- This topic has 6 replies, 4 voices, and was last updated 10 years, 11 months ago by
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Once you have lived in Spain for five years you can apply for a certificate of permanent residency (Certificado de residencia permanente de ciudadano de la UE) which is explained (in Spanish, of course) at this page of the Ministry of Employment and Social Security.
The thing is, I don’t think this certificate is obligatory. The page says you “can” get the certificate after five years residency, nothing about being obliged to get it.
Does anyone know more about his certificate, if it is obligatory, and if not, what are the benefits of getting it?
Why go through the hassle of getting it (the usual time wasted standing in queues in the oficina de extranjería) if there are no advantages of having it, and it’s not mandatory?
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Well I think any UK resident who has a property in Spain and wants to stay there ought to seriously consider whether it is a- must have. After all if we have a vote in the UK that results in us leaving the EU the option will no longer exist ! I don’t think it confers quite as much security as obtaining Nationality but with a command of the language suggest you would probably get easy acceptance. Obviously if you are an ‘illegal’ and have paid no Spanish taxes and have no intention of paying them -its not for you ! I am dubious about being able to get this if you are currently No Residente .If you were to change status from that to Resident I am not sure they might allow the No Residente time to qualify -if you have paid the tax – I think not. So if we did leave the EU in less than 5 years it is difficult to benefit from this if you are not currently openly resident. The question that finally arises -if we left the EU could existing residents who acquired the status by virtue of our existing EU membership be deprived of it -either as a matter of pure ‘nationalism’ or because of other reasons of behaviour or failure to pay taxes. So the acquisition of permanent residence would provide more protection and most probably a right to Spanish Social Security if elderly and you fall on hard times due to say future rampant inflation. Finally once you have the certificate I suggest you ARE an EU citizen whatever happens in UK.
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Difficult for me to add to but you can be ‘deemed’ resident after 5years by Hacienda -fiscally that is. If you have been paying Spanish Tax that may be sufficient -after all they are hardly likely to throw you out .There is the other aspect that arises from obtaining Residencia after you have been there at 6 months presence at the Ministerio Extranjeiro.I don’t know how much the former might overlap the second.It seems that some people do one or other ? If you have British Passport then you are at the moment EU Citizen. This might change. -You are UK Resident if you spend 90 days in UK.- If you spend less than 90 days you are not. .If you spend 183 days a year in Spain you would be fiscally Resident -if declared and filed and ratified by Hacienda. You might have applied for a Residencia -as you are a citizen of the EU-I would suggest you have one of these and should renew it before its due to expires and it might be particularly useful if UK leaves the EU and if you can get one for 5years that’s better because I think if you are already Resident in Spain you are an EU citizen irrespective of what happens in UK. You are already then a Resident of Spain if Spain were to leave and does not any longer give residence to foreigners who are EU citizens without a particular level of wealth or investment. It might be particularly useful .If you live in Catalonia if you move to another part of Spain if that province were able to secede. . (This is only elucidation and extrapolation -not from a lawyer ! )
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@Clifford Chambers wrote:
I’ve been legally resident in Spain for ten years and have never heard of this. Have unsuccessfully tried to find an advantage to permanent residency for an EU citizen but have failed. In any event I understand it has to be renewed every five years, so it’s hardly permanent !
Me too. I only came across it doing some research into NIE numbers. I don’t see the point of this certificate. 😕
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I’ve been a resident in Spain for nearly 30 years and have had various forms of residency. The latest one is a bit of green paper called a certificado de registro…it actually doesn’t mention permanency or have a renewal date. I have had to present it for opening a new bank account and in the dole office! Mind you this was issued a couple of years ago.. no doubt the bureaucrats will have changed things again.
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