Mitzyboy

There's been a little bit of confusion on this, since the new rules applied regarding proving income etc.

I've just read an article by David Searle which was published in this months Prestige Magazine by BancoSabadell

It appears that the Government have taken the view (against EU regulations) that the Certificate of Registration that is issued has to be renewed every 5 years, and that when you renew it you have to satisfy the new rules regarding income. The Government had originally said that current holders of the certificate would not be affected, but they have changed their minds.

It seems, as usual, as residents here we have to abide by Spanish rules on this, with the option that we can appeal to the EU. It appears that many already have done so as it is incompatible with EU Directive 2004/38 which abolishes residence permits for EU citizens and the Spanish Royal Decree 240/2007 which transposes the Directive into Spanish law

So ...... that would be another two day trip to the local Police station here as now (according to reports) you have to go one day to queue to get an appointment for the following day, and a second day to queue just to be seen

Fred James

The current certificate is not incompatible with current EU law - it was EU law that created it! It was the old residencia card that they banned.

However there is nothing in the EU directive about renewing it and, unless they have changed the Spanish law, there is no renewal requirement there either.

David Searle is usually on the ball so there may have been some changes. I will see what I can find out.

Rosemary

Thank you Fred, I would appreciate knowing about this too as I always want to have the correct paperwork.

Rosemary

Fred James

Rosemary, have a read through the EU directive - it's pretty easy to follow.

http://eur-lex.europa.eu/LexUriServ/...77:0123:EN:PDF

In the first 5 years of your stay you are supposed to continue to conform to the income\health rules but if you don't there isn't much they can do about it unless you become a danger to public health or to the state.

After 5 years you have the right to permanent residence and that IS NOT conditional on maintaining income/health cover. That is quite specifically spelled out.

The only reason for applying for (I deliberately don't use the word "renew") a new certificate is that it will clearly state that you have permanent right of residency.

If you previously had the "residencia" card, when you exchanged it for the new certificate when the card ran out, you should have been given a permanent residency certificate. It looks the same but the wording contains "con caracter permanente".

You are, however obliged to apply for a new one if you change your address.

mogsmum

very useful information...going in the "file"

Fred James

I have tracked it down on their Internet site and the article by David Searle says nothing whatsoever about renewing your certificate and more to the point he explicitly says that it does not affect anyone already holding a certificate.

In fact the article is purely about the new income/health requirements.

Are we looking at the same article?

http://asp-es.secure-zone.net/v2/ind...5/15992&lng=en

Page 46

Mitzyboy

No Fred we're not looking at the same article. That is last months Sabadell Mag. As I said to you the article is in full, attributed to David Searle who writes every month for Sabadell, and mentions that this is a change of mind by the govt re the certificates

Fred James

Yes, looking at the issue details in the small print it says Autumn 2012. You would think that they would put the latest edition on their site

We are bound to hear more from him about it as he writes for lots of publications.

I can't imagine anyone taking any notice of it!!

Mitzyboy

Unless they have a good record system, I cant imagine anyone knowing! I certainly cant remember when I got my certificate, and it has no date on it!

spainrico

I receive the Sabadell magazine ('Prestige Magazine') and I have been tracking David Searle on this issue.

He wrote in the autumn magazine that Spain had gone against the EU, and their own previous rules, and do indeed now require residents to renew every 5 years. In the latest issue (Winter 2013, No 54) he again writes, in reply to a reader's letter, that this is the case.

This does appear to be ridiculous as residents who are declaring annually for tax are obviously residents.

The only possible justification might be that as Spaniards have to renew their DNI card every 10 years then maybe there is a case for residents to go through a renewal process in the sprit of 'being treated equally'

But I am loath to take any action as mine does not have an expiry date and has 'con caracter permanente'

ps Searle's latest article returns to the thorny issue of driving licences!