Spain Implementation of Residency Directive

Spain transposed the Residency Directive 2004/38/EC by Royal Decree 240/2007. This came into force in Spain on 28/3/2007, giving the right to work, live, study and not be discriminated against. It relates to the Ley Orgánica 4/2000 which also confirms the rights and liberties of foreign nationals in Spain.

Under article 16, Permanent Residence is automatic after 5 years, unless in exceptional circumstances, for EU nationals and citizenship can be applied for after 10 years´residence, subject to a language test and examination about Spanish culture.

A 2015 Amendment to the Royal Decree introduces the concept of "extended family" and now spouses, partners (Spain introduced same-sex marriage in 2005, so the sex of partner is not significant in this context. Partners in a "stable relationship of affection" are also included), direct descendants of either partner, dependent ancestors, cohabitants in the previous country and family members needing care from the resident are entitled to join them, if there is no impediment. This must be serious, such as risk to national security.

sources: 1   Freedom of Movement in the EU for EU Citizens and their non-EU family members (EU Publication)

2  Doing Business in Spain 2016. Website of Sagardoy Abogados. (This is aimed at US businesses investing in Spain but has also information regarding EU posted workers and longer term employees and other useful advice.

Elisabeth Bird 26/03/2017