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RESIDENCY PERMITS

Seven residency words that confuse foreigners in Spain

Permanent or long-term residency? NIE or TIE? 'Alta' or 'baja'? There are several common words and terminology to do with residency processes in Spain that get almost everyone in a muddle.

Seven residency words that confuse foreigners in Spain
Confusing residency words for foreigners in Spain. Photo: Mikhail Nilov / Pexels

Tarjeta Permanente and Tarjeta de larga duración

When you become a resident in Spain you will probably get a residency authorisation called residencia temporal (temporary residency), which gives you the right to live in Spain for a period of time which runs more than 90 days to up to five years depending on the authorisation.

You will be able to apply for long-term residency once you have lived in Spain for more than five years legally and continuously.

There are three types of long-term residency cards in Spain: Larga Duración, Larga Duración UE and Permanente.

The terms residencia de larga duración (long-term residency) and residencia permanente (permanent residency) are often used interchangeably – even by Spanish authorities – but they are slightly different.

Both types of residency are technically valid indefinitely. However, the larga duración card is valid for five years and the permanente for ten years. They then have to be renewed, even though your residency status isn’t at risk if you forget to do so or do it late.

Even though they give this indefinite residency status, an absence from Spain for one continuous year can result in losing your larga duración residency, and with the permanente residency the maximum absence is two years. Therefore, neither offer permanent residency no matter the circumstances.

As for the Larga Duración UE residency, they’re still meant for non-EU nationals (as are the two others), even though the name would suggest they award long-term residency status to EU nationals. The main difference this residency status has with the larga duración and permanente is that it technically makes it easier to be accepted to live and work in another EU country. 

READ ALSO – EX-11: How to get your long-term residency card in Spain

NIE and TIE

For years, many Spaniards and foreigners have wrongly referred to the EU green residency certificates (Certificado de Registro de Ciudadano de la Unión) as NIEs.

A NIE is just your Número de Identidad de Extranjero or foreign identity number, which is included on the green residency certificate. There is a document which isn’t a residency certificate and contains the NIE number and is more aptly referred to as NIE, but this is a white document. 

More recently have been confusing the NIE with the TIE as well. The TIE is the Tarjeta de Identidad de Extranjero, the biometric residency card that’s given to third country nationals residing in Spain. The TIE includes the NIE number, but again NIE and TIE are not interchangeable terms.

READ ALSO:

Arraigo

The word arriago simply means ties or roots to something. These type of residency authorisations are issued in exceptional circumstances if you have certain ties to Spain, even though the word arriago on its own doesn’t clearly indicate that.

There are various types of arriago authorisations such as laboral, social or familiar (work, social and family).

READ ALSO – Arraigo: How Spain’s residency under special circumstances works

Régimen Comunitario and Régimen general

No doubt you’ve seen these terms several times if you’ve been looking at residency documents and permission to live in Spain and you’ve more than likely been pretty confused as to what they mean.

Simply put, the Régimen Comunitario refers to the European Union as Spain is part of the ‘community’, so it relates to residency matters covered under EU/EEA/Switzerland rules. Usually, the Spanish residency status of EU nationals and their family members who move to Spain would be dealt with under the Régimen Comunitario.

The Régimen general on the other hand usually covers residency matters of foreigners from third countries that are not EU member states. In this case, it’s Spain’s extranjería (foreign affairs) department that sets the rules, not the EU’s.

Residency authorisations are of course very different for those from EU countries and those who are not. EU/EEA/Swiss nationals fall under the Régimen Comunitario and don’t have to get an authorisation to live and work in Spain, although they do have to register at the Registro Central de Extranjeros (Central Registry of Foreigners) in their first three months in Spain.

Foreigners from third countries do require an authorisation to live and work in Spain, bring over family members, live in Spain with the non lucrative visa and so on, all of which falls under the Régimen General rules.

Darse de alta and darse de baja

Literally these phrases mean ‘give yourself up’ or ‘give yourself down’ but it has nothing to do with ‘giving yourself’ up to the police or anything for that matter.

They actually mean to register or to de-register. You will have likely seen these terms if for example you’re self-employed and are required to darte alta como autónomo, which means to register or sign up to Spain’s freelance system.

Likewise, if you darte de baja on the padrón for example, it means you’re deregistering from the town hall.

These terms can also apply to residency, darse de alta como residente or darse de baja como residente.

READ ALSO: How do I officially give up my Spanish residency?

En trámite

Tramitar or solicitar is the verb you use when you are applying or processing your application, while ‘En trámite’ is the status given when it’s being processed by the authorities.

For example, if you want to check on the status of your application, you will often see the words ‘En trámite’, which means they’re dealing with it but haven’t completed the process yet. At this stage, all you can typically do is wait and see if your outcome is favourable or not.

Modelo

If you have to fill out any type form in Spain you will see this word. It’s usually the word modelo followed by a number such as Modelo 790. Confusingly the word modelo in Spanish doesn’t actually mean form, this should be formulario instead.

But the word is used for all types of documents you’ll have to complete throughout your entire time in Spain, from presenting your taxes to applying for benefits, becoming self-employed and renewing your residency cards. In this scenario, it’s nothing to do with a model or a prototype at all.

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For members

VISAS

Spain’s soon-to-end golden visa: Can I still apply and what if I have it already?

Last April, Spain's government said it intends to axe its property-based golden visa scheme, but is it too late still apply, how long does it take and what happens if you have the visa already? The Local spoke to an immigration lawyer to find out.

Spain's soon-to-end golden visa: Can I still apply and what if I have it already?

The golden visa programme, also known as the visado de residencia para inversores in Spanish, grants non-EU nationals residency in Spain when they buy a property in Spain worth €500,000. 

It can also be obtained by investing €1 million in shares in Spanish companies, or €2 million in government bonds, or having transferred €1 million to a Spanish bank account. 

In early April, Prime Minister Pedro Sánchez announced he was axing the property-based golden visa, although there’s no new law in place yet.

READ MORE: What the end of Spain’s golden visa means for foreigners

More recently the government’s junior coalition party Sumar had said that they have now filed an official bill in the hope they can scrap it as soon as possible.

Sumar spokesperson Íñigo Errejón told journalists that the visas are a privilege that must be scrapped “immediately” because they have an inflationary effect on the housing market.

All of this means that those still interested in still getting the visa are confused. They don’t know when the scheme will end, if they still have time to send in applications and what will happen to those who are already in the process of applying.

In order to help answer some of these pressing questions, The Local Spain contacted María Luisa De Castro from CostaLuz Lawyers in to find out more. 

Q: When will the Golden Visa scheme officially end?

A: “The exact date for the official end of the Golden Visa scheme has not been fully detailed yet. Initially, changes would be implemented in the near future, potentially within the next few months. Some optimists believe it might be a bluff by the government and that it may not be implemented after all.”

READ MORE: When will Spain’s golden visa scheme officially end?

Q: Has the process of applying changed?

A: “As of now, the process remains unchanged, so it’s exactly the same as before.”

Q: Can people still apply for now?

A: “Applications are still being accepted. However, given the recent announcement, it is advisable for prospective applicants to act swiftly.”

Q: What will happen if I’m in the middle of the application process?

A: “For those currently in the middle of the application process, their applications will still be processed under the existing rules. Once the new regulations come into effect, it will very likely come with some transitional provisions to handle ongoing applications.”

Q: What about those who want to invest instead of buy a property?

A: “The visa remains available for other investment options such as investments in companies, public debt, etc.”

Q: What if I already have the golden visa through property investment, will I be able to renew it in the future?

A: “Our opinion (and that is what we will defend) is that renewal rights are acquired when the visa is granted and therefore cannot be subsequently reduced, as this would constitute a retroactive limitation of individual rights. The Spanish Constitution prohibits retroactive application of laws that are not favourable or that restrict individual rights once they have been acquired.”

Q: How quickly can I get the golden visa?

A: This depends on where you apply from. According to the CostaLuz Lawyers, if you’re applying outside the countryYou should apply at least 90 days before you plan to travel to Spain”. If you’re inside Spain, you can apply through the Unidad de Grandes Empresas. This could take anywhere between 20 and 60 days.

CostaLuz Lawyers argue that it’s not necessary to wait until the property purchase has gone through, that you can apply with your initial contract or a statement from your bank in Spain, certifying that you have deposited at least €500,000.

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