - this is to enter the quantity of any family members who are applying with you.

RESIDENCIA TEMPORAL - mark the appropriate section:

Trabajador por cuenta ajena - employee.

Trabajador por cuenta propia - self-employed.

No activo con recursos suficientes y seguro de enfermedad - not working in Spain.

Estudiante con recursos suficientes y seguro de enfermedad - student.

Nacional UE/EEE/Suiza, familiar de otro nacional incluido en los apartados anteriores - family member.

DNI/NIE/PAS del ciudadano UE/EEE/Suiza que da derecho - leave blank unless the application is as a family member, then they must enter the NIE number of the person on whom they are dependent.

Vínculo con el ciudadano UE/EEE/Suiza que da derecho - the family member must specify their relationship to the person whose NIE number they have entered above, e.g. esposa, madre, hija, etc.

Las personas abajo firmantes…..

Mark this section if you're in one of the categories that requires you to have private health insurance.

Las personas abajo firmantes…..

Mark this section to confirm your agreement that they can carry out online checks about you.

NO CONSIENTO.....

Marking this box would be stating that you don't agree to them confirming your identity electronically, so leave it alone. If you don't agree to them checking your identity electronically, you'll just be creating problems for yourself, as they would then ask for other documentation.

Place and date fields

The first field is where you stipulate a place, and I suggest you use the name of the town where you are making the application.

The second is for the numeric day of the month.

The third is the month (remember that this needs to be in Spanish, and that it isn't capitalised).

The last is for the year.

For example, the final result could be:

Orihuela, a 27 de agosto de 2018

FIRMA DEL CIUDADANO DE LA UNIÓN (familiar del solicitante)

This is where a family member signs the form. If not applicable, leave blank.

FIRMA DEL SOLICITANTE (o representante legal, en su caso)

This is where you or an appointed representative signs the form. If the form has been completed on behalf of a minor, then this is where the guardian signs.

DIRIGIDA A

This is where you enter the name of the place where you are submitting the application, for example Dirección General de la Policia.

Código DIR3

This is an alpha-numeric identification for the office at which you are applying. Leave it blank, and let the person handling your application fill it in.

PROVINCIA

This is the name of the province in which the office you apply to is situated, for example Alicante.

Nombre y apellidos del titular

Just enter your full name.

ANEXO I

I haven't found an example of how to complete the annexes. If anyone can provide a link for such an example, then I'll revise these instructions.

Anexo I is for listing documents for which verification or consultation is authorised by yourself. However, ÓRGANO and ADMINISTRACIÓN in this context mean authority or government authority, so only enter details of any such documents you are providing. I assume that the supporting documents required by persons working or studying here will fit in this category but, for example, proof of health insurance will not.

ANEXO II

Anexo II is for listing documents you do not authorise them to verify, and I recommend that you leave this blank

WHERE DO YOU GO?

You can apply at the nearest Oficina de Extranjería (foreigners’ department) in your province, or at a National Police Station (Comisaría de Policía).

Foreigners' offices:

You can find all the offices on this link:

http://www.seat.mpr.gob.es/es/portal/servicios/extranjeria/extranjeria_ddgg.html

For Alicante province, there are offices in Alicante & Altea:

Oficina de Extranjería en Alicante

Calle Ebanistería, (Polígono de Babel), 4 y 6

Alicante

Oficina de Extranjería en Altea

Calle San Isidro Labrador, 1

03590 - Altea

The following two links details which municipalities are covered by each office - make sure you go to the correct one.

http://www.consultor.com/oue/terminosAlicante.html

http://www.consultor.com/oue/terminosAltea.html

National police stations:

The following is the website to use to find all the offices:

https://www.policia.es/documentacion/oficinas/oficinas_extran.html

Note that some of the offices listed do not transact residencia applications. The following are those that do.

Alcoy:

Comisaría del Cuerpo Nacional de Policía de Alcoy

C/ Perú, 10.

Benidorm:

Comisaría del Cuerpo Nacional de Policía de Benidorm

C/ Apolo XI, 36.

Dénia:

Comisaría del Cuerpo Nacional de Policía de Dénia

C/ Castell d´Olimbroi, 5.

Elche:

Comisaría del Cuerpo Nacional de Policía de Elche

C/ Abeto, 1 (Carrer l'Avet, 1)

Elda:

Comisaría del Cuerpo Nacional de Policía de Elda-Petrer

C/ Lamberto Amat, 26.

Orihuela:

Comisaría del Cuerpo Nacional de Policía de Orihuela

C/ Sol, 34.

Torrevieja:

Comisaría del Cuerpo Nacional de Policía de Torrevieja

Oficina de Documentación de Españoles y Extranjeros

C/ Arquitecto Larramendi, 3.

Playa Flamenca:

Ayuntamiento de Orihuela Costa (Oficina del Comisaría de Policía de Orihuela Costa)

Plaza del Oriol, 1.

Teulada:

Ayuntamiento de Teulada (Oficina del Cuerpo Nacional de Policía).

Av. de Santa Caterina, 2.

PAYMENT OF THE FEE

The payment form is Modelo 790.

If you go to a national police station or foreigners' office without having pre-paid the fee, they might (but might not!) provide you with the payment form, which you then have to complete, take to a bank and pay the fee, and then go back and try again. It's just not worth the hassle - pre-pay the fee in advance and take the receipted 790 with the rest of the application paperwork.

There are actually two versions of the 790 relevant to residencia. These are '790 Tasa 052' and '790 Código 012'.

790 Tasa 052 is to be used if you are applying at a foreigners' office.

790 Código 012 is to be used if you are applying at a national police station.

NB: Make sure you use the correct one!

790 Tasa 052:

1). You can only do this online if you have an electronic certificate. If you do, this is the starting point (I've opted for the English version):

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on PAY AND SEND THE PAYMENT FORM FOR FEE 052 VIA INTERNET.

If you get a pop-up, just click OK.

On the next (confusing) page, click on Acceso con [email protected]

On the left-hand side of the next page, in the box for eIdentifier, click Access.

Select your electronic certificate and click OK.

On the next page, click your province on the map, and click OK on the pop-up.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Enter the full IBAN number for your bank account, then click on REALIZAR PAGO.

(You can also pay by credit or debit card).

Make sure you print two copies of the receipted 790.

2). If you haven't got an electronic certificate, you can only use this procedure if you've already got an NIE number, as this is one of the mandatory fields that must be completed, and you can't download a blank form.

Go to:

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on COMPLETE AND PRINT THE PAYMENT FORM FOR FEE 052.

On the next page, click your province on the map, and click OK on the pop-up.

Enter your details in the IDENTIFICATION section.

In the Nationality window, you need to select REINO UNIDO from the drop-down list.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Then go to the bottom section of the form.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Under PAYMENT you need to select one of two options - cash or by transfer from your bank account.

If you select the latter, you need to enter the full IBAN for your bank account.

Then click on Obtain Document.

This downloads the 790 as a PDF.

Print the first three pages - you don't need the last one.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

NB: Don't solicit residencia at a foreigners' office if you haven't got either an NIE or electronic certificate, unless you want to pay a prior visit and ask for a hard-copy of the form.

790 Código 012:

Go to (there isn't an English version):

https://sede.policia.gob.es:38089/Tasa790_012/ImpresoRellenar

In the N.I.F./N.I.E. field, enter your NIE number if you've got one; otherwise enter your passport number.

In the Apellidos y nombre o razón social field, put your surname, a comma, then your first name(s).

In the Tipo de vía field, put what type of road you live on - calle etc.

In the Nombre de la vía pública field, put the name of the road you live on, less what you've done above.

In the Núm. Field, put your house number or apartment block number.

If you live in a flat, put your flat number in the Piso field.

The Teléfono field isn't mandatory, but if you don't enter your telephone number, you'll later be recommended to do so.

In the Municipio field, enter the name of the town where you live - you can enter more than one word, for example Mudamiento, Orihuela.

In the Provincia field, enter the name of the province where you live.

In the Código Postal field, enter your post code.

In the section for Tarjetas de identidad de extranjeros (TIE) y certificados de registro de residentes comunitarios,

click the box at the right of .Certificado de registro de residente comunitario…

The amount of the fee (€12.00) appears in the Ingreso section at the bottom.

In Localidad, enter the name of your home town.

Under Forma de pago you need to select one of two options.

En efectivo means that you are going to pay in cash.

E.C. Adeudo en cuenta means you want payment to be from your bank account, in which case you need to enter the full IBAN for your bank account in the Código IBAN de la cuenta field.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Then click on Descargar impreso rellenado.

This doesn't actually do a download, but instead opens a PDF of the completed form.

Right-click on this to save it, or just print it without saving.

You don't need to print the last page.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

Final note:

There's a strange anomaly that only appeared recently about going to a foreigners' office or a police station. The foreigner's office fee is €10.82, whereas the police fee is €12.

(When we got our residencias in 2006, the fee was €6.70).

APPOINTMENT

A prior appointment is necessary. Ensure this is in the name of the person applying. It used to be the case that solicitors, gestors etc, would make block bookings in the hope they'd be able to fill those slots. When they didn't, they simply didn't turn up, which wasted police time, so many police stations are now insisting that appointments be in the name of the applicant. That obviously stops anyone from booking slots in advance.

If there are two or more of you, you need to make a separate appointment for each person.

You need to take a copy of the appointment you have made.

For Alicante, Benidorm, Denia, Elche, Elda, Orihuela, Playa Flamenca and Torrevieja, you can make an appointment online. Start here:

https://sede.administracionespublicas.gob.es/icpplus/

The website can be a bit creaky, so don't be surprised if you have to load it several times, or try at different times of the day.

In the blue Seleccionar box, click the drop-down arrow and select e.g. Alicante, then click Aceptar.

Click the blue box by TRÁMITES DISPONIBLES PARA LA PROVINCIA SELECCIONADA and select POLICIA-CERTIFICADOS UE, then click Aceptar.

On the next page click ENTRAR.

You then have the option of identifying yourself by NIE number or passport, and also need to enter your name. You are warned that the name you enter must be identical to that shown on your NIE or passport, and that if you enter your NIE number, then you must do so without hyphens.

Click on the box in the CAPTCHA and click Aceptar.

On the next page click Solicitar Cita.

Click in the blue box and select which office you want to go to, then click Siguiente.

Enter your telephone number, then enter your email address in the other two boxes. This will be used to send you confirmation of the appointment if you want this. You are warned that there is a problem with hotmail addresses. Then click on Siguiente.

You are then shown the next available appointment(s). If one is OK for you, click on that so it turns red, then click on Siguiente.

In the pop-up box, click OK.

Put a tick in the box beside Estoy conforme..., and if you want to receive email confirmation, tick the box beside Deseo recibir...

To finalise the appointment, click on Confirmar.

Click on "Imprimir" to print the appointment.

As a side note, I checked how long one has to wait to get an appointment, and this varied between eight and ten weeks, with the exception of Torrevieja, which was five weeks.

For Alcoy, Altea and Teulada, I'm unable to find an online way of making an appointment. It therefore appears that you will have to make an initial visit to the office in question in order to make an appointment.

BEFORE YOU GO

It might help to reduce the stress on your appointment day if you make a prior visit to the office in question. You'll then be able to find out where to park, how long it will take from parking to arriving at the office, and what the set-up is there; for examples, whether there is a desk where you show your appointment or a machine in which you enter your details, where is the monitor which tells you when it's your turn, and are the desks you have to go to clearly numbered. Also, if the office is one for which you cannot make an appointment on line, you can ask if you can make an appointment whilst you're there, ask when the quietest time is, see if there's a machine from which to take a deli ticket (turno), etc.

Parking near Elche police station can be difficult, whereas at Orihuela it's easy to park at the Ociopia shopping centre and walk over the bridge.

DOING THE DEED

I recommend that you take someone with you who speaks Spanish. Procedures vary between the various offices and even between individuals in an office.

What happens when you get to your chosen location depends on where you're going, but make sure you've got your appointment on top of the pile of papers you're clutching.

You will probably need to see someone on reception, and to take or be issued with a turno (deli ticket).

When it's your turn, just smile nicely, apologise for your poor Spanish, and pass the pile of papers across the desk - you'll have time to bite your finger-nails while you're waiting!

It might help to keep a document back. If the official then says you're missing something, ask him if that's the only thing that's missing, and then produce it. That way he will have no excuse to complain that the application is incomplete.

All being well you may be given a residencia certificate on the spot, or you may be given a resguardo (receipt) and asked to return within the next few days.

If your application is not accepted for some reason, you have ten days in which to return and re-submit the application. If you do not do that within ten days, then your application is considered to have been withdrawn, and you'll have to start all over again.

ONCE YOU'VE GOT YOUR RESIDENCY CERTIFICATE

The first thing you must do is make one or more copies. You could also if you wish get a certified copy (compulsado) at a notary, or possibly at a national police station or town hall. I suggest that if you want to carry the certificate in your wallet, then make a good quality colour copy and laminate that.

If you haven't already got a padrón, then go and do so.

Change your non-resident bank account into resident account (lower charges).

Be aware that as a resident in Spain, you are only entitled to an EHIC (strictly speaking it is for residents here an EHIC-E) if you've got an S1 or are a student.

DOES IT NEED RENEWAL?

No! It's for life, unless you leave Spain for an extended period, or unless your details change.

If you've got the old-style A4 certificate, then you can voluntarily change it for the credit-card size, but with Brexit looming, there's no point in doing this.

On the subject of Brexit, after which we'll need a different type of residencia, then that will need renewing every five years.

PERMANENT RESIDENCY CERTIFICATE

After five years of legal residence, you can apply for a certificate of permanent residence of an EU citizen. This means that you will be issued with a new certificate with the word Permanente on it. However, in my opinion, there is no point in doing so, as after five years of legal residency, you will automatically have the right of permanent residence (as a citizen of the EU), and don't need your residency certificate to state this. Post-Brexit, such a certificate would have no more worth than a certificate without the word Permanente on it.

If, however, you wish to do this, no documentation should be required regarding health cover or finances, as you have lived in Spain for a continuous period of five years, and this can be verified by the authorities. You'd just need an EX-18, passport, payment of the fee, and prior appointment. On the EX-18, you select RESIDENCIA PERMANENTE and mark the relevant category below that.

There are also circumstances under which you can apply for a permanent residency certificate before completing five years here, and for this you will be required to prove that you've been here for the for the period in question, and that you fit into one of the relevant categories:

a). You are employed or self-employed, having lived here for three years and worked for one year, and are finishing work because you have reached the age set by Spanish law for retirement with the right to a pension.

b). You were employed or self-employed and ceased working due to permanent disability, having lived here for two years. The two years requirement doesn't apply if disability was caused by an accident at work or occupational illness, which results in you being paid, in whole or in part, a state disability pension.

c). You are employed or self-employed, having lived and worked here for three years, and now work in another EU state as a cross-border worker but keep your principal residence here and return at least once a week.

d). Family members who have lived with someone who has died, provided that the deceased had lived here at least two years, or whose death was due to an accident at work or an occupational illness.

LOSING YOUR RIGHT TO RESIDENCY IN SPAIN?

Your continuity of residence is not affected by temporary absences of less than 6 months a year or one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.

You can lose the right to permanent residence if you live outside Spain for more than 2 consecutive years.

CHANGE OF DETAILS

You are obliged to notify the authorities if any of the details used to obtain your residencia change.

Such changes include moving to a new address, changing surname due to marriage, and renewing a passport.

If it's a change of address, ensure you're on the padrón at your new address, as the authorities will carry out an online check.

If it's a change of name, you will need to take your marriage certificate.

If it's a change of passport, you'll need to take your new one (I'd also take the old one if you've got it).

You have to use the EX-18 to notify the change, clicking the MODIFICACIÓN box, and then clicking the relevant box in this section.

I've also found a form on this government website for 'Comunicación al registro central de extranjeros de cambios de situación':

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Modelos_comunicaciones/COMUNICACION-CAMBIO-SITUACION.pdf

This actually looks far too simple to be true - fill it in and post or deliver it. The problem is that your change of details might, if you're lucky, be recorded in the system, but I can't see the authorities sending you a new residencia certificate.

There is also an online way of notifying a change of address if you've got an electronic certificate, and one of the authorities that are notified is DGP - the police, but again I can't see the authorities sending you a new residencia certificate:

https://cambiodomicilio.redsara.es/pcd/

Question to other forum members:

Anyone renewed their UK passport and not reported the change of passport number?

OBTAINING A DUPLICATE CERTIFICATE

There are circumstances when you need to replace a residencia - you've lost it, it's been stolen, or it's become damaged.

If you lose your residencia, even if it's not been stolen, you must go to a Comisaría de Policía (National Police station) and make a denuncia stating you have lost it; and if known stating where and when this happened.

You can make the process easier by filing the denuncia online, then going along to the police station with the reference number that the online system generated, and signing the report. Start here:

https://denuncias.policia.es/OVD/

Although the online system is in English, you should fill in the details you are reporting in Spanish.

You will need to take your original copy of the denuncia with the other paperwork when you go to obtain your duplicate residencia.

If it's damaged, then take that with you.

To be on the safe side, also take a padrón, your passport, SIP card, and proof of finances as in the initial application process, but don't offer them unless prompted.

There isn't a specific section on the EX-18 to request a duplicado, but I suggest clicking the MODIFICACIÓN box, then OTROS, and enter the reason:

Extravío - loss

Deterioro - deterioration or damage

Sustracción - theft


This is fantastic Jim,I’m sure everyone really appreciates all the time and effort you put into your guides. 

Joe90

Sat Aug 25, 2018 11:58pm

Posts: 20

Location: Villamartin

6 helpful posts

Posted: Sat Aug 25, 2018 11:58pm

jimtaylor wrote:

THE REASON FOR THIS GUIDE

There is so much information on the internet, and on this forum, about residency, that a guide such as this should not be necessary. However, many people keep asking the same old questions, presumably because they either struggle to do an effective search, or don't always understand what they find. In some ways I can sympathise, as many of the articles about residency are out of date, incomplete, or lacking in detailed instructions. Although there is a lot of good information on our forum, it's in numerous threads and, like every forum I've ever known, the search facility isn't as good as it might be.

I decided therefore to produce this guide in an attempt to put all the necessary information in one place. Hopefully this will provide a resource for people who need to know about residency and, in the longer term, save people like Nicola and myself from having to keep answering questions, either on the open forum or by PMs.

I'd point out that it takes a long time to produce a comprehensive guide like this, and I just hope that I haven't been wasting my time. I'll have to wait and see what the responses are and also how many people click the Helpful button. At the worst, I'll use it as a model for the situation post-Brexit.

It's a long guide simply because I wanted to make it as comprehensive as possible. It could get even longer if I get feedback about additional information!

WHAT'S IT ALL ABOUT, ALFIE?

'Residencia' is what most of us call the green paper or card that we receive when we register as residents, and the word residencia does appear in the descriptive text about the subject, but what we actually receive is a certificate of residency. It is only non-EU citizens who receive a card with the word Residencia on it. Be that as it may, I'll continue to call it residencia.

You can stay in Spain for up to three months, and for that all you need is your passport. For stays of more than three months, it is a legal requirement that you register your presence.

You don't have to wait three months before you apply for residencia - you can do it as soon as you make the permanent move out here.

A residencia certificate (CERTIFICADO DE REGISTRO DE CIUDADANO DE LA UNIÓN) is a document certifying that someone from another EU country is legally resident in Spain, and that the person is registered on the Central Register of Foreign Nationals (Registro Central de Extranjeros).

It used to be an A4 piece of green paper, but for some years now it has been issued as a credit card size piece of card. It contains the person's name, date and place of birth, nationality, address, NIE number, and date of issue. It does not have an expiry date.

It cannot be used as proof of identity, but the credit card size of certificate is easier to carry than the A4 NIE document, for occasions when you need to show your NIE number.

Part of the application process is that you have to prove that you will not be a financial burden on the state, by providing proof of an acceptable level of income, and by providing proof of health cover. More on these topics later.

You don't need to have previously obtained an NIE number before applying for residencia - the NIE number can be obtained as part of the residencia process.

ADVANTAGES

In my opinion, the principal advantage is that you are complying with the law, and therefore legally resident. This could well be advantageous post-Brexit.

Most of the material advantages revolve around the fact that if you're resident in Spain, then you pay residents' taxes here. If you're not legally resident, then you're classed as non-resident.

For examples:

Non-residents pay an annual tax based on the value of their property. Residents do not pay this tax.

Non-residents with rental income have to do a quarterly tax return for any rental income they receive. Residents include rental income in their annual tax return. If you pay someone else to do your returns, then a non-resident pays for four returns whilst a resident pays for one. Also, a resident has the advantage of the various tax allowances.

Inheritance tax prior to Brexit is the same for residents and non-residents. Post-Brexit, unless the current law is amended (which may well be the case), inheritors will only receive the national tax allowance, which is very much lower than the regional Valencian allowance.

If a non-resident sells a property in Spain, then the buyer retains 3% of the price and pays this to the tax office. This can be recovered if it's more than the tax due, but it could be a lengthy process.

Post-Brexit, non-EU non-residents who sell a property will pay a higher rate of capital gains tax than do EU citizens.

If a resident sells his principal residence and re-invests the proceeds in another property, then he doesn't pay capital gains tax on the sale of the first property.

There are several other aspects as well, for examples:

A non-resident can potentially have his car impounded if stopped for a traffic offence.

Some municipalities offer benefits to residents

Having a non-resident bank account incurs considerable charges that resident accounts do not have.

RELEVANT LEGISLATION

If you fancy a bit of light reading, the following is some of the legislation related to the subject:

E.U. Directive 2004/38/EC

Real Decreto 240/2007

Real Decreto 557/2011

Ley 6/2018

Orden PRE/1490/2012

Where I provide quotes from the legislation in subsequent sections, these are my translations.

DOCUMENTS REQUIRED

Application form:

The application form is the EX-18. Post-Brexit it will probably be EX-17, but that will be a separate topic when the time comes.

There are a great many links to the EX-18 on the internet, and even active links to the old EX-16, which became redundant some years ago. Some of the links to the EX-18 are for old formats. The links to the current format are:

Immigration office:

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/18-Certificado_Residencia_comunitaria.pdf

National police station:

https://sede.policia.gob.es/portalCiudadano/extranjeria/EX18.pdf

Irrespective of which link you follow, both give the same form. This is an editable PDF. It can be completed online then downloaded or printed, or it can be downloaded as is and then completed in your PDF reader.

You need to take two completed copies.

See later for completion instructions.

Passport:

Valid passport and copy.

If it has expired and you've sent it back to the UK for renewal, a copy of both the passport and the renewal application must be provided.

NIE?:

There isn't any requirement to provide an NIE. However, as the various offices that issue residencias seem to operate to their own rules, then I suggest that you take your NIE if you've got one, just in case.

Padrón?:

As above, there isn't any requirement to provide a copy of your padrón but, again, you could take one just to prove your address. Alternatively, you could take your escritura, a nota simple or a long-term rental contract. If your town hall won't let you register on the padrón because you don't have residencia, ask if they'd issue you with a temporary one if you return with a copy of the appointment you will be making for your residencia application.

Photograph?:

This definitely is not required.

Other requirements:

Other things you need to produce all depend on what category of applicant you are. These are detailed in the following sections.

Students:

A student has the right to live in Spain whilst studying or undergoing professional training, for the duration of this, provided he/she produces documentary proofs of:

a). Enrolment in a  education institution (state or private) that is either funded or recognised by the Spanish education authorities.

b). Having public or private health insurance, contracted either in Spain or in another country, that provides complete cover in Spain.

The law states:

However, this condition will be deemed to be met if the student has a European Health Insurance Card that is valid for a period that covers the entire period of residence and that allows him to receive, exclusively, any medical assistance that is necessary from a medical point of view, taking into account the nature of the assistance and the envisaged duration.

I find this somewhat strange - it implies that the law considers anyone young enough to be a student to be healthy enough to only require cover for emergency treatment.

c). Provision of a sworn statement that of having sufficient financial resources for oneself and any family members, so there is no risk of becoming a burden on Spain’s social security system during the period of residence.

Compliance with this requirement is considered to be met by producing proof of taking part in a EU educational exchange programme for students and teachers.

Note:

You could lose your right to residency if you complete your studies and are unable to prove you are working or have sufficient financial resources to support yourself, and family members if applicable.

Employed:

By employed, I mean legally employed with a contract and paying social security contributions.

You need to produce, from your employer, a contract or certificate of employment (certificado de vida laboral) for a minimum of six months, to prove that you are employed here. The contract must include, at least, the name and address of the company, and its tax code and social security contribution code.

If you are not yet working, you will need proof of a job offer that has been registered with the Ministry of Labour (Servicio Público de Empleo).

You may need to consent to checks being carried out about you with Social Security contribution records (Ficheros de la Tesorería General de la Seguridad Social), to prove that you are paying Social Security contributions.

Self-employed:

By self-employed, I mean paying social security contributions and being registered with the relevant authorities.

You must provide evidence that you are self-employed (Autónomo) by providing one of the following:

a). Registration on the Economic Activities list (Censo de Actividades Económicos).

b). Proof that your business is in the Companies Register (Registro Mercantil).

c). Proof of registration with the Social Security system.

d). Giving consent to your details being checked in the Social Security General Treasury records (Ficheros de la Tesorería General de la Seguridad Social) or those of the Tax Agency (Agencia Tributaria).

Jobseeker:

I'm including this as a separate category because jobseekers seem to be treated differently under EU rules. However, I've been unable to find any mention of different treatment for jobseekers in Spanish legislation.

The EU view seems to be that a jobseeker can stay in another EU state for six months without having to register as a resident and without having to prove that you can support yourself financially.

After six months without finding a job, the authorities could re-assess your entitlement to stay in the country, and you'd need to provide proof that you're actively seeking work and, moreover, have a reasonable chance of finding a job.

As you've not been paying into the social security system, you do not have any entitlement to non-contributory benefits.

Bear in mind that I can't find the above information in Spanish legislation, so it appears that jobseekers should be grouped within the category of people not working in Spain.

Not working in Spain:

This category includes pensioners and those who have retired early. You need to provide two things:

1). Proof of health cover:

The law states:

You must also provide public or private health insurance, contracted in Spain or in another country, that provides coverage in Spain during your period of residence equivalent to that provided by the National Health System.

If you're in receipt of the UK state retirement pension, or an 'exportable benefit' like Disability Living Allowance, you need to get from DWP at Newcastle a form S1, which enables you to transfer your health cover from the UK to Spain.

If anyone has a problem with their S1 being accepted, refer the clerk to the following government website:

http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html

where it states:

Los pensionistas cumplen con esta condición aportando certificación de disponer de asistencia sanitaria con cargo al Estado por el que perciben pensión.

Nota importante: cuando se aporten documentos de otros países deberán estar traducidos al castellano o lengua cooficial del territorio donde se presente la solicitud.

Cuando se trate de formularios estándares de la Unión Europea no será necesaria ni su traducción, ni su legalización de conformidad con lo dispuesto en la normativa comunitaria que los ampara. Por ejemplo: modelos de asistencia sanitaria S1, E109, E 121...

This is a very clear statement that an S1 is acceptable, and that it does not need translating.

If you're not entitled to an S1, you need to have private health insurance, contracted in Spain or in another country, that provides full cover in Spain, equivalent to that provided by the Spanish National Health System (Sistema Nacional de Salud).

The emphasis is on full cover, i.e, it must cover pre-existing conditions, cover unlimited hospital stays, and not be subject to co-payments.

To avoid people taking out such a policy and then cancelling it after obtaining residencia, you need to provide proof that you have paid for twelve months cover.

The insurance company should provide a certificate confirming that the policy meets residencia requirements and has been paid for one year, and you should present this certificate and not the actual policy - but take the policy with you just in case.

2). Proof of finances:

What you need to do is to prove that you have sufficient resources (including for family member(s) if applicable) that you're not going to become a financial burden on the Spanish social services.

To quote from Orden PRE/1490/2012:

Accreditation of the possession of sufficient resources, whether by periodic income, including work or other income, or by the possession of an estate, shall be carried out by any means of proof admitted by law, such as property titles, certified checks , documentation justifying obtaining capital income or credit cards. In this latter case, an up to date bank certificate proving the amount available by way of credit on the aforesaid card shall be produced.

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

The assessment of sufficient resources must be carried out on an individual basis, taking into account the applicant’s personal and family circumstances. The possession of resources that are more than the amount established each year by the State General Budgets Act (Ley de Presupuestos Generales de Estado) that justifies the right to receive non-contributory benefits, taking into account the interested persons’ personal and family circumstances, will be regarded as sufficient proof to meet this requirement.

To simplify the above, you need to prove that you have a regular income or own a capital asset. Acceptable income can be from a pension, salary, income from capital, property rental etc. Unfortunately, the legislation does not specify the period for which you need to prove the regular income. If you own a property in the UK, then in theory it should be sufficient to produce the deeds, although these would need to be translated and bear the Hague Apostille, and the same would apply to bonds or shares etc. Documents can also be legalised beforehand by the Spanish Consular Office in the UK or by the Ministerio de Asuntos Exteriores y de Cooperación.

Some offices might accept proof of ownership of such an asset instead of proof of a regular income, and others might want proof of both bank balance and income. I disagree that you should be asked to prove a bank balance, but you'd have to be a brave person to start arguing the toss over this with whoever processes your application!

Some offices may accept a current bank balance in excess of €6,000, whereas others might be satisfied with statements showing consecutive monthly deposits of €600; and some might be satisfied with evidence of three monthly deposits, whereas others might want to see six monthly deposits. It's best to go prepared with as much evidence as you can gather.

The obvious way to prove proof of income is to provide bank statements. You could also ask your bank if they will provide a 'certificado bancario' stating that you have a regular income with them. I think it would also be wise to have to hand - but not produce unless challenged - a document proving that it is a regular income - like DWP's notice regarding the annual increase in your pension.

The reference above to the “Ley de Presupuestos Generales de Estado” is important, as it is this law which defines the amount of income that yours must exceed. There is a new law published every year, and that published in 2018 (Ley 6/2018) with the figures for 2018 states that for an individual, the amount is €5178,60 p.a., which is €431.55 p.m. This is well below the amount that immigration and police offices require, and I think they may be using another indicator in the law, known as the IPREM (Indicador Público de Renta de Efectos Múltiples), which is €6454.03 p.a. or €537.84 p.m.

I can well understand the authorities rounding this up to €600 for the purposes of residencia, to ensure that a person's income doesn't dip below the benefit threshold due exchange rate fluctuations.

If there are two or more of you applying as a family unit, and you don't all individually have income exceeding the minimum, then it gets a bit more complicated, as it depends on the relationship between you.

If you live only with your spouse and/or second-degree blood relatives (brother-sister, grandchild or grandparent), then the amounts are:

Two people: €8,803.62

Three people: €12,428.64

Four people: €16,053.66

Five people: €19,678.68

If among the blood relatives with whom you live, there is one of first-degree (parents or children), then the official amounts are:

Two people: €22,009.05

Three people: €31,071.60

Four people: €40,134.15

Five people: €49,196.70

The above figures are those specified by social services but, to me, seem ridiculously high in the context of qualifying for residencia. I am of the opinion that the qualifying amounts will be simple multiples of the IPREM referred to above.

If you apply as a couple, and your spouse on their own doesn't meet the residencia requirements because their income is below that required, and so makes her application as a family member (see later), and your combined income meets the requirements for two people, then it might be helpful to take your marriage certificate, and produce this if challenged.

As a final note to this topic, post-Brexit anyone applying for an identity card (TIE) will have to show resources of four times the IPREM referred to above, i.e. €2151.36 p.m. If some form of agreement isn't reached about this requirement, then very few people will be able to come and legally live in Spain.

Children:

I can't find anything specific about this in the legislation, so the following is just a guess regarding the requirements. If anyone has done it, I'd welcome feedback.

Passport of both child and applicant parent.

Parent's residency certificate.

Marriage certificate.

Child's birth certificate - probably with an official translation if not born in Spain.

Libro de Familia if born in Spain.

You may need to provide a sworn statement (declaracion jurada) to attest to the family relationship.

Family members:

In this section, I am looking at family members who are unable to apply for residencia in their own right - for example, their income may not be sufficient to meet the requirements. In that sense, this section deals with those who can be regarded as dependants.

This is potentially a very large topic, as there are so many possible permutations, but I'm only going to cover the most common situations.

EU spouse or partner and other direct family members:

Your own residency certificate.

Proof of the applicant's family relationship with you, e.g. a marriage or birth certificate.

Proof that children or grandchildren are under 21 or dependent on you.

Proof that parents or grandparents are dependent on you.

Proof if they are seriously ill and need you to take care of them personally.

Proof you have sufficient means to support all the members of your family who are with you, including full medical cover.

If you're not married, you may need a 'certificado de convivencia' from the town hall (it's like a padrón). You need to prove stable cohabitation of at least one year unless you have children, in which case this is taken as providing the necessary proof.

If your family member is not an EU citizen, then they need to apply for a 'tarjeta de residencia de familiar de ciudadano de la UE', and for this the application form is Modelo EX19. It's a different procedure resulting in the issue of a plastic card bearing a photograph and thumb-print.

Death:

The death of a spouse will not immediately affect the right of residence of family members. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

Divorce or separation:

In the event of divorce or legal separation, the family member retains the right to residency provided the couple have been legally resident for at least three years. However, after six months of the death (unless the family member has acquired the right to permanent residency), the family member must apply for a residency in their own right.

COMPLETING THE APPLICATION FORM

As I said earlier, the application form is an editable PDF, so you can fill it out online or in your PDF reader. If you decide to print it as is and complete it by hand, you must use black ink and capital letters.

I'm simply listing what goes in each field:

1) DATOS DEL SOLICITANTE

This section is about you, the applicant.

PASAPORTE - enter your passport number.

N.I.E. - enter the number if you've got an NIE.

1er Apellido - enter your surname.

2º Apellido - leave blank, or put a long dash in it, unless you've got two surnames.

Nombre - enter your Christian name(s).

Sexo - mark as appropriate - H for male (hombre), M for female (mujer). Don't make the mistake a friend made - he thought M was masculino (male) and H was hembra (female), so he put himself down as M. It apparently caused a bit of levity at Orihuela police station!

Fecha de nacimiento - enter your date of birth in the format dd/mm/yyyy.

Lugar - enter the name of the town where you were born.

Nacionalidad - enter your nationality - BRITÁNICO for a man, BRITÁNICA for a woman.

Estado civil - mark to indicate if single (S), married (C), widowed (V), divorced (D), separated (Sp).

Nombre del padre - enter your father's Christian name(s).

Nombre de la madre - enter your mother's Christian name(s).

Domicilio en España - enter your street name, and suburb etc if appropriate.

Nº - enter your house number.

Piso - enter your flat number if appropriate; otherwise leave blank.

Localidad - enter the name of the town relating to your address.

C.P. - enter your post code.

Provincia - enter the name of your province.

Teléfono móvil - enter your telephone number. If it's a UK mobile number, prefix it with 0044.

E-mail - enter your email address.

Representante legal, en su caso - leave blank unless, for example, acting on behalf of a child, in which case you enter  your own name, or if you're unable to attend for a valid reason then enter the name of your representative.

DNI/NIE/PAS - if the representative is a Spaniard, enter their DNI number or PAS, which, I think, is the number which appears on a Spanish power of attorney. Otherwise enter the representative's NIE.

2) DATOS DEL REPRESENTANTE A EFECTOS DE PRESENTACIÓN DE LA SOLICITUD

This section can be left blank unless you've appointed a representative, or are acting as a guardian, in which case it has to be completed. The only field that is different from those described above is the one for Nombre/Razón Social where, if applicable, Razón Social asks for the name of the company to whom you've granted POA.

Note that the regulations state that you must apply in person, and I assume that this section is for cases where that is impossible e.g. due to illness. I've not been able to confirm whether granting power of attorney to a representative is sufficient, or whether you would also need a statement from your doctor. The other example, as I've indicated above, is if you're acting as a guardian for a minor.

3) DOMICILIO A EFECTOS DE NOTIFICACIONES

This section asks for details about where any notifications should be sent. The only notification you're ever likely to receive is to tell you that your certificate is ready for collection. However, you should complete it. All the fields have already been described above.

CONSIENTO que las comunicaciones y notificaciones se realicen por medios electrónicos

Simply put an x in the box beside this to confirm that you agree to receive notifications by e-mail.

Nombre y apellidos del titular

Just enter your full name.

4) SITUACIÓN EN ESPAÑA

PERÍODO PREVISTO DE RESIDENCIA EN ESPAÑA - in most cases you can just enter PERMANENTE, unless you're staying more than three months but less than six months, in which case enter the duration of your stay.

FECHA DE INICIO DE LA RESIDENCIA EN ESPAÑA - enter the date you took up residence in the format dd/mm/aaaa.

Nº DE FAMILIARES QUE ACOMPAÑAN O SE REÚNEN CON EL SOLICITANTE EN ESPAÑA - this is to enter the quantity of any family members who are applying with you.

RESIDENCIA TEMPORAL - mark the appropriate section:

Trabajador por cuenta ajena - employee.

Trabajador por cuenta propia - self-employed.

No activo con recursos suficientes y seguro de enfermedad - not working in Spain.

Estudiante con recursos suficientes y seguro de enfermedad - student.

Nacional UE/EEE/Suiza, familiar de otro nacional incluido en los apartados anteriores - family member.

DNI/NIE/PAS del ciudadano UE/EEE/Suiza que da derecho - leave blank unless the application is as a family member, then they must enter the NIE number of the person on whom they are dependent.

Vínculo con el ciudadano UE/EEE/Suiza que da derecho - the family member must specify their relationship to the person whose NIE number they have entered above, e.g. esposa, madre, hija, etc.

Las personas abajo firmantes…..

Mark this section if you're in one of the categories that requires you to have private health insurance.

Las personas abajo firmantes…..

Mark this section to confirm your agreement that they can carry out online checks about you.

NO CONSIENTO.....

Marking this box would be stating that you don't agree to them confirming your identity electronically, so leave it alone. If you don't agree to them checking your identity electronically, you'll just be creating problems for yourself, as they would then ask for other documentation.

Place and date fields

The first field is where you stipulate a place, and I suggest you use the name of the town where you are making the application.

The second is for the numeric day of the month.

The third is the month (remember that this needs to be in Spanish, and that it isn't capitalised).

The last is for the year.

For example, the final result could be:

Orihuela, a 27 de agosto de 2018

FIRMA DEL CIUDADANO DE LA UNIÓN (familiar del solicitante)

This is where a family member signs the form. If not applicable, leave blank.

FIRMA DEL SOLICITANTE (o representante legal, en su caso)

This is where you or an appointed representative signs the form. If the form has been completed on behalf of a minor, then this is where the guardian signs.

DIRIGIDA A

This is where you enter the name of the place where you are submitting the application, for example Dirección General de la Policia.

Código DIR3

This is an alpha-numeric identification for the office at which you are applying. Leave it blank, and let the person handling your application fill it in.

PROVINCIA

This is the name of the province in which the office you apply to is situated, for example Alicante.

Nombre y apellidos del titular

Just enter your full name.

ANEXO I

I haven't found an example of how to complete the annexes. If anyone can provide a link for such an example, then I'll revise these instructions.

Anexo I is for listing documents for which verification or consultation is authorised by yourself. However, ÓRGANO and ADMINISTRACIÓN in this context mean authority or government authority, so only enter details of any such documents you are providing. I assume that the supporting documents required by persons working or studying here will fit in this category but, for example, proof of health insurance will not.

ANEXO II

Anexo II is for listing documents you do not authorise them to verify, and I recommend that you leave this blank

WHERE DO YOU GO?

You can apply at the nearest Oficina de Extranjería (foreigners’ department) in your province, or at a National Police Station (Comisaría de Policía).

Foreigners' offices:

You can find all the offices on this link:

http://www.seat.mpr.gob.es/es/portal/servicios/extranjeria/extranjeria_ddgg.html

For Alicante province, there are offices in Alicante & Altea:

Oficina de Extranjería en Alicante

Calle Ebanistería, (Polígono de Babel), 4 y 6

Alicante

Oficina de Extranjería en Altea

Calle San Isidro Labrador, 1

03590 - Altea

The following two links details which municipalities are covered by each office - make sure you go to the correct one.

http://www.consultor.com/oue/terminosAlicante.html

http://www.consultor.com/oue/terminosAltea.html

National police stations:

The following is the website to use to find all the offices:

https://www.policia.es/documentacion/oficinas/oficinas_extran.html

Note that some of the offices listed do not transact residencia applications. The following are those that do.

Alcoy:

Comisaría del Cuerpo Nacional de Policía de Alcoy

C/ Perú, 10.

Benidorm:

Comisaría del Cuerpo Nacional de Policía de Benidorm

C/ Apolo XI, 36.

Dénia:

Comisaría del Cuerpo Nacional de Policía de Dénia

C/ Castell d´Olimbroi, 5.

Elche:

Comisaría del Cuerpo Nacional de Policía de Elche

C/ Abeto, 1 (Carrer l'Avet, 1)

Elda:

Comisaría del Cuerpo Nacional de Policía de Elda-Petrer

C/ Lamberto Amat, 26.

Orihuela:

Comisaría del Cuerpo Nacional de Policía de Orihuela

C/ Sol, 34.

Torrevieja:

Comisaría del Cuerpo Nacional de Policía de Torrevieja

Oficina de Documentación de Españoles y Extranjeros

C/ Arquitecto Larramendi, 3.

Playa Flamenca:

Ayuntamiento de Orihuela Costa (Oficina del Comisaría de Policía de Orihuela Costa)

Plaza del Oriol, 1.

Teulada:

Ayuntamiento de Teulada (Oficina del Cuerpo Nacional de Policía).

Av. de Santa Caterina, 2.

PAYMENT OF THE FEE

The payment form is Modelo 790.

If you go to a national police station or foreigners' office without having pre-paid the fee, they might (but might not!) provide you with the payment form, which you then have to complete, take to a bank and pay the fee, and then go back and try again. It's just not worth the hassle - pre-pay the fee in advance and take the receipted 790 with the rest of the application paperwork.

There are actually two versions of the 790 relevant to residencia. These are '790 Tasa 052' and '790 Código 012'.

790 Tasa 052 is to be used if you are applying at a foreigners' office.

790 Código 012 is to be used if you are applying at a national police station.

NB: Make sure you use the correct one!

790 Tasa 052:

1). You can only do this online if you have an electronic certificate. If you do, this is the starting point (I've opted for the English version):

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on PAY AND SEND THE PAYMENT FORM FOR FEE 052 VIA INTERNET.

If you get a pop-up, just click OK.

On the next (confusing) page, click on Acceso con [email protected]

On the left-hand side of the next page, in the box for eIdentifier, click Access.

Select your electronic certificate and click OK.

On the next page, click your province on the map, and click OK on the pop-up.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Enter the full IBAN number for your bank account, then click on REALIZAR PAGO.

(You can also pay by credit or debit card).

Make sure you print two copies of the receipted 790.

2). If you haven't got an electronic certificate, you can only use this procedure if you've already got an NIE number, as this is one of the mandatory fields that must be completed, and you can't download a blank form.

Go to:

https://sede.administracionespublicas.gob.es/pagina/index/directorio/tasa052/language/en

Click on COMPLETE AND PRINT THE PAYMENT FORM FOR FEE 052.

On the next page, click your province on the map, and click OK on the pop-up.

Enter your details in the IDENTIFICATION section.

In the Nationality window, you need to select REINO UNIDO from the drop-down list.

Click the box at the right of 5. Certificado de registro de residente comunitario…

The amount of the fee (€10.82) appears in the Ingreso section at the bottom.

Then go to the bottom section of the form.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Under PAYMENT you need to select one of two options - cash or by transfer from your bank account.

If you select the latter, you need to enter the full IBAN for your bank account.

Then click on Obtain Document.

This downloads the 790 as a PDF.

Print the first three pages - you don't need the last one.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

NB: Don't solicit residencia at a foreigners' office if you haven't got either an NIE or electronic certificate, unless you want to pay a prior visit and ask for a hard-copy of the form.

790 Código 012:

Go to (there isn't an English version):

https://sede.policia.gob.es:38089/Tasa790_012/ImpresoRellenar

In the N.I.F./N.I.E. field, enter your NIE number if you've got one; otherwise enter your passport number.

In the Apellidos y nombre o razón social field, put your surname, a comma, then your first name(s).

In the Tipo de vía field, put what type of road you live on - calle etc.

In the Nombre de la vía pública field, put the name of the road you live on, less what you've done above.

In the Núm. Field, put your house number or apartment block number.

If you live in a flat, put your flat number in the Piso field.

The Teléfono field isn't mandatory, but if you don't enter your telephone number, you'll later be recommended to do so.

In the Municipio field, enter the name of the town where you live - you can enter more than one word, for example Mudamiento, Orihuela.

In the Provincia field, enter the name of the province where you live.

In the Código Postal field, enter your post code.

In the section for Tarjetas de identidad de extranjeros (TIE) y certificados de registro de residentes comunitarios,

click the box at the right of .Certificado de registro de residente comunitario…

The amount of the fee (€12.00) appears in the Ingreso section at the bottom.

In Localidad, enter the name of your home town.

Under Forma de pago you need to select one of two options.

En efectivo means that you are going to pay in cash.

E.C. Adeudo en cuenta means you want payment to be from your bank account, in which case you need to enter the full IBAN for your bank account in the Código IBAN de la cuenta field.

The most difficult part of the form is filling in the CAPTCHA field, as some of the characters shown aren't always very clear. However, it doesn't matter if it takes you a few goes to get it correct, as it lets you try several times without wiping out what you've already done.

Then click on Descargar impreso rellenado.

This doesn't actually do a download, but instead opens a PDF of the completed form.

Right-click on this to save it, or just print it without saving.

You don't need to print the last page.

The first two pages show the full details, whereas the third page, which will be retained by the bank where you pay, omits the body of the form.

Having printed it out, you then need to sign the three pages in the bottom left box where it asks for Firma.

Take these to a Spanish bank, presenting all three pages, and they'll give you the first two pages back with their receipt on it.

Take these two receipted copies along to the foreigners' office.

Final note:

There's a strange anomaly that only appeared recently about going to a foreigners' office or a police station. The foreigner's office fee is €10.82, whereas the police fee is €12.

(When we got our residencias in 2006, the fee was €6.70).

APPOINTMENT

A prior appointment is necessary. Ensure this is in the name of the person applying. It used to be the case that solicitors, gestors etc, would make block bookings in the hope they'd be able to fill those slots. When they didn't, they simply didn't turn up, which wasted police time, so many police stations are now insisting that appointments be in the name of the applicant. That obviously stops anyone from booking slots in advance.

If there are two or more of you, you need to make a separate appointment for each person.

You need to take a copy of the appointment you have made.

For Alicante, Benidorm, Denia, Elche, Elda, Orihuela, Playa Flamenca and Torrevieja, you can make an appointment online. Start here:

https://sede.administracionespublicas.gob.es/icpplus/

The website can be a bit creaky, so don't be surprised if you have to load it several times, or try at different times of the day.

In the blue Seleccionar box, click the drop-down arrow and select e.g. Alicante, then click Aceptar.

Click the blue box by TRÁMITES DISPONIBLES PARA LA PROVINCIA SELECCIONADA and select POLICIA-CERTIFICADOS UE, then click Aceptar.

On the next page click ENTRAR.

You then have the option of identifying yourself by NIE number or passport, and also need to enter your name. You are warned that the name you enter must be identical to that shown on your NIE or passport, and that if you enter your NIE number, then you must do so without hyphens.

Click on the box in the CAPTCHA and click Aceptar.

On the next page click Solicitar Cita.

Click in the blue box and select which office you want to go to, then click Siguiente.

Enter your telephone number, then enter your email address in the other two boxes. This will be used to send you confirmation of the appointment if you want this. You are warned that there is a problem with hotmail addresses. Then click on Siguiente.

You are then shown the next available appointment(s). If one is OK for you, click on that so it turns red, then click on Siguiente.

In the pop-up box, click OK.

Put a tick in the box beside Estoy conforme..., and if you want to receive email confirmation, tick the box beside Deseo recibir...

To finalise the appointment, click on Confirmar.

Click on "Imprimir" to print the appointment.

As a side note, I checked how long one has to wait to get an appointment, and this varied between eight and ten weeks, with the exception of Torrevieja, which was five weeks.

For Alcoy, Altea and Teulada, I'm unable to find an online way of making an appointment. It therefore appears that you will have to make an initial visit to the office in question in order to make an appointment.

BEFORE YOU GO

It might help to reduce the stress on your appointment day if you make a prior visit to the office in question. You'll then be able to find out where to park, how long it will take from parking to arriving at the office, and what the set-up is there; for examples, whether there is a desk where you show your appointment or a machine in which you enter your details, where is the monitor which tells you when it's your turn, and are the desks you have to go to clearly numbered. Also, if the office is one for which you cannot make an appointment on line, you can ask if you can make an appointment whilst you're there, ask when the quietest time is, see if there's a machine from which to take a deli ticket (turno), etc.

Parking near Elche police station can be difficult, whereas at Orihuela it's easy to park at the Ociopia shopping centre and walk over the bridge.

DOING THE DEED

I recommend that you take someone with you who speaks Spanish. Procedures vary between the various offices and even between individuals in an office.

What happens when you get to your chosen location depends on where you're going, but make sure you've got your appointment on top of the pile of papers you're clutching.

You will probably need to see someone on reception, and to take or be issued with a turno (deli ticket).

When it's your turn, just smile nicely, apologise for your poor Spanish, and pass the pile of papers across the desk - you'll have time to bite your finger-nails while you're waiting!

It might help to keep a document back. If the official then says you're missing something, ask him if that's the only thing that's missing, and then produce it. That way he will have no excuse to complain that the application is incomplete.

All being well you may be given a residencia certificate on the spot, or you may be given a resguardo (receipt) and asked to return within the next few days.

If your application is not accepted for some reason, you have ten days in which to return and re-submit the application. If you do not do that within ten days, then your application is considered to have been withdrawn, and you'll have to start all over again.

ONCE YOU'VE GOT YOUR RESIDENCY CERTIFICATE

The first thing you must do is make one or more copies. You could also if you wish get a certified copy (compulsado) at a notary, or possibly at a national police station or town hall. I suggest that if you want to carry the certificate in your wallet, then make a good quality colour copy and laminate that.

If you haven't already got a padrón, then go and do so.

Change your non-resident bank account into resident account (lower charges).

Be aware that as a resident in Spain, you are only entitled to an EHIC (strictly speaking it is for residents here an EHIC-E) if you've got an S1 or are a student.

DOES IT NEED RENEWAL?

No! It's for life, unless you leave Spain for an extended period, or unless your details change.

If you've got the old-style A4 certificate, then you can voluntarily change it for the credit-card size, but with Brexit looming, there's no point in doing this.

On the subject of Brexit, after which we'll need a different type of residencia, then that will need renewing every five years.

PERMANENT RESIDENCY CERTIFICATE

After five years of legal residence, you can apply for a certificate of permanent residence of an EU citizen. This means that you will be issued with a new certificate with the word Permanente on it. However, in my opinion, there is no point in doing so, as after five years of legal residency, you will automatically have the right of permanent residence (as a citizen of the EU), and don't need your residency certificate to state this. Post-Brexit, such a certificate would have no more worth than a certificate without the word Permanente on it.

If, however, you wish to do this, no documentation should be required regarding health cover or finances, as you have lived in Spain for a continuous period of five years, and this can be verified by the authorities. You'd just need an EX-18, passport, payment of the fee, and prior appointment. On the EX-18, you select RESIDENCIA PERMANENTE and mark the relevant category below that.

There are also circumstances under which you can apply for a permanent residency certificate before completing five years here, and for this you will be required to prove that you've been here for the for the period in question, and that you fit into one of the relevant categories:

a). You are employed or self-employed, having lived here for three years and worked for one year, and are finishing work because you have reached the age set by Spanish law for retirement with the right to a pension.

b). You were employed or self-employed and ceased working due to permanent disability, having lived here for two years. The two years requirement doesn't apply if disability was caused by an accident at work or occupational illness, which results in you being paid, in whole or in part, a state disability pension.

c). You are employed or self-employed, having lived and worked here for three years, and now work in another EU state as a cross-border worker but keep your principal residence here and return at least once a week.

d). Family members who have lived with someone who has died, provided that the deceased had lived here at least two years, or whose death was due to an accident at work or an occupational illness.

LOSING YOUR RIGHT TO RESIDENCY IN SPAIN?

Your continuity of residence is not affected by temporary absences of less than 6 months a year or one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.

You can lose the right to permanent residence if you live outside Spain for more than 2 consecutive years.

CHANGE OF DETAILS

You are obliged to notify the authorities if any of the details used to obtain your residencia change.

Such changes include moving to a new address, changing surname due to marriage, and renewing a passport.

If it's a change of address, ensure you're on the padrón at your new address, as the authorities will carry out an online check.

If it's a change of name, you will need to take your marriage certificate.

If it's a change of passport, you'll need to take your new one (I'd also take the old one if you've got it).

You have to use the EX-18 to notify the change, clicking the MODIFICACIÓN box, and then clicking the relevant box in this section.

I've also found a form on this government website for 'Comunicación al registro central de extranjeros de cambios de situación':

http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Modelos_comunicaciones/COMUNICACION-CAMBIO-SITUACION.pdf

This actually looks far too simple to be true - fill it in and post or deliver it. The problem is that your change of details might, if you're lucky, be recorded in the system, but I can't see the authorities sending you a new residencia certificate.

There is also an online way of notifying a change of address if you've got an electronic certificate, and one of the authorities that are notified is DGP - the police, but again I can't see the authorities sending you a new residencia certificate:

https://cambiodomicilio.redsara.es/pcd/

Question to other forum members:

Anyone renewed their UK passport and not reported the change of passport number?

OBTAINING A DUPLICATE CERTIFICATE

There are circumstances when you need to replace a residencia - you've lost it, it's been stolen, or it's become damaged.

If you lose your residencia, even if it's not been stolen, you must go to a Comisaría de Policía (National Police station) and make a denuncia stating you have lost it; and if known stating where and when this happened.

You can make the process easier by filing the denuncia online, then going along to the police station with the reference number that the online system generated, and signing the report. Start here:

https://denuncias.policia.es/OVD/

Although the online system is in English, you should fill in the details you are reporting in Spanish.

You will need to take your original copy of the denuncia with the other paperwork when you go to obtain your duplicate residencia.

If it's damaged, then take that with you.

To be on the safe side, also take a padrón, your passport, SIP card, and proof of finances as in the initial application process, but don't offer them unless prompted.

There isn't a specific section on the EX-18 to request a duplicado, but I suggest clicking the MODIFICACIÓN box, then OTROS, and enter the reason:

Extravío - loss

Deterioro - deterioration or damage

Sustracción - theft


Hi Jim,

Thank you. This is a great piece of work. My question is what are the tax implications, if have assets and business in U.K. Which is still running?

  • Page 1 of 6:
  • 1
  • 2
  • 3
  • ...
  • 6

Sign up for free or login to reply to this topic

Want to reply to this topic? Login or register for free to post your message:

Related topics

Latest
Helpful

Properties in the Almoradí area

For sale: 3 bedroom house / villa - €145,000

Almoradí, Costa Blanca

Lovely 3 bedroom semi-detached property on a large corner plot.  ...

For sale: 2 bedroom house / villa - €59,995

Almoradí, Costa Blanca

This delightful 2 bedroom, 2 bathroom property has been completely refurbished to a very high standa...

For sale: 5 bedroom house / villa - €253,000

Almoradí, Costa Blanca

Very large terraced townhouse in Almoradi over two floors. This property has two entrances one is ...

Other recommended topics

Register for free!

Login to your account

Spanish Dream Property
Protek - Property Maintenance and Cleaning Services
WorldNet
AA Free English TV
Costa Blanca Coaching
Golden Leaves International
Just One Small Step - Counselling
Belvedere Estates
Aeromax
Done Roman
Landlord Assist
Contento Kleen - Professional House Cleaning Services
Audo-m8 Systems
Fincas Inland
Gran Alacant Insurances
Harmony FM
My Cheap Removals
Advertise your business here