For all Britons living in Spain, I recommend applying for Spanish residence before departure of Great Britain, these are the requirements.

On 10 July 2012 the Spanish government introduced details of the new residency requirements for all EU citizens, including British nationals.

The Ministerial Order sets out the new residency requirements and some of the documentation applicants may be asked to present.

Applications for registration as residents will be filed in person in the Immigration Office of the province where they intend to reside or in the relevant Police Station.

If the application for registration does not meet the necessary requirements for it to be processed, the interested person will be required to correct any faults or attach the obligatory documents within a period of ten days and he will be informed that, if he does not do this, it will be assumed that he has abandoned his application, by reasoned decision, which does not exhaust the administrative procedure and which may be appealed against.

The certificate will be issued immediately, once compliance with the corresponding requirements has been confirmed. This certificate will give the name, nationality and address of the registered person, his foreign national identity number and the date of registration.

Supporting documentation:

All applications for registration must be accompanied by the applicant’s passport or national identity document, which shall be valid and in force. If these documents have expired, a copy of these and the application for renewal must be produced.

In addition, the following documentation will be required, depending on the applicant’s circumstances:

  • a) Employed workers must produce a declaration to the effect that they have been hired by the employer or a certificate of employment. These documents must include, as a minimum, details of the name and address of the company, tax identification and Employer’s Social Security Number. Presentation of an employment contract registered with the corresponding Public Employment Service or a document of registration or situation similar to registration with the corresponding Social Security System will be accepted, although it will not be necessary to produce these documents if the interested party agrees to have his details checked against the General Social Security Finance Office files “Ficheros de la Tesorería General de la Seguridad Social”
  • b) Self-employed workers must produce evidence to the effect that they are self-employed. Registration on the Economic Activities List “Censo de Actividades Económicos” or proof of their establishment by means of registration in the Mercantile Registry “Registro Mercantil” or a document of registration or situation similar to registration with the corresponding Social Security System will be accepted, although it will not be necessary to produce these documents if the interested person agrees to have his details checked against the General Social Security Finance Office or Taxation Office files “Ficheros de la Tesorería General de la Seguridad Social o de la Agencia Tributaria
  • c) People who do not work in Spain must produce documentation proving that they comply with the following two conditions:
  1. Public or private health insurance contracted in Spain or in another country, provided that it ensures cover in Spain during their period of residence equivalent to the cover provided by the National Health System. Pensioners will be considered to meet this condition if 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.
  2. Have sufficient resources, for themselves and their family members, not to become a burden on Spain’s social assistance system during their period of residence. Proof of the possession of sufficient resources, whether from regular income, including work income or income of another kind, or from ownership of assets, will be given by any legally admissible evidence. The possession of resources that are more than the amount established each year by the State General Budgets Act “Ley de Presupuestos Generales de Estado” that justifies the right to receive non-contributory benefits, taking into account the interested persons’ personal and family circumstances, will be regarded as sufficient proof to meet this requirement.

These are the amounts for this year 2016.

One person 5.136,60 euros.

Two persons 8.732,22 euros.

Three persons 12.327,84 euros.

Four persons 15.923,46 euros.

  • d) Students, including those who are taking vocational training courses, must present documents proving fulfillment with the following conditions:
  • Enrolment in a public or private establishment, accredited or financed by the competent educational administration
  • Public or private health insurance contracted in Spain or in another country, provided that it ensures complete cover in Spain. However, this condition will be deemed to be met if the student has a European Health Insurance Card that is valid for a period that covers the entire period of residence and that allows him to receive, exclusively, any medical assistance that are necessary from a medical point of view, taking into account the nature of the assistance and the envisaged duration.
  • Sworn Statement that he has sufficient resources for himself and his family members, so that they do not become a burden on Spain’s social assistance system during their period of residence. Participation in European Union programmes that promote educational exchanges for students and teachers will be regarded as sufficient proof of compliance with these requirements.

Non-EU family members

There is also provision for non-EU family members, who have entered on valid passports and visas (where required), to reside with EU citizens, providing they too register in person at the Oficina de Extranjeros or designated police stations within 3 months of entry. They will be issued with Tarjetas de Residencia de Familiar de Ciudadano de la Union (Residency cards for family members of EU citizens).

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English, German and Spanish speaking lawyers/abogados serving Marbella, Granada, Antequera and inland Andalucia, Southern Spain