Important changes have come in for residence permits for EU citizens. Here's a brief guide.

EU citizens

Recently changes have been made to the regulations for EU citizens.

EU citizens coming to live in Spain are now asked to report within three months with their passport to a "Foreigners' Office" (Oficina de Extranjeros) in their province of residence or a designated police station.

They will receive a certificate stating name, address and nationality, identity number and date of registration.

The certificate replaces Spain's residence card, or residencia.

But EU citizens who already have valid residence cards need take no action until the card expires.
 
The change, which came in in March this year, has not been immediate on the ground, so you may be still asked for a residence card.

The changes make little difference to the rights of EU expats to receive free treatment within the Spanish health system.

If the individual is under pensionable age they have no automatic right of access to free extended healthcare.

Showing an Ehic (European Health Insurance Card) will provide free emergency care, but this is a provision for holidaymakers and those on "short" visits. These are the same as the old E111 cards or forms.

So EU expats, who are retired, employed, or registered self-employed, are entitled to access to state-run healthcare and can expect the same treatment as a Spaniard.

Unfortunately, those who have not reached UK pensionable age, are not getting a disability pension, and are not working, are likely to be disappointed other than in an emergency - a definition, it must be said, that is not clear cut.

The British Foreign Office advises: "Those who settle in Spain after early retirement, ie before the normal UK pensionable age should consult their local DSS office before travelling."

It adds: "Think ahead: deteriorating health should be taken into account when considering medical costs so it is advisable to take out adequate private insurance, which will cover medical and dental treatment and even repatriation to the UK."

Pensioners will probably have contributed to the British social security system through their National Insurance contributions and consequently also get access to healthcare, provided they register with form E121 from the Department of Social Security in the UK.

The British Treasury financially compensates its Spanish counterpart for each pensioner.

Equally, UK citizens on a disability pension are entitled to use the Spanish health system in the same way as UK pensioners.

Officials from EU countries argue over how much they should pay each other to reimburse healthcare costs for the average expatriate pensioner. The figure is then multiplied by the number of registered pensioners in the country concerned.

Non-EU citizens

Foreigners from outside the EU need a residence permit to live in Spain.

To enter the country, non-EU citizens are required to show a valid passport and the corresponding visa.

Visitors can stay for 90 days, but in order to stay in Spain it is necessary to obtain either an extension or a residence permit.

Types of residence permit

• Temporary residence permit: This allows you to remain in Spain for a period of time between 90 days and five years. The permit may be renewed after that time.
• Permanent residency permit: This is available to all foreigners who have held a normal residence permit for a continuous period of five years. It should be renewed every five years.
• Residency permit for special circumstances:  This is for non EU-foreigners whose asylum application had been rejected but who have been authorised to stay in Spain by the Spanish Ministry of the Interior.
• Residency permit for reuniting families: This permit entitles non-EU foreigners residing in Spain to apply for the Spanish residence of the closest family. The applicant must have been legally residing in Spain for at least one year and must have authorisation for another year.

How to get a permit

Applications must be made in person at the foreigners' office (Oficina de Extranjeros) or the national police station (Comisaría de Policía Nacional) with a Foreigners' department in the city in which you are going to live.

You must present the following documentation, depending on the type of permit you are applying for:

• Valid passport
• Current residence visa
• Proof of previous legal residence of the foreigner in Spain, e.g. a long-term rental contract or receipts for rent
• Certificate of criminal record issued by the authorities of the foreigner's home country
• Several passport-size photographs
• Medical certificate (certificado medico), if this has not already been presented for the visa application
• Proof of financial income to support you during the period of residence in Spain —pension details, salary slips, etc
• Proof that your health assistance is guaranteed during your residence in Spain
• Marriage or divorce certificate or other papers relating to your marital status

A Spanish translation will be required when applying for reuniting your family.

Residence permits will be renewed, provided that neither your personal nor economic situation has changed.

Applications must be made at least a month before the residence permit has expired, otherwise you could be fined.

Residence permits are issued by the Spanish Ministry of Public Safety (Ministerio del Interior). You should carry your residence card with you at all times as it constitutes a mandatory identity card for foreign residents in Spain.

More information

Call the Ministry of the Interior free on 900 15 00 00 or visit www.mir.es (in Spanish)

These are only general guidelines and not definitive statements of the law. All questions about the law's applications to individual cases shall be directed to a Spanish lawyer.

Article by iAbogado Servicios Jurídicos SL (Madrid, Spain). Visit www.SpainLawyer.com for more original content like this.

[Updated August 2007]