Entry and Stay in Spain for EU Nationals

Since Spain's accession to the European Union, the Spanish Government has progressively enacted legislation to regulate the entry, stay, and residence of nationals from other EU Member States on Spanish territory. On 14 February, Royal Decree 178/2003 was published in the Spanish Official Gazette (BOE), governing the entry and residence in Spain of nationals of EU Member States and other states party to the Agreement on the European Economic Area.

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This Royal Decree aims to regulate the administrative formalities required of all nationals of EU Member States wishing to enter and reside in Spain. It also applies to family members of Spanish nationals and of nationals of other EU Member States and states party to the Agreement on the European Economic Area.

RIGHTS:

The Decree establishes that the persons covered by its scope have the right to enter, leave, move freely, and reside in Spanish territory, and equally to access any occupation or activity under the same conditions as Spanish nationals.

ENTRY:

Family members who are not nationals of an EU Member State wishing to enter Spanish territory must hold, in addition to a valid identity document showing their nationality, the relevant visa.

SHORT-TERM STAY:

Where a person wishes to remain in Spain for a period of less than three months, they need only hold a valid identity document. Family members who are nationals of a country not covered by this Decree will also be required to hold the relevant visa.

CASES WHERE NO RESIDENCE CARD IS REQUIRED:

The cases in which a residence card is not required are as follows:

    · Workers and students who are nationals of EU Member States or of other states party to the Agreement on the European Economic Area.
    · Family members of EU nationals, as well as family members of Spanish citizens, provided they hold the nationality of a state to which this Royal Decree applies.
    · Nationals of EU Member States who work in Spain whilst maintaining their residence in their country of origin, provided they return there at least once a week.

However, anyone falling within one of the situations described above who applies for a residence card will be informed by the relevant administrative bodies that such a card is not required. If the applicant chooses to proceed with the application regardless, they will be issued either a residence card or a certificate of residence.

RIGHT TO PERMANENT RESIDENCE:

The right to reside permanently in Spain is granted to individuals who (holding the nationality of a country to which these regulations apply) have carried out an economic activity in Spain, whether as employed or self-employed workers, and who meet any of the following conditions:

    · They have reached the retirement age established under Spanish legislation, with entitlement to a pension, having worked in their profession for the preceding 12 months and having resided in Spain for more than three years.
    · They have ceased their activity due to a permanent disability preventing them from working, having resided in Spain without interruption for more than two years. The length of prior residence does not need to be evidenced where the disability results from a work-related accident or occupational illness.
    · After three years of continuous activity and residence in Spain, they carry out their activity in another Member State whilst maintaining their residence in Spain, returning at least once a week.

If the holder of the right to reside in Spain passes away, their family members may renew their residence card in any of the following circumstances:

    · The holder had resided in Spain for a minimum of two years at the time of their death.
    · The death was caused by a work-related accident or occupational illness.
    · The spouse was a Spanish national who had lost their nationality as a result of their marriage to the deceased.

CASES REQUIRING A RESIDENCE CARD:

A residence card is required for individuals wishing to remain in Spain for a period of more than three months but less than one year. Where the stay exceeds one year, this will be documented by means of a renewable residence card valid for five years.

Family members of EU nationals and nationals of other states party to the Agreement on the European Economic Area, who hold the nationality of a third country, will be issued a residence card whose duration is linked to the period of residence of the person on whom they depend, without prejudice to their right to permanent residence.

Family members of Spanish nationals who are citizens of another EU Member State will receive a residence card valid for five years.

VALIDITY AND RENEWAL OF RESIDENCE CARDS:

The right to renew a residence card is conditional on the cardholder continuing to meet one of the qualifying conditions for its issue. The validity of residence cards is not affected by absences of less than six months or by the fulfilment of military obligations.