Law 17/2006 of 30 November, qualified passive residences since the General Council at its session of November 30, 2006 has approved the following: law 17/2006 of 30 November, qualified passive residences preamble Already in 1996 was seen as a need for the modification of the existing regulation up to that point relative to permits to reside passively in the Principality of Andorra. For this reason, the 28 of November of this year, approved the law amending the law of passive residences. The preamble of the Act placed that its purpose was to avoid any arbitrariness and at the same time narrow the number of residents of this condition within some limits appropriate to the socio-economic potential of the country, directing themselves towards a consolidation of the social fabric and an effective integration of this group.

However, once it has entered into force the law of immigration, of 14 May 2002, it was considered advisable to modify in some respects the current regulations in order to harmonize the regulation of this particular type of immigration, that refers to people who do not want to enter in the labour market but reside in the Principality is not active, with the general on immigration Moreover, that is applied in everything that is not foreseen in the rules regarding the situations of passive residence. On the other hand, in the application of the law amending the law of passive residences of 1996, had emerged certain difficulties that made it equally necessary to modify some specific points in order to achieve its full effectiveness.

Given these considerations, this law aims to give equal treatment to all types of immigration that can reach Andorra, taking into account the distinct characteristics of each situation, in order to ensure that the protection that must be given to these people who do not want to enter in the labour market but reside in the Principality is not contradictory with the economic and social possibilities of reception of foreigners who are discharged in Andorra in each specific moment.

Chapter first. General provisions Article 1 scope of application of the law this law regulates the entry and stay in the Principality of Andorra of the people who are not of Andorran nationality and who wish to reside there passively more than ninety days.

Subsidiary rules article 2 law of immigration, of 14 May 2002, and subsequent modifications are applicable in the area of passive residences in everything that is not foreseen in this law.

Article 3 the concept of passive passive resident is considered to be resident for the purposes of this law the individual who does not enjoy the Andorran nationality and establishes his principal residence and effective in the Principality of Andorra for at least 183 days per calendar year without exercising any occupational or professional activity.

Article 4 Competences of the Government the Government, through the Ministry responsible for internal affairs, determines in accordance with economic and social possibilities of the country the guidelines to be followed in the area of immigration in relation to those people who wish to reside passively in the Principality. The Government structure, organizes, supervises, coordinates and attributes powers to administrative services in order to ensure the proper management of this law.

Article 5 Executive Competence 1. It is the competence of the Minister in charge of the Interior, or the person expressly delegated for that purpose by the Government, the granting or refusal, the acceptance or the refusal of renewal, the acceptance or the refusal of regularization and the cancellation of permits for passive residence.

2. The Immigration Service processing the files of initial demand of renewal and of obtaining permits for passive residence. At the same time, instructs the records of proposal of refusal to grant, of refusal of renewal, of refusal to regularise and cancellation of permits for passive residence.

Article 6 the registry is created in the Central Register of immigration a section intended to centralize all records and data relating to the immigration status of residents in the Principality of Andorra and passive people in charge who have accessed this condition, in accordance with the rules of the immigration law and its regulations. The situation of resident liabilities is credited for the information that is made in the registry in the cited that can access any person with a legitimate interest.

Second chapter. Passive residence authorisations Article 7 Quota of authorisations 1. The number of permits for passive residences that can be granted in a certain time will be fixed periodically in accordance with the economic and social circumstances of the Principality of Andorra. The determination of the maximum number of authorizations will be made through the same regulatory rule that note the contributions of immigration permits or in another of the same hierarchy.

2. passive residence permits are granted following a strict chronological priority order, in accordance with the date of entry of the applications, but giving priority to nationals of the two neighboring States, other States members of the European Union and the European economic area, and taking into account the principle of reciprocity.

Article 8 for the purpose of Calculating the fee All permits for passive residence will be calculated for the purposes of the agreed quota, with the exception of those relating to people who access the passive status in accordance with the provisions of article thirteen, fifteen and sixteen. Nor does it count the people who are in one of the situations in article twelve.

Article 9 General requirements for the concession to get the residence permit the applicant passive, as a main headline and initial, should meet the following requirements: a) Be in possession of a passport or a travel document recognized internationally, validly issued in your state of origin or of provenance or by an international organization enabled to this effect in international law , proving their identity and nationality and that it is in force. In the event that it is a national of a Member State of the European Union or of the European economic area will be sufficient to possess a valid national identity document.

b) Prove to have no criminal record for offences fraudulent behaviour, nor in the Principality


in Andorra, or in the countries of previous residence, or represent a risk to the security of the State, of persons or goods, or to public order.

c) does not represent a serious risk to public health, in accordance with the provisions of the Government relating to the conditions and diseases that represent a risk to public health, in accordance with the recommendations and guidelines of the World Health Organization and in accordance with the provisions in the health care legislation and was declared fit to reside in the Principality for the immigration Medical Service in accordance with the criteria determined by the regulations for this type of authorization in accordance with the provisions in his case, to the health care legislation and the recommendations and guidelines of the World Health Organization.

Article 10 specific requirements for passive residence the applicant, as a starter, main and initial must also meet the following requirements: a) Being of legal age or lower emancipat, and not be inability to judicial resolution.

b) demonstrate that you have sufficient financial means, in accordance with the requirements established by the regulations, which allow the applicant and to the person in charge, or by their spouse or partner stable, reside in the Principality of Andorra without exercising any occupational or professional activity for employed or self-employed for all the time of validity of the residence passive.

c) to justify and keep in force for Andorra and insurance coverage for illness, disability and old age for the applicant and for the persons in charge or by their spouse or partner stable for all the time of validity of the residence passive.

d) Demonstrate documented that it is the owner or tenant of a dwelling that meets the minimum conditions of occupancy required by the regulations, or that has initiated the process to purchase a home in the Principality under the same conditions, which must be concluded within a period of one year from the filing of the application for residence. In the event that there is a relationship of parenting in a straight line or collateral to the third degree inclusive, between the applicant and a resident liabilities also principal, is enough to prove that it has the right to reside in the same dwelling of the latter, provided that the conditions of the housing permits in accordance with the legislation in force.

e) the signature of the applicant and of the people in the name of those who apply for residence permit passive, a commitment to fix your primary residence and effective in the Principality of Andorra and to keep in force the insurance contract mentioned in paragraph c).

Article 11 guarantee deposit The main holder of a passive residence has made and deposited at the Institut Nacional Andorrà de Finances the amount of thirty thousand euros (€ 30,000), unpaid, updated from the entry into force of this law in accordance with the established by the annual budget Law. In addition, the holder also has placed seven thousand euros (7,000 euros), updated in accordance with the same criteria and not paid, for each of the people in charge who acquire the status of resident liabilities in accordance with articles 13 and 14.

In case of causing low, be cancelled or not renewed the authorisation of residence, will return the deposit, with the reservation of the deductions that can be produced by non-compliance with the obligations in the face of the administration.

Article 12 persons exempt for the purposes of this law are not considered passive residents and, therefore, are exempt from the conditions necessary to access this condition the following individuals: a) the person who established their residence in the Principality of Andorra for family regrouping, as a person in charge of the holder of a residence permit and work or of a person of Andorran nationality.

b) The holder of a residence permit and work that is retiring, your spouse or partner is stable and the people in charge.

c) the person who request and obtain an authorization of immigration to study or further study or perform research work or unpaid employment training, in any public or private centre of Andorra, as long as it complies with the requirements required by the law of immigration.

d) the person who resides temporarily in Andorra to continue medical treatment, as long as they can prove this fact and limit their stay at the duration of the treatment.

Third chapter. Authorisation of residence of persons by Article 13 resident status by 1. Can access the legal status of resident liabilities, as well as the person who request for herself as a main and initial holder and under the same conditions and terms that this: a) the resident's consort, as long as they are not legally separated or in fact at the time of applying for resident status , without being able to group more than one spouse, although the law allows foreign staff this type of marriage.

b) the person who has made a stable Union of a couple with the resident, provided that it has been constituted in accordance with the requirements established by the law that regulates and that is not terminated for any of the causes provided for by law.

c) The parents of the resident or his spouse or stable partner as long as they are in charge.

d) children under the age of not emancipated resident's liabilities and those of their spouse or partner in the same conditions. In the case of adopted children will be required to certify that the Constitution of the adoption has been made in accordance with the requirements necessary to be recognized in the Principality of Andorra.

e) the children of legal age with disabilities in accordance with the prescriptions of their personal law, of which the resident or his or her spouse or partner is stable legal representative, or that are considered disabled in accordance with the provisions of the law on guarantees of the rights of persons with disabilities, of 17 October 2002, and are in charge of the resident liabilities or of their spouse or partner stable , or who are legally entitled to receive food from any of them according to their personal law.

f) the children of legal age, but under 25 years of age, of the resident or his spouse or stable partner whose main activity or only study or further study.

g) Are other descendants of the resident liabilities or of their spouse or partner stable, in the same conditions as children, when they are in charge of any of them.


h) Are legally protected or who are under the protection of a resident liabilities, of your spouse or partner in the framework of an institution similar to that recognized in the law and not contrary to Andorran national public order.

2. For the purposes of the present Law is understood as person in charge that it depends on financially or personally passive residence of the applicant or of the resident liabilities, in accordance with their personal law.

Article 14 concession to rally 1. The people mentioned in the previous article can access the status of passive resident at the time that the main request the residence or, later, for family regrouping, as long as the owner of the residence can prove that it has sufficient resources to take care of these people and has an accommodation with the legal conditions of habitability are not enough, and that the person who wishes to acquire resident status does not represent a risk to the security of the State , people, property or the public order, has an insurance policy that covered in a sufficient and valid by the Principality of Andorra any kind of medical or health-related spending, and does not constitute a risk to public health. The compliance with this last requirement is credited by means of a medical certificate issued by the forensic medicine service, in the case of minors up to 14 years, or by the fact of having been declared unfit to reside by the medical service of immigration, in the case of older age.

2. For the purposes of application of the article above the stable partnerships will equate to marriage, with the following salvetats: a) the person who has given you the right to family regrouping their partner cannot give the right to family regrouping for a new partner until at least five years have passed since the last entry in the register of stable partnerships.

b) if terminated the stable Union of a partner of a person who has obtained an authorization as part of the passive immigration family regrouping, the eventual new stable Union of a couple of this person cannot give rise to family regrouping of the new partner until they have spent at least five years from the cancellation, in the register of stable partnerships, stable Union above.

Article 15 termination of the main licensing 1. In the event of the death of the principal owner, if you one of the people in charge want to apply for ownership of the passive residence that was holding the deceased may request that you keep the same authorisation of this as long as they meet the requirements that this law requires for the main headlines and provide the documents that he had been required as a person in charge.

2. The above request, which will result in the payment of the fee for a renewal, must be presented within a period of one year from the death of the main holder. The term of validity of the authorization is governed by the same rules that regulate the renewal of authorization.

Article 16 termination of the situation of dependency every person who holds a passive residence by a principal owner and will cease to be in charge of this, you will need to apply for, if you want to continue to have this condition, a new residence permit passive as a main headline, in accordance with the requirements of this law. However, if you request within a maximum period of one year the payment of fees and the period of validity of the authorization shall be governed by the same rules that regulate the licensing and renewal will be required only the documents that he had been required as a person in charge.

The fourth chapter. Renewal, expiration and cancellation of the authorization Article 17 duration of the authorisation and of the renewal 1. The initial authorization of passive residence is granted for a period of one year and may be extended. Renewals are granted for periods of three years.

2. The foreign person owner for at least seven years of a passive residence permit obtained, if you request it and meet the requirements established by this law, the renewal of this authorization for a duration of ten years. The same term is applied to the successive renovations.

3. Spanish and French nationals get the initial authorization of passive residence fellowships for two years. The renewal is for a period of three years.

4. The Spanish and French national headlines for at least five years of a passive residence permit obtained, if you request it and meet the requirements established by this law, the renewal of this authorization for a duration of ten years. The same term is applied to the successive renovations.

5. The authorisation granted initially is without effect if the cardholder does not justify its common registration where lies within the following year in obtaining the residence permit passive.

Article 18 Requirements 1. In order to obtain the renewal of the residence permit, the application must be submitted to passive during the six months prior to the expiration of the term and provide proof, as is fixed by the regulations, that the applicant has resided for principal and effective in the Principality of Andorra to count from the start of the authorization, if you want to renew an initial authorisation , or from the date of the last renewal in the other cases, in computing as in periods of residence absences by reason of medical treatment.

2. Will be counted as primary residence and effective in the Principality of Andorra of the people in charge of the main holder the past periods abroad to study.

Article 19 1 Expiration. It is without effect all renewable authorization that expire without the interested party must submit the corresponding application for renewal in the deadline, without justified cause.

2. However, within the period of six months from the expiry date of the authorization, the holder can regularise your situation if you justify that continues living main and effective way to Andorra from the date on which its authorization expired and is registered in the common where he resides.

Article 20 grounds for refusal 1. The Minister in charge of the Interior, for the initial application of grounded decision, denied residence, its renewal or the obtaining, or proceed to the cancellation of the authorization granted, by: a) the lack of compliance with any of the requirements established by the present law.

b) Distort, omit voluntarily supply data or documents in the framework of the


initial request transcripts, or renewal of regularisation, without prejudice to the criminal liability that may be incurred by the applicant.

c) Represent a risk to the security of the State, of persons or goods or for the public order in general.

d) have been declared non-family lived by the immigration Medical Service in the case of initial request.

e) the lack of available quota in the case of initial request.

2. The procedure of instruction and resolution of requests and the effects of the denial of the initial concession, of the denial of renewal, of the denial of the petition for obtaining the authorization expired or the undeclaring granted, are governed by the provisions of the law on immigration in all that is applicable.

3. The denial of the initial grant application, renovation, for obtaining the permit expired and the cancellation of the given, we have to score in the appropriate section of the Central Register of immigration.

Article 21 cancellation with no file Are cause for cancellation of an authorization of immigration without having to file: a) The voluntary resignation of the owner duly notified to the Immigration Service.

b) to obtain from the holder of an authorization of immigration of another category.

c) the firm's administrative expulsion.

d) condemnation to a firm accessory of expulsion pronounced by a criminal court.

e) the acquisition of Andorran nationality of the holder.

f) the death of the owner.

Chapter five. Article 22 tax concept and fact generator immigration rates are fixed taxes generated by the provision of one of the following administrative functions: a) delivery of the receipt of application b) delivery of initial passive residence permit c) delivery of passive residence authorization for renewal of residence permit delivery) of person in charge e) delivery of certificate of registration f) low certificate delivery.

Article 23 taxable 1. The individual who requests the residence permit is required from the tax certificate or passive rate generated by administrative functions mentioned in letters a), b), c), e) and f) of the previous article.

2. The person who requests the family regrouping is forced by the tax administrative functions laid down in the letter of) of the previous article.

Article 24 Fee and tax debt 1. The tax payments of the taxes on passive residences are: a) delivery of the receipt of application: 6 euros b) delivery of initial authorization: 200 euros) and delivery of permission of person in charge: € 170 d) delivery of permission of renewal: $50 e) delivery of the certificate of registration: 6 euros f) delivery of the certificate of termination: 3 euros.

2. The fees fixed in this article will be updated by means of the law of the budget.

Article 25 Incurrence and payment 1. In the area of immigration fees will accrue on the day of the filing of the application or on the day of delivery of the certificate of receipt or the authorization of immigration and are paid at the time it is accrued.

2. Isn't delivered the certificate, the receipt or the authorization of immigration without payment of the corresponding fee.

First additional provision applications already submitted before the validity of this law are not subject to the authorization fee established, proving that the requirements to meet the law.

Second additional provision Are holders of permits for passive residence granted prior to the entry into force of the law amending the law of passive residences, of 28 November 1996, are exempt, in all cases, the obligation to make the deposits laid down.

Third additional provision people who, being holders of a residence permit passive, have been at least since five years before the entry into force of the law amending the law of passive residences, of 28 November 1996, have to justify and keep in force for Andorra and insurance coverage to cover the possible health contingencies of the applicant and the persons in charge , or by their spouse or partner stable, for all the time of validity of the residence passive.

The transitional provision holders of passive residence permits persons who are in the situation defined in the second additional provision and who have made the deposits referred to in article 8 of the law amending the law of passive residences, of 28 November 1996, may request from the Institut Nacional Andorrà de Finances , within a maximum period of three years from the date of entry into force of this law, the return of unpaid amounts of deposits made.

First final provision this law hereby repealed all previous provisions contrary to it and especially those contained in the law amending the law of passive residences of 28 November 1996.

Second final provision this law shall enter into force the day after its publication in the official bulletin of the Principality of Andorra.

Casa de la Vall, November 30, 2006 Joan Gabriel i Estany Syndic General Us the co-princes the sancionem and promulguem and let's get the publication in the official bulletin of the Principality of Andorra.

Joan Enric Vives Sicília Jacques Chirac President of the French Republic and the Bishop of Urgell Co-prince of Andorra Co-prince of Andorra