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View Full Version : Other Does anyone know what the new Certificado de Registro rules are for-non workers?



penelope pitstop
10-01-2013, 18:25
I have recently read that there are new rules for non working EU nationals (excluding pensioners) who want to spend more than 3 months in Spain (including Canary Islands)
They have to deposit 5200 euros somewhere, not known where yet, as proof they are self supporting.
I presume this doesn't apply to people spending extended holidays in Spain?
Anyone have any further information please?

TF1
10-01-2013, 18:32
Its more likely that some right wing politician has proposed the act, but I've not heard anything to support it. In any case, it would not be applicable to residents of EU member states unless ratified by the EU.

Goldenmaniac
10-01-2013, 18:35
This rule has been in effect from November 2011 see here http://www.tenerifeforum.org/tenerife-forum/showthread.php?135-Residencia-amp-the-new-Certificado-de-Registro-in-Tenerife-discussions-and-questions
and here http://www.diana-mcglone.com/#residencia
and here (in Spanish) http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html
The 5,200 euros has to be in a Spanish Bank and proved by way of an actual statement (not one from the internet) which has been stamped by the branch or a letter from the bank confirming the same thing, but in truth it's a nonsense - you could borrow just over 5 k show the amount required in the bank account and then get the residencia and then withdraw the money and pay it back (plus the vig presumably :) )
This has been covered again and again on the forum - basically the European "powers that be" (both UK and Spain don't consider that anyone is entitled to have a holiday extended for more than 90 days :(



Its more likely that some right wing politician has proposed the act, but I've not heard anything to support it. In any case, it would not be applicable to residents of EU member states unless ratified by the EU. Sorry wrong it was passed by Madrid - the amount arises from on year's minimum wage salary

garlicbread
10-01-2013, 20:18
This rule has been in effect from November 2011 see here http://www.tenerifeforum.org/tenerife-forum/showthread.php?135-Residencia-amp-the-new-Certificado-de-Registro-in-Tenerife-discussions-and-questions
and here http://www.diana-mcglone.com/#residencia
and here (in Spanish) http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html
The 5,200 euros has to be in a Spanish Bank and proved by way of an actual statement (not one from the internet) which has been stamped by the branch or a letter from the bank confirming the same thing, but in truth it's a nonsense - you could borrow just over 5 k show the amount required in the bank account and then get the residencia and then withdraw the money and pay it back (plus the vig presumably :) )
This has been covered again and again on the forum - basically the European "powers that be" (both UK and Spain don't consider that anyone is entitled to have a holiday extended for more than 90 days :(


We are OK as we are pensioners registered and paying tax here already. However, we know literally dozens of UK nationals who either live here permanently or for at least 5-6 months over winter but do not even have certificado de registro but just NIE numbers which they needed to buy property and/or a vehicle. Are they living here illegally and if so what is the likely hood of any sanctions against them? One of my neighbours who fall into this category have asked me to ask the question.

TF1
10-01-2013, 20:36
If you read the document of your link (http://extranjeros.empleo.gob.es/es/...102/index.html) it states that the act is only a "guideline", and no figure of 5,200€ is quoted. It just says that if you don´t have work, that you must have "enough funds" to take care of you and your family, without having to request help from the state.
If no exact amount has been passed by a BOE, then it cannot be enforced in any autonomous community.

Goldenmaniac
10-01-2013, 23:20
If you read the document of your link (http://extranjeros.empleo.gob.es/es/...102/index.html) it states that the act is only a "guideline", and no figure of 5,200€ is quoted. It just says that if you don´t have work, that you must have "enough funds" to take care of you and your family, without having to request help from the state.
If no exact amount has been passed by a BOE, then it cannot be enforced in any autonomous community.
I did read it

La valoración de la suficiencia de medios económicos se efectuará de manera individualizada y, en todo caso, teniendo en cuenta la situación personal y familiar del solicitante. Se considerará acreditación suficiente para el cumplimiento de este requisito la tenencia de recursos que sean superiores al importe que cada año fije la Ley de Presupuestos Generales del Estado para generar el derecho a recibir una prestación no contributiva, teniendo en cuenta la situación personal y familiar del interesado.


resources that exceed the amount set annually by law in the State Budget such as to generate the right to receive a non-contributory benefit ie 5,200 euros



We are OK as we are pensioners registered and paying tax here already. However, we know literally dozens of UK nationals who either live here permanently or for at least 5-6 months over winter but do not even have certificado de registro but just NIE numbers which they needed to buy property and/or a vehicle. Are they living here illegally and if so what is the likely hood of any sanctions against them? One of my neighbours who fall into this category have asked me to ask the question.
As do I know more than a few dozen people too GB - Technically yes they are in breach of immigration regs but what happens to them? Not a lot really - there are no sanctions that I know of and in any case EU citizens do have the right to be here, unless they need to access state help for any reason either here or in their own countries and then things can get complicated in the event of serious illness or incapacity if those concerned haven't made private provision.

What will happen when big brother rolls into full force with chipped passports being scanned at 20 paces? - your guess is as good as mine ... time to find a desert island and pull up the drawbridge I guess:boat1:

TF1
11-01-2013, 15:56
I understand your interpretation of this new "rule", but it states quite clearly on the header that it is only a guideline. Also, only a court order can result in the expulsion of an EU citizen from Spain, and as it is in conflict with several other EU laws, I doubt if any judge would consider it as a valid law. If this could be enforced, I have no doubt that it would have been used before now to expel several thousand Eastern European "residents" with no declarable means of supporting themselves ....

Seems like another "rule" which has been misinterpreted as a "law", just like the EU driving license issue, which was apparently resolved by the interior ministry yesterday. Result is that EU licence holders must either pass a physical every 5 years or register their license in traffico, enforcement + multas will begin in 2015. (sorry ... off topic:o)

Goldenmaniac
11-01-2013, 20:08
I understand your interpretation of this new "rule", but it states quite clearly on the header that it is only a guideline. Also, only a court order can result in the expulsion of an EU citizen from Spain, and as it is in conflict with several other EU laws, I doubt if any judge would consider it as a valid law. If this could be enforced, I have no doubt that it would have been used before now to expel several thousand Eastern European "residents" with no declarable means of supporting themselves ....

Seems like another "rule" which has been misinterpreted as a "law", just like the EU driving license issue, which was apparently resolved by the interior ministry yesterday. Result is that EU licence holders must either pass a physical every 5 years or register their license in traffico, enforcement + multas will begin in 2015. (sorry ... off topic:o)

Who spoke of expelling anyone?

The point is in the real world in which some of us have to live and operate in, without a residence certificate you cannot, for example, process an S1 from the UK to get Health entitlement in Tenerife & you would become disenfranchised in local elections, you couldn't get your discount on travel, never mind all the other myriad bureaucracy that it is required for during our daily lives.

The rule (if you will) is enforced de-facto, with no need of a judge, quote EU law at an officer in the Extranjeria all you like and see how far it gets you if you don't comply with his requirements.

As to the driving licence matter -
EU licence holders must either pass a physical every 5 years or register their license in traffico - I'm sorry I don't see a problem with it - If the law here is that drivers on the road pass a physical at regular intervals (its only 5 years after a certain age by the way) why shouldn't an European person living here obey the same regulations, and why shouldn't they register their licence? In many cases the UK or other address still associated with the licence is no longer their home ,why shouldn't they have to let their adopted country know where they live?