Obtaining Spanish “Residencia” has been subject to certain requirements since 2012 (pensioners, students, employees, self-employed persons, family members of residents, etc.) and is often confused with obtaining a Spanish N.I.E. number. However, there are important differences between the two, both from a tax and an administrative perspective.
Registration in the Central Register of Foreign Nationals (Registro Central de Extranjeros) may be applied for in person at any time at the Policía Nacional corresponding to your place of residence. After payment of the fee of €12.00 and submission of the application form and required documentation, the registration certificate will be issued directly at the office, provided that the applicable requirements are met. Please note that this certificate is not the same as the “Tarjeta de residencia” (residence card), as the latter is issued to non-EU foreign nationals.
In order to register with the police as a “Residente”, you must meet one of the following requirements. You may register as a “Residente” in Spain and therefore reside in Spain for more than 3 months if one of the following circumstances applies to you:
1. You are employed in Spain
If you have a valid employment contract, you may register as a “Residente” without having to meet any additional requirements. It is sufficient to provide either your employment contract or a certificate confirming your registration with the Spanish Social Security system (vida laboral or certificado de alta).
This category also includes pensioners covered by German health insurance who wish to move their residence to Spain. In this case, it is sufficient to provide the European S1 form issued by the German health insurance provider.
2. You are self-employed in Spain (Autónomo)
If you are registered as self-employed in Spain, you may also obtain Residencia by providing proof of registration with the Spanish Social Security system and registration in the Census of Economic Activities (Censo de Actividades Económicas). It is important to note that you will already need an N.I.E. in order to register with the Spanish Tax Agency and Social Security, and should therefore apply for it beforehand.
The possibility of obtaining “Residencia” is currently particularly attractive, as Spanish Social Security contributions for newly registered self-employed persons are significantly reduced. It is therefore possible that during the first year the monthly contribution may amount to only approximately €80, covering both health insurance for the family and contributions to the pension system.
For further information on registering as self-employed, please click here: Self-employment
3. You are a student
If you are studying in Spain, you may also register as a Residente provided that you have adequate health insurance, are enrolled at an educational institution funded or recognised by the Spanish Ministry of Education, and declare that you have sufficient financial resources.
4. Family members of “Residentes”
Family members of “Residentes” may generally also register as residents if they can provide evidence of the family relationship and financial dependency. With regard to health insurance coverage, they are generally covered in Spain through the “Residente” as a “beneficiario”. If one family member contributes to the Spanish Social Security system through employment or self-employment in Spain, the whole family (spouse and minor children) is generally covered by health insurance. However, Spanish Social Security may require Residencia as a prerequisite.
5. You have sufficient financial resources
If your circumstances do not fall within any of the categories mentioned above, you may still obtain “Residencia” if you can demonstrate that you have health insurance (private or public) and sufficient financial resources for yourself and your family. Evidence of sufficient financial resources may include, for example, ownership of real estate, rental income, savings accounts, credit cards, etc.
Required documents:
- Form (EX-18) completed and signed.
- Identity card or passport (original and copy)
- Certificate from the Municipal Register (Empadronamiento / Ayuntamiento)
- Reason for the application: personal, professional or family reasons.
- Employment contract, proof of registration as self-employed, or evidence of sufficient financial resources and private health insurance
Steps to apply for Residencia in Spain:
1. Make an appointment:
Link: Online appointment booking
Select your region and the relevant authority.
Under "TRÁMITE", select: "POLICIA- CERTIFICADO DE REGISTRO DE CIUDADANO DE LA U.E.".
2. Pay the fee, Tasa 790:
Link: Form for payment of the fee.
On the form, select: "TIE de residencia temporal de familiares de personas con nacionalidad española, Certificado de registro de residente comunitario o TIE de familiar de un ciudadano de la Unión y TIE asociada al Acuerdo de Retirada de ciudadanos británicos y sus familiares (BREXIT)."
3. Complete form EX-18 and submit your application.
Bring a printed copy of your appointment confirmation.
Bring two copies of the completed form (EX-18) together with copies of your identity document.
Where applicable, bring supporting documentation regarding the reason for your application (employment contract, proof of registration as self-employed, or evidence of sufficient financial resources and private health insurance, etc.).
Once you are registered as a “Residente”, you are generally considered resident in Spain for administrative purposes and may also be considered resident for tax purposes, meaning that you must comply with the corresponding legal obligations applicable to persons resident in Spain (tax returns, Modelo 720, etc.). It is important to note that even without “Residencia”, you may in certain circumstances already be considered tax resident in Spain and may therefore be required to declare your worldwide income in Spain. Understanding the key differences between residence, N.I.E. and Residencia is therefore particularly important. Further information on the distinction between these terms can be found here: Differences: Residence, N.I.E. and Residencia.
Our law firm will be pleased to assist you in analysing your individual situation and with the preparation and filing of the relevant tax returns. If you are interested in our services or have any specific questions regarding this subject, please feel free to contact us by email or telephone.
Author:
Nicole Gottschling
Management & Non-Resident
info@sspartners.es
Tel: (+34) 951 12 13 06
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