AndyH
18th June 2011, 08:46 AM
It appears that Guardia Civil have been stopping drivers in this area and demanding production of the 'Residencia' certificate. They have no lawful authority whatever to do this. They do have lawful authority to require you to produce a 'national identity document', which for UK citizens is your passport, and of course, documents relating to your entitlement to drive, such as licence (an EU license is perfectly valid) and insurance, ITV, etc.
The Residencia is not an identity document. It even says this on it. There is not even any obligation under Spanish law to carry this Residents certificate with you (you are obliged - again - to carry a 'national identity document' which for UK citizens is a passport).
Further, your entitlement to reside here is not granted by obtaining this document (which the relevant Directives make perfectly clear is one purpose only - that of compiling census statistics and nothing else). Your right to live and work here is an inviolable treaty obligation. It cannot be denied by Spain via administrative ruses. If you are an EU citizen, or spouse of an EU citizen with permanent residence status in any other EU state, you have an ABSOLUTE right to be here, stay here, and be treated fairly and without discrimination by any State authority.
You do not need a Residencia certificate to own or drive a Spanish car. In fact, you do not need one for anything at all, other than to comply with Spain demanding that you register your name. It does not even confirm fiscal (tax) status (as you can hold a Residencia certificate but still be out of the country for more than 183 days in any 12 months), though might be useful peripheral evidence in arguing certain cases, such as IHT.
Spain is already in violation of EU directives on a number of points with regard to this 'Residencia' issue, a fact confirmed by rulings issued by the E.U. Justice, Freedom and Security Commission. These include:
1) Requiring EU citizens to travel to provincial capitals or large cities to register. The regulations state this must be possible "in the place of residence". Not 100km away.
2) Failing to issue the certificate "immediately". That means while you wait, on the same day. Some offices are now complying with this (at last) others are not, and are demanding return visits.
3) Unlawfully demanding additional documents. The only documents they have lawful authority to see are: Passport, proof of medical insurance if below pensionable age, and proof of family relationship to an EU citizen (e.g. marriage certificate) if the applicant is of non-EU origin. Nothing else. Not even an NIE number. They expressly have no right to demand production of the 'old' Residencia card.
4) The charging of a fee is unlawful.
5) Once 5 years lawful residence has been established no further renewals are required. At that point they are obliged to issue a certificate of permanent residence with no expiry or renewal date. As above, this should be granted 'immediately' and in full compliance with the requirements stated (and nothing in addition).
As we all know, this is not happening. Hence, the matter has now been referred back (again) to the relevant EU authorities for an additional ruling pursuant to enforcement action.
This matter has stagnated somewhat, and the above initial rulings date back to 2008.... for example, see:
http://www.roundtownnews.co.uk/index.php?option=com_content&task=view&id=14105&Itemid=32
However, given that a number of EU citizens have reported unlawful harassment over these 'residencia' papers in recent months, the Ombudsman is going to be taking another long, hard look at it. Spain faces unlimited fines if their procedures continue to defy their treaty obligations. In addition, anyone who has been so harassed can bring their own case for personal compensation. There is also a fast track system for registering complaints with the EU commission over this matter.
In a nutshell... Spain is entitled to require you to simply 'register' your name. They cannot refuse you registration if you are an EU citizen or spouse of an EU citizen. However, they have to conduct this registration process in full accord with EU Directives, and that they are not doing. They are not entitled to threaten you, or harass you over this. What can they do if you fail to register? It is actually very unclear. They cannot expel you. They cannot arrest you. They can (technically - maybe - possibly) fine you, but this has to be "proportionate" and there are no records of them ever having done so. They have tried to claim that not having a 'Residencia' is the same as not having a national ID document, but that is very shaky ground indeed... because it is expressly NOT an ID document. The whole thing is a nonsense and the current process is clearly at odds with not only the relevant Directives and treaty obligations, but also subsequent commission rulings.
It is not likely to change unless more people who are either harassed (or subjected to inconvenience) file formal complaints with the Commission.
The Residencia is not an identity document. It even says this on it. There is not even any obligation under Spanish law to carry this Residents certificate with you (you are obliged - again - to carry a 'national identity document' which for UK citizens is a passport).
Further, your entitlement to reside here is not granted by obtaining this document (which the relevant Directives make perfectly clear is one purpose only - that of compiling census statistics and nothing else). Your right to live and work here is an inviolable treaty obligation. It cannot be denied by Spain via administrative ruses. If you are an EU citizen, or spouse of an EU citizen with permanent residence status in any other EU state, you have an ABSOLUTE right to be here, stay here, and be treated fairly and without discrimination by any State authority.
You do not need a Residencia certificate to own or drive a Spanish car. In fact, you do not need one for anything at all, other than to comply with Spain demanding that you register your name. It does not even confirm fiscal (tax) status (as you can hold a Residencia certificate but still be out of the country for more than 183 days in any 12 months), though might be useful peripheral evidence in arguing certain cases, such as IHT.
Spain is already in violation of EU directives on a number of points with regard to this 'Residencia' issue, a fact confirmed by rulings issued by the E.U. Justice, Freedom and Security Commission. These include:
1) Requiring EU citizens to travel to provincial capitals or large cities to register. The regulations state this must be possible "in the place of residence". Not 100km away.
2) Failing to issue the certificate "immediately". That means while you wait, on the same day. Some offices are now complying with this (at last) others are not, and are demanding return visits.
3) Unlawfully demanding additional documents. The only documents they have lawful authority to see are: Passport, proof of medical insurance if below pensionable age, and proof of family relationship to an EU citizen (e.g. marriage certificate) if the applicant is of non-EU origin. Nothing else. Not even an NIE number. They expressly have no right to demand production of the 'old' Residencia card.
4) The charging of a fee is unlawful.
5) Once 5 years lawful residence has been established no further renewals are required. At that point they are obliged to issue a certificate of permanent residence with no expiry or renewal date. As above, this should be granted 'immediately' and in full compliance with the requirements stated (and nothing in addition).
As we all know, this is not happening. Hence, the matter has now been referred back (again) to the relevant EU authorities for an additional ruling pursuant to enforcement action.
This matter has stagnated somewhat, and the above initial rulings date back to 2008.... for example, see:
http://www.roundtownnews.co.uk/index.php?option=com_content&task=view&id=14105&Itemid=32
However, given that a number of EU citizens have reported unlawful harassment over these 'residencia' papers in recent months, the Ombudsman is going to be taking another long, hard look at it. Spain faces unlimited fines if their procedures continue to defy their treaty obligations. In addition, anyone who has been so harassed can bring their own case for personal compensation. There is also a fast track system for registering complaints with the EU commission over this matter.
In a nutshell... Spain is entitled to require you to simply 'register' your name. They cannot refuse you registration if you are an EU citizen or spouse of an EU citizen. However, they have to conduct this registration process in full accord with EU Directives, and that they are not doing. They are not entitled to threaten you, or harass you over this. What can they do if you fail to register? It is actually very unclear. They cannot expel you. They cannot arrest you. They can (technically - maybe - possibly) fine you, but this has to be "proportionate" and there are no records of them ever having done so. They have tried to claim that not having a 'Residencia' is the same as not having a national ID document, but that is very shaky ground indeed... because it is expressly NOT an ID document. The whole thing is a nonsense and the current process is clearly at odds with not only the relevant Directives and treaty obligations, but also subsequent commission rulings.
It is not likely to change unless more people who are either harassed (or subjected to inconvenience) file formal complaints with the Commission.