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Practical guide for foreign researchers in Spain 2006

2. Entry and residence criteria for EU citizens

On 1st January 1986, Spain became a member of the European Union and a signatory to the Schengen Agreement. This implies that all nationals of all the Member States of the European Economic Area (EEA) – the European Union together with Iceland, Liechtenstein and Norway – as well as the citizens of Switzerland, are allowed to freely enter, leave, move around and stay in Spain. They also have the right to exercise labour, professional or lucrative activities on a salaried or self-employed basis, and to provide and receive services.

To enter Spain, EU citizens only need a valid passport or identity document that states the holder’s nationality. Wage earners, self-employed workers and students are entitled to reside in Spain without a residence permit. However, a residence permit might be useful for other reasons (all types of administrative issues such as opening a bank account, signing a rental contract, etc…) and can therefore be freely applied for.

Royal Decree 178/2003, of 14th February, establishes the administrative procedures regarding the entry and residence of nationals of EU Member States and other EEA countries in Spain.

2.1. New EU Member States

For the citizens from eight of the ten new Member States that joined the European Union in May 2004 (Slovakia, Slovenia, Estonia, Hungary, Latvia, Poland, Lithuania and the Czech Republic), there will be a two-year transition period for the free movement of workers, during which Spanish national legislation is applied. These restrictions, however, do not apply to citizens from Cyprus and Malta, which also joined the EU in May 2004, as both countries were considered full members from the moment they were admitted.

2.2 Family members

Family members of EU researchers, regardless of their nationality, have the right to reside in Spain. If they are nationals of an EU or EEA Member State or Switzerland, they are entitled to enter Spain freely upon production of a valid passport or identity card, and reside in the country without a residence permit. If this is not the case, they must, in addition to a valid passport, also obtain the corresponding visa and apply for an EU Residence Permit for Family Members, which will be valid for the same period as that covered by the residence permit of the EU national on whom they are dependent.

2.3 Employment

EU citizens who wish to engage in economic activities in Spain, will be subject to the same laws and regulations as Spanish nationals. The EU citizen’s spouse, children and spouse’s children have the right, if they so desire, to engage into any form of economic activity under the same conditions as Spanish nationals, without the need to obtain a work permit. They will only need a valid EU Residence Permit (for Family Members).

2.4 Access to Civil Service

All EU citizens have equal access to employment in the Civil Service, on the same basis and under the same conditions as Spanish nationals, except for those positions that deal directly with the protection of the interests of the State. Royal Decree 534/2001, of 18th May, describes the State offices and positions that are not available to non-nationals.

2.5 More information

EURES Network
The Public Employment Services of the EEA have established a cooperation network to facilitate the free movement of workers, creating a Network of European Employment Services (EURES), which offers a range of services and support to facilitate the job search, mobility and placement of workers. http://europa.eu.int/eures/index.jsp

Before travelling to Spain, please visit the following web pages for further information:

For more information, you can contact the Spanish Consulate in your country of residence. You can contact the Ministry of Internal Affairs at their toll-free number: 900 15 00 00. When calling from abroad, please dial: +34 91 537 24 23. The Web page of the Secretary of State for Immigration and Emigration includes a list of the Foreigners Offices in the different Spanish provinces:
http://extranjeros.mtas.es/es/general/OficinasExtranjeros.html.

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