How To Survive Spanish Bureaucracy
Before we start this article about expat issues and living in Spain and the legal parts involved, here my personal disclaimer. I am a foreigner (german) living in Spain since 2003. Since my (wonderful) wife is spanish, I got a pretty good heads up start in what kind of documents and permits you need and why you need them. But, I am NOT an attorney nor can I and will NOT give any legal or any kind of advice on how to live in Spain.
Okay, since we got the disclaimer thing out of the way, lets start looking into what you need to do in order to get your papers ready for Spain. Before you start thinking about living in Spain, you should know some of the key documents and even a little legal vocabulary. In my opinion, Spain is not more or less bureaucratic than any other Country I have lived in before (U. K.,Germany, Italy,), but it may make you feel like it is. Part of this misconception has to do with you, since you simply do not know why certain papers or numbers or certificates are needed. So lets go through some of the most important documents you need as a resident in Spain.
The NIE Number – THE most important Number in your daily Live in Spain
An NIE number is the first thing you will need to get if you want to live in Spain and/or buy a Spanish property. The NIE is an identity number issued by the area police or Foreigners’ Office and stands for “Numero Identificacion de Extranjeros” – Identity Number for Foreigners. It is the law in Spain that all foreigners must register with the local authorities. Everyone in Spain has a number, Spaniards each have a DNI number. Without an NIE number you will not be able to purchase a property or car, work in Spain, apply for utility accounts, get a land line or mobile phone, or open some types of bank accounts. I even have to give my postman my NIE number when I sign for some parcels and letters.
To get an NIE number you need to visit your local Oficina de Extranjeros, often found in your main area police station. Your solicitor, gestor or estate agent will be able to advise you on the location or simply ask at your local city hall (Ayuntamiento) which police station in your town is issuing the NIE number. You will need to take with you your passport, a copy of your passport and two passport sized photos.
You will be given a form to fill in to apply for your NIE number. Depending on the area, you may have to wait up to a few weeks to get this number and then you will have to go to collect it, taking along your passport for identification. In some areas you will need to queue up outside the office before it even opens as they get incredibly busy and some only deal with a certain number a day.
Once you have your NIE number, you will need to carry a copy around with you. It is best to make a few copies of your NIE number and keep the original in a safe place such as a safe or filing cabinet.
The Padron – Register yourself as Citizen in your City or Town
It is important to register on your town’s city hall (Ayuntamiento) for the “Empadronamiento” for the benefit of both yourself and your town. You need to register your whole family, including children, as the town will receive funding from the local Junta (Local Government) according to the number of townspeople on the padron. For example, there may be a special educational fund which is only available to towns with over 100 children on the padron. If you have three children then their names will be very important to the town. We have had to show our certificado de empadronamiento (certificate) when we bought our car and when we applied for Spanish residency (residencia). Mortgage companies and schools may also want to see it.
To become registered on your town’s padron you will need to go to the Town Hall armed with your NIE number and escritura (house deeds). It is also best to take documents like birth certificates because when we registered our daughter the town hall wanted to see proof of place of birth and parentage. You will then be registered on the padron and, if you ask for one, will be given a certificate stamped and signed by the Mayor as proof.
The Empadronamiento is a bit like an electoral roll but you will probably need to fill in further forms to receive the right to vote.
Registering with Your Embassy
When you move to Spain it is advisable to register your details with your Embassy in case of emergency like legal problems or death in your family.
There is a British Embassy in Alicante. Its address is:-
British Consul, British Consulate, Plaza Calvo Sotelo 1-2, 03001 Alicante, Tel. 0034 902 109 356
(for my fellow German friends: the German consulate is located in exactly the same building as the British above).
A list of most consulates in and around Alicante is included in our free Alicante Travel Guide ebook which you can get here.
Residencia
As far as I know, It is no longer a legal requirement to become a Spanish resident if you are an EU citizen and hold a valid passport, but getting residencia simplifies things (the police may still ask for your residencia). Becoming a resident may also give you many benefits such as tax breaks and makes life much easier when dealing with banks or other financial institutions. It is advisable to seek the services of a gestor to guide you through the minefield of applying for your Residencia. S/he will advise you on what documentation will be required, will fill in the forms for you to sign and may even go with you to pick up your residencia. If you have your gestor attending you can often jump the queues!
Like the NIE, you will need to go to your local Oficina de Extranjeros with all your documentation including a copy of your certificate of empadronamiento, your passport and a photocopy of your passport. Requirements are changing all the time and each office seems to do things a little bit differently.
Spanish bureaucracy can sometimes be infuriatingly complicated and officials seem to love stamping and double stamping documents. However, it is a necessary part of Spanish life. Please seek legal advice or the services of a gestor to help you with the paperwork and legalities.
If I where YOU …
To sum it up, and obviously I AM NOT YOU, I would start my way through the little “bureaucratic jungle” by applying for a NIE Number at the very first day. It is vital for day to day life in Spain. Secondly find and go to your local embassy or consulate to register AND get some further information on what to do next. This is key since the country you are coming from might have additional and different legal requirements. I remember that the simple personal chat with one of the very friendly staff at our german consulate in Alicante saved me lot’s of time and hassle afterwards.
Last but not least, get a gestor. Somebody familiar with spanish laws, helping you at where to apply for what in your region, will be well worth the money he/she might charge.
How to find a good advisor or gestor?
Easy. Here is the way, we did find our gestor when we moved over and decided living permanently in Spain through:
Word of mouth = Personal Recommendation!
Ask your neighbors or friends in Spain who they use for their legal and/or tax advice. Ask at the local branch of your bank, who they recommend. I remember, we got our local advisor by asking for a very good tax accountant, and since I do speak ( ” a bit ” 🙂 ) spanish, I went to the most recommended spanish accountant. Turned out that he also is a lawyer, so we got all legal issues covered as well. In addition it helped a lot since we started our own company here.
With most “Spain newcomers”, language is an issue. You want to make sure that whoever gestor or advisor you pick, speaks your language. Sounds pretty obvious, but we are talking detailed legal vocabulary here and not every Spanian speaks perfect english. (which just leads me to say, that in my opinion you should learn spanish – not just to get around, but also to feel yourself better integrated, but this is a different topic….
Hope this helps you on your first steps when planning on living in Spain,
Hubert
Finally and again, I am not a lawyer and this article is not a substitute for good legal advice.