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-Home | Practical guide for foreign researchers in Spain 2008

Practical guide for foreign researchers in Spain 2008

2. Entry and residence conditions for citizens with Community status

Spain is a member of the European Union (EU) since 1 January 1986 and a signatory of the Schengen Agreement. This means that citizens of European Economic Area (EEA) member states (that is, all citizens of the EU member states plus Iceland, Liechtenstein, Norway and the Swiss Confederation) are granted Community status and may freely enter, exit, reside and travel in Spain. They also have the right to perform any labor, professional or lucrative activity, whether self-employed or employed by others, and to provide or receive services

To enter Spain, citizens with Community status require only their passport or a valid identification document that indicates their nationality. Both workers (self-employed or employed by others) and students may reside in Spain without a residence permit. However, a residence card or certificate may be issued upon request, which is very useful in administrative formalities (rental contracts, opening a bank account, etc.)

Royal Decree 240/2007, dated 16 February, regulates the administrative formalities for entry, unrestricted travel and residence in Spain for citizens of the European Union member states and other EEA countries (published in the Official Spanish Gazette (BOE) on 28 February 2007).

2.1. Community status

Community status applies to:

  1. Citizens of the current 27 European Union Member States.
  2. Citizens of the States belonging to the European Economic Area, which, in addition to the EU, are Norway, Iceland and Liechtenstein.
  3. Citizens of Switzerland.
  4. Citizens of any other State who are family members of citizens from the States indicated in the three items above.

However:

  1. Romanian and Bulgarian citizens are required, temporarily, to obtain a work permit to work in Spain employed by others. For the citizens of the remaining 25 Member States, Community law applies in its entirety.
  2. Article 2 of the Royal Decree cited above indicates which Community family members, citizens of other States, and under what conditions the Community status applies.
  3. Members of Spanish families who are citizens of States that are not members of the EU, EEA or Switzerland, have a special status for family regrouping, as indicated in the second to last paragraph of the preamble or statement of purpose of said Royal Decree, with the rest of the Royal Decree applying to them as set forth in article 2.

2.2. Work

To conduct economic activities, Community status citizens are subject to the applicable regulations in this matter under the same conditions as Spaniards. Their spouse, their own descendents and those of their spouse have the right, if so requested, to conduct any economic activity under the same conditions as Spaniards, without requiring separate authorization to work. A residence card (as a Community resident family member) is sufficient for this.

2.3. Access to the Public Administration

Community citizens have the right to access Public Administration jobs under the same conditions as Spaniards, unless it involves direct participation in exercising public office and in jobs whose mission it is to protect the interests of the State or the public administrations. Royal Decree 534/2001, dated 18 May, includes the list of professions and grades for which citizens of other States are ineligible.

2.4. More information

EURES network

The EEA Public Employment Services have established a cooperation network to facilitate the free movement of workers. The European Employment Services (EURES) network was created for this purpose, offering a variety of services and support to facilitate job searches, mobility and job placement. http://europa.eu.int/eures.

Before traveling to Spain, you can obtain additional information on the following websites:

For more specific information, call the Spanish consulate in your country of origin. From Spain, the toll-free number for the Ministry of the Interior for specific questions is 900 15 00 00.

If you are calling from abroad, the number is +34 91 537 24 23. The Secretariat of State for Immigration and Emigration website has a list of foreigners' offices in each Spanish province: http://extranjeros.mtin.es/es/general/OficinasExtranjeros.html