DrStarsky

Hi, I'm a EU citizen and I've been living and working in Spain for two years, I have a NIE but no tarjeta de residencia, since I never needed it. Now I'm trying to open a new bank account (I already have one with a different spanish bank) but the bank refuses to open it because I don't have the tarjeta de residencia. They say they can only open a foreign account (i.e. a different type of account for someone with tax residence abroad, which is not what I need). Why are they doing this? Is this even legal? No other bank that I know of has a similar requirement. How do I convince them?

keithwalters

I think to open a resident's account you would need to prove that you are resident, ie produce the card. I had to produce my tarjeta de residencia to change my account from non-resident to resident (in order to get better rates).

I find life tends to be much smoother if you have the card. When I applied for mine about 4 years ago it was a legal requirement to have one if you spent more than 183 days per year in Spain. Not sure if this is still the case.

Out of interest, if you don't carry a residency card what do you produce when asked for ID? Or do you just memorise your NIE number and quote it to whoever asks for it?

DrStarsky

Thanks for the reply. It's not a legal requirement to have the Tarjeta for EU nationals, see http://www.mir.es/SGACAVT/extranje/r...esidencia.html
so I suspect it's illegal for the bank to ask for one.
I have a resident account in my other bank. When I switched from non resident to resident (after a few days from arriving in Spain), all they wanted was a copy of my NIE number (that is, the document released by the Oficina de Extranjeros indicating my NIE number). When I need proof of ID, I always show my national ID, which is and must be accepted. This is the first time ever someone asks for the Tarjeta.
Sure, I could apply for the tarjeta, but this takes three months and I want the account now.

keithwalters

As it is no longer necessary to have the tarjeta, it may simply be that the bank employee that you spoke to is ignorant of the change in the law. Perhaps if you return to the same bank but speak to a different employee you will get a more successful answer?

Why not print the relevant page from the link you have posted and take it with you to the bank next time?

I guess that you are not from the UK if you have a national ID card? I applied for my tarjeta as soon as I arrived in Spain because I hated having to carry my huge book sized passport with me everywhere I went.

Keith

EsuriJohn

Hi DrStarkey,

I think you have to prove residency to get the residents account, your old bank were probably involved in your move to Spain so would have known that you had moved permanently.

My guess would be that your NIE + passport + Escritura/long lease would be enough to convince them that you lived in Spain. If you have made a tax return a copy of that would do no harm.

They are excellent bureaucrats so anything that reinforces what you tell them on official paper seems to help.

Regards,

John.

jdr

I think you will find if you are a pensioner or you do not work here : IE "independent means" you have to have residencia so that they can keep a track of you.

Sorry just reread your post, you have been working here for 2 years, cant you just show them your contract, and tell them you dont need a resedencia now the law has changed ?

Mind you I would take my business elsewhere

Beachcomber

Try referring them to this link:

http://www.mir.es/SGACAVT/extranje/r...esidencia.html

and, as JDR says, show them your work contract and your 'nominas'. You have to have been working legally to fall into the category of not needing a tarjeta otherwise you do need one.

DrStarsky

Thanks all for the replies. I already did everything you all suggested (showing my nomina, empadronamiento, NIE, passport, national ID, you name it). They just would not listen and mindlessly repeat that they need the Tarjeta according to their procedure. It's an online bank and I cannot speak directly with the law department. At this point I will probably give up on them, but not before sending them a strongly worded letter against their discriminatory policy. My question is: am I right in thinking their policy is illegal?

Lynn R

I have had a non-resident account with my Spanish bank (Banco Popular) for over 3 years and recently enquired how I could change to a resident account when I have moved there permanently. I too was told I need to have my tarjeta de residencia before they can open a resident account for me, I was intending to apply for it anyway, but I know it can take some months to get one so it will just hold everything up. I'm not sure I fancy battling with bureacracy from day 1 of my retirement, though, so I'll probably just give in meekly!

The run up to the house move is proving more than stressful enough at the moment without prolonging the agony.

mikelincs

You certainly need a tarjeta to get the best account deals, such as lower rate mortgages. We have applied for ours, and have got a date in Sept 2007 to have our fingerprints done, and even have a form to show this, but the banks need the actual tarjeta. We had our accounts opened by our solicitors before we came over here, but we already had NIE numbers. We don't carry our passports, we went to a photoshop in Torrevieja and had the details from our passport copied and reduced to credit card size, then laminated. Banks will accept this, and we find the only place that won't is Carrefour, they need the full passport, but they do seem to accept the photo driving licence.

Hillybilly

I think the policy must vary from bank to bank and probably branch to branch. I changed my acct to a resident's acct with only the initial receipt for residencia application - the card took another 6 months to get and my bank has never asked to see it!

DrStarsky

[QUOTE=mikelincs]You certainly need a tarjeta to get the best account deals, such as lower rate mortgages. []

This cannot be true for everyone. Again, the law says EU nationals who work in Spain are not required to have a Tarjeta, but just a NIE. Most banks accept the NIE and I don't see how they can ask for something that is not a legal requirement. In my regular bank, with just the NIE they gave me the exact same resident account that a Spaniard would get. And you seem to say that you too got a resident account before having the Tarjeta...

mikelincs

[QUOTE=DrStarsky] No, I've got a current account, but can't get resident mortgage rates etc UNTIL I have a tarjeta, I have the form that shows I have applied for residencia, and that it has been accepted, but I haven't yet had my fingerprinting done. My lawyers state that the form should be enough, but the bank says it must be the actual tarjeta.

Unexpat

[QUOTE=DrStarsky] Same here, but neither a passport nor a non Spanish identity card is going to carry your photo, name AND your spanish address and that is a problem when you visit a non local branch of your bank, who do not know you personally.

In theory, the combination of a passport and a document of empadronamiento should resolve this, but then it is easier to carry a tarjeta de residencia.

Alternatively, if you have swapped your UK driving license for a Spanish one, or have had the UK license address endorsed by the local police, you may find that an acceptable alternative. Perhaps others can comment on whether they have found this to be so?

Beachcomber

I know this has been said before but I just do not see the point in trying to avoid having a Spanish driving licence or residence card whatever the EU directives may say.