Advanced Search

Royal Decree 766/1992, Of 26 June On Entry And Sojourn In Spain Of Nationals Of Member States Of The European Communities.

Original Language Title: Real Decreto 766/1992, de 26 de junio, sobre entrada y permanencia en EspaƱa de nacionales de Estados miembros de las Comunidades Europeas.

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

Reason exposure

The Organic Law 7/1985, of July 1, on the Rights and Freedoms of foreigners in Spain, which regulates the entry, permanence, work and establishment of foreigners, has in its article third, that its rules are without prejudice to the provisions of the International Treaties in which Spain is a party.

In compliance with the obligations imposed on Spain by the Treaty of Accession to the European Communities, Royal Decree 1099/1986 of 26 May on entry, permanence and work in Spain of citizens of States was issued. Member of the European Communities, in which the administrative formalities for the exercise of the rights of entry and residence in Spain by the citizens of the Member States of the European Communities are regulated, for the carrying out activities which are salaried or non-salaried, or to provide or receive services, to the (a) the provisions of Articles 48, 52 and 59 of the EEC Treaty.

The Council of the European Communities subsequently adopted Regulation (EEC) No 2194/1991 of 25 June 1991 on the transitional period applicable to the free movement of workers between Spain and Portugal by a In the case of Luxembourg on 31 December 1992, the other Member States, on the other hand, brought forward the end of the transitional period to 31 December 1991 and the case of Luxembourg at 31 December 1992. The Council also adopted Directives 90 /364/EEC on the right of residence; 90 /365/EEC on the right of residence for employed or self-employed persons who have ceased to pursue a professional activity; and 90 /366/EEC on the right of residence for students of 28 June 1990, the provisions of which are to be transposed into national law by 30 June 1992 at the latest.

The consequent modification of the pre-existing situation makes it appropriate to adopt a new provision on entry and stay in Spain of nationals of Member States of the European Communities, incorporating the These changes, which have been made advisable by the experience in implementing Royal Decree 1099/1986.

This new provision affects the powers of the various ministerial departments, for which reason, apart from the treatment prevented for the adoption of the General Provisions, it has been the subject of a favourable report by Part of the Interministerial Committee for Foreign Affairs, in compliance with the function of coordination entrusted to it by Royal Decree 511/1992, of 14 May.

In its virtue, on the proposal of the Ministers of Foreign Affairs, of the Interior, and of Labor and Social Security, with the approval of the Minister for Public Administrations, in agreement with the Council of State, and previous Discussion of the Council of Ministers at its meeting on 26 June 1992,

DISPONGO:

Chapter I

Scope

Article 1.

1. This Royal Decree regulates the administrative formalities for the exercise of the rights of entry and permanence in Spain, by nationals of the Member States of the European Communities.

2. The content of this Royal Decree shall be without prejudice to the exceptions or particularities, which are prevented by the Community rules, for special cases.

Article 2.

This Royal Decree shall also apply, irrespective of nationality, to the relatives of the Spaniards and nationals of other Member States of the European Communities, which are listed below:

(a) Your spouse, provided they are not separated in fact or in law.

(b) To their descendants and to those of their spouse, provided that they are not separated in fact or in law, under the age of twenty-one or older years of age living at their expense.

c) To their ascendants and to their spouse, provided that they are not separated in fact or in law, that they live at their expense, with the exception of the ascendants of the students and their spouses, who will not have the right to residence.

Article 3.

The entry, stay and work in Spain of nationals of Member States of the European Communities who do not credit the concurrency of the requirements set out in this Royal Decree shall be governed by the provisions of the Organic Law 7/1985, of July 1, on the Rights and Freedoms of foreigners in Spain, and regulations in force on the subject.

Chapter II

General rules on entry and stay

Article 4.

1. The persons referred to in this Royal Decree, have the right to enter, leave, circulate and remain freely in Spanish territory, prior to the completion of the formalities provided for by this and without prejudice to the established limits in Chapter III.

2. Likewise, these persons, except those referred to in Article 2 (c), have the right to access to any activity, both on their own account and on their own account, under the same conditions as the Spanish nationals, without prejudice to of the limitation laid down in Article 48 (4) of the EEC Treaty, in so far as it refers to employment in the public administration.

3. The exercise of the rights referred to in the above numbers will require, in the cases and in the form prevented in this Royal Decree, the documentation of the holders by means of a residence card.

Article 5.

1. Entry into Spanish territory shall be effected by the presentation of the passport or, where appropriate, the identity card, in force and on which the nationality of the holder is established.

2. Family members who do not have the nationality of one of the Member States of the European Communities shall also require the visa, without prejudice to the provisions of international treaties or conventions. Their expedition will be free. Article 6.

1. In cases where the stay in Spain, whatever its purpose, is for a duration of less than three months, the identity card or passport, by virtue of which the entry has been made, shall be sufficient to document it. Spanish territory.

2. If the stay in Spain of nationals of other Member States of the European Communities is longer than three months and less than one year, a temporary residence card shall be issued to the persons concerned, limited to duration of that.

3. The situation of residence, for a period of more than one year, shall be credited by obtaining a residence card of a national of a Member State of the European Communities, with five years of validity and renewable automatically.

4. Members of the family who do not hold the nationality of one of the Member States of the European Communities shall be issued with a residence card of the same validity as that of the person they are dependent on.

5. The relatives of Spaniards will be issued, in any case, a residence card with five years of validity.

6. The situation of the Community national working in Spain, maintaining his residence in the territory of another Member State of the European Communities, to which he returns, in principle, every day or at least once a week, shall be credited by issuing a border worker card valid for five years and renewable automatically.

Article 7.

1. Except as provided in the following numbers of this article, the validity of the cards and their renewal shall be conditioned to the fact that their holder continues to be in one of the cases that entitles them to obtain them.

2. Absences that do not extend for more than six consecutive months, or which are due to compliance with military obligations, shall not affect the validity of the cards.

3. Where the residence card has been issued on the basis of self-employed or other activities, the card may not be withdrawn or no longer be renewed by the fact that the holder is not exercising such activities, when this is due to sickness or accident, or is in an involuntary unemployment situation, duly established by the Office of the National Employment Institute concerned. In the latter case, in the case of the first renewal of the residence card and the holder of the residence card has remained in that unemployment situation for more than 12 consecutive months, the validity of that card may be limited, without which it may be less than twelve months.

4. In the case of studies, the validity of the residence card may be limited to the duration of the training or, if it lasts more than 12 months, to one year, in which case the card shall be renewable annually.

5. The validity of the first residence card may also be limited, without it being less than two years, where the applicant does not intend to carry out gainful activities or studies.

Article 8.

1. The residence card shall be automatically issued or renewed to nationals of Member States of the European Communities who have carried out an economic activity for their own account on Spanish territory and:

(a) At the time when the activity ceases, they have reached the age provided for by the Spanish legislation for retirement entitled to a pension, having exercised their activity during the preceding 12 months and residing in Spain for more than three years.

b) They have ceased their activity as a result of permanent incapacity for work, having resided in Spain for more than two years without interruption.

It shall not be necessary to provide proof of residence if the incapacity is caused by an accident at work or occupational disease which is entitled to a pension for which a body is responsible, in whole or in part. Spanish state.

(c) After three years of activity and residence on Spanish territory, they are active in another Member State of the European Communities and maintain their residence in Spain, returning to Spanish territory. less once a week.

2. In accordance with the provisions of Regulation (EEC) No 1251/1970 of the Commission of 29 June 1970, the residence card shall be automatically issued or renewed to nationals of Member States of the European Communities who, having If you are employed in Spanish territory, meet the requirements set out in the previous number.

3. The residence card shall also be issued or renewed to the family members of those who meet the requirements set out in numbers 1 and 2 who reside with them in Spain.

4. If the persons concerned have died in the course of their working life, before they have acquired the right to reside in Spanish territory on a permanent basis, the competent authorities shall issue or renew the residence card to the members of the his family when any of the following conditions are met:

(a) That the person concerned had resided in Spain on the date of death for at least two years.

b) That the death is due to an accident at work or occupational disease.

(c) The surviving spouse, provided that he is not in fact separated or entitled to be a Spanish citizen and has lost Spanish nationality as a result of his marriage to the person concerned.

5. The residence card shall be issued or renewed to the members of the family, without the conditions laid down in the preceding number being met, where the person concerned has died after he has acquired the right to reside in Spanish territory on a permanent basis.

6. For the exercise of the right of residence, in the cases referred to in the preceding numbers, the beneficiary shall have a period of two years from the day on which, by application of the provisions of the said provisions, they acquire the right to to obtain it.

Article 9.

Applications for the issue of the cards provided for in Article 6 must be submitted within one month of the date of entry into Spain and shall be processed by the Office of Foreign Nationals of the province where intends to remain or to fix his or her residence as the person concerned or, failing that, by the corresponding Provincial Police Commissioner.

The Civil Governors shall be competent for the resolution of such requests.

Article 10.

1. With the application referred to in the previous article, the person concerned must present the document stating his or her identity, under which he is in Spanish territory, and also:

a) If you are an employee, copy of the work contract or work certificate.

(b) If it carries out economic activities on its own account, supporting documentation that it meets the requirements and, where appropriate, that it has requested the necessary authorisations for the exercise of such activities by Spanish, in accordance with the legislation in force in Spain. In particular, it will justify the high in the Tax of Economic Activities; and the provision of the authorizations and high in the Records established by the General Directorate of Foreign Transactions of the Ministry of Economy and Finance.

(c) If this is the provision of services in Spain, accreditation, by means of the presentation of certificates issued by the competent authorities of the Community country of origin or provenance, that:

-You are in possession of the qualifications, diplomas or certificates required for the provision of the services concerned.

-Is legally established and habitually exercising the activities in question in the country of origin or provenance.

d) in the case of a frontier worker, a certificate of residence in another Member State of the European Communities and the documents corresponding to his activity.

e) If you intend to reside in Spain without gainful activities and do not enjoy the right of residence under other provisions, you will have to prove that you have sufficient resources for the period of residence that requests, or that these resources are to be received periodically, and that you have a health insurance that covers all the risks.

(f) If he intends to reside in Spain after he has ceased to exercise in any of the Member States of the European Communities an activity as an employed or self-employed person and no longer enjoys the right of residence, must prove that he has an invalidity pension, retirement pension or occupational accident benefits or occupational disease which provides him with sufficient resources for the period of residence he is applying for, and which he has subscribed to a sickness insurance scheme covering all risks.

g) If you intend to reside in Spain to carry out studies and do not enjoy the right of residence under other provisions, you must prove that you are registered as a student in institutions or establishments, officers or recognised, in order to receive, on a principal basis, a training for the pursuit of a profession; that it has sufficient resources to cover the cost of its studies, as well as the costs of staying for the period of residence which requests, or which such resources are to be collected periodically, and which it has subscribed to a disease insurance covering all risks.

(h) When advised by public order, public security or public health reasons, the presentation of a medical certificate of health status may be required.

2. For the purposes of points (e), (f) and (g) of the preceding number, the resources of the applicants shall be considered sufficient when they exceed the level of the minimum retirement pension for over 60 and five years established by the Spanish Social Security.

3. Where the persons concerned are family members of the persons referred to in the earlier numbers, with the scope provided for in Article 2, they shall submit the documents issued by the competent authorities certifying:

a) The relationship of kinship.

b) The fact of living at the expense or being in charge of the national with whom they have such a link, in cases where it is enforceable.

c) In the case of family members of the residents referred to in points (e), (f) and (g) of number 1, the resources and sickness insurance referred to therein shall be sufficient for the holder and his family members in accordance with the the rules set out in them.

(d) Family members who do not hold the nationality of a Member State of the European Communities, in addition to the previous documents, the visa of residence in the passport, the presentation of which may be waived for reasons exceptional.

Article 11.

1. Information on the judicial record of the persons concerned may be requested, exceptionally, through the Directorate-General of the Police, to the authorities of the State of origin or other States.

2. In any event and in order to be able to correctly assess the concurrency of the requirements necessary for the exercise of self-employed activities, the instructor body may be interested in the report of the services of the Administration General of the State, the Autonomous Administration or the Local Administration, as well as the Institutional Administration and the Professional Colleges, competent for the matter.

3. The decision on the first card shall be adopted within six months of the date of submission of the application.

4. Applications for temporary residence cards shall be processed on a preferential basis by the urgency procedure, with the time limits being reduced by half.

5. The processing of the application for the issue of residence cards shall not preclude the provisional permanence of the persons concerned in Spain, nor the development of their activities.

Article 12.

1. Applications for renewal of the cards shall be processed in the manner provided for in Articles 9, 10 and 11.

2. These applications shall be accompanied by the documents provided for in Article 10, which show that the necessary requirements are satisfied at the time of the presentation, with the exception of the medical certificate of their state of health and, in their cases, the visa and the certificate of evidence of parentage in the case of ascendants or descendants.

Article 13.

The cards provided for in Article 6, irrespective of their duration, as well as their renewals, shall be issued, where the requirements are met, on the basis of the models to be determined by the Ministry of Internal, and after payment by the persons concerned of a tax rate, in accordance with the provisions of Law 8/1989, of 13 April, on Fees and Public Prices, the amount of which will be equivalent to the one payable for obtaining or renewing the national document identity.

Chapter III

Measures applicable for public order reasons, public security

and public health

Article 14.

Measures relating to entry into Spain, issue and renewal of residence cards or their refusals, sanctions and expulsion from the Spanish territory of persons covered by the scope of this Royal Decree, determined for reasons of public order, public security or public health, shall be adopted subject to the provisions of this Chapter.

Article 15.

1.

At the time of public policy, public security or public health reasons, one of the following measures may be taken:

(a) Prevent entry into Spain, even if the interested parties submit the documentation provided for in Article 5.

b) Deny the issue or renewal of the cards.

c) Order the expulsion or return of the Spanish territory.

2. The measures provided for in the preceding paragraph shall comply with the following rules or criteria:

(a) They shall be adopted in accordance with the laws governing public order and public security, as provided for in the Organic Law 7/1985 of 1 July 1985, and the regulations in force on this subject.

(b) They may be revoked, ex officio or at the request of a party, when they cease to subsist the reasons for their adoption.

c) They may not be adopted for economic purposes.

(d) When they are adopted for reasons of public order or public security, they shall be based exclusively on the personal conduct of those who are the subject of the same.

3. The expiry of the identity card or passport which has been granted to Spain and the issue, if any, of the card, may not be caused by the expulsion of the Spanish territory.

4. The only diseases or diseases which may justify the adoption of any of the measures provided for in paragraph 1 of this Article are as follows:

(a) Quarantine diseases referred to in the International Health Regulations No 2 of 25 May 1951 of the World Health Organization.

b) Drug addiction, when public order or public security is compromised in the terms provided for in the legislation in force.

(c) Other infectious or parasitic diseases in Spain, subject to protective provisions in respect of Spanish nationals.

The refusal of the renewal of the card or the expulsion of the Spanish territory in the event of having contracted such diseases or ailments after the issue of the first card cannot be based.

Article 16.

1. The omission of the application for the card, in cases where there is the right to obtain it, or its renewal, as well as the lack of communication concerning the modification of the circumstances that led to its granting, may only be sanctioned. with a fine, which must be proportionate to the seriousness of the infringement, taking into account the degree of voluntary nature, the recidivism, where appropriate, and the economic capacity of the infringer, and may not result in the expulsion of the Spanish territory.

2. In no case shall the amount of the fine exceed 2,000,000 pesetas, in accordance with Article 27 of the Organic Law 7/1985 of 1 July, or of the amount determined by the Government, in use of the authorization contained in the the additional provision of that Law, taking into account variations in the consumer price index.

Article 17.

1. The renewal of the card may not be refused or the expulsion of its holder may be ordered, except in cases of urgency duly justified, without prior opinion of the Directorate-General of the Legal Service of the State or, where appropriate, of the corresponding State Legal Service in the province.

The body responsible for issuing an opinion must, in advance, allow the person concerned to request the evidence and to make the arguments which he considers to be precise.

2. Without prejudice to legal remedies, the decision of the competent authority of the Ministry of the Interior which refuses the first card or orders the expulsion of persons seeking the same shall be submitted, upon request of the interested, to be examined by the General Directorate of the Legal Service of the State or the State Legal Service in the province. The person concerned may submit his or her means of defence to the advisory body in person unless the reasons for State security are concerned. The opinion of the Legal Service of the State shall be submitted to the competent authority to confirm or revoke the previous decision.

Article 18.

1. The decision rejecting the issue or the renewal of the card or ordering the expulsion shall expressly set out the period within which the person concerned must leave the Spanish territory and must be notified to it in the legal form. established, specifying the reasons for public policy, public security or public health that motivate it.

2. Except in cases of urgency, duly justified, that period shall not be less than 15 days, if the person concerned is not a cardholder, or a month, otherwise.

Additional disposition first.

Article 4 of Royal Decree 1521/1991 of 11 October 1991 on the creation, powers and operation of the Foreign Office is amended as follows:

Additional provision second.

Article 7 (2) (a) of the Implementing Regulation of Organic Law 7/1985 of 1 July 1985, approved by Royal Decree 1119/1986 of 26 May 1986, is hereby worded as follows:

First transient disposition.

Residence permits, work and residence permits and student cards, of which the persons included in the scope of this Royal Decree are the holders who have validity on the date of entry into force of the same, shall retain that validity for the time for which they were issued, without prejudice to the right of their holders to choose to obtain the

regulated documentation in this Royal Decree.

Second transient disposition.

The special and transitional arrangements provided for in Chapter III of Royal Decree 1099/1986 of 26 May 1992 will remain in force until 31 December 1992 for the nationals of Luxembourg and their family members carrying out their activities. employment.

Single repeal provision.

Without prejudice to the provisions of the second transitional provision, Royal Decree 1099/1986 of 26 May on entry, stay and work in Spain of nationals of Member States of the European Communities is hereby repealed. European, and any other provisions, of equal or lower rank, object to the provisions of this Royal Decree.

Final disposition first.

The general rules concerning the entry, permanence, work and establishment of foreigners, contained in the Organic Law 7/1985 of 1 July, and the regulations in force on the matter will be applicable (a) the cases falling within the scope of this Royal Decree, in an additional nature and in so far as they are not contrary to the provisions of the Treaties establishing the EEC and its amendments, as well as to the secondary legislation of the same.

Final disposition second.

The Ministers of Foreign Affairs, Interior and Labour and Social Security are hereby authorised to issue, jointly or separately, in the field of their powers, the provisions necessary for the implementation and development of the provisions of this Royal Decree.

Final disposition third.

This Royal Decree will enter into force on 1 July 1992.

Given in Madrid to June 26, 1992.

JOHN CARLOS R.

The Minister of Relations with the Courts

and the Government Secretariat,

VIRGILIO ZAPATERO GOMEZ