The modification of a long-term EU residence obtained in Europe for a long-term residence permit in Spain has a series of requirements that we discuss in this article.

The long-term residence authorization-EU is an authorization that allows you to reside and work in Spain indefinitely under the same conditions as Spaniards and that benefits from the provisions of said status in Council Directive 2003/109/EC, of ​​25 of November, relating to the status of long-term resident third-country nationals.

The long-term EU resident in another member state in Europe can exchange this permit for a long-term one in Spain, benefiting from a simple procedure and maintaining their long-term resident status.

Contenidos ocultar
1 Applicable regulations
2 Requirements
3 Documentation
4 Procedure
Applicable regulations
  • Council Directive 2003/109/EC of 25 November on the status of long-term resident third-country nationals.
  • Organic Law 4/2000 of January 11 on the rights and freedoms of foreigners in Spain and their social integration (article 32).
  • Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 155 and 156).
Requirements 

The long-term residence in Spain of the long-term EU resident in Europe has the following requirements:

  • Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to whom the Union citizen regime applies.
  • Not being prohibited from entering Spain and not appearing as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
  • Be the holder of a long-term EU residence authorization in another Member State.
  • Have the financial means and accommodation, or meet the requirements to obtain a residence and work authorization as an employee or self-employed person, or the exemption from a work authorization (see corresponding information sheets).
Documentation
  • Application form on official model (EX-11), in duplicate, duly completed and signed by the foreigner. This form can be obtained at:
  • Documentation proving your status as a long-term EU resident in another Member State.
  • Copy of the complete passport or valid travel document.
  • Depending on livelihood:

– If you are not going to develop lucrative activities: you must present documentation proving that you have sufficient financial means to support 400% of the IPREM monthly, which amounts to 2,130.04 euros, and have public or private health insurance that covers the risks. normally insured to Spanish citizens.

– If you are going to carry out work as an employee, documentation that identifies the company:

  1. If it is an individual entrepreneur: copy of the NIF or NIE, or consent to verify the identity data through the Identity and Residence Data Verification System or NIE or if it is a legal entity (S.A, S.L., Cooperativa , etc): copy of the company’s NIF and copy of the deed of incorporation duly registered in the corresponding Registry, copy of the public document that certifies the legal representation of the company and copy of the NIF or NIE or consent to verify the identity data through the Identity and Residence Data Verification System or NIE of the signatory of the contract.
  2. Signed employment contract.
  3. Proof that the company can guarantee the necessary solvency, through: copy of the personal income tax, or VAT, or corporate tax return or the company’s working life report (VILE), referring to the last three years. Likewise, a descriptive report of the occupation to be performed must be provided.

– If you are going to carry out self-employment activities:

  1. In retail commercial activities and provision of the services listed in the Annex to Royal Decree Law 19/2012, which are carried out in permanent establishments, whose useful surface is equal to or less than 300 square meters, responsible declaration or prior communication (in the terms of the article 71.bis of Law 30/1992) and, where appropriate, proof of payment of the corresponding tax.
  2. In the rest of the activities and provision of professional services, a list of the authorizations or licenses required for the installation, opening or operation of the planned activity or for professional practice, indicating the situation in which the procedures for its implementation are found. achievement, including, where appropriate, the application certifications before the corresponding organizations.
  3. Copy of the documentation that proves possession of the training and, where applicable, the professional qualification legally required for the exercise of the profession.
  4. Accreditation that there is sufficient economic investment, or commitment to support from financial or other institutions.
  5. Establishment project or activity to be carried out, indicating the planned investment, its expected profitability and, where appropriate, jobs whose creation is expected.
  6. As an example, regardless of their justification by other means admissible in Law, sections 2, 3 and 4 can be accredited by the valuation report issued by one of the following organizations:

National Federation of Associations of Entrepreneurs and Self-Employed Workers (ATA)

Union of Professionals and Self-Employed Workers (UPTA)

Intersectorial Confederation of the Self-Employed of the Spanish State (CIAE)

Organization of Professionals and Self-Employed (OPA)

Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE)

Procedure
  • Subject entitled to submit the application:

If located in Spanish territory, the foreigner may present the application personally or through representation.

If you are not in Spanish territory, the foreigner must submit the application in person.

  • Presentation location:

If you are in Spanish territory: in any registry and addressed to the competent Immigration Office.

If you are not in Spanish territory: at the Spanish diplomatic mission or consular office in your area of ​​residence, which will refer you to the competent Immigration Office.

  • Competent Immigration Office:

If you are not going to carry out work activity, the one corresponding to the province in which you are going to establish your domicile.

If you are going to carry out work activity, the one corresponding to the province where you are going to start the work activity.

  • Submission deadline:

If you are not in Spain, at any time prior to entering national territory.

If you are in Spain, within three months of entry.

  • Long-term residence fee: it will be accrued at the time the application is accepted for processing, and must be paid within ten business days, it is:

Model 790 code 052 section 2.6 “long-term residence authorization and long-term residence authorization-EU to be paid by the foreigner

  • Application resolution period:

Forty-five days counted from the day following the date on which it was entered in the registry of the body competent to process them. Once this period has elapsed without the Administration having carried out the notification, it may be understood that the request has been approved due to administrative silence.

  • Once the authorization is granted, if the foreigner is not in Spanish territory, he or she must enter Spain within a maximum period of three months from notification of the resolution.
  • The authorization is valid from:

If you are going to carry out a work activity, from registration in the corresponding Social Security regime.

If you are not going to carry out work activity:

If you are in Spain, from the notification of the resolution.

If you are not in Spain, from the moment you enter the national territory.

  • Within a period of one month from the entry into force of the long-term residence authorization, the foreigner must personally request the Foreigner Identity Card at the Immigration Office or Police Station of the province where the authorization has been processed.
  • At the time of the fingerprint process, the applicant will show his or her passport or travel document to prove his or her identity and will provide:

Application for a Foreigner’s identity card, official model (EX-17).

Proof of payment of the card fee.

A recent color photograph, on a white background, passport size.

Holders of a long-term residence authorization must request the renewal of their foreign identity card every five years. The request must be submitted within sixty calendar days prior to the expiration date; if it is submitted at a later date, the corresponding sanctioning procedure could be initiated.