For certain economic activities in Spain such as opening a bank account or buy assets through a public deed of purchase, it is mandatory by Law to obtain a N.I.E. (Foreigner Identification Number).
The process to obtain the N.I.E. is relatively easy for citizens of the European Union, providing that they can come to Spain to apply in person. In that case it is just necessary to go to the Police Station or Foreigners Office (depending of the city) with the original passport and the specific application form. The NIE will be issued in a few days, after paying the corresponding tax.
However, the rules have changed a few months ago and it is not possible anymore to obtain the N.I.E. with a power of attorney, so those communitarian citizens that want to apply for the N.I.E. without coming to Spain would need to apply at the nearest Spanish Consulate in their country. The process to obtain the N.I.E. through the Consulate is considerably longer (minimum one month, according to our experience). It is possible that the Law will change in the future to make possible again to apply with a power of attorney. That would make easier the work of the solicitors.
Let’s focus now in the process to obtain a N.I.E number for a Non-Communitarian foreign citizen (according to the Foreigners Office of Murcia):
1) The Non-Communitarian needs to come in person to Spain. We have managed to obtain the N.I.E. for Non-Communitarians through the Spanish Consulate in their country (for example in Moscow and in Guayaquil) but it has been a real nightmare and has taken a very long time.
2) It is necessary to fulfil the corresponding application form.
3) It is necessary to show the original passport at the Foreigners Office together with a photocopy of all the pages of the passport, including those in blank.
4) It is required a picture (passport size) of the non-communitarian. It must be a picture, not a photocopy of a picture.
5) It is necessary to show the original plane tickets (together with a photocopy), to prove that the person has entered legally in Spain and also that the person has a date to leave the country.
6) Before going to the Foreigners Office, it is necessary to go to the Notary to sign what it is call an Act of Manifestations. In this Act it is necessary to explain the reasons why the non-communitarian needs a N.I.E., for example to buy a house.
7) With all this documentation we can go now to the Foreigners office and apply for the N.I.E. In a few days we can go again to pay the corresponding tax and collect the N.I.E.
As you can see the process is a bit complicated. Bureaucracy...
Salvador Manzano
Solicitor