New administrative requirements for the EU member state residence certificate

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29 May 2012 09:30 by kpw123 Star rating. 11 posts Send private message

Dear all

I was recently at the Police station in Torre Del Mar, Malaga, to translate for a couple who needed to renew their residency and was told by the lady at the desk to prepare for difficult times ahead!  She told me that very soon new regulations will come into play as far as the requirements to obtain a residence certificate, this I have checked out online and it is in fact true. I haven´t been able to find an English version of the requirements but can tell you that they will be asking for additional documentation on application. All you need at the moment is your passport, the application form and 10,20€. Very soon the circumstances will change. From what I can make out so far from the list I found you will need:

                  If retired ( and at retirement age, NOT early retirement) you will need to present accreditative documentation proving that you are claiming state pension.

                  If still working and paying into the Spanish system, a copy of the "Vida Laboral" which states your work history over the last year.

There are more cases, too many in fact to go through them all now, I would strongly advise that you visit the Consular services web site and go to "Entry and Residence requirements" where there is a notice stating that they are aware of imminent changes to requirements but still have no concrete news. For those of you who speak Spanish please have a look at the the Spanish Government site where there are various options to access information.

Just thought people would like to know, If I find any news on when this comes into effect I will post and advise everyone I can. I can also be contacted at the Ayuntamiento de Frigiliana where I run the Foreigners department.

Hasta pronto

Kevin

                

 

 





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29 May 2012 11:33 by dringman Star rating in www.Condadoexcursion.... 743 posts Send private message

dringman´s avatar

So if you do not have the green  or new blue certificate , then you should get it now?



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29 May 2012 11:46 by kpw123 Star rating. 11 posts Send private message

Yes, I would go sooner rather than later, even if you still have 2 or 3 years left on your existing certificate, just say that you´ve lost it and need to renew. Please remember if you go to Torre del Mar Police Station to be there early, they give out the first 40 tickets then won´t accept anyone else. Even if they have only given out 10 tickets, they won´t  assist anyone that arrives after 10am.

Regards

kevin





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29 May 2012 12:32 by ojosazul88 Star rating. 171 posts Send private message

So, are you saying that a European Citizien has the right to reside in any EEC country APART from Spain if they dont meet these new regulations? i.e not retired but not working too?





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29 May 2012 12:53 by kpw123 Star rating. 11 posts Send private message

They aren´t making it easy for us are they? I only gave 2 examples on my original message, there were too many to write down, have a look on the Spanish Government website for more detailed information. 





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29 May 2012 13:01 by dringman Star rating in www.Condadoexcursion.... 743 posts Send private message

dringman´s avatar

do you have a link?



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29 May 2012 13:04 by guslopez Star rating in Lorca, Murcia.. 749 posts Send private message

There is no requirement to renew it under EU rules, which take precedence. Once you have permanent residency that's it.

Even if you are applying for the first time & are denied you are still a resident under EU rules. The certificado de ciudadano de union is just a form , allowed under eu rules, that  allows countries to ascet iain how many citizens are from other eu states.

Not applying for a certificate carries a one off 300€ fine in spain or 59€ in Greece !

The decision to become a resident in another eu state cannot be offered by any  EU state but is decided by the citizen.



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29 May 2012 13:29 by kpw123 Star rating. 11 posts Send private message

Not as straight forward as I originally thought. I´ll be going back to see the Police this week with a list of questions ect.. It was them that told me that there were to be significant changes.

 





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29 May 2012 13:40 by guslopez Star rating in Lorca, Murcia.. 749 posts Send private message

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF

 



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29 May 2012 18:50 by johnzx Star rating in Spain. 3139 posts Send private message

KPW

What is the web page you are referring to ?



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30 May 2012 09:47 by kpw123 Star rating. 11 posts Send private message

Hi

Try the Ministerio del Interior website and follow extranjeria, there you will find various information regarding the new guidelines





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31 May 2012 09:25 by johnzx Star rating in Spain. 3139 posts Send private message

Hi Kevin,
                       I got the impression that you were referring to a particular piece of information on a web site.
 
As I have posted previously, at my Documentation Centre at the National Police, where I am a voluntary translator, there is no change at present other than people asking for appointment to present their application are being asked for a telephone contact number so that in the event of any changes, before their appointment, they can notified.  All aplicants are getting their  NIE or Reg Cert as previously.
 
 The O.I.C. of that that office was not aware two days ago what the changes might be,  but said they were expected to come into force in September. 
 
Re your post
…. I would go sooner rather than later, even if you still have 2 or 3 years left on your existing certificate ………………..
Kevin
 
The EU citizens Registration Certificate, at present,  does not have an expiry date. 



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31 May 2012 10:27 by kpw123 Star rating. 11 posts Send private message

Dear johnzx

After having had further business dealings with the Comisaria de Policía on behalf of the Ayuntamiento I have been informed that the new regulations will affect any new applications, existing EU Member State people who have been registered previously (have the green sheet) will just have to renew every 5 years from the date shown at the bottom without the added documentation.

If you read  the "Directiva 2004/38 Del Parlamento Europeo" it states that a "residente comunitario de cáracter permanente" has the right to reside in a member state for 5 years.  

All that said, the information is somewhat cloudy and until it is put into force I´ve decided to wait and see what happens when the changes are made.

 





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31 May 2012 12:54 by guslopez Star rating in Lorca, Murcia.. 749 posts Send private message

"Directiva 2004/38 Del Parlamento Europeo" it states that a "residente comunitario de cáracter permanente" has the right to reside in a member state for 5 years. 
No , once aquired it cannot be lost except for expulsion for  terrorism , offences against the state , etc or 2 consecutive years  out of the country.

 

Article 16

4. Una vez adquirido, el derecho de residencia permanente
sólo se perderá por ausencia del Estado miembro de acogida
durante más de dos años consecutivos.

" once aquired permanent residency cannot be lost except by

an abscence of 2 consecutive years out of the country of residence ."

 



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31 May 2012 13:43 by johnzx Star rating in Spain. 3139 posts Send private message

On 2nd April 2007 the Residencia was replaced by the EU Citizens Registration Cert. which does not have an expiry date only an issue date.  It is  the opinion of the O I C of the Documentation Centre (National Police) where I work.
 
In the light of the change in 2007, it would seem that the contents of the Directive of 2004 were superseded.
 
Until any new rules are published I don’t see any benefit in guessing.



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02 Jun 2012 08:34 by lenox Star rating in Mojácar. 33 posts Send private message

The old residence card, which was used for identification, had your photo, name, ID number (NIE), address and thumbprint on it. It was, in effect, the same card as the DNI, the ID card that Spaniards use.

Now, we are meant to carry our passports and a large, unfoldable blue A4 letter from the police, useless in itself, at all times. This interpretation of the European rules as understood in 2007 by Rubalcaba the noxious minister of the interior at the time, was meant, I am sure, to hassle his Fellow Europeans. Other countries allow a Tarjeta de Residencia (Carte de Séjours in France,  permesso di soggiorno CE di lungo periodo in Italy) which is stand-alone and wallet sized.

I use a Spanish driving licence for identification - while not accepted by banks, notaries and the cops, it is ok as a support for a credit card (photographic identification)


 



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02 Jun 2012 10:31 by gadget Star rating. 6 posts Send private message

 HI,  having just read this thread I went to check my NIE card, to find that it expired in October 2011!!!!!

 

I am under the age of retirement, but am retired and dont work.

 

Anyone know how this will effect me?

 

I live in Benissa, Alicante

 

Cheers

 

Gadget





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02 Jun 2012 10:45 by elaineG Star rating in Spain . 389 posts Send private message

Gadget I think you mean your old Residencia Card.
 
 The NIE cert is a piece of paper which does not ever expire.  I have had mine for over 20 years and it is still valid.
 
 The ‘replacement’ for the Residencia Card (for EU citizens) is registration on the EU Citizens Register. The piece of paper you will get, at present has no expiry date, but is NOT A VAILD  ID. So in law (if not in practise) you need to carry your ORIGINAL passport.
 
Good Luck





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02 Jun 2012 10:51 by gadget Star rating. 6 posts Send private message

 Hi and Thank you elaineG,

 

you are, of course, correct.  I was refering to my residencia card. The old one with the photo, which was much better than the new piece of paper.

I will call into the Policia local on Monday, after speaking with them, they asked me to go in and they would tell me which documents they need.

 

Thank you

 

Gadget





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02 Jun 2012 10:51 by gadget Star rating. 6 posts Send private message

 Hi and Thank you elaineG,

 

you are, of course, correct.  I was refering to my residencia card. The old one with the photo, which was much better than the new piece of paper.

I will call into the Policia local on Monday, after speaking with them, they asked me to go in and they would tell me which documents they need.

 

Thank you

 

Gadget





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