Preparing for UKRC (arrival back from EU)

Congratulations on getting this far! If you’ve managed to get the Family Permit the UK residence card will seem too easy. Apart from all the evidence submitted for FP, the only extra things you need are documents for proof of address.

Below is a suggested timeline of documents to get in order in preparation for the UKRC application.

1. National Insurance Number for Non-EU. This typically takes up to 4 weeks as they will be sent an extra document to fill in. The bonus is the Non-EU won’t have to go to an “interview” at a job centre to get it. Call 0345 600 0643 and answer all of the questions, examples of which can be found here (Spanish and English).. Once the document has been sent, fill it in and send off a copy of passport bio page and FP. The card should arrive within 4 weeks. As they don’t want the original, you can get on with other documents.
2. Bank account. Non-EUs will find it difficult to open an account with most banks. Whilst HSBC is famous for opening accounts with ID and proof of address, this only applies to Europeans. The bank we found the least problems with was The Co-Operative. They have a special type of bank account for people who have problems proving their ID/address. With a passport and a proof of address (Council tax bill, rental contract, NINO letter) they will be able to open a “basic” account which can be upgraded without a problem later on to a normal account. The advisor will give you a paper form, ask for your passport (which they verify on the computer) and a memorable name for Internet banking. Done! The welcome letter should arrive within 2 weeks. You don’t have to have a joint bank account if you don’t want to for UKRC.
3. As you still have your original passport, you can now go to your local health centre to register with a doctor. Again, they will have forms to fill in: an NHS one and a local one for their centre. They may ask for you to do some basic tests (i.e. blood pressure) there and then. They will copy the Non-EU passport and proof of address. Done! They say an NHS letter with your NHS number will arrive in a couple of weeks, however I wouldn’t guarantee it. In 2 weeks an NHS number will be assigned to the Non-EU, however the letter might not arrive. Don’t worry if it doesn’t as the number on the system entitles them to free healthcare. This is the same for the dentist if you are lucky enough to find an NHS one taking new patients!
4. Utility bills will be difficult for Non-EUs to get as they won’t be in the system and therefore have no credit rating. A mobile phone contract will be very difficult to get, as will putting their name on a telephone bill. However, adding their name to electricity, water and council tax bills is straightforward and these will be accepted as a proof of address for UKRC.
5. If you are renting, you will have a rental agreement/contract as a proof of address. If not, you will need a letter from the person you are staying with to show where you are living, how much you pay (if at all) and how long you can/will stay there for the UKRC application.
6. For EU national, additional documents to prove your address could be being accepted onto the electoral roll, mobile phone contract or other utility bill, existing savings/bank account.
7. Another extra thing the EU has to do is provide two forms of ID. As they have to be original, and your original passport has to be sent anyway, I sent an official copy of my birth certificate as I didn’t mind it being lost (you never know!). I wouldn’t recommend sending your driver’s license as you will need it during the 6 months the application takes, and a license is a valid back-up in the event of you needing your passport, which you won’t have.

In order to get the Non-EU a driver’s license (provisional) they are required to be a resident, having lived in the UK 180 days (6 months) so I would advise doing this after you have received the UKRC. You can apply online for it, but if they reject your provisional license application you have lost the money for nothing. Another consideration is that they need original ID (passport or UKRC when you have it), which could delay your UKRC application if it isn’t sent back within the month that they state. Applying online is cheaper than via the paper form. When you apply online they will send a separate/extra form as the Non-EU won’t have a UK passport to verify their ID. Fill it in and send it back with the photo and UKRC and it will be back within a month (as stated on form). My husband applied for his after receiving his UKRC and only had to send this as a form of ID (not passport) as it counted for both, and didn’t need his photograph signed (as with a normal application) because the UKRC overrides this necessity. He received his UKRC back within a week and the license itself a week after that.

All in all, within a month of being back in the UK you should be ready to submit your UKRC application. More information to follow on that process.

How to apply for the Family Permit (FP)

Timeline

– EU arrived in Málaga: 24/09/11 (9 months – Erasmus) then 01/10/2013 to present day
– Non-EU arrived on 07/06/2014
– EU started working on: 06/06/2014 (two contracts – duration nearly one year at time of submission)
– EU Spanish Residency: 28/09/2011 (from Erasmus year)
– Non-EU Spanish Residency: 31/07/2014 (problem with translation of marriage certificate and went to appeal, was resolved after two months)
– FP online application: 16/05/2015
– FP appointment: 29/05/2015
– Decision made: 10/06/2015
– Passport returned: 12/06/2015
– Entry into the UK: 28/06/2015 via Exeter Airport

How

Step 1: Make sure you know which document you are applying for and if you qualify by looking at the UK Gov criteria website

Step 2: Create an account in the Non-EU’s name (I made the mistake of putting it in my name to start with) using the Family Permit online application. You will be sent a confirmation email with a link to verify your account.

Step 3: Start your application by selecting “Applying for myself” at the bottom of the first screen. Fill in the Non-EU’s details on the next page and the following options under visa type:

Step 4: You will then be presented with this screen from which you navigate your application and appointment. Make a note of the reference number starting with “GWF” and quote this on your cover letter.

Step 5: Go to application. Most of the questions refer to the Non-EU. Remember to think of the Non-EU as living in Spain, not from their own or the UK. Their address should be your address in Spain and their contact number should be a number in Spain as well.

Step 6: Fill in the application form. It is divided into the following sections:

Passport and Travel Information:
Passport – these questions refer to the Non-EU only. Remember that the country of residence is Spain and they are not a national of the country of application.
Travel Information – these questions refer to your trip and your EU partner.

Personal Details and Travel History:
Personal details – these questions refer to the Non-EU
Travel history – these questions refer to the Non-EU. Be honest about any refusals in the past. They are not taken into account for the purposes of the FP.

Family Details:
Spouse/Partner – these questions refer to the EU spouse
Father – these questions refer to the Non-EU
Mother – these questions refer to the Non-EU
Dependent children/non-dependent children – these questions refer to the Non-EU

Employment, Income and Sponsor Details:
Employment and Income and Expenditure: these questions refer to the Non-EU. These questions should be answered as N/A as income and expenditure are not taken into consideration for the purposes of FP.
Sponsor details: these questions refer to the EU

Family and Friends in the UK:
Add members of the EU’s family in this section.

Medical Treatment:
Answer no.

EEA National:
These questions refer to the EU. Under EEA reference number put your NIE or SS number. Under the questions about family members write the Non-EU’s country and that you visit them periodically.

Additional information:
Write something along the lines of: ADDITIONAL INFORMATION WILL BE SUBMITTED AT THE
TIME OF MY APPOINTMENT TO BE INCLUDED WITH THIS APPLICATION.

Step 7: Save the application. Note; you can save and quit at any time. I would suggest filling it in and then going away for a while, then look at it again with fresh eyes. Any missing parts will be highlighted when you are ready to “confirm application”.

Step 8: Look at a completed application forms example 1, example 2

Step 9: Sign the declaration. Write the Non-EU’s name.

Step 10: Create an appointment. Choose a slot that you know you can do as cancelling and requesting a new one might mean a longer wait than you anticipated. Remember to print this PDF file and take it with you to the Teleperformance centre.

Step 11: “Pay” for the application. It is FREE.

Step 12: Print the application (PDF file). It may take anywhere from a few hours to a day or so for this file to appear. Don’t worry if you think it’s taking a long time. If you notice a big mistake you will have to start the application from scratch and won’t be able to use it with the existing appointment you made.

Step 13: When you have completed your application, you will need to create a separate account on the Teleperformance website which will track your application. You can also pay for the return courier service on this website under the “Added Value Services” tab on the left hand side. Remember to print a copy of the courier payment and include it in your application. Make a note of public holidays and where the centre is located.

Where
UK Visa Application Centre
Avenida de Asturias, 9
Esquina Antonio González Echarte
CP 28029
Madrid, Spain
The nearest underground stop is Plaza de Castilla.

Photos from our appointment from the main roundabout as Google Maps hasn’t been updated (click to enlarge).

Documents

Please note, these are the documents I personally submitted, you can choose to submit more or less than this. I have separated them into their corresponding parts and this is essentially how I submitted my appendix.

Sample cover letters: Letter 1, letter 2, letter 3

Identity

1. Completed Family Permit application form for Non-EU’s name GWF…
2. EU’s passport (copy of biometric page) passport no. XX
3. Non-EU’s passport (copy of biometric page) passport no. XX
4. Marriage documents:
   a) Original marriage certificate in language (Country of issue, date)
   b) Spanish translation of marriage certificate
   c) English translation of marriage certificate
   d) Family book (copy of front page and bio page)

Residence cards and proof of residence

5. EU’s Spanish residence card
6. Non-EU’s Spanish residence card
7. EU’s original NIE (date) NB I also sent a previous version with my old address
8. Non-EU’s original NIE (date)
9. Town hall registry documents (empadronamiento)
   a) EU (individual and historic) NB the empadronamiento histórico shows all previous addresses where you have been registered with dates
   b) Non-EU (individual and historic)
   c) Family registry NB the empadronamiento familiar shows everyone who is registered at that address
10. Letter from Landlord, name
11. Current flat rental contract NB we stayed an extra month (13 in total) so our landlord wrote up a letter explaining this as well
12. Electricity bills (date-date) Company name
13. Water bills (date-date) Company name
14. Internet bills (date-date) Company name
15. Letter from ex-landlord, name NB to show how I came to be living there, why and for how long

Banking

16. Bank account openings
    a) EU’s NB I kept my own account and paid all bills from that
    b) Joint bank account for both EU and Non-EU

Work documents

17. EU’s Social Security number certificate
18. Non-EU’s Social Security number certificate NB even though he didn’t work we got him the number
19. Work report (Informe de vida laboral) from Social Security office
20. Tax declaration for 2014
21. Job documents NB this was x3 as I’d had 3 jobs
    a) Letter from owner Name
    b) Contract
    c) Payslips (date-date)
    d) Contract extension of hours
    e) P45

Health documents

26. Social security (public) health documents
    a) Non-EU’s entitlement to public healthcare certificate
    b) Social security letters and cards for both EU and Non-EU
    c) Registration with local doctors for both EU and Non-EU
27. Private healthcare documents
    a) Policy contract with Company name for both EU and Non-EU and cards
    b) EU’s medical reports
    c) Non-EU’s medical reports

Voluntary work and language exchanges

28. Letter from Name – voluntary work at Company name
29. Letter from Name – language exchange partner
30. Letter from Name – language exchange partner

Other documents

31. Gym memberships for EU and Non-EU
32. Library cards for EU and Non-EU
33. Bus cards for EU and Non-EU (Company name(s))
34. Receipts for laptop and TV channel tuner
35. Mobile phone contract for name
36. Courier receipt for return of passport and original documents

Self Employment

37. Social security certificate date
38. Invoices (date- date)
39. Tax returns

Things to bear in mind:

• Print your cover letter and appendix within the same document as some people have been told not to hand in their appendix or cover letter at Teleperformance.
• Photocopy everything you have and keep a digital record as well in case something gets lost.
• The only originals they SHOULD take are Non-EU passport, marriage certificate and translation. The other documents can be photocopied.
• If you can, number pages (especially ones you’ve written yourself) page 1 of 2 etc
• The EU partner cannot enter the Teleperformance building. If the Non-EU is not confident in English or Spanish then practise with them beforehand as some officers don’t take all of the documents you want to submit. Be forceful and if they say that a document is not needed tell them “I would like to submit all documents”.
• Quote your GWF reference number on documents and letters (where you can)
• The Family Permit is FREE, if you come to the end of the application and it tells you to pay you have chosen the wrong option at the beginning of the process.

How to get health cover in Spain

Public

To register with a doctor go to your local health centre, ask at reception and take the following documents:

EU citizen:

• Residence card with your NIE
• Social security number (certificate itself is not necessary)
• Passport

For the Non-EU (and children) to be added as a beneficiary to the EU’s medical cover go to your local Social Security office and the place inside you’ll need is the TGSS office which deals with healthcare and other tramites. The following documents will be needed:

Non-EU:

• Passport
• Completed modelo (see below for extra instructions)
• Residence card or residence card acceptance letter which states the expiry date of the card (some regions do not ask for this, just the NIE, but most do)
• NIE
• Marriage certificate (legalised) and a Spanish translation (legalised)
• Spouse’s (EU’s): passport and NIE (residence card)

How to fill in the modelo

The EU’s details need to be filled out on the first sheet and at the bottom of the boxes tick the “persona asegurada” option. Do not fill in anything else on the first page. On the second page fill in the details of your spouse (and/or children) but do not fill in the box asking for financial income “Ingresos (1) (2)”. The relationship is “conyuge” (spouse). Do not fill in anything else on that page. On the third and final page the EU spouse has to sign and date under the section “Solicito”.

What happens next?

In both cases you will both be given a certificate with all of your details. In the case of the EU it will have the name of the registered doctor and in the case of the Non-EU your certificate will be a special “beneficiario” one with your details. Both will be stamped and with both of these documents you can see your doctor (once you have one assigned to you) free of charge, and also receive any prescribed medication that is covered by Social Security. The cards will take around 2-4 weeks to arrive at your house as they are issued from the Spanish Mint, and from then on the certificate is not necessary when you go to the health centre, only the card itself. Keep the certificate for your personal records and the Family Permit.

Always take your card with you when needing medical attention (the best place is to keep it in your wallet).

Private

Taking out a private health insurance policy is relatively simple and the documents that both EU and Non-EU need are: passport and NIE (if Non-EU doesn’t have one it shouldn’t be a problem, but it makes the process less complicated).

There are varying prices and cover plans ranging from 8€ – 120€+ per month. Different policies have different terms and conditions with regards to when and what they cover, for example, if you are having or planning to have a baby you will need to have paid at least 8 months’ insurance before giving birth for it to be covered. For operations the time ranges from 3-6+ months from taking out the policy. General doctors appointments are usually covered once the medical card is received, but any tests following on from those consultations may require one full month’s insurance paid first. Any visits to A&E are covered from the moment you get the card and in some cases, emergency operations are also covered within the first month.

There are generally no waiting times for appointments and the quality of care and attention is generally better as well. The hospitals, clinics and private doctors who are covered with your company’s policy will be available on their website (or in their handbook when you receive the medical card).

Check with your bank as some give reductions if you have an account with them. Always check the small print, especially what is covered after what time period.

Always take your card with you when needing medical attention (the best place is to keep it in your wallet).

How to plan your time for your move to Spain… and beyond

Here is a rough timeline of how to plan your time when you arrive (and the bit before), including timescales to acquire the various Spanish documents you need.

Before leaving
Apply for Non-EU’s Schengen Visa. Time: “Accelerated process”; 1-4 weeks

Before leaving/Upon arrival
Learn some Spanish and download a translation app to your phone/tablet. Time: ongoing process
Look for a flat. Time: 1-2 weeks
Look for a job. Teaching English is well-paid and plays to your strengths – being a native speaker. Time: 1 week-2 months

Upon arrival
EU spouse
1. Apply for NIE (if you already have a job in place, apply for residency at the same time). Time: 1-7 days   

Non-EU spouse
It may not be possible to apply for your NIE as most offices want to see your residency first

EU spouse
2. Having sorted the NIE and flat, open a bank account. Time: 1 day         

Non-EU spouse
When you have your residency and NIE it will be possible to open an individual or joint account with EU spouse

EU spouse                                        
3. Having sorted the flat and the NIE, get your empadronamiento. Time: 1 day           

Non-EU spouse
You will be able to get yours as well – remember to get a family one as well showing everyone who lives at that address.

EU spouse
4. Register as self employed. Time: 1 day

Non-EU spouse
Once you have residency and NIE you will be able to apply for this as well

Non-EU spouse (with EU spouse present)
5. Apply for residency. Time: 1 day and to receive: 1-3 months

Non-EU spouse
6. When you get residency, apply for NIE, self employment, get a job… have a life!

Is it over? No…

Considerations and ideas for “Centre of Life”:
– For self-employment: keep your papers up to date and keep copies of SS payments and business transactions
– For employed/contracted: keep a copy of your contract and payslips (nominas)
– Get/buy a travel card
– Get a library card
– Take a Spanish course with a certificate
– Join a language exchange and make some friends (they can write you letters for CoL)
– Do some volunteering (they can write you a letter/keep newspaper cuttings/media posts)
– Join the gym and keep the receipt/contract
– With children: keep school reports, class activities, newspaper cuttings etc

 

How to get past the marriage certificate fiasco

Firstly, I know this part of the residency application is confusing so I will try to make it as clear as possible.
To get the Non-EU’s residency one part of the application is showing your valid relationship to them as your spouse. Spain asks for your original marriage certificate to be reissued (i.e. get a new copy) and for it to be apostilled. The time limit they put on it is three months before the date of the residency application. (I will use my case as an example.) This means that if you, the Non-EU, enter Spain on 6th June, your three months in Spain are up 90 days after this on 4th September. If you got your marriage certificate re-issued on 28th May, your three months (taken as 90 days) for the validity of the certificate are up on 26th August. Although you have until 4th September in which to apply for residency, you need to apply, in fact, before 26th August.

Is it legal?
The short answer is no. Under both European and Spanish law this fact is not required according to both the Directive 2004/38/EC and the Real Decreto 204/2007.

We’re in Spain and there isn’t a way for us to go back to the country of our marriage and get a new one. What do we do?
Spain and the British Embassy have a cushy deal going on by offering a service to “validate” your marriage certificate for the Non-EU’s residency application, it’s called a “Recognition of a Foreign Marriage” certificate and costs 254€. This is another document which isn’t outlined in either the Directive or the Real Decreto. So, you can fight/argue/tell them their job because they certainly don’t know how to do it.

What do I need to take to the residency interview?
– The letters I received from the British Embassy and their Spanish translations from my post here
– This letter, filled out with your details in the Spanish version explaining your situation and quoting the relevant laws English for reference and Spanish
– The rest of the residency documents listed here
– A copy of the Real Decreto 240/2007 in Spanish and in English
– A copy of the Directive in both Spanish and your own language: English; French

Ask them to accept your application even if it will be rejected, which it won’t be. It really depends on who you get on the day; whether they know the law or not.
The worst case scenario is making a complaint to SOLVIT and it taking 10 weeks to be resolved. Other people have done it and have been successful, but it all depends on how long you plan on being in Spain and the money you have to tide you over.

How to speak the Lingo

Do I really need to speak Spanish to live in Spain?
The sad point for linguists is that you actually don’t need to speak Spanish to live in Spain. For everyone else, jackpot! If you live on the coast or in touristy cities, you can expect 90% of people to speak English. Most banks, estate agents and comisarías have English-speakers working there and those that don’t know someone else that does.

So, why do I have to learn Spanish then?
Well, even though most people can speak even a little bit of English, it’s always nice to speak to someone in their own language (at least before you start going off into English). You are more likely to be heard by people if you try in Spanish, as in the people who won’t take no for an answer, and you are less likely to be taken for a ride.

How can I learn/improve?

The trick to it really is practising… speak to as many Spanish speaking people as you can, even if it is to practise basic conversation.

Remember, Rome wasn’t built in a day, so don’t expect to become fluent in a week.

Listen to Spanish music on the radio, watch TV in Spanish (most digital TVs can give you English subtitles), or watch TV in English with Spanish subtitles and make a note of key phrases.

Pick up a free newspaper (20 Minutos, for example) and scan the headlines. You can usually understand what’s happening from three key words and the pictures shown.

Remember that the most important thing is understanding the gist. You don’t need to understand every single word to understand what’s going on. Vice versa with speaking Spanish, so what if you pronounce three words catastrophically or conjugate your verb wrong? As long as you are understood, that is the main thing.

Try to find a local exchange (intercambio). Málaga’s group is quite successful.

Your Spanish Adventure: How to Integrate With the Locals

Free online courses: BBC Learn Spanish, 123 Teach Me, Study Spanish, Spanish Pod and Learn Spanish Online.

Useful websites:Destinos, Mi Vida Loca, Basic Spanish, FSI Language Course, Headstart for Spain, Medical Spanish Five Ways to Improve your Spanishand Virtual Library.

Great apps (most are available on both Android and iOS)
Lingorami, Lingo Arcade, ConjuVerb, Mindsnacks, Now You’re Fluent, SayHi Translate, Verb Challenge, Duolingo, 5 Minute Spanish, Coffee Break Spanish, Show Time Spanish, Spanish A+ Podcasts, Insta Spanish lessons, Learn Spanish Survival Guide, Discover Spanish, Spanish Intermediate, One Minute Spanish, Casa Rojas Magazine, Spanish I, Spanish II and Spanish III.

Dictionaries: Wordreference and SpanishDict

Acronym finder: Acronym Finder.com and Spanish Abbreviations

Facebook fans: Word a Day, Bueno, entonces and BBC Learn Spanish, among others.

Useful advice: Brits living in Spain and British Embassy Madrid (centralised).

And for some light relief, here is a funny video about speaking Spanish!

¡Buena suerte!

How to apply for residency in Spain

I will be talking about my experiences using the extranjería in Málaga (which is not located at the Comisaría, for anyone wanting to use the same office).

The first step is to book an appointment as they won’t see you without one when giving in your documents, and even if you’re going for information, if you can go with an appointment you will be seen quicker. Sometimes appointments are available for the next day, but most show the next available date as in a week’s time (depending on your region). Book an appointment here, chose your region and then chose “familiares de residentes comunitarios” and fill out the information. Take a copy of the appointment confirmation with you as well.

The next step is to get your documentation together. I will include all possible documents (as some officials like to see literally everything) and my motto is “you can never have too much”! I took three copies of everything, just in case, but take two to be safe.

1) Completed application form and copy called “EX-19” and fill in the Spanish version, and use your own language to help you fill it in: English, French and German.
2) Passports (originals for both EU and non-EU which you keep). The Non-EU needs a copy of EVERY page of their passport and the EU just the photo page. I photocopied my visa pages when we’d been together as well, but I was told it wasn’t needed (in case they asked about durable relationship yadda yadda)
3) Empadronamiento; original and copy of EU and Non-EU’s individual empadronamientos and also, and more importantly, your house empadronamiento known as an “empadronamiento familiar” or “certificado de convivencia” which shows how many people, and who, live in your house/flat (original and copy)
4) EU’s Residence Certificate with NIE; original and copy (original isn’t taken, they only look at it)
5) Marriage certificate; original and copy, and translation in Spanish; original and copy. Both the original and translation need to be at least apostilled and the translation has to be a sworn one “jurada”. Ours had stamps from: Notarised/legalised from town hall where we got married, Spanish Embassy (in Algeria) and the Ministry of Foreign Affairs (Algeria). Your original is taken away and I was told we would get it back, but we gave in a copy of it as well just in case. Spain “requires” the certificate and translation to have been issued no more than three months prior to applying for residency. This isn’t in accordance with the law, but you might have a fight on your hands with SOLVIT if you want to contest it. Luckily ours still had one month left on it when we applied.
6) Housing contract; original and copy. Ideally you would have the Non-EU’s name on it, but it’s not essential. Ours wasn’t taken as your empadronamiento and NIE prove your address, but it’s good to have it
7) EU’s Social Security certificate; for self employed it’s called a “certificado de alta” and for employed it’s called an “informe laboral” which can be obtained online here. If in doubt, go to your local Social Security office and ask. I took along a copy of my work contracts and first payslips (nóminas) and a letter from my employer, but they didn’t take them. You need to be “en alta” (registered and paying Social Security) throughout the process until the Non-EU gets the Residence Card
8) If you have been lucky enough to get the Non-EU’s NIE then take along the original and copy of that as well, if not, it’s not essential (most Comisarías won’t give it out until you have residency)
9) Some offices require a payment before handing in the documents, so check at your local office before applying. I winged it and went in crossing everything as we’d have to go back again if not, but they said we would pay when we have a letter inviting my husband (Non-EU) to have his fingerprints taken (and give passport photos) when the card itself is issued

Extra documents to help your case:
1) Spain likes to ask for an extra document which you obtain from the British Embassy called a “Recognition of a Foreign Marriage” certificate, which again is NOT in accordance with European or even the Spanish transposition of the law. On top of that, it costs 254€! Take a copy of the Real Decreto in Spanish and in English and highlight the appropriate article so that you can easily point it out should it become an issue. Take along a letter I wrote outlining the various Spanish and European laws here as well.
2) It goes without saying, but take along a copy of the Directive in both Spanish and your own language: English; French

How to satisfy the Spanish Embassy (Schengen Visa)

Surinder Singh Files
Surinder Singh for Newbies

Schengen Visa Files
Schengen Visa Handbook (English) and Schengen Border Codes (English)

Rights of Non-EEA Family Member: English

The Directive in different languages 
English; Spanish; French
You can look at the relevant parts in English and then search the Article number in the other language to present with your application or for arrival at the airport.

Relevant parts of the Directive (to save on printing): English

Guide to Free Movement
English; Spanish; French

Guidance Notes
English; French

Real Decreto/Royal Decree for Spain 240/2007
English and Spanish

What do I need?
Requirements for a visa
Officially, the documents to include (2 copies of each) are:

• Schengen application form, dated and signed (don’t fill in the * questions) English, Spanish and French
• Non-EU’s original passport, copy of each page and an extra copy of the photo page. If you can get them legalised then that’s a bonus.
• Copy of spouse’s passport (photo page) and also any pages with visas or stamps when you’ve been together. Again, if you can get them legalised it’s a bonus.
• 2 photographs of the non-EU (white background). More info here
• Cover letter from Non-EU. Example of ours in English and Spanish
• Cover letter from EU spouse. Example of ours in English and Spanish
• Original marriage certificate, or newly issued copy; legalised and stamped
• Official Spanish translation of marriage certificate, stamped by the Spanish Embassy

Extra things that Spain likes to see:

• Itinerary – state the flights your spouse intends to get and include some vague plans for specific weekends. Example of ours in Spanish
• Hotel reservation – I use Hotels.com as you can reserve and cancel for free and once you’ve booked, if you sign into their Spanish version of the site, you can download the reservation in Spanish without having to translate it yourself
• If your marriage took place outside of the UK, you will need a letter from the British Embassy stating that registration of a foreign marriage isn’t possible in the UK. More info here
• Travel insurance for non-EU: we gave in a copy showing one month, after their arrival they have the same rights to healthcare in Spain as you do

I live in Spain already so I also included:

• N.I.E. More info here
• Empadronamiento and extra sheet stating the date when I enrolled. More info here
• Social Security number. More info here

Be prepared for them not to know, or at least appear to know, what the Directive is, or you or your spouse’s European rights. You might have to make a complaint to SOLVIT or get help from Your Europe Advice on the matter. Stand your ground, know your rights, and don’t take no for an answer.

As a little aside to keep in mind, when the Non-EU spose applies for residency Spain asks for the marriage certificate and Spanish translation to have been issued within the last three months before applying. So if you arrive in Spain in June and apply for residency on 1st July, the latest date it could have been issued (to be accepted) is 1st April, three months previous. It’s a special requirement that only Spain enforces, and some people have been issued residency with an older copy or even their original copy, but you have to weigh up the time constraints and whether getting a new copy would be too much hassle or not. You would have to complain to SOLVIT and after that Spain should issue it, but again, it all depends on your time constraints. We haven’t taken the risk and got a new certificate and translation issued and stamped by the local Wilaya (married in Algeria), the Ministry of Foreign Affairs and the Spanish Embassy. After that, you should be good to go residency-wise.

How to get the marriage registration letter from the FCO/British Embassy for EEA Visa

What is it and why do I need it?
That is a good question. Basically, the UK doesn’t register marriages that took place abroad in the General Registry, so your marriage exists, and is recognised by the UK, but your details are not stored in a database. This gets the Spanish Embassy’s knickers in a twist because they want proof of the marriage being registered in the country of the EU citizen.
This DOESN’T exist. There is no way to register a foreign marriage in the UK. Even if you deposit your marriage certificate with the FCO (Foreign and Commonwealth Office), this is NOT a registration of your marriage. It just means that if you need a copy of your marriage certificate, you can buy one from them. This service also stopped on 1st January 2014.
The UK recognises any marriage which took place legally under the local law of that country.

How do I get one?
I currently live in Spain, and my first port of call was the British Embassy in Madrid, naturally. They told me it wasn’t possible to email or issue a letter of this kind. I then rang the British Embassy in London. They told me the same thing. I then rang the British Embassy in Algiers. They said the same thing. After spending 50€ in calls, I was told that a letter like this wasn’t possible. I was told by the Embassy in Madrid that I had to apply for a “recognition of a foreign marriage” certificate, to the tune of 254€…! BUT, this document is “required” when you apply for residency in Spain and BOTH of you have to present yourself at the Embassy/Consulate to make a declaration and show your original passports. So, it was a catch 22; he couldn’t come to Spain without this document, yet he couldn’t apply for the document without being in Spain. I was desperate to say the least.

I complained to SOLVIT and asked Your Europe Advice what to do. I am still waiting on SOLVIT’s reply (up to 10 weeks). So, I complained to the British Embassy in London under the Freedom of Information Act. I got a reply stating that I had emailed the wrong department. I then sent a message saying that as a British National it is my RIGHT to have this letter and that them not issuing it was in breach of my rights. They then forwarded this to a really nice guy called Terry at the FCO who emailed me two letters and said he would get in touch with the Embassy in Algiers about them issuing a letter. At this point the Embassy in Madrid had got back to me and told me my husband could go to Algiers to get the letter stamped in a few days’ time. Hurray!!

So, going back to the question, the answer is complain and send lots of emails. You’re looking for the Notarial Services department of the British Embassy, wherever you are. If that doesn’t work, do what I did and email them stating the Freedom of Information Act.

What does it look like?
The official wording is as follows:
Marriage in the UK is governed by separate and different legislation in England and Wales, Scotland and Northern Ireland. None of the Register Offices in England and Wales, Scotland and Northern Ireland issue certificates of marital status. Marriage of British nationals abroad is governed by “the Marriage with Foreigners Act 1906 (as amended), and from 3 June 2014 by “the Consular Marriages and Marriages under Foreign Law Order 2014”.
Only a UK court of law can determine whether a particular marriage is valid under UK law. It is not possible to register in the UK a marriage celebrated in a foreign country. Generally speaking however, if a ceremony is considered valid in the country where the ceremony was performed; both parties to the marriage had the capacity to marry under the law of the country of domicile; and both parties of the marriage consented to marry the other, then the marriage is likely to be recognised in the UK.

The Spanish translation of this is:
Los matrimonios se rigen en el Reino Unido por una legislación distinta y separada en Inglaterra y Gales, Escocia e Irlanda del Norte. Ninguna de las oficinas del Registro Civil en Inglaterra y Gales, Escocia e Irlanda del Norte expide certificados del estado civil. El matrimonio de ciudadanos británicos en el extranjero se rige por “la ley del matrónimo con extranjeros de 1906 (enmendada)”, y a partir del 3 de junio de 2014 por “la ley de matrimonios consulados y matrimonios bajo la ley extranjera de 2014”.
Solo un juzgado del Reino Unido puede determinar si un matrimonio particular es válido bajo la ley del Reino Unido. No es posible registrar un matrimonio en el Reino Unido que haya tenido lugar en un país extranjero. Sin embargo, hablando en términos generales, si un matrimonio se considera válido en el país en el cual tuvo lugar; las dos partes del matrimonio han tenido la capacidad de casarse bajo la ley del país de domicilio; y las dos partes del matrimonio consintieron en casarse con la otra parte, es probable que se reconociera el matrimonio en el Reino Unido.

As long as those words are on the letter somewhere, you will be fine and the Spanish Embassy SHOULD accept it.
Standard letter: English and Spanish.

Terry from the FCO also addressed a letter to me: English and Spanish.
And he sent me the letter issued to people who had deposited a marriage certificate after the closure of the service: English and Spanish.

I found a letter from the Honorary Consulate on one of the Facebook groups as well: English and Spanish.

The letter the British Embassy in Algiers issued me is as follows (different wording and official stamp): English and Spanish.

How much does this letter cost?
The letter issued by the Consulate in Algiers was free, although when booking an appointment through their Clickbook Register, the service does say it will cost money. So I would say take money with you, but argue that it should be free.

Anything else?
You are more than welcome to use my documents and translations, but be aware that an original letter, legalised with the stamp, will be needed to be accepted by the Spanish Embassy. If the British Embassy/Consulate don’t know what letter you mean, then please send them one of mine.
The Spanish translations are not official but are accurate and correct, so the Spanish Embassy will have no problem in reading them to understand the English documents.

Useful contacts
Legalisation and apostille service: Foreign & Commonwealth Office, PO Box 6255, Milton Keynes MK10 1XX.
Email: legalisationenquiries@fco.gov.uk
Enquiries: 03700 00 22 44 between 12:00 to 16:00 Monday to Friday.
(If you need to use British documents for business or personal matters abroad.)

Freedom of Information requests: FOI and DPA Team, Information Management Department, Foreign and Commonwealth Office, Room K4.10 – K4.13, King Charles Street, London SW1A 2AH
Email: foi-dpa.imd@fco.gov.uk
FOI/DPA enquiries: 020 7008 0123

British Embassy in Madrid

How to open a bank account in Spain

What types of account are there?
There are two main types that interest us: Resident and non-resident. Then there are the usual current (cuenta corriente) or savings account (cuenta de ahorros). Whether you are given a resident or non-resident bank account will determine how much tax you pay on your account. Capital gains tax will be taken if you open an account as a non-resident of Spain. The current account is used for your direct debits (domiciliaciones bancarias).

People working in Spain can apply for the payslip account (cuenta nómina) so your employer can pay your salary via the account. Those accounts would be less restrictive in terms of withdrawals and would offer savings in credit card costs and transactions.

What documents do I need to open an account?
If you are opening a non-resident account, you need:

• To show that you are a non-resident. To obtain this, go to the main police office and ask for a certificate of non-residency. This procedure has to be done in person as there is no pre-filled form or online procedure. After 10 days, go to the police station to collect the signed certificate. 
  Every two years, the bank has the duty to re-confirm non-residency status. This means a similar form will be required every two years and you will need to obtain a new certificate from the police or give permission for the bank to carry out action on your behalf.
• Passport and a copy

If you want to open a resident account, you have to prove that you are a resident so you will need:

• Original passport and a copy
• N.I.E. and a copy; and/or certificate of residence and a copy
• Proof of occupation/employment status: employment contract/payslip, letter from accountant/lawyer, pension or disability payment confirmation, student card
• Proof of address in Spain: rental agreement, utility bills (issued within the last three months)

Accounts should be opened there and then and there is no minimum deposit/first payment required to open an account.

What types of banks are there?
Banks are separated into bancos and cajas. Cajas are regional banks which are linked to other regional cajas. Spain has about 50 bancos and 120 cajas. Cajas are state-owned and bancos and privately owned.

The advantages of a caja is that there will be more branches available where you live than there are bancos. They are also generally more geared towards the people and have a more “village/town” feel, i.e. more friendly and treat you like a human rather than a number.

The top 4 bancos for the last fiscal year are: Santander, BBVA, Banesto and Banco popular.
The top 2 cajas for the last fisical year are: Caixa Catalunya and Caja Madrid.

What things should I take into consideration?
Money in Spain isn’t centralised, so you will be charged commission for taking out your money in another bank, or a lower commission if you take the money out of a different bank within the same group, i.e. EURO 6000 or 4B (Telebanco).

Some banks are still using Maestro cards and don’t issue Visas, so it might make online banking difficult if Maestros aren’t accepted. Although, Visas are still the most popular type of card issued in Spain.

You can take out 500-600€/day from the cash machine in most banks. This might seem like an advantage, or it might not.

Cheque books are no longer issued automatically in most banks, and you will need to ask for one if you need one. Most businesses don’t accept cheques for fear of them bouncing, and some small shops still don ‘t have PIN machines, so carry some cash on you at all times.

If you are paid with a cheque, make sure that the following information is included:

• The amount, following Spanish numbering conventions (the . and , are in the opposite places compared to the UK standard). The # character may be used before and after the amount to prevent it from being altered (it’s not obligatory)
• Cross the cheque. Note: by default, most Spanish cheques are not crossed when they are printed, meaning they can be exchanged for cash by the holder of the cheque. This means that if the cheque is lost, it can be cashed by anyone that finds it. For security, cross the cheque with two lines
• The date the cheque was issued or can be cashed
• Their signature (note that their name isn’t printed below as on a Uk cheque)
• You will also need to sign the back of the cheque yourself and write your passport number. This is to verify that the cheque is for your account when you come to pay it in (ingresar).

You might have a Santander account in the UK, but that doesn’t mean you can transfer or use money from that account in Spain for free. Santander in the UK is ringfenced, meaning that if anything goes wrong in Spain, your money in the UK is protected. If you wanted to have the same bank in both countries, you would still have to pay commission to transfer money like with any other bank. HSBC is the only bank to really link accounts between countries without paying extra charges.

So, which bank should I choose?
Check out this list of banks by region. If you think you won’t be leaving your region a lot, then I would choose a caja instead of a banco, just to avoid paying commission for drawing out money.

Most of the bancos and some of the cajas will have English speaking staff.

How much does it cost to open an account?
I know what you’re thinking… you have to pay to open an account? Spain’s banking system is a far cry from the UK. A typical Spanish account (providing it’s not for a student or similar promotion) will charge you for: maintenance of the account, maintenance of your card, if your balance falls below a certain point, and in some cases, for card transaction over a certain quantity.

Opening an account can be expensive. When I opened mine two years ago I didn’t pay as I was under 26 and it was free, but now I’m incurring “adult” charges. Santander, at the time, were charging 30€ for opening a student account, so I went with Unicaja as I didn’t have to pay charges for the first two years. It’s worth checking out the fine print before signing up to an account. It also might be worth paying to open an account if that bank is the closest to you, or has lots of branches where you live instead of opening a free account only to have hassle trying to find a branch.

When do banks open?
Traditional bank opening hours have always been:
Monday-Friday: 9am-2pm
Saturday: 9am-1pm

However, you’d be hard-pushed to find a bank open on Saturday morning since the crisis has kicked in. You might find that some banks open for an hour or two after the siesta to allow working people to do their banking, but it really depends on the bank you choose.

Almost all banks offer online banking without you having to request for it and you will be given a password.

What do I need to make an international transfer? 
Essentially, an IBAN (International Bank Account Number) Numbering Standard.
The bank account number will also “convert” to the IBAN standard. IBAN is the globally recognised standard adopted by almost all financial institutions in the world. The number format is as follows (example):

• ES66 – 1234 – 0123 – 1201 – 2345 – 6789

The first two digits of the IBAN correspond to the country where the account is held: ES = Spain. The next two digits are calculated internally, based on a pre-determined formula and using the digits that actually comprise the account number. The remaining digits are the bank account number details, separated into “blocks” of four.
This information is usually printed on bank statements. If not, these details are available from the branch, Internet or telephone. Check this list for more information.

Useful phone numbers
For lost or stolen cards: A lost or stolen cash card must be reported to the bank as soon as possible, or phone the appropriate number:
Red 6000 – Tel: 915 965 335
Servired – Tel: 902 192 100 or 915 192 100
Telebanco 4B – Tel: 902 144 400 or 913 192 100

Credit cards:
American Express – 915 720 303 or 902 375 637
Mastercard – 900 971 231
Diners Club – 915 474 000 or 917 015 900
Visa – 900 991 124