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Requisites for a Certificate of Permanent Residence of Citizens of the European Union

Posted in: Residency
Author: Myra Cecilia Azzopardi
Tags: , ,

All EU citizens and their EU and non-EU family members have the automatic right to permanent residency after five years of legal residency in Spain. In some cases the right is acquired after three years of legal residency. (Information). The information in the form of relevant extracts on eligibility and requisites taken from the the various laws, directive and Spanish government and police websites. We cannot guarantee that the civil servants will follow the law and may ask for further documentation.

Many residents who apply for their permanent resident status to show on their registration certificates, will find that the various foreigners offices are asking for full documentation. Below we provide the requisites from the actual law and directive.

EU Directive colloquially known as the “Freedom of Movement”

Right to Permanent Residency
1.   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 right shall not be subject to the conditions provided for in *Chapter III.
2.   Paragraph 1 shall apply also to family members who are not nationals of a Member State and have legally resided with the Union citizen in the host Member State for a continuous period of five years.
3.   Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.
4.   Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.

Spanish Royal Decree on Entry and Right to Residency EU Citizens and Their Family Members

Right to reside on a permanent basis
1. Citizens of a Member State of the European Union or of a State Party to the Agreement on the European Economic Area, and members of the family who are not nationals of one of these States are holders of the right to reside on a permanent basis, who have resided legally in Spain for a continuous period of five years. This right will not be subject to the conditions set forth in *Chapter III of this Royal Decree.
At the request of the interested party, the Foreigners’ Office of the province where the foreigner has his residence or, failing that, the corresponding Police Station, will issue, as soon as possible and after verifying the duration of the residence, a certificate of the right to reside with permanent character.

*Chapter 3 of the directive and Spanish Royal Decree contains the articles for first applications for residency status after 90 days of stay in Spain. Requirement included employment, sufficient means, healthcare cover etc..This chapter also refers to the right to maintain the right of residency for the EU citizen and family members EU or non EU:

Government of Spain Ministry of the Interior website.

Certificate of Permanent Residence of Citizens of the European Union
The interested party, personally, must go to the Immigration Office of the province where he has his residence or, failing that, to the corresponding Police Station. Together with the application form (EX-18) , it will present in all cases the following documents (original and copy):

Valid and valid passport or identity document. If it is expired, a copy of this and the renewal application.
Document accrediting the payment of the fee for issuing the certificate.

Documentation proving the assumption by which permanent residence is accessed, except in the case that having resided legally in Spain for a continuous period of 5 years, in which it is not necessary to
additional documentation given that this circumstance it will be verified by the Immigration Office.

Once the fees have been paid, a certificate of the right to reside on a permanent basis will be issued to the citizen of the Union.

Policia Nacional website

Certificate of Right to Residence with Permanent Character as a Citizen of the European Citizen
Along with the application form EX-16 (error on website and the correct form is the EX18), original and copy, you must submit the following documents:

Valid and valid passport or identity document. If it is expired, a copy of this and the renewal application.



Document accrediting the payment of the fee for issuing the certificate.



Depending on the specific case, you must also submit:


Certificate of registration as a citizen of the Union in which there is a minimum period of 5 years of continuous residence in Spain.



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.

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