Differences between the Non-Resident Certificate (“Certificado de no residente”) and the European Union Citizen Registration Certificate in Spain (“Certificado de registro de Ciudadano de la Unión Europea”)

In Spain, there are different types of certificates and documents required for foreign citizens wishing to reside in the country. Two of these documents are the «Certificado de No Residente» and the «Certificado de Registro de Ciudadano de la Unión Europea«. Although both are related to residency status, they have significant differences that are important to understand in order to avoid confusion and to comply with the corresponding legal requirements. In this article, we will discuss the key features and differences between these two certificates.

Non-Resident Certificate (”Certificado de no residente”)

The «Certificado de No Residente» is a document issued by the police authorities for those individuals who are not tax residents in Spain but need to carry out certain transactions or formalities in the country. Generally, this certificate is required in situations such as selling a property, opening a non-resident bank account or obtaining a mortgage. Its main purpose is to accredit the applicant’s tax status and non-residence in Spain. This document is also known, improperly, as the «White NIE» (”NIE blanco”), because it is effectively a white sheet of A4 paper.

The process to obtain the Non-Resident Certificate involves the presentation of various documents to the Spanish National Police, where the applicant’s status is verified and the certificate is issued. It is important to note that this certificate does not grant any right of residence in Spain and its validity is limited to specific tax purposes. This type of document consists of a white sheet, which has no expiry date. This document, obtained by a citizen of the European Union, allows you to work and obtain a Spanish Social Security Number (“Número de Seguridad Social”), just like the «Certificado de registro de Ciudadano de la Unión Europea» (Certificate of Registration as a Citizen of the European Union).

European Union Citizen’s Registration Certificate

On the other hand, the «Certificado de Registro de Ciudadano de la Unión Europea» is a document for citizens of the Member States of the European Union, the European Economic Area or Switzerland who wish to reside in Spain for a period of more than three months. This certificate is compulsory in order to exercise the right of residence in the country and enjoy the associated benefits and rights. Many people often refer to this document, improperly, as a «Green NIE» (”NIE verde”), due to its green card appearance.

The process to obtain the European Union Citizen Registration Certificate involves the presentation of certain documents, such as a passport or identity card, proof of financial means and health insurance, and a declaration of residence in Spain. Once obtained, this certificate accredits legal residence in Spain and grants rights such as access to public services, education, employment and medical care, among others. The document consists of a green card that has no expiry date, but can be converted, after 5 years, and if the requirements are met, into a «Permanent Certificate» (”Certificado de residencia permanente de Ciudadano de la Unión Europea”).

What are the requirements for obtaining the «Certificate of Registration as a Citizen of the European Community» (EU Resident Green Card)?

– Any individual from a Member State of the European Union or from another State party to the Agreement on the European Economic Area has the right to reside in the territory of the Spanish State for a period of more than three months if:

o He/she is an employee in Spain, or

o He is self-employed in Spain, or

o He has sufficient resources for himself and the members of his family, so that he does not become a burden on the social assistance system of Spain during his period of residence. In addition, he/she must present public or private health insurance, contracted in Spain or in another country, which offers coverage in Spain during his/her period of residence equivalent to that provided by the National Health System. The assessment of the sufficiency of financial resources will be carried out on an individual basis and, in any case, taking into account the applicant’s personal and family situation. It will be considered sufficient evidence to meet this requirement to have resources that exceed the amount established annually by the General State Budget Act for entitlement to receive a non-contributory benefit, taking into account the personal and family situation of the person concerned.

o Either be a student and be enrolled in a public or private centre recognised or financed by the educational administration for studies or vocational training, and have public or private health insurance contracted in Spain or another country that provides full coverage in Spain and a responsible declaration of sufficient resources for themselves and their family members, so that they do not become a burden on the social assistance system of Spain during their time of residence, or

o Be a citizen of a Member State, a family member accompanying or joining an individual from the Union or the European Economic Area, who meets any of the above conditions. The family member may be:

1. In the case of a student’s family member, his or her spouse or registered partner or the children of the student and his or her spouse or dependent partner.
2. In other cases, the spouse or registered partner, his or her direct descendants and the direct descendants of his or her spouse or partner who are under 21 years of age or incapacitated, or are over that age and living in his or her care, and the direct ascendants of him or her or his or her spouse or registered partner who are living in his or her care. Dependants are defined as family members whose financial support is provided by the EU individual and who are in need of material assistance to meet their basic needs. This dependency must exist in the country of origin.

– Depending on the case:

o If you are employed, you can submit any of the following documents:

1. Employer’s statement of employment or certificate of employment, including, at least, details of the company name and address, tax identification and contribution account code.
2. Employment contract registered with the Public Employment Service, or the notification of the contract and its conditions through the CONTRAT@ platform.
3. Document of registration or a similar situation to registration in the corresponding Social Security scheme or consent for the verification of the data in the files of the General Treasury of the Social Security.

o If you are self-employed you can present any of the following documents:

1. Registration in the Census of Economic Activities.
2. Justification of your establishment by means of registration in the Mercantile Register.
3. Document of registration or a similar situation to registration in the corresponding Social Security scheme, or consent for the verification of the data in the files of the General Treasury of the Social Security or the Tax Agency.

o If you do not work in Spain, you must present:

1. Documentation proving that you have public or private health insurance, contracted in Spain or in another country, provided that it offers coverage in Spain during your time of residence equivalent to that provided by the national health system. Pensioners meet this requirement by presenting a certificate proving that they have health care provided by the State from which they receive their pension.
2. Documentation proving that they have sufficient resources for themselves and their family members during the period of residence in Spain. This can be accredited by any legally accepted means of proof, such as property deeds, certified cheques, documentation that proves capital income or credit cards with bank certification that proves the credit available on said card.

o If you are a student you must present:

1. Enrolment of the public or private educational centre, recognised or financed by the competent educational administration.
2. Documentation proving that you have public or private health insurance. You may present the European Health Insurance Card valid for the period of residence and entitling you to receive the necessary health benefits from a medical point of view, taking into account the nature and duration of the benefits provided.
3. Declaration of sufficient resources for yourself and the members of your family during your period of residence in Spain. The presentation of documentation accrediting participation in a European Union programme that promotes educational exchange for students and teachers will be considered sufficient to meet these requirements.

o If you are a family member of an individual from the Union you must present:

1. Documentation accrediting, where applicable, the family link with the individual from the Union, duly legalised.
2. Documentation that accredits economic dependence.
3. Documentation proving that the qualifying family member is employed or self-employed, or has sufficient means of support and health insurance, or is a student, has sufficient means for himself/herself and his/her family members, and has health insurance. Important note: when submitting documents from other countries, they must be translated into Spanish or into the co-official language of the autonomous community where the application is submitted and must be duly legalised or apostilled.

Key differences between the certificates

– Purpose: The Non-Resident Certificate is aimed at persons who are not tax residents in Spain and has a primarily fiscal purpose, while the European Union Citizen Registration Certificate is required to accredit the legal residence of EU citizens in Spain and grants associated rights.

– Target audience: The Non-Resident Certificate can be applied for by citizens of any nationality who are not tax residents in Spain, while the European Union Citizen Registration Certificate is exclusively for citizens of EU Member States, the EEA or Switzerland.

– How to obtain: For the Non-Resident Certificate, the corresponding documentation must be presented to the National Police. On the other hand, the European Union Citizen Registration Certificate requires the presentation of various documents and formalities before the immigration authorities.

– Validity and rights: The Non-Resident Certificate is valid only for specific tax purposes and does not grant residence rights in Spain. On the other hand, the European Union Citizen Registration Certificate validates legal residence and grants associated rights to EU citizens residing in Spain.

Both documents do not expire and, when used by EU citizens, allow them to register with the Social Security and to work.

The NIE (Número de Identificación de Extranjero) is a unique number assigned to foreigners in Spain, including EU citizens, and is printed on both the «Certificado de no residente» and the «Certificado de registro de ciudadano de la Unión Europea». The Non-Resident Certificate is a document that is requested when a person does not intend to reside in Spain but needs to carry out certain procedures or activities in the country.

To obtain the «Asignación de NIE» (Número de Identificación de Extranjero) at a National Police station in Spain, certain requirements must be met. The NIE is a unique number that is assigned to foreigners, including EU citizens, who need to carry out specific procedures or activities in the country.

The most common reasons for applying for the NIE include working, studying, carrying out financial transactions, buying a property, setting up a business or other activities that require tax identification in Spain.

It is important to note that the requirements may vary slightly depending on the autonomous community in which you are located, and may be subject to changes in legislation. Therefore, it is always advisable to check with the National Police station closest to your place of residence for up-to-date and accurate information on the specific documents and requirements you need to present in your particular case.

BarcelonaGlobalService (https://barcelonaglobalservice. com/) will evaluate your personal, economic, work and family situation in Spain and, depending on it, will propose you the option of obtaining, to start with, a non-resident certificate or a Certificate of Registration as a European Union Citizen; in both cases, once the document has been obtained, we can then proceed to register your NIE in the database of the Spanish Tax Agency by submitting form 030, to activate the «Digital Certificate» (“Certificado Digital”) and, with this, to also assign you a NUSS (Social Security Number – Número de Seguridad Social).

In both cases, therefore (whether you obtain a Non-Resident Certificate or you have the requirements for an EU Citizen Registration Certificate), you will have everything you need to start working and register with the Social Security and the Tax Office, quickly and you only have to go to a National Police station with the documentation that will be sent to you.

In summary, the Non-Resident Certificate and the EU Citizen Registration Certificate are different documents with different purposes in the context of residency in Spain. While the former is related to tax status and does not grant residence rights, the latter is essential for EU citizens wishing to live in Spain and guarantees a number of benefits and rights. It is essential to understand these differences to ensure compliance with the relevant legal requirements and to avoid confusion when managing residency in the country.

Contact BarcelonaGlobalService at francesco@barcelonaglobalservice.com for more information. (Facebook: https://www.facebook.com/Barcelonaglobalservice).