UPDATES

Residencias

Subsequent to my previous article on the new Residencia regulations, further information has now trickled down to me regarding the papers required for making an application.  These have been modified, and in future the only documentation necessary to lodge a Residencia request is as follows:

1.The new style Solicitud de Residencia application form + three photocopies

2.Original passport + one photocopy

3.Two passport photos with your name clearly written on the reverse

It is therefore no longer necessary to produce either the bank certificate or confirmation of health cover.

However, if you have requested and received an E121/E106, this form must still be presented in duplicate to the Social Security office in order to register on the system, together with a stamped copy of  your Residencia application.

Residencia applications should be lodged at Denia Comiseria, who forward all documentation to the Alicante Comiseria for processing.  Residencias are still taking just under a year to be completed, and Alicante will notify you by post to advise when you should attend Alicante for fingerprinting and signing the document.  You will be able to collect the Residencia a month thereafter, probably from Denia Comiseria.  I say probably because the collection point keeps changing, so make sure you carefully check with Alicante where you need to go to pick up the card.  

E121/106 Forms

Many people believe that they are automatically entitled to an E121 form when they reach retirement, or a temporary E106 form if they are pre-retirement age and coming to live in Spain on either a private income, taking early retirement, or looking for work.  However, these forms are not issued to applicants who have not paid into the system for the requisite number of years.  For example, if a husband is 62 years old, and his wife 65, she is not entitled to an E121 if she has been out of the workplace until her husband reaches pensionable age, i.e. 65.  Similarly, if an individual has not paid into the UK system in the last three years prior to applying, they will not be entitled to receive an E106.

If having state health cover here will be significant to you, it is always best to check first before you make any firm plans to live here.  The office who deals with such enquiries are the DHS Overseas Benefits Department, Medical Benefits Centre, Room TC001, Tyneview Park, Newcastle upon Tyne, England NE98 1BA.  Telephone: 00 44 191 218 7547.


Car Documentation

Is it legal to carry certified copies of vehicle documentation when using said vehicle? This is an interesting question, as when I telephone the three different police forces here (Policia Nacional, Policia Local and Guardia Civil), each one gave me a different answer!  Finally, the Policia Local - who are the UK equivalent of the Transport Police - referred me to the Trafico Office in Alicante, who deal with all road vehicle matters.

The official answer is: the only legal alternative to carrying original car documents is to have copies inspected and stamped by the Trafico Office.  This means that copies stamped by the Guardia Civil or certified by the Notary Office are not acceptable.

A final thought on this subject - it was the Policia Local who told me that only the original  documents should be carried whilst using a vehicle, and when I asked about Trafico stamped copies, referred me to Trafico to check.  So if you are planning to use documentation stamped by Trafico, and are not conversant in Spanish, it may be worth having something with the papers to explain that this alternative is in accordance with Trafico law.


Short Term Lettings

I have recently learned that the Spanish Courts are increasingly judging in favour of tenants that claim long term rental rights to properties where they have a short term letting contract.  In the past, it has been accepted that to avoid such problems, any initial and subsequent letting contracts should be for a term of 11 months or less.  However, indications are that any letting contract over 5 months in duration may legally be judged a long term contract.  Furthermore, if consequent contracts are issued to the same tenant, the Courts can decide that this constitutes one long contract and, again, affords the tenant rights to stay in the property for up to five years.  Of course, many people rent their properties here on a long term basis with no problems at all, but if you are unlucky and need to go to Court, there is no guarantee which side the judiciary will favour.  In any event, it may be advisable to seek professional advice prior to entering into any contractural obligation.