Legal Help - Living In Spain - An Overview

As Spain is a part of the Europe Union, matters are fairly simple for most European citizens who want to visit or settle in Spain.

Are You a Tourist or Potential Resident?

In a nutshell a tourist is a person who spends less than 6 months in Spain in any one calendar year. Officially, a tourist’s stay is limited to 90 days, to stay another 90 days you are required to obtain a permanencia from the authorities. This is a visit extension that is stamped in your passport. Anyone who stays in Spain more than 6 months should apply for a residence permit.

A Few Things to Take Into Account

If you are a pensioner and intend to retire to Spain you will have to show the authorities that you are in receipt of a pension every month or that you have sufficient means to maintain yourself prior to applying for your residence card in Spain.

For all other EU citizens who want to move to Spain and are not intending to work in that country, they will be required to show proof that they have financial means before they can apply for the residence card.

Your residence permit will include your NIE number, which identifies you to the Spanish tax authorities. This number is necessary for practically any transaction in Spain, such as paying your taxes. Even a non-resident who has anything to do with the Spanish tax system, e.g. owning property or by drawing interest from a bank also needs the NIE number.

Applying for Residency

This will be dealt with for you by our Spanish Moves legal representative. There are a number of things that you will need to provide to apply for this. These include:-

1. Proof of income to support you, i.e. Pensions, employment, benefits, savings etc.
2. Evidence of medical insurance (Form E-121) which you must obtain from your home Social Security office. This will allow you to transfer to the Spanish system for medical care. If you do not have EU social security, you will have to have private medical insurance in Spain. This policy plus a photocopy is required.
3. Your passport and one photo copy.
4. If one spouse is financially dependent on the other you will require your marriage certificate plus a photocopy.
5. 4-passport size photos.
6. A Form 750 (This will be dealt with for you).
7. Finally the completed application form Working in Spain.

EU citizens looking for work in Spain can apply for employment at Spain’s national employment service under exactly the same conditions as the Spanish. When they get a job, they can obtain their work and residence card on application. They will be required to pay into the Spanish Social Security system in return for medical care and an eventual pension.

If you intend to work in Spain, or start your own business, you can simply arrive in the country and begin paperwork immediately for residency.

Bringing your Possessions into Spain

Being an EU citizen you can freely bring your possessions into the country with no duties incurred. Spanish Moves Ltd regularly relocates families to Spain along with their possessions and vehicles.

Taking Your Pet with You

It is now allowed to take your pet to Spain with you. You must however fulfil all of the legal requirements to be able to do this.

You can obtain a free leaflet from Defra called (PETS), The Pet Travel Scheme, that outlines exactly what those requirements are. Tel +44 (0) 870 2411710 or E-mail: pets.helpline@defra.gsi.gov.uk

Taking your Vehicle to Spain

With a ferry that leaves Plymouth and goes directly to Santander (Northern Spain) it is relatively easy to take your car to Spain. The distance to Alicante is about 550 miles. Legally however you can only drive your vehicle for a period of 6 months and it should be garaged for the remaining six months of any year. One would rightly ask, “How would anyone know whether or not the car was being driven?” There is no effective way to know for sure, but you must remember that after a certain amount of time you will be driving un-taxed, un-insured and illegally. If you are stopped by the Spanish police you will be asked to provide evidence that your car is legal.

Spanish Moves arranges vehicle delivery to Spain for its customers and for other people who do not relish a long drive through Spain and having to figure out the somewhat complicated ring roads around Madrid etc.

Alternatively you can purchase a car in Spain provided you can meet one of the following criteria: -

1. You hold an official residence permit.
2. You can present your title deed to your home you own in Spain.
3. You present a rental contract of at least one year duration.

Vehicle tax is paid each year at your local town hall. The cost varies on the size of the vehicles engine. If you are not buying a brand new car you must have the equivalent to the English MOT which in Spain is called an ITV, and finally vehicle insurance is also required.

If it is only your intention to be in Spain for periods of less than 6 months it is worthwhile to obtain an official translation of your driving licence which often can be obtained from the Spanish Consulate in this country. It will hold you in good stead if you were stopped by the Spanish police, as they would appreciate the fact that they could read and understand it.

If you are going to live in Spain you will be required to have: -

A Spanish Driving Licence along with Your English Driving Licence translated (see above). To obtain a Spanish Driving Licence you must go to the provincial traffic headquarters with your present licence and a photocopy. You will be issued with your Spanish driving licence (a small fee is payable.)

It would be wise to remember that it is now against the law in Spain to not wear your seatbelts when traveling and also that it is illegal to use a mobile phone whilst driving your vehicle. Drinking and driving is also a serious offence.

Please remember the notes listed above are only meant as a guide to living and owning a property in Spain so please make sure you check everything yourself with the relevant authorities.