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