Foreigners can hold a long-term residence authorization-UE in Spain. Interestingly, it can be granted in another Member State of the European Union and can be renewed every five years.
According to the Statute of Long-Term Residents from Third Countries (Directive 2003/109/EC), the Organic Law 4/2000 on Rights and Liberties of Foreigners in Spain and their Social Integration, and its Regulation contained in Royal Decree 557/2011, this is possible if the following requirements are met.
Requirements to be met
Not be a citizen of a Member State of the European Union. This includes the European Economic Area or Switzerland.
Not be a family member of citizens of these countries. This refers to those who are applicable under the Union citizen regime.
Not have a prohibition on entering Spain. Must not be barred from entering Spain.
Not be listed as inadmissible in countries with which Spain has signed an agreement on this matter.
Be a holder of long-term residence authorization-UE granted in another Member State. Must have a valid long-term residence authorization from another EU country.
Have sufficient financial means and accommodation. Otherwise, must meet the requirements for obtaining a residence and work authorization for self-employment or employment, or in any case, comply with the exemption from work authorization.
Documents to be submitted for this residence
At the time of submitting the application, certain original documents must be presented, and their respective copies must be provided. These documents include:
The printed application: The official form (EX-11). It must be submitted in two copies properly completed and signed by the foreigner.
Documentary evidence of your status as a long-term resident-UE in another Member State: Evidence of long-term residence status in another EU country.
Copy of the complete passport: In its absence, a valid travel document must be presented.
Special case of means of subsistence
Regarding the means of subsistence, you must present:
If you are not going to carry out lucrative activities: Documentation proving you have sufficient financial means to support yourself monthly, amounting to 400% of the IPREM, which is 2,130.04 euros.
Have a public or private health insurance. This must cover the risks insured for Spanish citizens.
Employment Activity
If you are going to carry out employment activity, you must submit documentation identifying the company.
If it is an individual entrepreneur: Submit a copy of the NIF or NIE, or consent to verify identity data through the Identity and Residence Data Verification System.
If it is a legal entity (S.A, S.L., Cooperative, etc.): Copy of the company’s NIF and a copy of the deed of incorporation duly registered with the corresponding Registry; copy of the public document certifying the legal representation of the company and a copy of the NIF or NIE or consent to verify identity data through the Identity and Residence Data Verification System of the signatory of the contract.
Employment contract, duly signed.
Proof that the company can guarantee the necessary solvency: For this purpose, provide a copy of the income tax declaration, VAT, Corporate Tax, or the company’s work life report (VILE) for the last three years. A descriptive report of the job to be performed must also be submitted.
Self-Employment
If you are going to carry out self-employment activities:
In the case of retail commercial activities and the provision of services listed in the Annex of Royal Decree Law 19/2012, which are carried out in permanent establishments with a usable area of equal to or less than 300 square meters: Responsible declaration or prior communication according to Article 71.bis of Law 30/1992. In addition, proof of payment of the corresponding tax.
For other activities and professional services: A list of the authorizations or licenses required for the installation, opening, or operation of the proposed activity or for the professional exercise. You must indicate the status of the procedures for obtaining them, including certifications of application to the corresponding authorities.
Copy of the documentation proving you have the legally required training and professional qualification to exercise the profession.
Demonstrate that you have sufficient financial investment or a commitment of support from financial institutions or others.
Project for establishment or activity to be carried out: Indicate the expected investment, anticipated profitability, and jobs that are expected to be created.
Applicable Procedure
Legitimate subject to submit the application:
If in Spanish territory, the foreigner may submit the application personally or through their representative.
If not in Spanish territory, the foreigner must submit the application in person.
Place of submission:
If in Spanish territory, at any registry, and the application is directed to the competent Foreigners Office. If not in that territory, at the Spanish diplomatic mission or consular office in their residence area. There it will be forwarded to the competent Foreigners Office.
Foreigners Office to submit the application:
If you are not going to carry out employment activity, it corresponds to the province where you will establish your residence. If you are going to carry out employment activity, it corresponds to the province where you will start the employment activity.
Deadline for submission:
If not in Spain, at any time before entering that territory. If in Spain, within three months from the date of entry.
Fee to be paid for processing the application:
It is paid at the time of admission for processing the application and must be paid within ten working days. The model 790 code 052 heading 2.6 applies.
Resolution deadline for the application:
Forty-five days counted from the day after submission. In any case, it should be noted that in this case, administrative silence applies.
We have experience in this type of procedure, so if you need any assistance, please do not hesitate to set an appointment or contact us.
