Moving to Spain part 3 - Legal Matters
Legal Matters
You will hear and read about a number of forms, registration cards, and legal requirements to actually live in Spain etc in a whole host of books available, from TV shows, web sites and through speaking to people who live or own property in Spain.
No doubt you will find that different sources have different takes on the same subject which does lead to some confusion.
Unfortunately it is hard to keep up with the changes that occur in Spain and you will soon find that bureaucracy here can be a constant source of frustration.
Having lived in Spain for over 5 years I would like to be able to say that I know all there is to know about the right and wrong way to do things. Unfortunately all I can pass on is the experiences that I have had and continue to have so this can only ever be a guide at best.
NIE
This is a number that you need if you are thinking of moving to Spain on a permanent basis. Once you have your number it will stay with you for life, and no, it’s not because they tattoo it across your forehead! It simply means that once you have it, you will still be able to use and rely on it even if you leave the country for years and come back again some time in the future.
You will need it if you do decide to buy a property in Spain and if you intend to work. It is simply a way of identifying your financial movements in Spain but without it you will run into problems if you want to make a life here so it is best to try and obtain your NIE as soon as you can as it can be a time consuming task depending on what rules are in place at any particular time.
The NIE is notorious for the need to set off at dawn for Alicante to join a queue of people in the hope that you will be far enough forward in the line to be able to complete the paperwork and come away with your NIE number. This is really for those people who need it quickly, if for instance they have come over to look at buying a property and find their dream home in the first day and need to complete the deal before they return home a few days later.
If you are not in such a hurry then there are usually local options in town halls although queues and early mornings may still apply but not on such a grand scale and you can go back and collect your NIE weeks later depending on the time of the year.
Residencia
Up until recently, the Residencia Card was something that took some getting but once you had it, life in some ways became a lot easier. Although it often took a year from application to actually obtaining it, and it involved an early morning and long queue in Alicante, you ended up with a neat card with your NIE number, photo and thumb print on which you could then use as your formal identification rather than your passport when using things like credit cards. It also confirmed your status as a resident of Spain.
Residencia also means a different level of tax being required from you as opposed to a Non Resident when you buy a property. The card has now been done away with after pressure from Europe and has been replaced with a document which you must once again queue for. I won’t attempt to go into any details about obtaining this new form of residencia as it seems so chaotic now that hopefully some good sense will prevail and the system will change in the not too distant future. If you do come to Spain and have any ideas of staying permanently with a view to buying at some later stage then you would be advised to look at obtaining your residency as it could save you money in taxes in the long run. If this does apply to you then its something you will want to look into once you are in Spain as there will be people, solicitors and companies set up to assist in this process as time goes on.
The Padron
I did touch on this earlier when I referred to registering children in schools and should be the simplest thing to obtain from a town hall. I say “should” because would you believe it? There are different requirements from different town halls and the rules can change without warning.
It is similar to the electoral role UK and acts as a census so that town halls can look to central government for additional funding and services. Unlike the UK it is not compulsory to register and some people never actually do.
The main attraction for the individual to take the trouble to register is the need for this document if you are trying to get your children into school and believe it or not if you want to buy a car in Spain.
Beyond this, there is little benefit gained although in theory it should benefit the community if the number of people living in a community increase to a level where the need for extra services is clear.
As the requirements can differ from each Town Hall I can only offer the following advice.
To obtain a Padron if you are renting a property you will need to go to the Town Hall armed with your passport and a copy of it, a copy of your tenancy agreement in Spanish with at least 6 months tenancy to run and probably a copy of the owners passport, plus a utility bill relating to the property from either the water or electricity company. Every one who wants to be registered on the Padron must attend and must have their original and copy passport.
If you own your property then you will need to substitute the tenancy agreement for a copy of your title deeds. You will also need to take your original deeds for inspection as well as the copy.
Provided you have all the correct documentation you will be issued with a piece of paper which is your Padron certificate. They only normally last for a month but if you need it again you only have to go back and ask for a copy once you have gone through the initial registration process.
Town Halls usually close at 2pm so make sure that you give yourself plenty of time to complete the process.
As a tenant you shouldn’t have to worry about much more although as a word of warning, you should always make sure that your tenancy agreement is also in Spanish as well as English to ensure that it is recognised legally in Spain.
