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THE DIFFERENCE BETWEEN NIE AND RESIDENCIA
Elena Rey Delgado • 8 September 2021
THE DIFFERENCE BETWEEN NIE AND RESIDENCIA
I have been helping people to sort out their paperwork in Spain for a while now, and often the same questions keep coming up. I have noticed there is a lot of confusion between what a NIE is, what is it for, what residencia is, which one do you need and when do you need to do each one.
First of all, Facebook and other social media sites can be a great way to find information, but at the same time this information is not always accurate, or it is not explained properly, or simple the same process is done in different ways in different areas of Spain. I know that sounds crazy, and if you are applying for the same thing the paperwork required should be the same everywhere in Spain. The reality is that I use 3 different national police stations to sort out paperwork for my clients and in each of them the officers ask for different documents to prove the same things.
So my first piece of advice is that you find someone that does the service within your area and ask them directly. If you prefer to deal with paperwork yourself, then go directly to your closest national police station and ask them what they want you to bring. This is the only way to avoid having to come back 3-4 times to do just one application.
For NIE and residencia, often people think that if they have a NIE they also have residencia, or they have residencia but think they only have a NIE.
NIE stands for Número de Identificación de Extranjero, which means foreign ID number. When you are in Spain and you need to deal with bureacracy, you need a number to identifiy yourself within the Spanish system. That is your NIE.
In order to be able to get one you need a real reason for it, for example: you have been offered a job, you are becoming self employed, you are buying a car, you are applying for a loan/mortgage ... Simply saying "I am moving to Spain" it is not enough of a reason, there are some police stations that will ask for confirmation in writing of your need for NIE, such as letter from the bank, car sale agreement, job offer, etc.
The NIE comes in a white A4 paper, and it doesn't expire, the number is forever. The actual piece of paper where the number is written (the NIE certificate) used to have an expiry date of 3 months from the date of issue, but this is not the case anymore. Your NIE does not expire.
Having NIE doesn't mean that you are resident in Spain, it means that you have a number that identifies you within the Spanish system. Nothing more. So if you have been living in Spain for 5 years, you have your NIE, and a job and you pay taxes, none of the above means that you are a resident here. It means that you live here, nothing more.
In order to be legally registered as resident in Spain you must apply for your residencia card. For non EU countries this is a must, and it has to be done within certain time period after your arrival to Spain. This includes UK citizens moving to Spain after 01/01/2021
However, for EU citizens, even though it is also a requirement to register as a resident, the system is a bit more lenient, and many people has never registered officially as residents in Spain.
Now Brexit has shown us the importance of being registered as resident. Our government has already agreed to grant residencia to all UK citizens that are residents here. But this means the ones that are registered as residents officially, not the ones living here but are not registered.
When you move to Spain you might need a NIE straight away, or perhaps you can apply directly for residencia if you comply with the requirements. If you have not received a NIE by the time you apply for residencia, you will be allocated one there and then. So if you are in a position to wait until you can apply for residencia, then you will be saving yourself time and money by applying only for residencia instead of a NIE and residencia.
PROOF OF ADDRESS IN SPAIN In order to register a car in Spain that has been purchased in another country, whether new or second-hand, it is necessary to prove address in Spain. It would be the same case when applying for driving license Exchange. As the address can be a rented or owned property, the Dirección General de Tráfico accepts documentation as proof of address in both cases. If the property is rented, the possible proofs are: Certificate of census registration, certificado de empadronamiento (issued by your local town hall less than 3 months ago) Copy of the current rental contract If the property is owned, the possible proofs of address are: Certificate of census registration, certificado de empadronamiento (issued by your local town hall less than three months ago) Copy of the title deeds (all pages) Nota simple issued at the Land Registry, Registro de la Propiedad . Depending on the town, getting the certificado de empadronamiento can be reasonably quick or extremely slow. It can take several weeks to get the census certificate and you may lose precious time that you need to pass the MOT inspection on time and be able to apply for registration within the 60 days period required when applying for the registration tax payment exemption for change of residence, if that was your case. So it may be advisable to go to the Land Registry, Registro de la Propiedad , to ask for a nota simple of your property which you might be able to get in your hands within an hour. If you do not own the property that is your home in Spain, then you can provide a copy of the current rental contract, as mentioned above. The DGT DOES NOT ACCEPT bills from electricity, water, internet, etc. as proof of address in Spain. As a resume, they are only acceptable: certificate of census registration, nota simple, title deeds, rental contract.
From Rey Expat Advisors we can help with the registration management of a vehicle coming from another country and having permanent or temporary foreign registration. If the country of origin is a member country of the EU, it is not necessary to manage the Single Customs Document, therefore it will not be necessary to pay import taxes at customs (Agencia Estatal de Administración Tributaria). The steps to follow would be: obtain the Ficha Técnica at the ITV station, after inspection of the vehicle, pay IVTM tax in the corresponding administration according to domicile, pay the registration tax which depends on the technical characteristics of the vehicle, pay the fees of the Dirección General de Tráfico, request the new Spanish documentation of the vehicle, and print the new registration plates. If the country of origin is not a member country of the EU, a previous step to all the above will be necessary: to manage the Single Customs Document (Documento Único Aduanero) at customs and pay the corresponding import tax duty + VAT. Rey Expat Advisors can help you to manage all the steps of the import and/or registration process in Spain of a vehicle coming from another country. Ask for information and quote without obligation.
STUDENT VISA The other day we told you that it is possible to apply for residencia as 3rd country resident from Spain. One of the ways to do so it was to apply for an STUDENT VISA. Today we would like to explain you a bit more about this process: - You can apply from Spain, but you have to do it within the first 2 months of your arrival to Spain - You will need to register as student to an authorised educational establishment in Spain - The studies would have to be for a course at least 6 months in duration. In theory it could be for any studies that will be over 90 days, but the reality is that if they are for less than 6 months you might not be approved. - Type of activities considered “studies” or activities of non-working nature: o A) CONDUCTING OR EXTENDING STUDIES in an authorised educational establishment in Spain, for the completion of a complete programme, leading to a degree or certificate of studies. o B) UNDERTAKE RESEARCH ACTIVITES OR EDUCATION, without prejudice to the special regime of researchers. o C) PARTICIPATION IN A STUDENT MOBILITY PROGRAMME, to follow a high school education programme in an officially recognised educational or scientific establishment, where the mobility organisation takes responsibility for the student during their stay and selects the host family or institution. o D) UNDERTAKE OF AN UNPAID INTERNSHIP in a public or private entity, based on the signature of an agreement. o E) PROVISION OF A VOLUNTEER SERVICE within a programme pursuing objectives of general interest, based on the signing of an agreement with the organisation in charge of the programme, which has taken out a civil liability insurance for its activities. You can renew this type of VISA for up to 3 years. Once you finish you studies you would be able to apply for a working VISA from Spain if the job you are applying for is related to the studies you have carried out here. Please bear in mind that the Student VISA is not a residency permit, but an “permiso de estancia”: you are allowed to be in Spain for over the allowed 90 days in 180, but you are not considered resident. Your situation will be one of “estancia”(stay) as opposed to resident. This means that the time you spend in Spain under the resident VISA does not count for you tally to become permanent resident or to apply for Spanish citizenship. If you have any doubts or would like more information about this process please do not hesitate to contact us: info@reyexpatadvisors.com or elenareyexpatadvisor@gmail.com
In general 3rd country citizens have to apply for a VISA before they can relocate to Spain. However it is possible to apply for your TIE while you are visiting Spain in certain cases: - If you are married to an EU citizen or are in a registered legal partnership. The EU citizen will have to register first as resident and then you can register as family member of EU citizen. You will enjoy the same rights as your partner, the main one being your ability to work legally in Spain - If you register as student in a course that will last at least 6 months in an centre legally recognised by the Spanish authorities: Student VISA - If you comply with the requirements for the Golden VISA: o Either you make an investment: property or monetary o You are highly qualified worker and get an employment offer (salary over 50.000€) If you have been living in Spain in an irregular/illegal situation, it is also possible to apply for your residencia from Spain in some cases: - Residencia por arraigo laboral: when you have been living and working in Spain for at least 2 years without the right paperwork and you can prove it. In this case you will have to denounce your employer. - Residencia por arraigo social: when you have been living in Spain for at least 3 years without the right paperwork and you can prove it. If you are planning in staying in Spain and do not have the right documents to do so, it is important that you create a good paper trail of your life in Spain, as it will help to regularize your situation in the future.
When you move to Spain, one of the first things that you are recommended to do paperwork wise is to register with the Padrón at your town hall. A lot of people can't be bothered, as you can get by without doing it. You have to register, but no one is going to start knocking on your door to see if you have done it or not. But then something happens, like the fires that we experience every summer in the area where I live. And people start complaining that there are not enough firefighters within the town to help with fire extinction, and that houses have been lost, etc. The answer is very simple: each town is equipped with the resources that they need based on the number of people registered as living there. If you live in a town/city and do not registered with the padrón as a citizen of that town/city they don't count you, which means the provision for firefighters, doctors, ambulances, local police, funding for the town hall, etc, will based on the actual number of citizens registered. In other words, if a town has only 5.000 people registered as living there but in reality there is 10.000, they will only have resources for 5.000, which means they won't be able to cover all needs for all citizens. If you dont do your part and register with your padrón then you shouldnt complain about the lack of services. It is totally down to you. Padrón is also your official proof of address in the country, and you will be asked for a fresh copy for basically anything paperwork related: registering children at school, buying or selling a car, becoming resident, registering with the medical center, changing your driving licence ...
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