Spanish law and accountancy firm Advoco yesterday attempted to clarify the current situation for anyone taking up or Spanish residency or thinking of doing so. Two new guides and a free online advice service are intended to resolve any lingering doubts over a system that has recently evolved.
Senior Advoco partner, Manuel Garcia Pedregosa, said that, judging by the high level of client enquiries on the subject, there is much confusion about what is required of foreign nationals living in Spain in terms of registering and proving their residency. The situation was not helped by the amount of conflicting and outdated advice published on the internet.
Much of the confusion relates to a 2007 law change that replaced the old system of foreign resident cards for non-Spanish but EU national residents of Spain with a requirement simply to register and obtain a certificate. Mr Pedregosa commented that in fact the new system was a “simplification”
Advoco has published two guides on its website to clarify the residency system and the related topic of Spain’s NIE number. They are also offering to respond to email queries on the subject free of charge.
Background
Spanish residency: key points
Separate systems exist for EU nationals and non-EU nationals. The latter, including those married to or otherwise dependent on a Spanish or EU national, still require a foreign residents card.
EU nationals planning to reside in Spain for 6 months or more need to register at the foreigners’ office as before but the application process has been streamlined and a certificate of residency rather than a photo ID card is issued.
EU nationals already resident in Spain who already hold a photo ID card need to take it to the foreigners’ office prior to expiry and exchange it for a residency certificate.
The residency certificate must be accompanied by a photo ID, usually a passport or copy of passport, as proof of identity.
The new certificates have no expiry date and do not need to be renewed.
Obtaining residency does not affect tax residency status one way or the other i.e. you can still be considered resident for Spanish tax purposes if you do not have a residency certificate and vice versa. One is likely to go with the other but are separately assessed.
The system has been further streamlined by the fusion of the NIE (fiscal identification number) and residency systems. Spain requires a NIE number for almost any significant transaction and previously its application was treated as separate from residency. Newcomers to Spain can now apply for both the NIE and residency together.
Resources and links:
Spanish residency guide http://www.advoco.es/
Spain NIE number explained http://www.advoco.es/
About Advoco Spanish Law and Accountancy http://www.advoco.es/
