Spain: EU long-term residence
6 min read
EU long-term residence: It is a long-term residence permit-EU that authorizes to reside and work in Spain indefinitely under the same conditions as the Spaniards and grants the possibility of obtaining a residence or residence and work authorization in other Member States of the Union, in the conditions that they determine.
BASIC REGULATIONS
Council Directive 2003/109 / EC of 25 November 2003 on the status of third-country nationals who are long-term residents.
Organic Law 4/2000, of January 11 on Rights and Freedoms of Foreigners in Spain and their Social Integration (article 32).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (article 151 to 154).
REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Lack of criminal records in Spain and in their previous countries of residence for crimes existing in the Spanish law.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
Have resided legally and continuously in the Spanish territory for five years. Continuity will not be affected by absences of up to six continuous months, provided that the sum does not exceed ten months within five years, or if the sum does not exceed one year, if the absences are for work reasons.
For the required five years, the periods in stay for studies, student mobility or non-work practices will be computed in 50% of the duration of the same, provided that at the time of the application you are in residence in Spain.
Blue-EU card holders who have resided at least the last two years in Spanish territory, to compute the required 5 years, residence in the European Union as a blue-EU card holder will be considered. In this case the absences of the European Union may be for up to twelve continuous months, and the sum of these may not exceed the total of eighteen months within five years.
Have fixed and regular resources for their support and, where appropriate, the family in their care. For family units that include two members, an amount representing 150% of the IPREM will be required, for each additional member 50% more must be added.
The resources may come from own resources or from the realization of work or professional activities.
Have public or private health insurance that covers the risks normally insured to Spanish citizens.
REQUIRED DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time the application is submitted.
Application form in official form (EX – 11) in duplicate, duly completed and signed by the foreigner. This form can be obtained at: http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Copy of the complete passport, travel title or valid registration card.
Where appropriate, documentation proving the periods of prior residence as a blue-EU card holder in other Member States of the European Union.
Documentation accrediting sufficient fixed and regular resources for their support and, where appropriate, that of their family.
Documentation accrediting health insurance.
Important note: when documents from other countries are provided, they must be translated into Spanish or co-official language of the territory where the application is submitted.
On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention.
PROCESS
Subject legitimated to submit the application:
If they are in Spanish territory, the foreigner may submit the application personally or through representation.
If they are not in Spanish territory, the foreigner must submit the application personally.
Place of presentation:
If they are in Spanish territory: in any public registry and addressed to the Immigration Office of the province where they reside. The address information, telephone numbers and customer service hours can be found at: http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
If they are not in Spanish territory: in the Spanish diplomatic mission or consular office of their demarcation of residence.
Long-term residence fee-EU: will accrue at the time of admission to the application process, and must be paid within ten business days, it is:
Model 790 code 052 section 2.6 “long-term residence authorization and EU long-term residence authorization to be paid abroad
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
Deadline for resolution of the application: 3 months from the day following the date on which it had entered the registry of the competent body to process them. After this period has elapsed without the Administration having practiced the notification, it may be understood that the request has been estimated due to administrative silence, except in the case set forth in section i) having contributed significantly to the economic, scientific or cultural progress of Spain, or to the projection of Spain abroad, in which it will be understood that the request has been estimated if after 3 months counted from the day following the date on which it had entered the registry of the competent body to process the request, the Administration would not have notified. (When it has not been possible to notify the resolution, it will be announced on the Single Edictal Board (TEU) https://www.boe.es/tablon_edictal_unico. If you had opted for electronic or regulatory notification, you were obliged to use that medium, the resolution will be will notify by publication in the electronic headquarters. If the resolution is not accessed within 10 business days of its publication, it will be notified).
Within one month of notification of the granting of the long-term residence permit, the foreigner must personally request the Foreigners Identity Card at the Aliens Office or Police Station of the province where the authorization has been processed . To see where to go, the schedule and if you have to make an appointment you can consult: http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will show his passport or travel document or registration card at the time of the fingerprint process to prove his identity and will provide:
Foreigner identity card application, in official form (EX – 17) available at: http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Proof of payment of the card fee.
Three recent color photographs, in white background, passport size.
Holders of a long-term EU residence permit must request renewal of the foreigner’s identity card every five years. The request must be submitted during the sixty calendar days prior to the expiration date, if it is submitted at a later date, the corresponding sanctioning procedure could be initiated.
*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.
Last update: 01/2016
Feel free to CONTACT us if you wish. Our team will be happy to assist you. Thank you for your trust in our Lawyers Network!
