Well what a jumble sale this is. It’s like platting fog. Important statements highlihted in red. My comments in blue.
DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 29 April 2004
on the right of citizens of the Union and their family members
to move and reside freely within the territory of the Member States
amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC,
68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC,
90/364/EEC, 90/365/EEC and 93/96/EEC
(9) Union citizens should have the right of residence in the host Member State for a period
not exceeding three months without being subject to any conditions or any formalities
other than the requirement to hold a valid identity card or passport, without prejudice to a
more favourable treatment applicable to job-seekers as recognised by the case-law of the
Court of Justice.
(10) Persons exercising their right of residence should not, however, become an unreasonable
burden on the social assistance system of the host Member State during an initial period of
residence. Therefore, the right of residence for Union citizens and their family members for
periods in excess of three months should be subject to conditions.
(11) The fundamental and personal right of residence in another Member State is conferred
directly on Union citizens by the Treaty and is not dependent upon their having fulfilled
administrative procedures.
(12) For periods of residence of longer than three months, Member States should have the
possibility to require Union citizens to register with the competent authorities in the place of
residence, attested by a registration certificate issued to that effect.
What does that mean. NIE or Padron or Residence certificate ?
(13) The residence card requirement should be restricted to family members of Union citizens who are not nationals of a Member State for periods of residence of longer than three months.
So does that mean EU nationals are exempt from so called residence card?
(14) The supporting documents required by the competent authorities for the issuing of a
registration certificate or of a residence card should be comprehensively specified in order to
avoid divergent administrative practices or interpretations constituting an undue obstacle to
the exercise of the right of residence by Union citizens and their family members.
(22) The Treaty allows restrictions to be placed on the right of free movement and residence on
grounds of public policy, public security or public health. In order to ensure a tighter
definition of the circumstances and procedural safeguards subject to which Union citizens and
their family members may be denied leave to enter or may be expelled, this Directive should
replace Council Directive 64/221/EEC of 25 February 1964 on the coordination of special
measures concerning the movement and residence of foreign nationals, which are justified on
grounds of public policy, public security or public health
Sounds to me that they can do as they like.
1. Spanish Royal Decree - 240-2007 - dated 16th February 2007
CHAPTER I - General provisions
Article 1 - Objective
1. This Royal Decree lays down the conditions for exercising the rights to enter and leave Spain and the rights of
free movement, stay, residence, permanent residence and work in Spain of nationals of other European Union
Member States and of other states party to the Agreement on the European Economic Area (EEA), as well as the
limitations on these rights on the grounds of public policy, public security or public health.
2. This Royal Decree shall be without prejudice to the provisions of special laws and of the international treaties to
which Spain is a party.
Article 7 - Residence of over three months of citizens of a European Union Member State or of another
state party to the Agreement on the European Economic Area.
1. Citizens of a European Union Member State or of another state party to the Agreement on the European
Economic Area have the right to reside in Spanish territory for over three months. Interested parties must apply
personally to the Foreign Residents Office in the province in which they intend to remain or take up residence or,
failing that, the local police station, for registration in the Central Foreign Residents Register. Application for
registration must be made within three months of the date of entry into Spain and applicants shall be issued
immediately with a registration certificate stating the registered person's name, nationality, address and foreign
resident identification number.
Is this NIE registration (Probably not as that is a tax ID thing) or Residency certificate? What is Foreign Residents Register?
2. Together with the application for registration, the applicant must present a valid passport and national identity
document. If the document in question has expired, the applicant must submit a copy of the document and of the
request for renewal.
Best of luck if you can make sense of this lot. In my opinion I think you should have a residence certificate. You will have to way up the pros and cons. For example, even if you only use your Spanish property as a holiday home, are you not better off to get a residence certificate to aviod non resident ''deemed letting tax''. And if you live and own a property full time in Spain, and you don't bother to get a residence certificate, are you leaving yourself wide open to non resident ''deemed letting tax''.
This message was last edited by paulsimkiss on 30/01/2012.