EU Citizens: Registration of Right to Reside

Under Spanish law, citizens of the European Union do not apply for residency in the same way as non-EU nationals; instead, they exercise a pre-existing right of residence derived from EU law, and implemented in Spain through the Spanish Royal Decree.

This Decree establishes that an EU citizen has the right to reside in Spain for more than three months where they are working or self-employed, or where they have sufficient resources for themselves and their family members so as not to become a burden on the Spanish social assistance system, together with comprehensive health insurance, or where they are enrolled as a student with health insurance and sufficient means.

This right exists independently of any administrative process, and the requirement to attend the Foreigners’ Office or Police Station within three months is therefore not an application for residency but a registration in the Central Register of Foreigners.

For this registration, the individual must present a valid passport or national identity document (or proof of renewal if expired), together with documentation demonstrating that they meet one of the Article 7 conditions, such as an employment contract or proof of self-employment, evidence of sufficient financial means, proof of comprehensive health insurance covering all risks in Spain, or confirmation of enrolment in an accredited educational institution, after which a registration certificate is issued stating their details and Foreigner’s Identity Number. It should also be noted that a certificate of registration on the municipal census (padrón) is not a legal requirement under the  Decree; however, in practice, authorities frequently request a padrón certificate at the time of registration, despite it not forming part of the formal requisites established in law.

In relation to family members, the distinction must be clearly understood: where the family member is also an EU citizen, the same registration procedure applies,  however, where the family member is a non-EU national, they must apply for a residence card as a family member of an EU citizen, which is a formal residence authorisation process resulting in the issue of a residence card, even though the underlying right is still derived from EU law.

This stands in clear contrast to non-EU nationals generally, who must apply for and be granted residence authorisation under Organic Law 4/2000 before they can legally reside in Spain, highlighting that for EU citizens the process is one of evidencing an existing right, not seeking permission to reside.

The Royal Decree states: Residence for more than three months of citizens of a MemberState of the European Union or of another State party to the Agreement on the European Economic Area.

1. Any citizen of a Member State of the European Union or of another State party to the Agreement on the European Economic Area has the right of residence in the territory of the Spanish State for a period exceeding three months if:

a) Is he/she an employee or self-employed worker in Spain, or

b) Has sufficient resources for himself and his family members so as not to become a burden on social assistance in Spain during his period of residence, as well as health insurance that covers all risks in Spain, or

(c) Is enrolled in a public or private center, recognized or financed by the competent educational administration in accordance with applicable legislation, for the main purpose of pursuing studies, including vocational training; and has health insurance that covers all risks in Spain and guarantees to the competent national authority, by means of a declaration or any other equivalent means of its choice, that it has sufficient resources for itself and its family members so as not to become a burden on the social assistance of the Spanish State during its period of residence, or

d) Is a family member accompanying or joining a citizen of the European Union or of another State party to the Agreement on the European Economic Area, and who meets the conditions set out in points a), b) c).

2. The right of residence established in paragraph 1 shall be extended to family members who are not nationals of a Member State when they accompany or join the citizen of the European Union or of another State party to the Agreement on the European Economic Area in Spain, provided that the citizen meets the conditions set out in points (a), (b) and (oc) of paragraph 1.

3. For the purposes of point (a) of paragraph 1, a citizen of the European Union or of another State party to the Agreement on the European Economic Area who no longer carries out any activity as an employee or self-employed worker shall retain the status of an employee or self-employed worker in the following cases:

a) If you suffer a temporary disability resulting from an illness or accident;

b) If, having become involuntarily unemployed, duly accredited, after having been employed for more than one year, he has registered with the competent employment service in order to find a job;

c) If, having become involuntarily unemployed, duly accredited, after the conclusion of a fixed-term employment contract of less than one year, or having become involuntarily unemployed during the first twelve months, the person has registered with the competent employment service in order to find a job. In this case, the status of worker will be maintained for a period that may not be less than six months;

d) If you are pursuing vocational training. Unless you are involuntarily unemployed, maintaining your status as a worker will require that the training is related to your previous employment.

4. Notwithstanding point (d) of paragraph 1 and paragraph 2, only the spouse or person referred to in point (b) of Article 2 and dependent children shall have the right of residence as family members of a citizen of the European Union or of another State party to the Agreement on the European Economic Area who meets the requirements of point (c) of paragraph 1 above.

5. Nationals of a Member State of the European Union or of another State party to the Agreement on the European Economic Area shall be required to apply in person to the Foreigners’ Office of the province where they intend to stay or establish their residence or, failing that, to the corresponding Police Station, for registration in the Central Register of Foreigners. This application must be submitted within three months from the date of entry into Spain, and a registration certificate will be issued immediately, stating the name, nationality, and address of the registered person, their Foreigner’s Identity Number, and the date of registration.

6. Along with the registration application, the applicant’s valid passport or national identity document must be submitted, as well as documentation proving compliance with the registration requirements established in this article. If the passport or national identity document has expired, a copy of the expired document and the renewal application must be provided.

7. With regard to sufficient financial means, a fixed amount may not be established; rather, the personal circumstances of nationals of a Member State of the European Union or of another State party to the Agreement on the European Economic Area must be taken into account. In any case, this amount shall not exceed the income level below which social assistance is granted to Spanish citizens or the amount of the minimum Social Security pension.Registration.

Requisites and documentation

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.