The Directorate General for Migration Management has just published a new management criterion, the fifth this year, regarding the medical certificate under the International Health Regulations. This criterion establishes that a medical certificate is not required for long-term stay or residence authorizations when the foreigner is in Spain.
The management criterion states that sections l) and i) of Articles 35 and 38 of the RLOEx (Spanish Organic Law on Migration) establish, as a requirement for obtaining long-term stay and residence visas, respectively, the provision of a medical certificate certifying that the foreigner does not suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the World Health Organization’s International Health Regulations of 2005 (IHR-2005).
The objectives of the IHR-2005, according to Article 2, are to prevent the international spread of diseases, protect against such spread, control it, and provide a public health response proportionate and limited to the risks to public health, while avoiding unnecessary interference with international traffic and trade.
Therefore, in accordance with the teleological purpose of both regulations, the Directorate General for Migration Management provides that:
A medical certificate proving that the foreigner does not suffer from any of the diseases that may have serious public health repercussions in accordance with the International Health Regulations of 2005 is not required in cases where, in accordance with the Spanish immigration regulation, the foreigner requests authorization for long-term stay or residence while in Spain.
