Residency in Spain: new rules

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With the departure of the United Kingdom from the European Union and other international circumstances, the conditions for residing in Spain as a foreigner have varied, with new requirements depending on the type of residence requested and the personal and professional conditions of the applicant.

Below you will find all the information in this regard offered by the Government of Spain.

1. NON-PROFIT RESIDENCE WITH NO GAINFUL ACTIVITY

REQUIREMENTS

Not being a citizen of a State of the European Union, the European Economic Area European Union or Switzerland, or family members of citizens of these countries who are application of the regime of Union citizenship.

Not being in Spanish territory illegally.

Not having a criminal record in Spain and in their previous countries of residence for crimes existing in the Spanish system.

Not be prohibited from entering Spain and not be listed as a person to be refused entry in the territorial space of countries with which Spain has signed an agreement in such sense.

Have the necessary financial means to cover the costs of the stay and return and, where appropriate, those of their relatives, in accordance with the following amounts:

· To be supported monthly by 400 % of the IPREM, which for the year 2019 was set at EUR 537.84.

· For the support of each of your family members, 100% of the IPREM .

· To have a public or private health insurance policy with an Insurance company authorized to operate in Spain.

· Not suffering from any of the diseases that may have repercussions of serious public health issues in accordance with the provisions of the International Health Regulations 2005.

· Not being within the commitment period for non-return to Spain that the foreigner has taken on when taking part in a return programme voluntary.

DOCUMENTATION

Copies of the documents must be provided and the originals exhibited at the time to submit the application.

Residence visa application form on the official model in duplicate, duly completed and signed by the foreigner, or his legal representative in case you’re a minor.

Passport or travel document, recognized as valid in Spain, with validity minimum of one year.

Certificate of criminal record or equivalent document, if of criminal age, issued by the authorities of the country of origin or the country or countries in which he has resided during the last five years.

Documentation accrediting the availability of economic means for the period that is requested.

It may be accredited by any means of proof, including the provision of property titles, certified checks or credit cards accompanied by a bank certification attesting to the amount available as a credit in the card.

If the means come from shares or holdings in Spanish companies, or foreign, based in Spain, will be accredited by means of certification of the same as the applicant does not exercise any work activity, accompanying sworn statement to that effect.

Documentation accrediting the availability of medical insurance.

Medical certificate.

Important note: when documents from other countries are provided, they must be translated into Spanish or the co-official language of the territory where the application.

On the other hand, all foreign public documents must be previously legalized by the Spanish Consular Office with jurisdiction in the country where that document has been issued or, as the case may be, by the Ministry of Cooperation, except in the case where such a document has been apostilled by the competent authority of the issuing country according to the of October 5, 1961, and unless such document is exempt from legalization under the International Convention.

PROCEDURE

Subject entitled to apply for temporary residence: the foreigner, personally. If you are a minor, your parents, guardians or representative duly accredited, personally.

Place of presentation: Spanish diplomatic mission or consular office in whose demarcation reside abroad.

Fees: will be due at the time of admission to the application process, and must be paid within ten working days, are:

o Visa issue fees

o Residence permit fees

Term of resolution: The deadline for notification of the decision is three months counted from the day following the date on which it was entered into the register of the competent body for processing. Once this period has elapsed without that the Administration has given an express reply, it may be understood that the request has been rejected for administrative silence.

In the case of a residence visa, the foreigner has one month since the notification to pick it up personally. If you do not do so, we will understand that it has waived the visa granted, and the procedure.

Once the visa has been collected, the applicant must enter Spain within the validity of the visa, which shall in no case exceed three months.

The initial authorization for temporary residence shall be valid for one year and the period of validity will begin on the date of entry into Spain.

Within one month of entry into Spain, the foreigner must apply the foreigner’s identity card in person, at the Foreigners’ Office or Police station of the province where the authorization was processed.

The applicant will show at the time of the fingerprinting process his passport or title of travel and contribute:

o Model of card application

o Proof of payment of the card fee .

o Three recent colour photographs, on a white background, passport size.

2. RESIDENCE AND SELF-EMPLOYMENT REQUIREMENTS

Not being a citizen of a State of the European Union, the European Economic Area European Union or Switzerland, or family members of citizens of these countries who are application of the regime of Union citizenship.

Not found irregularly on Spanish territory.

Have no criminal record in Spain or in their previous countries of residence for crimes existing in the Spanish system.

Not be prohibited from entering Spain and not be listed as a person to be refused entry in the territorial space of countries with which Spain has signed an agreement in such sense.

Not being, where applicable, within the commitment period of non-return to Spain that the foreigner has assumed upon his or her voluntary return to his or her country of origin.

Fulfill the requirements that the current legislation demands for the opening and functioning of the projected activity.

Possess the required professional qualification or accredited experience, sufficient in the exercise of the professional activity, as well as, where appropriate, membership when as required.

To be able to prove that the planned investment is sufficient and the impact, if any, in job creation.

To be able to prove that they have sufficient economic resources for their board and lodging, after deduction of those required for the maintenance of the activity.

DOCUMENTATION

Application form on the official model (EX-07) in duplicate, duly completed and signed. This form can be obtained from http://extranjeros.mitramiss.gob.es/es/modelossolicitudes/mod_solicitudes2/07-Formulario_cta_propia_FEB19.pdf

Complete copy of valid passport or travel document.

In retail business activities and provision of services listed in the Annex to Law 12/2012, which are carried out in permanent establishments, of which the useful surface is equal to or less than 300 square metres, declaration responsible or prior communication (under the terms of Article 71.bis of the Law 30/1992) and, where appropriate, proof of payment of the corresponding tax.

In the case of other activities and professional services, a list of the authorizations or licenses required for the installation, opening or operation of the planned activity or for the exercise of the professional activity, indicating the situation in which the procedures for its achievement are found, including, where appropriate, the certificates of application to the relevant bodies.

A copy of the documentation that proves that you have the training and, if applicable, the professional qualification legally required for the exercise of the profession.

Proof of sufficient financial investment, or commitment support from financial or other institutions.

Project of establishment or activity to be carried out, with indication of the investment expected profitability and, where appropriate, jobs that will be created is to be expected.

By way of example and regardless of whether it is justified by other means admissible in law, the last three paragraphs can be proved by the valuation report issued by one of the following organizations:

o National Federation of Employers’ and Workers’ Associations Self-employed (ATA)

o Union of Professionals and Self-Employed Workers (UPTA)

o Confederación Intersectorial de Autónomos del Estado Español (CIAE)

o Organization of Professionals and Self-Employed (OPA)

o Union of Associations of Self-Employed and Entrepreneurs (UATAE)

Important note: when documents from other countries are provided, they must be translated into Spanish or the co-official language of the territory where the application.

On the other hand, all foreign public documents must be previously legalized by the Spanish Consular Office with jurisdiction in the country where that document has been issued or, as the case may be, by the Ministry of Cooperation, except in the case where such a document has been apostilled by the competent authority of the issuing country according to the

of October 5, 1961, and unless such document is exempt from legalization under the International Convention

PROCEDURE

 Subject legitimized to present the application: the foreigner, personally.
 Place of presentation: diplomatic mission or Spanish consular office
corresponding to your place of residence.
 Residence and work rates: they will accrue at the time of admission to
application process, and must be paid within ten working days, are:
· Initial authorization for temporary residence
· Self-employment authorizations
 Deadline for request resolution: 3 months from the day after
date on which it was entered in the register of the competent body for its
processing. After said period without the Administration having practiced the notification, it can be understood that the request has been rejected by silence administrative.
 The diplomatic mission or consular office will notify the interested party of the resolution on the application for temporary residence and self-employment.
 In the case of concession, the worker has one month from notification
to apply personally for the visa, at the diplomatic mission or consular office
in whose demarcation he resides. The request must be accompanied by:
· Ordinary passport
· Criminal record certificate issued by the authorities of the country of
origin or the country or countries in which he have resided during the last five years.
· Medical certificate.
· Proof of having paid the visa fee,
 The diplomatic mission will resolve the request within one month.
 Once notified the granting of the visa, where appropriate, the worker must collect it personally within one month from the date of notification. If
visa is not collected within the aforementioned period, it will be understood that he have resigned and the file will be archived.
 Once the visa is collected, the worker must enter Spanish territory in the
visa validity period, which will be three months.

 After entering Spain, the worker has three months to
make his affiliation, registration and subsequent listing in the terms established by the Social Security regulations that apply.
 Within a month of the worker registering with Social Security, he must personally request the Identity Card of Foreigners in the Immigration Office or Police Station of the province where he has authorization processed.
 The applicant will display at the time of the fingerprint process her passport or title of trip and will provide:
· Card request in official model
· Proof of payment of the card fee.
· Accreditation of affiliation and / or registration of Social Security.
· Three recent color photographs, on a white background, passport size.