EU citizens can’t legally get permission to reside in Andalucia at the moment

Confusion reigns for EU citizens trying to get their NIE numbers at the moment.

Basically, Madrid has ordered that all foreigners coming to live in Spain must prove that they are able to support themselves, but then left it up to the regions of Spain to define “support themselves”. Despite the fact that the EU rules that all EU citizens have the right to live where they’d like to within the union.

Seville, responsible for Andalucia, has not clarified the meaning of “support themselves”, meaning that the National Police are unable to issue NIE numbers to EU citizens until someone pulls their finger out and issues a directive.

It’s been over two months now, and the foreigners office in Almeria continues to refuse to issue appointments due to the huge backlog.

The gf has spoken to a “senior official” in the oficina de extranjeros (he didn’t want to be identified) who confirmed that he’s got files on his desk that are now approaching three months, at which point technically under the law they are considered to have been rejected via silencio administrativo and the forienger must be deported. He didn’t like to say what would happen then, but confirmed that technically every case file would require a ministerial review.

Andalucia, instead of clarifying the issue, has now gone and announced that it will take Madrid to court over the new finance of the health service bill, which amongst other things included this cause.

I’ve actually been involved in drafting a question to the British Embassy over the rights of British citizens attempting to get their NIE here in Spain, and it will be interesting to see if they bother to reply.

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3 Replies to “EU citizens can’t legally get permission to reside in Andalucia at the moment”

  1. Any luck with the British Embassy? I have been trying to get my newborn daughter a NIE for the last two months…

  2. No, only a form email informing us that they if they didn’t get back to us within 21 working days we were to assume they weren’t go to reply at all.

  3. Update:

    The new law was published last week, basically just a transposition of an existing EU directive (2004/38) which has been law since 2007!
    http://www.boe.es/boe/dias/2012/07/10/pdfs/BOE-A-2012-9218.pdf

    Spain will now ask for proof of funds/health insurance from all EU nationals applying for a residence certificate.

    However this condition does not apply to EU nationals who have permanent residence (ie, has legally lived in Spain for 5 years). The right to residence for them is unconditional.

    Family members of an EU citizen with permanent residence are also not required to comply with any of the proof of funds/health insurance conditions. (which was my situation, they wanted me to give proof of funds or health insurance to get my daughter’s residence certificate).

    So, it only took nearly 3 months to get a certificate, which according to the EU Directive must be issued “immediately”. Now for getting her added as a beneficiary at the NISS, which is going to be a whole different ball game!

    By the way the British consulate were useless. They basically offered a shoulder to cry on, but nothing else. So much for protecting the rights of British citizens… The most helpful organisation in all this was Europe Direct, who got back to me in a matter of days with all the relevant law and some very good advice. It was only when I printed out what Europe Direct had sent me and literally threw the book at the local oficina de extranjeros did my daughter’s residence certificate suddenly become available.
    http://europa.eu/europedirect/index_en.htm

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