Introduction
Navigating the immigration landscape can be daunting, especially for foreigners looking to settle in a new country. If you hold a long-term residence permit from another EU member state, you may be eligible to apply for a long-term residence permit in Spain. This article provides a thorough overview of the requirements, necessary documentation, application process, and other crucial information regarding this permit.
What is a Long-Term Residence Permit?
A long-term residence permit allows non-EU nationals who hold a long-term residence permit from another EU country to reside in Spain. This type of permit is essential for those seeking stability and security in their lives in Spain, offering them rights and privileges associated with long-term residency.
Legal Framework
The long-term residence permit in Spain is governed by several key regulations:
- Directive 2003/109/EC: This directive establishes the status of third-country nationals who are long-term residents and the associated rights.
- Organic Law 4/2000: This law regulates the rights and freedoms of foreigners in Spain and their social integration.
- Regulation of Organic Law 4/2000: Relevant articles (155 and 156) provide details on long-term residence permits.
Who is Eligible?
To qualify for the long-term residence permit in Spain, applicants must meet specific requirements:
- Non-EU Citizenship: Applicants must not be citizens of an EU member state, the European Economic Area, or Switzerland. Additionally, they cannot be relatives of citizens from these countries who qualify under EU citizen regulations.
- Valid Residence Permit: Applicants must possess a long-term residence permit from another EU member state.
- No Entry Ban: Applicants must not be prohibited from entering Spain or listed as undesirable under agreements with other countries.
- Financial Stability: They must demonstrate that they have sufficient economic means to support themselves in Spain and provide adequate housing.
- Health Insurance: Applicants must have a public or private health insurance plan that covers the risks typically insured for Spanish citizens.
Required Documentation
When applying for a long-term residence permit, applicants need to submit various documents. Ensuring all documentation is complete and accurate is crucial to avoid processing delays.
General Documentation
- Application Form: Complete the official application form (EX-11) in duplicate. This form can be downloaded from government websites.
- Proof of Long-Term Residency: Documentation that verifies the applicant’s long-term residency status in another EU member state.
- Passport Copy: A complete and valid copy of the passport or travel document.
- Financial Means: Depending on whether the applicant will engage in economic activities, additional documentation is required to prove they have sufficient economic resources. This is generally calculated as 400% of the IPREM, approximately €2,130.04.
- Health Insurance: Documentation proving that the applicant has public or private health insurance that covers their healthcare needs in Spain.
Additional Employment Documentation
If the applicant intends to work, they must provide:
- Employment Contract: A signed employment contract outlining the terms of employment.
- Employer Information: If employed by an individual or company, provide documentation identifying the business and proving its financial stability.
- Tax Information: Recent tax declarations or corporate tax information demonstrating the employer’s financial stability.
Additional Documentation for Self-Employment
For those seeking self-employment, they must present:
- Business Plan: A detailed business plan describing proposed business activities, expected profitability, and potential job creation.
- Proof of Qualifications: Documentation demonstrating the necessary qualifications and legal requirements to conduct the desired business activities.
- Investment Evidence: Proof of sufficient financial investment or support commitments from financial institutions for the proposed business.
- Licenses and Permits: Any licenses or permits required for the business or professional activities must be documented.
Translation and Legalization of Documents
All foreign documents must be translated into Spanish or another official language in Spain. Furthermore, public documents from non-EU countries must be legalized by the Spanish consulate in the country of issue or apostilled under the Hague Convention.
Application Process
How to Submit Your Application
The application can be submitted in two main scenarios:
- If You Are in Spain: The applicant can submit the application personally at any registration office directed to the competent Foreigners Office. Alternatively, the application can be submitted through an authorized representative.
- If You Are Outside of Spain: The application must be submitted at the Spanish consulate or diplomatic mission in the applicant’s country of residence.
Where to Submit Your Application
The competent Foreigners Office for submitting the application depends on the applicant’s circumstances:
- If the applicant will not engage in economic activities, the application should be submitted in the province where they intend to reside.
- If the applicant will engage in economic activities, the application should be submitted in the province where they will start their employment.
Submission Deadlines
- In Spain: Applications must be submitted within three months from the date of entry into Spain.
- Outside of Spain: Applications can be submitted at any time prior to entering Spain.
Fees and Payment
A fee is required upon submission of the application, which must be paid within ten business days. The fee falls under Model 790 code 052 for “long-term residence authorization.”
Processing Time and Notification
The processing time for the application is 45 days from the submission date. If the administration does not notify the applicant within this period, the application may be considered approved due to administrative silence.
Entry Requirements After Approval
If granted, the authorization must be activated:
- For Employment: The authorization becomes effective upon registration in the Social Security system.
- Without Employment: The authorization takes effect from the notification date.
Obtaining the Foreigner Identity Card (TIE)
Within one month of the authorization taking effect, the applicant must personally apply for the Foreigner Identity Card (TIE) at the relevant Foreigners Office or police station. Required documents for the TIE application include:
- TIE Application Form (EX-17): Complete the official TIE application form.
- Proof of Payment: Provide evidence of payment of the TIE fee.
- Photograph: Submit a recent passport-sized photograph.
Renewal of Residence Authorization
The long-term residence permit must be renewed every five years. Applicants should initiate the renewal process at least 60 days before the expiration date to avoid penalties.
Conclusion
Understanding the process of obtaining a long-term residence permit in Spain is crucial for foreigners seeking stability and opportunities in the country. By meeting the established requirements and submitting the necessary documentation, applicants can navigate the immigration system effectively.
For updated information and guidance, it is advisable to consult the official website of the Spanish government or seek assistance from immigration professionals.
Additional Resources
For more detailed information about long-term residence permits in Spain, visit the official website of the Ministry of Inclusion, Social Security and Migration.
So, the first step is to understand your situation, and explote options. You can contact us or make an appointment to discuss this with us.
