Registering on the EU Citizens Register (replaced the Residencia) The form in English

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20 Jul 2012 12:27 AM by ojosazul88 Star rating. 171 posts Send private message

 "But it is not the EU it is Spain."  ????????????  Yes and Spain is in the EU and cannot deny residency except under extreme cirumstances to other EU citizens.





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20 Jul 2012 9:39 AM by johnzx Star rating in Spain. 5242 posts Send private message

Ojosazul,
                          I think you may be jumping the gun.
 
If one is not legally resident in Spain then why would one apply for a Spanish DL and why would Spain issue one ? 

 An ilegal living in a country would not normally apply for any official paperwork as they are illegal.

 

 





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20 Jul 2012 11:18 AM by ojosazul88 Star rating. 171 posts Send private message

Johnzx, you are misunderstanding what im saying, im only referring to EU citizens, so they would not be illegal in Spain yet if they couldnt meet the new eu registartion requirements in Spain, ie proof of funds or health rights, could be potentially denied this paperwork.

 

 





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20 Jul 2012 1:21 PM by johnzx Star rating in Spain. 5242 posts Send private message

 

As an EU citizen, if you are in Spain for more than 3 months permanent or a total of 183 days then you must register.  If you do not or cannot then you presumably are illegally in Spain.
 
(I know some posters say that we have the right to be here etc. but if Spain says we are not then obviously Traffico are not going to give you a Spanish DL)

 

So step 1

                              get legal

 

Step 2

                               get a DL


This message was last edited by johnzx on 20/07/2012.



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20 Jul 2012 9:05 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

Roberto´s avatar

I think ojosazul88 is trying to make an interesting point. There seems to be a lot of confusion surrounding this new ruling about having to provide proof of income etc. in order to be granted the right to reside in Spain. I don't know the answer to this - but does any indiviual member state of the EU have the right to impose residency conditions on other EU citizens or not? I thought not, but maybe they can. I read recently that if a person coming from outside the EU says the magic words "I want to claim assylum", they have the right to remain until their case is heard (which can be years) - so maybe new arrivals from the UK should try the same tactic? 



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"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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21 Jul 2012 8:40 AM by johnzx Star rating in Spain. 5242 posts Send private message

 
Quote:   “There seems to be a lot of confusion surrounding this new ruling about having to provide proof of income etc. in order to be granted the right to reside in Spain.
 
Whilst I am not supporting the changes I do not think there is much confusion about what one now needs to do. 
 
This is from the thread   “Latest info re EU Citizen Registration (formerly Residencia)”
........................................................
 
This is the latest info regarding the requirements for EU Citizen Registration. 
At present I have no knowledge how the system is or will work in practice,
 
 
 
DOCUMENTACIÓN ACREDITATIVA PARA CERTIFICADO DE REGISTRO
 
 1. Copia de pasaporte o documento nacional de identidad, válido y en vigor, del solicitante o copia de los mismos caducados y de la solicitud de renovación. 2. Tasa pagada (10.30 euros)
 
3. Los documentos que a continuación se detallan según los casos:
 
TRABAJADOR CUENTA AJENA.- Uno de los siguientes documentos: - Declaración de contratación del empleador
 Incluyendo nombre de la empresa, C.I.F. de la empresa, Código Cuenta Cotización en la SS de la empresa.
- Certificado de empleo
 - Contrato de trabajo registrado en el S.P. Empleo - Alta en la SS
 O bien consentimiento para la comprobación de datos en los ficheros de la Tesorería General de la Seguridad Social.
 
TRABAJADOR CUENTA PROPIA.- Uno de los siguientes documentos:
 - Inscripción en el censo de actividades económicas.
- Inscripción del establecimiento mercantil en el Registro Mercantil. - Alta en la SS
 O bien consentimiento para la comprobación de datos en los ficheros de la Tesorería General de la Seguridad Social.
 
 
NO TRABAJA.- Todos los documentos siguientes:
 - Seguro de enfermedad con cobertura durante su período de residencia equivalente a la proporcionada por el Sistema Nacional de Salud (pensionistas será suficiente con documento que acredite que tienen derecho a asistencia con cargo al Estado que le paga la pensión).
- Prueba de recursos suficientes (mínimo 5.007,81 euros)
 
 
 ESTUDIANTES.
 
­Posibilidad 1:·         Matrícula
·         Seguro de enfermedad o tarjeta sanitaria europea válida durante todo el período de residencia.
·         Declaración de que posee recursos suficientes.
 
Posibilidad 2:      Acreditación de ser participante en UE de intercambio educativo
 
 
 
 
 
ENGLISH TRANSLATION  (by Bing)
 
 
 
SUPPORTING DOCUMENTATION FOR CERTIFICATE OF REGISTRATION
 
1. Copy of passport or national identity card, valid and in force, of the applicant or copy of the same expired and the application for renewal. 2 Rate paid (10.30 euros) xx
3. The documents listed below as appropriate:
 
 
WORKER  employed
 
-one of the following documents:-20th employer recruitment statement
 Including company name, CIF of the company code account trading on the SS of the company.
-Certificate of employment
-Contract work registered in the employment S.P. - high in the SS
Either consent to the verification of data in the files of the General Treasury of the Social Security.
 
WORKER, self employed .- 
 
   one of the following documents:
-Registration on the Census of economic activities.
-Registration of the mercantile establishment in the mercantile registry. -High in the SS
 
Either consent to the verification of data in the files of the General Treasury of the Social Security.
 
 
 NOT working.              -all of the following documents:
 
 -Health coverage during their period of residence equivalent to that provided by the national system of health insurance
(pensioners will be accepted with documentation that certifies they are entitled to medical assistance, paid by the State which pays the pension).
 
-Proof of sufficient resources (minimum 5.007,81 EUR)
 
 
 
ESTUDIANTES.
 
 
Method 1:
 • Registration
• Insurance of sickness or European health insurance card valid throughout the period of residence.
Declaration that he has sufficient financial resources.
 
 
Method 2:
Accreditation to be member in EU educational exchange





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21 Jul 2012 4:10 PM by guslopez Star rating in Lorca, Murcia.. 745 posts Send private message

Lets get it quite clear for once & all. EU regulations state that any citizen from any EU country has the right to CHOOSE to become resident in any other EU country. The countries HAVE NO SAY IN THE MATTER WHATSOEVER ! The only thing that they can ask , if they so wish, is that you register as a 'foreign citizen' on a register. Failure to do that can result in a fine, 300euros in spain but only 59 in Greece. A failed attempt at registering denes them the right to impose a fine.

Regardless of whether you register or not you cannot be thrown out/deported . It is totally against EU rules.

You cannot be thrown out on economic grounds under any circumstances.

You can only be thrown out/deported from any country for A) offences against the state or B) terrorism.C)public health reasons.

From here;

http://europa.eu/legislation_summaries/internal_market/living_and_working_in_the_internal_market/l33152_en.htm

 

 

Under EU rules Any permanent foreign resident is identical to a Spanish/French/German/Italian, etc;etc; etc; national. You cannot be treated any differently & in regards of information, you cannot be asked anything that a National of the country would not be asked. 

In addition you should not be asked to supply info that requires you to run around getting it but should point out that , regarding health, they have a duty under EU directive883/4 to obtain said info from the other country counterparts directly via internet/phone which is what the directive lays down.

In the event of a difference between National law & EU rules, Eu rules ALWAYS take priority , except when national law gives better conditions.

All of the above info. is freely available witha bit of effort on the internet

 



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Todos somos Lorca.




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21 Jul 2012 8:04 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

Roberto´s avatar

"In the event of a difference between National law & EU rules, Eu rules ALWAYS take priority" - that may be the case in theory, but most if not all EU member states seem to pretty much ignore that when it suits them. The point ojosazul88 was making I think is that if the Spanish authorities refuse to give you a certificate of registration (for example because you don't have private medical insurance) what in practice can you do about it? It seems to be a pretty daft bit of "legislation" anyway, because what would constitute proof of health coverage for the period of residency? I think most health policies have a duration of 1 year. Are they going to check every year that foreign residents have renewed their insurance, and if not deport them?



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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22 Jul 2012 7:26 AM by guslopez Star rating in Lorca, Murcia.. 745 posts Send private message

" It seems to be a pretty daft bit of "legislation" anyway, because what would constitute proof of health coverage for the period of residency? I think most health policies have a duration of 1 year. Are they going to check every year that foreign residents have renewed their insurance, and if not deport them? ""

 

You are perfectly correct. Some will even cancel them immediately ! Once you have the first certificate then renewal ,& permanent residency, is guaranteed as no further info . can be asked for nor qusetions asked.



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Todos somos Lorca.




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23 Jul 2012 9:48 AM by 66d35 Star rating. 243 posts Send private message

This is interesting:

NO TRABAJA.- Todos los documentos siguientes:
 - Seguro de enfermedad con cobertura durante su período de residencia equivalente a la proporcionada por el Sistema Nacional de Salud (pensionistas será suficiente con documento que acredite que tienen derecho a asistencia con cargo al Estado que le paga la pensión).
- Prueba de recursos suficientes (mínimo 5.007,81 euros)

Would appear to directly contravene Article 8(4) which explicity prohibits Member States from laying down a fixed amount to be regarded as "sufficient resources", either directly or indirectly, below which the right of residence can be automatically refused.

 

 

 

 





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23 Jul 2012 10:05 AM by gerrryuk Star rating in Mezquitilla, near To.... 179 posts Send private message

gerrryuk´s avatar

 this would reject 90% of immigrants into the UK !!!!!!



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24 Jul 2012 3:15 PM by johnzx Star rating in Spain. 5242 posts Send private message

I was aware of an ‘interesting’ problem this morning.
 
A person who had come to Spain from UK yesterday, having been offered a job, was  applying for an NIE . He had an appoinment and had ompleted the application as per the 'old' method.   He was told that as it was a permanent job he would need to Register on the UE Foreign Citizens Register.
 
The problem was though that he was not strictly unemployed and also he did not actually have a job. He needed the NIE/Registration to take the job but his application did not fall within any of the parameters (employed, unemployed etc.).
 
The promised resolution was that if he provided a proper letter of confirmation of the job offer, showing the registration numbers of the company etc. and the passport number of the applicant, and the 'old' MO application papers, that the office would issue him with the registration tomorrow, so he could take up the position.
 
I would add that only was only after he had insisted on being provided with a complaint forms,  that the compromise was provided.
 
Maybe, the moral of the story: If you don’t get treated as you believe you should insist on the complaints form.





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24 Jul 2012 5:46 PM by 66d35 Star rating. 243 posts Send private message

That is bizarre, as there is no connection between an NIE number and residence, and the EU Citizens Registration certificate is not legally required unless 90 days have elapsed....

I would suggest the person files an additional complaint with SOLVIT in this case.

Some very strange stuff goes on here!

 

 





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24 Jul 2012 7:11 PM by Roberto Star rating in Torremolinos. 4551 posts Send private message

Roberto´s avatar

 "I do not think there is much confusion about what one now needs to do"

Wanna rethink that now, JX?



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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24 Jul 2012 7:55 PM by johnzx Star rating in Spain. 5242 posts Send private message

66D
 
The basis for the requirement for the EU registration was that the job was permanent, and therefore the guy intended to stay for more than 3 months.     I believe that is a requirement for registration.
 
 
(Posted for information and to assist,  not for argument.





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24 Jul 2012 8:21 PM by GuyT Star rating. 511 posts Send private message

 It's that dangerous time of the evening to post comments. Sipping a nice Amarone, since I'm in the UK for a few days. It would stick in the craw to buy Spanish at 3x the price I can in my local superette.

But, apropos all this stuff, I had a call from one of my kids this afternoon who is in the process of getting a job in Germany working as a receptionist in a hotel.

She (with a personal stack of UK, USA, South African, Aussie & Zimbabwe passports) has to register with the German tax authorities and apply for a SIX MONTH VISA in order to proceed with her employment.

When I gave my barrack room lawyer opinion that they were out of order, she replied:

You are probably quite right daddy but I need to get the job.

So perhaps we aren't treated so badly here en Espana. btw,  Espana esta jodida, and that's beyond denial. desafortunadamente.

 


This message was last edited by GuyT on 24/07/2012.



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27 Jul 2012 9:59 AM by johnzx Star rating in Spain. 5242 posts Send private message

 

Just to up-date my post pf 24th July.
 
The guy was able to register the following morning without any problems and hopefully will now be able to take up the job which he had been oferred
 
Nice to be able to post some good news about how Spanish officialdom can be flexible when required.

 


This message was last edited by johnzx on 27/07/2012.



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27 Jul 2012 10:52 AM by Roberto Star rating in Torremolinos. 4551 posts Send private message

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Shame, though, that that "flexibility" is only achieved by registering a complaint (according to your previous post). Sounds like the Germans, whether or not they are also flouting EU regulations, at least know what they're doing and are prepared for every contigency, rather than making it up as they go along.



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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11 Aug 2012 8:37 PM by eric76 Star rating. 2 posts Send private message

Thanks for this thread its been most useful being one of those looking to move to spain soon but unsure of the new residency rules.

 Whether legal or not I figured I'd have to comply and that resistance was futile.

 May I ask as a summary of the thread Is it simply a case then that as one with no employment I can show I need to have european health insurance and 5k in euros and I'm in?

 





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12 Aug 2012 9:02 AM by Julianx Star rating in Spain. 61 posts Send private message

 

erro

This message was last edited by Julianx on 12/08/2012.



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