Who
Should Apply for a Residencia
(Residence Permit)?
The current Spanish law states
any individual intending to
remain in Spain longer than
183 days in any one period throughout
the calendar year, who is not
working and does not intend
to work, should apply for a
Residencia. Anyone legally working,
either as an employee or in
a self-employed capacity, no
longer need apply for a Residencia
(but it may be convenient to
have one rather than carry/use
your passport).
However, the Notary Office
still requires proof that an
individual is a resident, and
therefore subject to different
rules in respect of Capital
Gains Tax payments. This will
of course have a bearing if,
for example, you are selling
a property. There are two courses
of action you can take if you
think this may affect you a)
you can apply to the Comiseria
de Policia for a Certificado
de Residencia; or b) you can
apply to the Hacienda for a
Certificado de Residencia Fiscal.
Either of the above will be
sufficient to confirm your Resident
status to the Notary.
If you need and/or decide
to apply for a Residencia, you
will need the following:
Current passport + 1 photocopy
2 recent passport style photos
with your name clearly written
on the back
The relevant application form,
duly completed + 3 photocopies
Your province Comiseria will
inform you by letter when your
Residencia is ready for collection,
and when and where you must
go to sign, fingerprint and
collect the document. The processing
time for Residencias varies
significantly from province
to province and in some places
can take up to a year.
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