People planning to move permanently to Spain and make their home in the sun must meet new rules to qualify for residency.
The Spanish Government has issued new residency requirements for all EU citizens – including Britons – who intend to remain to remain for longer than three months.
When applying for residency in Spain, EU citizens may be required to produce evidence they have the means to support themselves and their families.
And under the changed requirements they may also be asked to prove they have private or public healthcare insurance.
It is the right of all EU citizens, citizens of countries party to the European Economic Area and Swiss citizens, to move and reside freely within Europe.
Those planning to make Spain their home are required to register in person at their local 'Oficina de Extranjeros' (Foreigners' Office) or at certain police stations and will be issued with a residency certificate.
Ministerial Order 1490 came into force on 11th July and an unofficial translation in English is available on the British Embassy website www.ukinspain.fco.gov.uk (http://www.ukinspain.fco.gov.uk)
All applications must be accompanied by a valid passport or national identity document and depending on circumstances, supporting documentation: for employed workers a declaration they have been hired or a certificate of employment and for the self-employed evidence they are registered on the Economic Activities List or the Mercantile Registry, or papers showing they are registered with the Social Security System. Workers can also agree for details to be checked at the General Social Security Finance Office.
People who do not work in Spain must have documentation to prove they comply with two important criteria. Firstly they have public or private health insurance contracted in Spain or insuring cover in Spain during the period of residence equivalent to the cover provided by the National Health system.
The order says: "Pensioners will be considered to meet this condition is they can prove, by means of the corresponding certificate, that they are entitled to health care paid for by the State from which they receive their pension."
Applicants must also have evidence that they have sufficient resources for themselves and their family members so as "not to become a burden on Spain's social assistance system during their period of residence".
Proof of resources could be a regular income, ownership of assets, and acceptable papers to show this are property deeds, certified cheques, documentation showing income is received, credit cards, or an up to date bank certificate.
Students must be able to show they are enrolled with a public or private establishment, health insurance or a European Health Insurance Card valid for their period of residence, and they have sufficient resources not to become a financial burden on Spain.
Family members also have the right of residence but must also register as residents if they intend to live in Spain for longer than the three months.
The order was passed under the Spanish Constitution which gives the State "sole jurisdiction in matters of nationality, immigration, emigration, foreign affairs and the right of asylum."
This is really important news, what would we do without Fifi? - perhaps Admin can put it somewhere where it has prominence. We see so many people asking basic questions about living in Fuerteventura - the Government seems to have hit the two main problem areas - immigrants without funds for the medium to long term and immigrants without a healthcare plan
Spain is not the only EU state to impose these types of restrictions - Malta is another example where strict immigration rules apply
It will make future immigrants from the EU think again before they up sticks and come here to live. Hopefully then if they still decide to move they will provide a net input into the Canarian society
[I use the term "immigrant" reservedly as EU citizens are not "really" immigrants - but you know what I mean]
It will be interesting to see what happens with this new rule. Because the NIE number is now automatically combined with a type of residencia for "strangers" and has to be renewed after five years it may effect some of us in the future when we go to update our papers. Will it be worth doing just to get the discount on travel or would it be more trouble than it is worth?. Mine is due for renewal in September.
Why bother? Just stay three months and then pop back to the UK for a week or two, then start all over again!
How are they possibly going to implement these new "rules", when they can't even sort out a simple problem at the local town hall to do with IBI?? LOL!
Im presuming that once the date on mine is up that I will no longer be entitled to the discounts Emmi unless I renew it. Its handy for the 50% reduction on the flights and ferries. I dont think that it is possible to get a NIE on its own any more so it could effect everyone that needs a number.
The problem is that these "new rules" have many grey areas. For the many people who buy a home on the Island, they need to have an NIE number to do so. At the point of purchase they may not have plans to become a full time Resident. So where does that leave them?
Leaving aside the advantage of cheap travel if you have the Residencia, it seems to me that the mandatoroy disclosure of assets, income etc. then make one a Tax Resident when you may not want to be a Tax Resident!
Spanish Medical Insurance companies will also take gross advantage of this situation and most likely increase the cost of cover. Win win for them and lose, lose for the Residents.
It´s a pity the UK doesn´t give 2 fingers to Brussels too.
How long does the Residencia for cheap travel last? I heard some say only 3 months.
Mine has no end date as far as I know.
You need a Padron for cheap travel which only lasts 6 months. The Residencia has no time limit on it, at least so far it hasn't.
I have just checked my documents and I am wrong. I thought the date at the end said September 2012 but in fact it says 2009 and is the issue date. My apologies.
just a quickie, i have the green document NIE, now i have heard people say they expire, i have looked on mine, there is no date and asked my accountant and she said they dont expire... so what is it that does expire?
It's the Padron which expires and is easy to renew at the town hall. No hassle there.
You can find the translation here:
http://ukinspain.fco.gov.uk/en/help-for-british-nationals/living-in-spain/residence-req/residency-requirements-translation (http://ukinspain.fco.gov.uk/en/help-for-british-nationals/living-in-spain/residence-req/residency-requirements-translation)
They came into force on 9th July 2012
On the subject of health insurance, what are people paying for it?
Did a quick google but it seems to be a, 'how long is a piece of string' question. :)
Hi Deso, how are you? Ikea sell Health insurance through Mapfre for €39 a month. https://www.ikeafamily.net/seguros/Seguro_medico (https://www.ikeafamily.net/seguros/Seguro_medico)
Fine thanks Fi, looking forward to 6th October. :D
You OK?
Thanks for the link, I will get my translating head on. :)
Im great thanks Deso. :) I looked for an English link but couldnt find one for you.
We've owned a house here for 8 years now. We visit for holidays about five times a year; about 20 weeks a year in total and never more than 4 weeks in a row. We don't 'live' here, we 'live' in England. Do we need Residencia?
(We actually have it already but perhaps we were wrong in applying. No questions were asked other than identity. I'm guessing that sometime we'll all need to consider getting the new Residencia card.)
We're retired but not old enough to be pensioners. We have EHICs and annual multi-trip travel insurance.
I should take professional advice - in particular with regard to your property investments and personal finances in both countries - you can elect where you pay your taxes and are then classed as "domicile for tax purposes" different from "Resident" BUT the tax man knocketh both here and there!
On the insurance front - EHIC's are only for emergency treatment. You should check the T&C's on the multi trip insurance as they often have specific time limitations, number of days per trip, number of trips per year, etc.
Best be 100% to be sure. It seems all cash strapped governments are tightening the screws on people trying to avoid "the system" and not pay their dues into the society in which they live
In the last few days we've seen the reduction of the air ambulance service in The Canaries and two drownings, some think the result of the withdrawal of beach lifeguards by cash strapped local authorities. The withdrawal of the local bus service in Jandia is another example of the stringent cuts ayuntamientos are having to make as the money runs out!
I'm puzzled regarding the cover provided by Multi-trip annual insurance. I'm sure there are many people like myself who don't book a return flight to the UK whilst booking the UK-FUE leg and as far as I can tell, It's not a 'trip' in that case and medical cover ceases once you've landed here. I take Spike's point regarding specific time limitations, number of days per trip, number of trips per year, etc., but as far as I can tell the return flight needs to be booked before any cover is available. I'll be happy to be proved wrong if anyone has any information to the contrary !
Oystercatcher we're in a similar position to you i.e. around 20 weeeks each year in blocks of 3 to 5 weeks. As far as I am concerned we are not tax resident in the Canaries and have no additional tax liabilities after paying our non-letting income tax + the various taxes and charges associated with owning property. We have no income here, so what can they tax?
If staying for 3 months or more we would have to declare ourselves to the town hall, but we only become tax resident if we spend more than 182 days in any year - or am I wrong?
I tried to book a Ryanair flight from Fuerte to Madrid in December, but because I had to put in my Padron number, but because it woundn´t be valid by the time December comes around, they wouldn´t accept the booking. All other airlines only ask for your NIE number. I have now booked with Air Europa, no rip-off, no stress, no Gestapo Hitler, waiting with his little digital scales to get you if you´re one gram overweight. Stuff you O´Leary :'(
Tax domicile = where you live for 183 days in a year (at least, that's one simplistic definition but it can get much more complicated).
Resident status = here for more than 3 months and wanting to stay, legally.
Non-resident status = for those who have a presence on the island (i.e. property or long-term let, car, bank account...), but aren't resident.
Shout if I've got it wrong, anyone. :)
My sister who has a holiday home had to make a trip to the hospital in Mainland Spain last week and as well as her EHIC and passport she was also asked if she had private health insurance and had to produce her card.
So the new rules are in operation there. What would have happened if she hadn't private insurance too, I don't know. They rang her health insurer to confirm everything was in order. Not sure if she was dealt with under her insurance or EHIC.
That is confusing Annalivia as the EHIC card guarantees emergency treatment to the same standard as that given to local people within the E.U. Any emergency treatment is paid for by the UK Goverment [UK tax payers] under EU rules in government run health centres
Many "doctors" and "Health Centres" in tourist areas are run as private businesses and do not accept EHIC cards as they have no method of collecting the fees. They therefore insist on private health insurance cover, cash or a credit card!
You must attend a government run health centre or hospital where the EHIC card is accepted for EMERGENCY treatment
Hi everybody
I'm a little confused (easy, some say)
I've lived here on Fuerteventura as a full time resident for 4 years now; nie, residencia etc all up to date.
Do I now have to get medical insurance and proof of income, or is that ONLY for people requiring residency from July 9th onwards?
Thanks for any info, especially the lovely Fifi, and of course Spike
This is the latest article that I have read which refers to residents Dandare......
Foreigners Will Continue To Receive Healthcare For Any Ongoing Treatments.
The Minister for Health of the Canary Islands, Brígida Mendoza confirmed yesterday that all users of the Canary Islands Health Service (SCS), whether they be immigrants or not, will continue receive help for any condition they are currently being treated for, until they are discharged.
Mendoza was responding to one of the most controversial measures of the Spanish Government aimed at saving costs by limiting the availability of health care for illegal aliens who, from September 1, will only be attended to in the ER, or if they are pregnant, or if they are under 18 years old.
Those foreigners, including European nationals, who do not have entitlement to Spanish state health cover will no longer be able to be seen by a GP, or be referred to a specialist in non-emergency situations.
Entitlement is established either by currently making contributions to the Spanish Social security system or by having entitlement through a reciprocal scheme by way of an S1 or European health card, or by being registered as unemployed and having no income.
"Illegal Immigrants can rest easy, we will not allow inequalities. All those with a current illness will continue to be treated until they are discharged from hospital" reiterated Mendoza.
Also, responding to the concern of doctors that withdrawing health cover to a sector of the population will result in the spread of communicable diseases (like AIDS or tuberculosis), Mendoza said: "There is no question, all public health related diseases have been and will be treated, diagnosed and monitored by the Canary Islands Health Service, regardless of entitlement to healthcare. "
..................
As far as I know Anne, if your sister had said that she had no private medical insurance they would have to accept the passport and EHIC. If you go to a private clinic or doctor and tell them that you have private medical insurance you dont get your 50% residents discount and the insurance company has to pay the full amount. It is probably similar in the hospital.
She went to the local hospital not a clinic. It was her Irish cover but that covers her to some extent while overseas. She is under the impression she was dealt with under her EHIC but if she gets any letters in the near future from her private provider I will clarify this. The private clinic she went to first wanted €500 upfront and said she could claim it back. We weren't asked for private healthcare details when we were in the hospital earlier this year but it may have changed now with the change in the law.
I think the hospital might be compiling data on who has private health cover in line with these new rules.
Sheila W wrote:
Tax domicile = where you live for 183 days in a year (at least, that's one simplistic definition but it can get much more complicated).
Resident status = here for more than 3 months and wanting to stay, legally.
Non-resident status = for those who have a presence on the island (i.e. property or long-term let, car, bank account...), but aren't resident.
Tax is the only thing I've been certain about. (I used to be a specialist in the subject!) The 183 day rule is conclusive but, yes, it can get more complicated. It's unaffected by Residencia.
Sheila, your next two definitions are superb and make absolute sense. I've never seen it put that way before. I'm now sure that regular visitors like me don't qualify for Residencia because we haven't come here to live; we've come here to visit.
That must also solve the multi-trip travel insurance question. We are visiting and therefore travellers. Obviously our trips must comply with the trip-length rules in the policy and perhaps there's a return-flight rule too. I guess the policy will make it clear and, if not, it's something to check before travelling out.
It seems to address dandare's question too. Logically, Residencia being evidence that one intends to live in Spain, one has to take out whatever private health insurance non-Spanish residents are required to have. Presumably from the date of the Residencia. Perhaps it automatically invalidates the EHIC if presented by a Residencia holder.
And people like me, who should not have Residencia, should find out how to revoke it so we remain as tourists.
You are obliged to apply for Residencia if you spend 90 days in Spain. You become tax resident if you spend more than 183 days in Spain. I don't know how they check these things. I imagine you can fly under the radar if you have a private pension and don't have plans to work. I don't suppose there is a man employed to see how many times I fly in and out of Fuerte. :D
Quote from: annalivia on September 10, 2012, 22:22:29 PM
You are obliged to apply for Residencia if you spend 90 days in Spain. You become tax resident if you spend more than 183 days in Spain. I don't know how they check these things. I imagine you can fly under the radar if you have a private pension and don't have plans to work. I don't suppose there is a man employed to see how many times I fly in and out of Fuerte. :D
There isnt a little man, its called your passport.
Surely the 90 days people mention is a continuous period of 90 days, not 90 days in total spread over the year?
just checking i have this right,if you haven't a job over in Fuerteventura,you need enough funds to live on(how much?) and private medicial insurance straight away?
NIEs are supposed to be updated to a Registro after three months if you are planning on staying, so if you want this documentation you need to be able to prove that you will not be a burden on the State before it will be given to you.
...................................................................................
All applications must be accompanied by a valid passport or national identity document and depending on circumstances, supporting documentation: for employed workers a declaration they have been hired or a certificate of employment and for the self-employed evidence they are registered on the Economic Activities List or the Mercantile Registry, or papers showing they are registered with the Social Security System. Workers can also agree for details to be checked at the General Social Security Finance Office.
People who do not work in Spain must have documentation to prove they comply with two important criteria. Firstly they have public or private health insurance contracted in Spain or insuring cover in Spain during the period of residence equivalent to the cover provided by the National Health system.
The order says: "Pensioners will be considered to meet this condition is they can prove, by means of the corresponding certificate, that they are entitled to health care paid for by the State from which they receive their pension."
Applicants must also have evidence that they have sufficient resources for themselves and their family members so as "not to become a burden on Spain's social assistance system during their period of residence".
Proof of resources could be a regular income, ownership of assets, and acceptable papers to show this are property deeds, certified cheques, documentation showing income is received, credit cards, or an up to date bank certificate.
thanks Fifi ;),just getting everything in order
Good luck with everything Linzi. :)
Hello Fifi,
Our family of 4 are coming to Caleta for 6 months in December this year.
I will be working and so will one of my daughters. One will be doing some voluntary work.
As we are only staying 6 months (initially) but will hopefully return for good after a couple of months, do we apply for the resident status after our first 3 months or ASAP?
Hope you can help ;D
Katrina
Most Spanish private health care schemes seem to require a Residency certificate to join up. To get the residency you seem to have to have Spanish Private Health care, and I assume at the time of applying for the Registro you have to show you have the health care. Is this the case? If so, how do you get one without the other? Conundrum!
Registro?? I haven't heard this word before. (Although I haven't re-read through every word of this thread.) Is this the new term for what has previously been known a Residencia? ie the new little card issued subject to income & insurance.
Do we know the pprognosis for existing Residencia (A4 green certificate, no questions asked) holders? Will it be cancelled and then Registro required?
As an aside I am sure there are plenty of long term expats here with slender income and no health insurance.
"Slender income and no health insurance" sounds very dodgy to me!
I know this has been asked before but there appears to be no definitive answer as yet. Do the new changes have any bearing on those of us already with Residencia / NIE etc, ie do we have to do anything, or do the changes only apply to new applications?
As far as I can see, the green certificates don't have any form of 'expiry date' on them.