In order to settle in Spain, it is necessary to carry out procedures for foreigners, which vary according to the situation of each person. These formalities are subsequent to obtaining a permit to live in Spain. By doing so, the foreigner registers with the public administration and obtains the documentation he/she needs for his/her daily life.
Obtaining the NIE, foreigner's identity card (TIE), EU citizen's family card, etc. are a few examples of foreigners' procedures. Depending on the type of procedure, it can take from a few days to three months. EU citizens are also considered foreigners.
In MBT Abogados we receive many questions about immigration procedures. Here we briefly answer some of them. And then we will explain the 7 most common immigration procedures.
What is the difference between NIE, NIF and TIE?
The Foreigners' Identification Number (NIE) is required by any foreigner who carries out formalities in Spain, whether a resident or not. The Tax Identification Number (NIF) is used before the Spanish Tax Agency when you do not have a DNI or NIE. If you already have a NIE you do not need to obtain a NIF because it is the same number.
The Foreigner Identification Card (TIE) is a physical card with a photo that serves to prove our legal status in Spain.
What do I need to obtain the EU Family Card?
For children under 21, spouses and parents over 65 years of age, it is enough to prove the link with the family member who has an EU passport. For other family members, they must also prove that they are economically dependent on the family member.
How do I register a domestic partnership?
Each Autonomous Community in Spain has its own registry and requirements. You must go to your town hall and ask to be registered in the Registry of Unions of De Facto. It is a fundamental previous step to apply for the residence permit as a family member of an EU citizen and the TIE. This procedure is explained in this post, in the section 3.
Immigration formalities that you will have to complete in Spain
We explain the 7 most common immigration procedures, which ones you will have to do in your situation and the steps to follow:
1) Assignment of the NIE
The Foreigner Identification Number (NIE) is needed to carry out formalities before the Spanish public administration or the private sector. This is for all foreigners, whether they live in Spain or not. For example, if you live in Argentina and want to buy a property in Spain as an investment, not to emigrate, you will need a NIE.
The requirements to apply for NIE assignment are as follows:
- not being in Spain in an irregular manner.
- explain the reasons for requesting the NIE.
The procedure is carried out in person at the Immigration Offices or Police Stations. It can also be requested before traveling to Spain at the Spanish consulate closest to your residence in Argentina or the country where you live. The NIE is obtained within a maximum period of five days from the application.
To apply for the NIE, you must fill out Form EX15 and pay the Model 790 Fee Code 012.
2) Certificate of registration of EU citizenship
European Union citizens who wish to live in Spain for more than three months must register with the Central Registry of Foreigners. Upon doing so, they will receive a certificate of registration as an EU citizen.
The requirements to register and obtain the certificate are as follows:
- Present copy and original of passport or ID card of EU country.
- Be a worker or student
- To have a health insurance policy covering all risks in Spain
- To have sufficient resources so as not to become a burden on social assistance in Spain. The regulations establish that "a fixed amount may not be established, but the personal situation must be taken into account". of the applicant. It is clarified that the amount "shall not exceed the level of resources below which social assistance is granted to Spaniards or the amount of the minimum Social Security pension".
The procedure is carried out in person at the Foreigners' Offices or Police Stations of the province where you will be living. In addition to complying with the requirements, the Application for registration in the Central Register of Foreigners / EU Citizen Residence (Form EX18) must be submitted. It is necessary to pay the Tax Model 790Code 012.
3) Residence card of a family member of an EU citizen
Family members of EU citizens can settle in Spain, if they are accompanying or are going to join the EU family member. To do so, they must obtain the residence card of a family member of an EU citizen. The card serves to prove their legal status in Spain.
In the first instance, the initial card is obtained, which is valid for 5 years. Then it is exchanged for the Permanent Residence Card, which is valid for 10 years.
The procedure is done in person, at the Immigration Office or Police Stations of the city where you are going to live.
When applying for the card you must present the following documentation:
- Copy and original of passport or ID card from EU country
- Documentation proving the family relationship, apostilled or legalized.
- Spanish D.N.I. or Certificate of Registration as a citizen of the European Union of the family member.
- If necessary, prove that you are living at the expense of the relative.
- Three recent color photographs, white background, passport size.
- Application form for a residence card for a family member of an EU citizen (Form EX19).
- Proof of payment of Tax Model 790 Code 012.
Once the application for an EU citizen's family card has been submitted, the public administration must provide a response within a maximum of 3 months.
4) Alien Identity Card (TIE)
Non-EU foreigners who are going to live in Spain for more than 6 months must apply for the TIE. The card is used to prove your legal stay in the country. But to apply for it you must first have obtained the permit to reside in Spain. The TIE is not in itself the authorization, only the document that proves the legal residence. That is why it is mandatory to carry the TIE with you and show it when required by the Authority.
The validity of the TIE is that of the situation that authorizes you to live in Spain. For example, if you have a study visa for one year, the TIE will expire after one year. For this reason, the initial TIE card is applied for first. Upon expiration, renewal is requestedIf you have renewed your visa or situation that allows you to live in Spain.
The TIE can be for residence only, or for residence and work. It depends on your personal situation. The procedure is done in person, at the Oficina de Extranjería or Police Stations in the city where you are going to live.
The application must be made within the first month of arrival in Spain. You can make an appointment on the government website. On the day of the appointment you must bring the following documentation:
- Copy and original of passport or ID card from EU country
- A recent color photograph, white background, passport size.
- For the initial card, the visa or permit that authorizes you to reside in Spain.
- Affiliation and/or registration with Social Security, when applicable.
- In case of renewal of the TIE, if there has been a change of address, an updated census certificate must be presented.
- Application Form for Alien Identity Card (TIE) (Form EX17)
- Proof of payment of the Model 790 Tax Code 012
Once requested, a response is received within 45 days.
5) TLong-term Alien Identity Card (TIE)
The long-term TIE is for foreigners who have been authorized to reside and work in Spain indefinitely under the same conditions as Spaniards. There are two types of TIE: the long-term TIE, and the EU-long-term TIE, which is for EU citizens.
The main requirement for applying for the long-term EIT is have lived in Spain for the last five years2 years in Spain and 3 years in other EU countries for those who have the EU-Blue Card. There are other cases in which the period of time requested is less than five. We recommend consulting the portal of the Ministry of Inclusion, Social Security and Migration.
Although the right to live indefinitely in Spain does not expire, the long-term TIE is renewed every five years. The procedure is done in person, at the Oficina de Extranjería or Police Stations in the city where you are going to live.
The documentation to be submitted is:
- Copy and original of passport or ID card from EU country
- A recent color photograph, white background, passport size.
- Temporary residence card. EU-Blue Card for those who have lived in another EU country. And other documentation for the other cases that allow access to the long-term EIT.
- Sample Application Form EX11
- Proof of payment Tax model 790 Code 012
Once requested, a response is received within 90 days.
6) Resident certificate
It is requested when it is necessary to demonstrate the periods in which one has been a legal resident in Spain. The certificate is valid for three months from its issuance, and details the types of residence that the foreigner has had. For example, temporary residence, long-term residence, student visa, community card.
The certificate is used to apply for permanent residency, Spanish citizenship or to exchange a driver's license, among other procedures. The procedure is carried out in person. at the Immigration Offices or Police Stations. If you are outside Spain, you can apply for it at the Spanish consulate closest to your residence.
To request the resident's certificate, you must fill out Form EX15 and pay the Fee Model 790 Code 012. The certificate is issued within a maximum of five days from the date of application.
7) Non-resident certificate
It is for foreigners who need to prove that they are not residents in Spain. The procedure is the same as for the resident certificate. The same form -EX15- is used and the same fee is paid. It is also valid for three months.
We are a law firm in Barcelona, specializing in services to Argentines. We offer advice and management in a wide range of areas. If you need help with an immigration procedure do not hesitate to contact us by email or Whatsapp. Tell us your case and if we can give you a direct answer we will do it free of charge. Maybe your situation is more complex, and you need to meet with a specialist. In that case, a lawyer will analyze your case in detail. The The interview is conducted by videoconference or in person, has a duration of one hour and a fee of 150€.
