THE RESIDENCY CARD

The subject of RESIDENCY CARDS and the related administration procedures attached has resurfaced in the local media recently.   The following information has been taken from the Europeos por Espana Newsletter - November 2013.  As a result many friends, members and associates have asked for an explanation of the real situation as it is at the moment and an outline any changes foreseen in the near future.        

The National Institute of Statistics states that as of 1st January 2013, 118,574 E.U. citizens are registered according to current legislation as being resident in the Balearic Islands. This means that they are on the "Padron" of their local Town Hall, and have a first residency permission which is valid for 5 years, or indeed they have renewed this for a second permanent residency permission. Since early 2012 this permission is in the form of a green "credit card" size paper. The principal nationalities are: German, 29,934, Britain, 21,918, Italy, 17,443 and Rumania, 13,697. All agencies that work with European residents agree that about 200,000 E.U. citizens are actually resident all year, or most of the year, here in the Balearics.

On the 29th of April 2004, the European Parliament approved Directive 2004/38/ CE related to the right of E.U.citizens to live in any other member state, stating clearly that those wishing to do so are obliged to personally request permission at the relevant Government office, and will receive a certificate of registration containing their name, nationality, address, identity number and the date of registration.

On the 28th of February 2007 this Directive was incorporated in to Spanish Royal Decree 240/2007. This repeated that those wishing to live in Spain are obliged to personally request residency permission in the office of Extranjeria, and will receive a certificate containing their name, nationality, address, identity number and the date of registration.

This document was initially in the form of an A4 piece of paper.

On the 18th of June 2009, "Europeos por Espana" was constituted and one of its objectives was related to residency permission and the administration process.

On 21st October 2009, EuroMP, Tono Lopez, supported EporE by requesting Brussels officially in writing if Spain was correctly applying the European Directive in this respect., whilst EuroMP and EporE member, Rosa Estaras, had a number of meetings in Brussels on the same subject.

On the 6th of August 2010, "Europeos por Espana" Founder Kate Mentink and President Carlos Bestard presented to Delegacion de Gobierno (the official office of the National Government in the Balearics ) some 6,500 signatures requesting that National Government return to the original plastic credit card size identification card for European citizens resident in Spain. Quoting both the 2004 European Directive and the 2007 Spanish Royal Decree, the Secretary of State for Immigration and Emigration within the Ministry of Labour refused absolutely.

After the National Government Elections of 2011, the new Government accepted our petition in part, and reduced the residency certificate to "credit card" size, but without adding any more information or a photograph. At the very least a step in the right direction.

On the 10th of July 2012, Central Government published order PRE/1490/2012 confirming the application of Royal Decree 240/2007 with regard to free movement in Spain of E.U. citizens. In article 2/4 this document reaffirms the same conditions for the residency certificate as in the decree of 2007.

On the 20th September 2012 our President Kate Mentink held the first of a series of meetings with the Jefe de Brigada de Policia de Extranjeria, Sr Bartolome Campaner, regarding the actual situation in Extranjeria and the administration of residency certificates.

This was followed on the 17th October 2012 by the first of several meetings with the Delegada de Gobierno, Sra Teresa Palmer, and her team, on the same subject.

Other similar meetings held over the following months included Madrid Senator Sra Gari Duran, and Regional Government deputy, Marga Prohens. Indeed , Marga Prohens came to a meeting of some 70 "Europeos por Espana" members on the 29th of October 2012 in "Mood" to talk to us about a number of subjects, including giving us an update on the infamous residency certificate and its administration, which she had personally studied in some considerable depth.

On the 28th of November 2012, our Founder and President, Kate, was invited to give a presentation to the Conference in Brussels to announce the 2013 European project, "European Year of Citizens 2013". This was a great honour for EporE and recognition of all our work, as only one other Association from the whole of Europe was asked to speak. The invitation came directly from the "Commission of Justice, Fundamental Rights and Citizenship" and the all-important "Committee of Regions". Kate used the opportunity to talk about the right to vote as well as, yes you’ve got it!, the situation of the Residency Certificate.

During the early months of this year, EporE held a number of further meetings with Senator Gari Duran which were to prove decisive. Gari pronounced herself determined to find a way to resolve the problem in Madrid and assured Kate that, although progress was slow (as are all matters govern-mental) there would be a positive result. In the meantime Sra Francisca Bennassar, who is also an EporE member, on the 3rd of September, accompanied our President Kate Mentink to another meet-ing with the Delegada de Govierno, Sra Teresa Palmer. On this occasion Sra Palmer informed us that she had done a full study of the matter of the residency card, and had taken on board the proposals in our report, and sent a project and budget report to the Ministry in Madrid, in order to improve the service to European citizens in the office of Extranjeria, incorporating our suggestions of a telephone appointment system, payment of taxes in the Centre itself, information in at least English and German, and the necessary forms easily available on-line.

To keep matter open on two fronts, over the Summer, our president Kate Mentink also had the opportunity to discuss the Residents Card with Euro MPs of various different nationalities.

Then on the 25th November came the news we had all been waiting for and it came from Senator Gari Duran. “The Director of the Cabinet of the Secretary of State, Sr Alejandro Sanchez Garcia, has confirmed that the arguments presented by “Europeos por España” for the need for a Residency Card with a photograph for identification purposes have been accepted, and indeed confirmed by the Police Authorities themselves. The report states that they “have seen the necessity to modify Royal Decree 240/2007, so that the documentation (residency card) incorporates a photograph”. They have communicated to the Head of the Police in Madrid the “interest of the Secretary of State” that they study this matter, “which would be of benefit to everyone”.

In short, OUR RESIDENTS CARD IS BACK! As President and founder of Europeos por España and on behalf of the dedicated committee of our association I would like to thank the thousands of European citizens who have supported our years long campaign, including Euro MPs, Rosa Estaras and Tono Lopez, ex Euro MP, Fransisca Bennessar, Jefe de Brigada de Policia de Extranjeria, Sr Bartolome Campaner, Delegada de Gobierno, Sra Teresa Palmer, President of the Baleares, Sr Josè Ramon Bauza, and, saving the bearer of the excellent news until last, a very special heartfelt and sincere thanks to Senator Gari Duran for her invaluable work and ‘EporE never say never’ attitude in the “corridors of power” in Madrid. When the administrative process has been completed and the first of our members has the new old card in his or her hand we will pop the bottle of Cava we have had on ice for what seems like an eternity!! In the meantime we suggest two practical solutions for those nationalities who do not have an identification card from their country of origin, principally Britain and only one or two others. Firstly, as residents, nearly all of you will have a Spanish Health Card, and the new cards being issued between now and the end of the year have complete information including a photograph. These are not "formal" identification documents outside the health service, but will help. The most reliable solution is to get a notary to make a "legal" copy of your passport - ("compulsado"). This costs only a few Euros, and avoids you having to carry your original passport, thus negating the obvious risk of loss or theft.

www.epore.org – epore.baleares@gmail.com