San Miguel de Salinas - the official rough guide of San Miguel de Salinas, Costa Blanca, Spain

RESIDENCIA - we previously reported that an end was in sight for the Residence card for EU-citizens, information from Fundación Instituto de Propietarios Extranjeros in February 2006.

Russell Thomson, British Consul in Alicante now responds:

Speculation and claims that the Spanish Government are due to abolish the requirement for nationals of European Countries to obtain ‘residencia’ are unfounded. He has said the claim is ‘totally and completely wrong’, that it ‘totally misinterpreted’ European Directives and he urges all British Nationals to register for the residencia card, despite the bureaucracy and delays frequently involved.

The Brussels Directive made in 2004 gave EU Countries 2 years to comply with new registration requirements but Spain had already, in 2003, ‘eased up on requirements for residency for people working in Spain, paying social security and tax’. Spain, the Consul said, had complied with all the requirements of the Directive.

The upshot is that all persons, including citizens of another EU Country, will require to register for residencia. Furthermore it is a requirement to register on the Padron of the town or city in which that person resides: the absolute necessity for this results in local government being able to acquire the funds to which they are entitled for services proportionate to their population.

Registration, both for residency and on the local padron, also enables a person to vote in local elections and obtain medical healthcare. To be a legal resident in Spain a person must register.

Fundación Instituto de Propietarios Extranjeros reported:

EU citizens will no longer need a residence permit to be able to stay permanently in Spain. From this time the member states shall have brought into force the laws, regulations and administrative provisions necessary to comply with Directive 38 of 2004. In the statement of general purpose for the directive we find the following golden words: “Citizenship of the Union confers on every citizen of the Union a primary and individual right to move and reside freely within the territory of the Member States….” and “Union citizenship should be the fundamental status of nationals of the Member States when they exercise their right of free movement and residence…”

First employees, business people and students
Spain has already complied with part of the directive when it comes to employees, business people and students, contributing or having contributed to the social security system. By a new law from 2003, European citizens in those categories are already exempt from taking out a residence card. Our association “Ciudadanos Europeos” welcomed this new law, but only as a first step, and has in letter to previous prime minister Aznar asked that also the retired Europeans be exempt from the residence permit. We even presented two years ago a proposal for a certificate of “empadronamiento”, replacing the residence card. The E.U. directive gives the member states the possibility for “the member states to require Union citizens to register with the competent authorities…attested by a registration certificate to that effect.” In our opinion, the fiscal identity card (N.I.F.) and the registration in the “pardon” must be sufficient.

Also family members and partners
The directive gives members of EU nationals the right to bring to another member state their family and even a partner if the legislation of the host member state treats registered partnerships as equivalent to marriage. In article 7 of the directive is stated that “All Union citizens shall have the right of residence on the territory of another Member State…if they are workers or self-employed in the host member state, or have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member State…and have comprehensive sickness insurance cover…” We are a bit worried about the calculations of the Spanish politicians on this point, continuously stressing the great expenses they have with the foreigners coming to Spain up to now on an E-111 or E-121 (without considering the income we create!). We hope Spain will not try to undermine the E.U. directive by establishing any kind of regulations restricting the health assistance to foreigners on the E 111 (from the beginning of this year the European Health Insurance Card) and E 121.

Rights established
In article 16, the directive addresses itself to the persons who are already residents in a E.U. country, saying “Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there….this applies also to family members who are not nationals of a Member State”. For residents in the Canary Islands, facing proposal by a local nationalist party that may endanger their continued stay, article 22 says, “The right of permanent residence shall cover the whole territory of the host Member State. Member States may impose territorial restrictions on the right of residence and the right of permanent residence only where the same restrictions apply to their own nationals” The Canary citizens are also Spanish nationals.

This report comes from the Fundación Instituto de Propietarios Extranjeros – http://www.fipe.org and is provided for information and guidance with their consent. We cannot comment on whether, when or if the Directives will be implemented.