A Movable Teacher: How I became Legal in Spain...

There must be shown an attempt to find a place in society:

For example, one is taking courses or having learned the language, etc. Of course one must have contract work not later than 12 months, full time, and the company to urge the contract is up to date with payments to both Social Security and the IRS.

This is a bit of the info you will be told. Paltry I know.

To add to it, let's begin....

You must ask yourself if you are ready to stay in Spain for three years? Now some people take the risk and return to their native country during the year, but this is taking a chance. Being caught and deported means that you will be barred from entry to Europe for several years. So you need to ask yourself, can you stay in Spain for three or more years?

Next, you need begin leaving a paper trail. Document. Document! DOCUMENT everything. Here are some good examples:

1. Your abono (your monthly metro pass). It is an easy way to show your presences in Madrid. Every month you purchase one and then, at the end of month, put it somewhere safe. I can't stress enough how easy this is, but it only works if you have them all. You need to have a full year's worth, even August. Remember you're trying to impress upon the officials your honest desire to live and work in Spain.

2. You need to register with the city. Or obtain a certificado de empadronamiento. Now, you need to go to the town hall of your bario or neighborhood. They don't care that you're illegal. What they care about is knowing how many people are living in a certain district for tax money allocation. But it is essential to tell them when you started to live in the city. This is a point a great many people forget and don't complete for several months AFTER they have been living in the city. It will push back your submission date.

3.Your rental contract. You need to make sure your name is on it. Now, as a North American, this can be difficult. But you can find a flatmate who is legal and have them sign. And you are a co-signer.

3a. If at all possible get receipts for rental payments.

4. You need a bank account. You'll have a bank book. But also hold on to the deposity slips. Remember every piece of paper helps!

5. A bill. For the telephone or the Internet or something. Several bills actually. If possible a whole months worth would be best.

6. All of the above are showing two very important things... That you are earning money and spending money in Spain. You must show the government that you won't be a drain on the social services. That you are a productive member of society here.

Below is an easy to view list of what I have had to do in order to get the Arraigo Social and my legal status in Spain and Europe. If you see anything amiss or lacking, please let me know. Also, if you have questions that are not addressed here, please email me, and I will seek to answer them.

Good luck!

TIMELINE

17.9.12

2nd Renewal meeting

At 10am at lawyers, then go to the office. Actually, now it is at 9.45 becaus we need to review the new paperwork.

14.9.12

School's lawyer has sent me the conformation of my SS number activation.

13.9.12

New Contract signed, and I have been assured that now my SS number is active.

12.9.12

Spanish SS mystery solved

So when your contract ends, as did mine for the month of August, then your social security number goes offline.

When I had gone to renew my Arraigo papers, the clerk told me that I needed a new contract and that my SS number was inactive.

This was my working hypothesis but it was confirmed today by the school's lawyer when I went to sign my new contact. She will send my a PDF confirmation from the SS office, but she says that it should be active as of the moment she sends in the contact.

So, as of today, I have all ALL my paperwork ready for my return to the office with my other lawyer for my renew. They should validate my petition and then send my to get my finger prints taken and then 40 days later I get my new NIE card. A card that is only good for 2 years.

And so I do this all over again.

3.9.12

Renewal Meeting

Went to lawyers office with everything they wanted from me. Then we drove to the govt office. They told me that I didn't have the correct info. I was missing a current contract and a social security number registered. Now I think what happened is that since I don't work in August and so the school suspends the contract and supposedly I go on unemployment. Now I don't do that, so my SS number may get suspended. So when he looks it up he doesn't find an active SS number.

So I had to go and get a new contract, with a then presumably active SS number, and return on a NEW date. But, as we left, and the official ran after us on the pavement, it turns out I am in danger of passing the 3 month mark for renewal. So we had to change my new appointment from 21st to 17th. Now strangely enough, though I am free, it turns out it is BETTER for me to go the later date meeting, not a closer one, like next Monday. It will take them more than 2 weeks just to mail me the response for renewal, nay or yea. So I would be over the 3 month limit. I was then advised take the latest date, so they are FORCED to respond immediately by phone. Sheesh. Spanish red tape. Even my lawyer shook her head in awe.

So I learned that not taking unemployment hurt my renewal process and that you then need to force Spain to respond in a timely fashion.

The Arraigo Social process continues...

31.8.12

Volante de empandronamiento

You just need to go down there and ask for a copy of your empadronamiento and it takes like 5 minutes. You only need to get an appointment if you're changing locations.

I needed to have an updated (every 3 months) copy for my monday renewal meeting.

21.6.12

Ok, so I just turned over photocopies of my empandromiento and vida laboral to my lawyer. I've got my appointment set for 21st of September. Along with a photocopies of my NIE card that's all I needed to give them, and the government. Oh, I did need to give the lawyer 150€ for the effort, but that's a small price to be legal in Europe.

Now my apt is so far in the future because of the large amount of people renewing, so next time I will submit my paperwork a few months earlier, and thus get an apt right AFTER my expiration date.

19.6.12

NIE expires today

18.6.12

Vida Loberal asked for

Week wait time for them to mail it.

24.5.12

New empandromiento

I got my new empandromiento today for my new apt. I went to the Cuatro Caminos office and it took about 10 minutes

22.5.12

How To Get a Vida Laboral, or work history

www.seg-social.es

- solicitudes vida laboral

22.5.12

NIE renewal documents

These are the documents you need to provide along with the necessary form:

1.- Copia completa pasaporte en vigor.

2.- Informe de Vida Laboral (tienes que pedirlo en cualquier tesorería de la seguridad social y te lo envían a casa en 10 días).

3.- Certificado de empadronamiento individual (si has cambiado de domicilio).

4.- Sólo en el supuesto de que hayas cambiado de trabajo: copia contrato de trabajo.

22.5.12

If you haven't already, you should request an appointment (which you can do through the link I sent you before) before you NIE expires (or else there is a fine). The sooner, the better. I requested my lawyer do it. So the secretary began on 21.5.12. I hope that she can get one in the next three weeks. I would not like to pay the fine.

Also, be aware that if you are traveling during the time your NIE is expired, but before your appointment, you have to request an authorization to return.

21.5.12

EMPADRONAMIENTO – What does it mean?

Basically, “Empadronamiento” is the act of registering yourself as an inhabitant of the city. By law, you need to register! Besides, it has some great benefits. Once you are registered, you can:

1) get on the pubic health system and get a health card

2) get married

3) send your kids to public schools

4) vote

5) apply for certain visas

6) *Apply for residency (every now and then, there is a general Amnesty for illegal immigrants. Being “empadronado” is the way to prove how long you have been in Spain. Often, you need to prove you have been here for a number of years to take advantage of these amnesties.

BUT I AM WORKING IllEGALLY!!! – will they arrest me when I do this and ship be to some Andalusian prision?

No, no, no, and NO. The information you provide is confidential. They will NOT use this info to hunt you down for overstaying your visa. They simply want an accurate idea of who is living in the city.

HOW TO APPLY

1) you can do it online, as mentioned at the top if this article

2) you can go in person to the same address they give you in the online form (based on your postal code). This does have one benefit: you can pick up your “Empadronamiento” temporary card (called a “volante”) the same day you register.

Your application must include the following:

* The application form (hoja de empadromiento):

* Copy of your ID: Passport, DNI or national identity card, residency card, NIE, etc.

* Proof of residence (on the application form, one of your “empadronado-ed roomates can vouch for you, otherwise you’ll need to get your landlord to sign).

OKAY I’VE DONE IT, NOW WHAT?

If you’ve downloaded the form on the Internet and doing this by mail, they’ll send you your Volante of Empadronamiento in the mail. If you go in person, you’ll get it on the spot, as mentioned earlier.

WHAT DOES THE VOLANTE OF EMADRONAMIENTO MEAN?

It means, basically, “You’re one of us, baby!” This “volante” officially proves your residency in the community. It’s more of a temp card though. If you want the REALLY OFFICIAL proof, you’ll need to get a CERTIFICATE OF EMPADRONAMIENTO, which is useful when dealing with the Spanish government, legal procedures, et cetera. The Volante is usually free, though the certificate may or may not carry a fee; depends on where you live.

* The application form (hoja de empadromiento): The office that processes the applications will be able to provide you with one.

* Documentation that accredits your identity (and those of your children if you are applying as a family): Passport, DNI or national identity card, residency card, NIE, etc.

* Proof that you live where you say you live.

IMPORTANT NOTES:

1) When you move to a new place, do this process again. Don’t worry, they’ll inform your old municipality that you have moved for you

2) Ilegal immigrants need to make sure to “empadronarse” every two years. DO IT! You don’t want to miss out on the change of an amnesty by having them throw our your records.

21.5.12

Certificado de Empadronamiento: Registration at the Town Hall in Spain

Information on the Empadronamiento, what it is, how to register at the Ayuntamiento and the documentation required, as well as information on renewing the document and what to do if you move.

The Empadronamiento, also known as the Padrón Municipal de Habitantes, is a municipal register or census record, similar to an electoral roll. To register on the Padrón is to "empadronarse". Registering on the empadronamiento places a resident of a town on the list of local inhabitants.

Registration with the Padrón Municipal de Habitantes is obligatory for anyone planning to reside in Spain for more than six months per year. Residents may register individually or as a family. To be registered is to be "empadronado".

The Benefits of Registering

For each person registered in a municipality, the Ayuntamiento (town hall) receives funding for services such as policing, health centres, cleaning and maintenance. The register is used to serve as an official tally of how many people (legal or not) live in a community.

Registering on the Padrón Municipal ensures that the registrant is considered an official member of the community, and verifies their presence in Spain which is useful in a number of situations.

Foreigners without up to date documents (expired visa, or no passport) are also required to register; no penalties issued, neither are legal residency documents made available. The Certificado de Empadronamiento is entirely separate administrative process from residency applications.

When a Certificado de Empadronamiento is needed

The use of the Certificado de Empadronamiento varies greatly from one administrative region to another. In Madrid, Andalucia, Valencia (among others) it is needed in order to complete numerous actions. However, this is not consistent across all regions of Spain.

The Certificado de Empadronamiento may be required to achieve the following:

Buy or sell a car

Apply for the NIE (Numero de Identification de Extranjeros)

Apply for residency (Residencia)

Get married

Vote

Apply for a local health insurance card

How to Register

In most towns, registration for the Empadronmiento must be made in person at the town hall or neighbourhood administrative office (Junta Municipal). In some areas registration can be made online.

The documents required to register include:

A completed application form (available at the office where registration is being made)

Identification such as a passport, and a photocopy; if registering as a family, ID is needed for each individual

Proof of address, such as a utility bill, rental contract agreement or copies of the property title deeds (escritura)

If the tenant of rented accommodation is not named on the rental contract, they must also provide:

A completed Autorización de Empadronamiento (available from the town hall) which requires that the person who holds the rental agreement also be registered on the Padrón Municipal

A photocopy of the leaseholder's identification

In some areas, the local police will visit the home to confirm the address.

Normally a Volante de Empadronamiento is issued on the day of application. This is a temporary version of the Certificado de Empadronamiento, and is suitable for official purposes. Some regions charge a small fee for issuing the Volante de Empadronamiento.

Note: In most cases, the Certificado de Empadronamiento needs to have been issued within the previous 3 months to be considered a valid proof of address (and is generally only required for national or foreign bureaucracy). A current dated Certificado de Empadronamiento can be requested from theAyuntamiento at any time it might be needed (for example to buy a car or apply for the NIE).

Renewal of the Empadronamiento

Non-EU nationals who do not hold a permanent residence visa must renew their registration on the Empadronamiento every two years. EU citizens living as permanent residents of Spain should renew registration every five years (as must Spanish nationals who are resident in Spain). Some regions issue a renewal reminder, although this is not common; it is the responsibility of the individual to renew their registration on time.

Births, deaths and change of address

A change in status (birth, marriage, move to a new location) must be reported to the Padrón Municipal.

When moving house within the same community details must be updated by notifying the Padrón Municipal

When moving to a different municipality, repeat the registration process in the new community. Once registered, the current community should notify the previous community of the change

When moving away from Spain, the town hall or Junta Municipal should be notified so the Padrón can be updated

Further Information

16.8.11

So this is the last step in the arraigo process. You go with the receipt from 40 days ago, get in line, show your passport with receipt, and they hand you the card.

Now it’s only good for one year, and I will have to renew, but it’s great to be legal.

11.7.11

To apply for arraigo social, fill out a Modelo 00 form and bring it with you to your nearest Foreigners Office (Oficina de Extranjeros) along with the following documents:

1. Your passport

2. A criminal record certificate (certificado de antecedents penales) issued by your home country or the last country you lived in for five years prior to your arrival in Spain

3. An apostille or consular legalization of your criminal record certificate

4. A Spanish translation of your criminal record certificate

5. Documentation that demonstrates you have lived in Spain continuously for at least three years (such as an empadronamiento certificate, health card, entry stamp in your passport, etc.)

6. A work contract (signed by you and your employer) with a duration of at least one year from the date of your arraigo application OR proof that you are able to financially support yourself

It is possible that you may also be asked to answer questions during a personal interview in order for the authorities to better determine the facts of your case. If you wish, you may bring a lawyer or other legal professional with you to the interview.

1.7.11

So I went to down to Brigada Provincial de Extranjeria at metro Aluche.

First I will explain how to get to the office, since it is a bit confusing. It is where everyone from the Americas goes for the work visa or your papeles. When you come out of the Metro, you want to take the exit for Calle Los Poblados. When you get outside, there will be a modern art water fountain on your right. You need to go left, up the street, passing the buses on your left. You will walk about five minutes up the street, passing a few street vendors selling water and drinks. That's how you know you're on the right path. Keep in mind, if you're going to drink water and it is 35 degrees in June or July, you will have to leave the line for the bathroom. Unless you feel confident about leaving the line, don't drink anything. So, you get up Los Poblados, you will pass by the wall of the prison hospital, see the CCTV cameras, and take a left. The left leads to a dead end alley. As you go down with all the other multitudes, you will come to a guardhouse. You pass through a metal detector. As you go through, as of June 2011, the tent is in front of you for ID cards. Also behind you, against the guardhouse is a few photobooths and copiers and soda machines. Double check with a security guard that the tent is for you. So, you sit down on the bench. It is better than the past, where you had to stand out in the sun. Summer time would kill. Presently, you can sit under the tent in the shade. When I went, there were perhaps 40 people in front of me. I sat down at 12.07 and it moved fast. My appointment was for 1.00pm. I decided to come early and was happy about that choice. I was out of the tent and in the smaller line for entrance in 20 minutes. I was in the door around 12.38 and the line is maybe 8 people long inside. You go to the open desk. And it goes fast.

So when you sit down at the desk, you need to have the already mentioned documents. One thing that is confusing on the Resolucion de concesion de la Autorizacion is that they want to have the document sent back to them with name, NIE, and date of document. Now, it says fax or email. I had a PDF of the document so I emailed it. This was a slight problem with the official. He seemed to have assumed I would fax it. Spain is still a paper country. But I told him I emailed it. He went off to another desk and had a heated conversation and returned to continue with my paperwork.

He was very instant on having the tasa de expedicion de la tarjeta. I had that. Then showed him the Autorizacion. Gave him one of the three passport pictures. He stapled it to the form. Then said go over there and have you fingerprints taken. I asked him if that was it. He said, yes.

I went over to the other side of the room. I gave them the photo stapled document and they took two fingerprints of a one finger for two documents. The official then told me to return in 40 days to collect my ID card.

Next and last step: picking up my ID

Originally posted using BlogPress from my iPad

24.6.11

Previous step is here

On Friday my boss and I went to the local branch of the social security. I need to register with them a month before I begin working legally for the school. We filled out the form necessary, though I don't know which one, as they gave it to my boss, and he signed it and I signed it. Information was standard: address, name, NIE, some corporate stuff, etc. We get our number called and we go sit down. The guy is a dick. His attitude, which I miss completely, sets my boss off. But he cools down, as he had experience with government flunkies. He copies my passport, he takes the form, signs and stamps it, and tells us we have to come back for an appointment. Why? Isn't it done? Nope. I need a receipt of this visit and, I guess, authorization to work legally. So make an appointment for Monday.

Monday. We hustle to the social security office because we are of course working and take hours off for this. And I am nervous because this is the man who was nice enough to give me a contract (without which the Arraigo is impossible) and so I want him happy. He's not happy. And he gets less happy. The guy is not there. And even worse he left no notice that we had an appointment. We have a ticket with his signature. Bu the paperwork is nowhere in the computer or in the office. Of course we don't know his name. But we know his desk, so we send her over there to search. 10 minutes! No paperwork. Can't you do it? You're here. No he started it. W need to finish it. Now my boss wonders if this guy did this on purpose. He deliberately didn't put my name on the paperwork. Now I'm unhappy! I don't need this at the last moment, at the last step, after step actually. I just need a damned Identification card. So I guess we prevail on her, and she starts doing her thing with the computer. I give her my social security number for 3 years ago and the paper from the ministry of interior. She then print out two documents for me. And then proceeds to tell me all the things I need to do before my meeting. Things which I know! One of them is this meeting with her, for god's sake. I know what I need to do, and want to get to it.

Next, I need to pay for the processing of the identification card. 18€. You can pay it at any bank, but the kicker is that you need to have a specific form filled out. Of course the ministry's letter says nothing about at directly. It does reference a form number but, let's be real, that doesn't tell me anything. I was lucky I had a friend who had to do this before and let me know I needed this form. But before that could be done...

I noticed a strange request on the ministry's letter. They wanted me to fax or email the letter to them along with my name, my NIE and the date of my authorization (presumably at the top of document). Thankfully I have a PDF already of the document, as my mother wanted to double check my reading (and my friends readings). So I am confused. You want me to send to you the letter you sent me. Along with information that is in your computers. And information that you in fact told me. Really? I had two friends reread it for me. My Spanish could be at fault. And no. It wasn't. And they we as confused as I was. But I sent the information and the PDF to the email listed on the document. Now I am a bit worried because it is a strange request. I will recheck the instruction with someone, again.

Lastly, I have just paid the 18 euros with the PDF version of the form I couldn't find online. They have numerous other forms posted online, though not the one we foreigners need. Conspiracy? Don't laugh. You've not gone though this heart-wrenching process nor dealt with Spanish bureaucracy. Those who have will agree. There maybe the hand out there trying to thwart our progress to becoming s valuable part of EU society. So I digress. I printed out the THREE copies of the form. One for bank, one for ministry, one for me. Filled them out. Hopefully chose the correct use of the form. Three times. And took it in. You can use any bank. They didn't even ask for original form. He stamped all of them. Took my money. I took my two copies and left. Easy. Too easy? I squirm on the way out. What happened here? How could this be so easy? Well, I think it was. And I know it was because of the 18 euros. Cash is king!

So next: 3 passport size photos

21.6.11

Ok, so I got a phone call for my lawyer a few weeks ago, saying that I was approved, and that I would be getting a letter in the mail to that effect.

The letter is from the "immigration department" and tells me that I've been approved for a residencia temporal por circunstancias excepionales arraigo.

So what now?

First, I have to go to the local social security office, with my boss, and sign up for service (and taxes).

Second, it states that my appointment for my tarjeta de identidad is 30/6/11 from 1-3pm. So I have an appointment to get my ID card at the end of the month at the Brigada Provincial de Extranjeria y Documentacion on Calle Avda de Los Poblados.

Third, for the above appointment, I need to have, presumably the FIRST and, the following documents:

My passport

The Arraigo authorization notification

Three passport-size photos

Current empadronamiento documentation (see previous entries for more info on this) OR documentation of current habitation, such as electric bill or water bill or gas bill or telephone bill, etc.

Receipt of ID card processing payment 18€: tasa de expedicion de la tarjeta de extranjero

-the bank payment must be accompanied by the form tasa de expedicion de la tarjeta de extranjero modelo 790 - codigo 012 - ministerio del interior

-this form can be found at the Ministerio del Interior

Finding the above document 790 - 012 turns out to be a real problem. Thankfully a friend had an extra and so I will scan it into PDF and post it. It's a triplicate form, so Spanish bureaucracy may disavow printing the form out three times and handing them in. I will keep you posted on that.

NEXT: social security office

23.5.11

I got a call from my lawyer last night that the Spanish government has approved of my desire to permit work here in Spain. I can not tell you how incredible this feeling is... I have waited over FOUR years for this... I have missed birthdays and Christmases and Thanksgivings and such... Soccer games and dance recitals... and friends and loved ones.

I have missed my father. I saw my mother two years ago for two weeks. And that is it for physical contact with my family. I now am able to visit my family, visit my country, enjoy the few foods I miss and see those friends I have been separated from for many years.

So right now I am awaiting the official paper work from the Ministry. Then it will be REAL. :D

For the moment, I am just basking in the warm knowledge that I don’t have to worry anymore about my legal status.

18.5.11

Ok, so a friend of mine just heard from his lawyer that his Arraigo was denied by the Ministry. YIKES! He’s been here 2 more years than I have and this is his second time applying for the Arraigo. We meet up as he was going to his lawyer’s to strategize. He is thinking of appealing the ruling. He thinks has more to do with the company sponsoring him and less to do with him. I hope that is the case because I should be hearing in the next few weeks from the government. I think my company is much more sturdy, as it has been here for over 20 years and employing over 20 teachers a year.

This is all so stressful.

On top of this news, my friend tells me that Spain is moving towards a stricter form of admittance. You need a direct blood tie through the mother side to get documents. This will go into effect this summer. That will just ruin my chances of doing this again, if I get rejected.

21.3.11 - Almost 8 months

In 2 days I will have waited EIGHT (8) months for words back from the government on my Arraigo Social papers. I am being patient but of course that is difficult because you go in and out of problems with spanish soceity.

I’d really love to get a legal bank account so I can go and get a mobile contract so I don’t have to constantly worry about putting euros on my phone to call anyone. And worry about not having enough credit in the emergency moments. Or not emergency moments, but the needful moments.

21.1.11 - How and Where to get empadronado

Getting empadronado is largely a question of filling out a form and gathering together the required documents. Considering the staggering amount of bureaucracy required for certain other official procedures, the empadronamiento is pretty painless.

Once you have the form filled out and the documents in hand, it takes only a half hour to: 1) wait in line at her local junta in Madrid, 2) have the application processed, and 3) receive the volante de empadronamiento.

When you apply in person you will be issued a volante de empadronamiento on the spot.

 You can apply for your empadronamiento in person, and depending on where you live, you may also have the option to apply by phone or on the Internet. However, when you apply in person you will be issued a volante de empadronamiento on the spot. Otherwise, it will usually be mailed to you.

To apply in person, you usually need to go down to your local ayuntamiento (city or town hall) or junta/Junta Municipal de Distrito (city neighborhood administrative office), although in some towns other offices are responsible for servicing applications. To find out exactly where you need to go, start by calling your town hall or visiting their website. Your local Spanish phone directory (Páginas Amarillas) may also list this information in the section called Gestiones under Empadronamiento.

If you divide your time between more than one Spanish community, you should register in the community where you spend the greater part of your time.

The volante de empadronamiento is free, but to obtain an official certificado de empadronamiento, you may or may not have to pay a fee, depending on where you live. In most cases, the volante is all you’ll need for official procedures (trámites) when working with the local bureaucracy. The official certificado is generally only needed as required by national or foreign bodies.

19.1.11 - FBI cover letter

ATTN: Correspondence Group US Department of Justice Federal Bureau of Investigation 1000 Custer Hollow Road Clarksburg, WV 26306-0001

 To whom it may concern:

I have included the original document given to me for my request for a FBI background check based on my fingerprints. I need this as I am applying for working rights in Spain.

I am requesting the FBI seal and a signature of a Division official to be placed on this original document. This is to prepare the document to receive an official apostille as recognized by the 1961 Hague Convention. This is the only way documents are recognized abroad, and according to the US State Dept.’s website, “Documents requiring certifications with an apostille by the U.S. Department of State are those that have been signed by a federal official with the official Seal of that agency”

After sealing and signing the document, please send it to my father’s address in the US, as I am currently in Spain. This is the same address where the document was sent originally:

John Doe 21 N. East St Faraday, NB 14326 USA

If you have any questions or concerns please contact me on this email: 

johndoe@hotmail.es

Or my telephone number in Spain: 0034 675454561  

Best Regards,

John Doe

15.1.11 - renewal and moving your empadron

Saturday, January 15, 2011 at 11:07PM

 Renewal: If you are not a European Union national AND do not have a permanent residence visa (autorización de residencia permanente), you will need to renew your empadronamiento every two years. In all other cases, you will not need to renew. Your community will consider you a resident until they hear otherwise. However, if you move, have a child, or if any of the information you have provided changes, you will need to update your information with the padrón.

When moving to another community within Spain: Once you get empadronado in your new community, your old community will automatically be notified on your behalf.

If you are moving out of Spain: You will need to notify your community that you are moving out of Spain so they can update their records accordingly.

If you are moving to another address within the same community: You will need to notify your community that you have moved so they can update their records accordingly.

13.1.11 - Essential spanish padron vocabulary

(el) padrón/Padrón Municipal de Habitantes=The official municipal record of how many people live in a particular area.

 (el) empadronamiento=Registration with your municipality/community.

 (el) volante de empadronamiento=A temporary or informal certificate of your registration as a member of the community. For most of your local needs, this should be sufficient. 

(el) certificado de empadronamiento=The official certificate of your registration as a member of the community. You may need it for certain legal procedures with national or foreign bodies. 

(la) hoja de empadronamiento=The application form you’ll need to register with your community. 

empadronado (for men)/empadronada (for women) (it’s used as an adjective)=Registered with your community. 

estar empadronado (for men)/estar empadronada (for women)=To be registered with your community.

 (el) ayuntamiento=City or town hall. 

(la) junta/Junta Municipal de Distrito=A city’s neighborhood administrative office. For example, Madrid has 21 neighborhood admininstrative offices, which among other duties, process empadronamiento applications from neighborhood residents.

12.1.11

Since you will be dealing with a bureaucracy, you will need to furnish both the original and a photocopy of each required document (though you won’t need to photocopy the application form itself). Requirements may vary from municipality to municipality, so it’s best to check with your local ayuntamiento (city or town hall), but the most common required documents are:

The application form (hoja de empadromiento): The office that processes the applications will be able to provide you with one.

Documentation that accredits your identity (and those of your children if you are applying as a family): Passport, DNI or national identity card, residency card, NIE, etc.

Proof that you live where you say you live. If you own your own house or apartment, you will need to provide a copy of your title deeds (escritura).

If you are renting a house or apartment, you will need to provide a copy of your rental contract signed by the owner, utility bills in your name, or receipts for utility bills that you have paid in your name.

If you are renting a room in a house or apartment, you will need your landlord (or a roommate who is already empadronado) to vouch that you are living at that address. This usually means that they have to sign your application form and furnish a photocopy of their DNI or passport, or even better is for them to accompany you to the local council to present their ID in person.

11.1.11 - What benefits do you receive from getting empadronado?

First, getting empadronado means that you’re considered an official resident of your community. Consider this your first step to integration into Spanish life. Second, the empadronamiento is the way that your stay or residence in Spain is verified or accredited – a necessity for a variety of administrative procedures.

For example, you will generally need a volante or certificado de empadronamiento to do the following things in your Spanish community:

Enroll your children in local schools. Get married. Apply for a local health card (el carnét para la asistencia sanitaria). Vote. Apply for certain visas. Apply for residency by way of a general amnesty.

Important Note for Non-EU Citizens in Spain: For those who don’t have their papers in order, you have nothing to fear from registering. The information you provide is considered confidential. In fact, it’s in the city’s best interest to have an accurate count of the number of people within their jurisdiction and you can rest assured that they will NOT use this list to go after illegal immigrants or those who overstay their visas.

18.11.10 - Arraigo Social

Social Integration about the only way to get permission to live and work

Nowadays, after the last reform of the immigration law, held at date of December 11, by Act 2 / 2009, amends the previous Organic Law 4 / 2000 on Rights & Freedoms of Foreigners in Spain and their social integration, the option to request alien resident card and work in Spain, follows and almost exclusively through this pathway.

To qualify for residence permit in exceptional circumstances due to social, can be obtained in two ways:

1 .- With certificate of registration with minimum three years ago, continued, together with a report on social inclusion, which should be favorable, and which requires that the alien has attempted to place in society, taking courses , having learned the language, etc. To this you add always, the need for contract work not later than 12 months, full time, and the company to urge the contract is up to date with payments to both Social Security and the IRS.

2 .- With certificate of registration with minimum three years ago, continued, along with the alien's spouse, ancestor or descendant of legal aliens, and in this case is no longer necessary to the requirement to apply social inclusion report Hon. Municipality where it is registered. Here you also add in this case, the need to provide employment contract not less than 12 months, and that the company or employer who is willing to hire do not have debts or finance or with Social Security.

In both cases, we need to make criminal record certificate from their country of origin, so as to have a valid passport, two photographs and complete the report.

If the alien meets all these requirements, requesting appointment to the foreign office corresponding to their autonomous region, and within less than 5 months, get the relevant favorable resolution, and with it, pay a fee, and subsequently obtained card that entitles you to reside and work in Spain.

10.1.10 - Papers Chase Advice

Empadronamiento

If are planning on being here for more than 90 days, you should register your address with the city of Madrid. Comunidad de Madrid doesn’t care if you’ve over stayed your visa, they only care about the population numbers for the barrio that you live in. Also you can then get access to emergency healthcare for free.

And the most IMPORTANT is that it is the first step in getting Arraigo.

26.9.10 - Spanish LEgal Status Process...

So I have decided to put down the steps that I have used in order to become legal after 3 years in Spain. It has been a long and involved process but I hope to help the next person by detailing those actions and missteps I took. Best of luck to you.

15.9.10 Paper Chase ends?

I just gave my paperwork into the government. My lawyer says that it will take up to 6 months to find out what the decision is.

Translation - 16.8.10

I found a cheap translator. Maria: 670550052

She charged 50 euros when others were charging 100 euros.

23.7.10 - Arraigo submitted!

I today went with one of the lawyers to submit my paperwork. He said it would be three to six months before I heard back from the government.

22.7.10 - Apostille Letter arrived!

I just got the Apostille letter from the USA. This is the stamp I have been waiting so long for...

Is this the LAST step I need??

Please God let this process be at an END!

20.7.10 Paper Chase

My parents sent me my FBI Background check with the Apostalle stamp. Going tomorrow to my lawyer.

17.7.10 - Investigation

Estimado Sr. Shultz,

Esta es una nota breve para informarla que Usted esta baja investigacion por trabajar de una forma ilegal en España por ser una ciudadano de EE.UU. y consecuentemente sin derecho a trabajar aqui en la Union Europea.

Somos representantes de la Tesoreria y Hacienda que hacemos el deber de investigar personas que ofrecen sus servicios de forma ilicita o ilegal,lo cual Usted incumple por el BOE 1981 6.4a 6.4b y 6.5a.

En breve, Usted recibira una carta al respeto para presentarse en el juzgado de instancia en la cual puede aportar cualquier documento que muestra tanto la legalidad de su estancia aqui en españa como su actividad laboral.

Un saludo cordial

El Departamento de Investigacion de Tesoreria y Hacienda

13.7.10 - FBI continues

Well the document is at my parents house. I will talk to them tonight and either have them describe the stamp to me or I will have the photograph it and send it to me. I hope it's there and I only needed the one stamp. I don´t want to keep sending it back and forth to the USA.

26-5-10 - Authentication Stamp coverlatter

Below is the coverletter needed to be sent to the US State Dept for the stamped need on your FBI background check in order to have it be legal to the EU.

16.4.10 Paper Chase...

I need TWO stamps on my FBI background check, so I have to send it back to the USA. It needs a stamp from the State dept and the FBI.

15.4.10 - I need a stamp!

I might have to send the FBI document back to US for a stamp for the State dept.

....UGH....

3.1.10 - Papers Chase

Today I had my interview with the city. They didn’t really ask me anything too difficult. And in fact the woman altered my beginning date to cover the 3 years that I needed. She DID say I need to work on Spanish.

2.14.10 - Social Integration about the only way to get permission to live and work

To qualify for residence permit in exceptional circumstances due to social, can be obtained in two ways:

In both cases, we need to make criminal record certificate from their country of origin, so as to have a valid passport, two photographs and complete the report.

10.2.10 - Papers Chase...

Today we’re going back to Plaza Mayor to drop off my paper work and I will wait for a phone call from the city to go in for an interview.

23.1.10 - FBI Background procedure

Introduction

An FBI Identification Record, often referred to as a Criminal History Record or Rap Sheet, is a listing of certain information taken from fingerprint submissions retained by the FBI in connection with arrests and, in some instances, federal employment, naturalization, or military service. If the fingerprints are related to an arrest, the Identification Record includes name of the agency that submitted the fingerprints to the FBI, the date of arrest, the arrest charge, and the disposition of the arrest, if known to the FBI. All arrest data included in an Identification Record is obtained from fingerprint submissions, disposition reports and other reports submitted by agencies having criminal justice responsibilities.  The United States Department of Justice Order 556-73 establishes rules and regulations for the subject of an FBI Identification Record to obtain a copy of his or her own Record for review. The FBI’s Criminal Justice Information Services (CJIS) Division processes these requests.  Reasons for Request

An individual may request a copy of his or her own FBI Identification Record for personal review or to challenge information on the Record. Other reasons an individual may request a copy of his or her own Identification Record may include international adoption or to satisfy a requirement to live or work in a foreign country (i.e., police certificate, letter of good conduct, criminal history background, etc.)

Can I request my own record for an employment background check?

If you are requesting a background check for employment or licensing within the United States, you may be required by state statute or federal law to submit your request through your state identification bureau, requesting federal agency or other authorized channeling agency. You should contact the agency requiring the background check or the appropriate state identification bureau (or state police) for the correct procedures to follow for obtaining an FBI fingerprint background check for employment or licensing purposes.

Who May Request a Copy of Record (or Proof that a Record Does Not Exist)

Only the subject of the identification record can request a copy of his own FBI Identification Record.

How to Request a Copy of Record

1. Complete cover letter.

• If for a couple, family, etc., all persons must sign cover letter

• Include your complete mailing address. Please provide telephone number and/or email address, if available.

2. Fingerprint Card

• Obtain a set of your fingerprints (original card, no copies). Your name and date of birth must be provided on the fingerprint card. Fingerprints should be placed on a standard fingerprint form (FD-258) commonly used for applicant or law enforcement purposes.

• Include rolled impressions of all ten fingerprints and impressions of all ten fingerprints taken simultaneously (these are sometimes referred to as plain or flat impressions.)

• If possible have your fingerprints taken by a fingerprinting technician (this service may be available at a Law Enforcement Agency.)

• Previously processed fingerprint cards will not be accepted.

3. Payment

• Include $ 18 - U.S. dollars in the form of a money order, certified check made payable to the Treasury of the United States (please be sure to sign where required), or you may pay by credit card. Note: No cash, personal checks, or business checks will be accepted.

• Must be exact amount

• If for a couple, family, etc., include $18 for each person

• If paying by credit card you must include the completed credit card payment form

• Credit cards will not be used for expedited mail services

Note: Personal or business checks are not an acceptable form of payment for Departmental Order (DO) Requests. Effective 7/2/2009, all personal and business checks submitted with a DO Request will not be returned. CJIS Division will provide the customer a letter denoting the reason the monetary instrument could not be used.

4. Mail the required items #1, #2, and #3 (listed above) to the following address:

FBI CJIS Division – Record Request  1000 Custer Hollow Road  Clarksburg, West Virginia 26306

Please Note: If any of the above items are missing or incomplete, the request will be returned. Additional items sent not required for processing will not be returned.

Allow 8-10 weeks for processing, upon receipt to the FBI.

What You Will Receive

1. No Record Response. As of 8/17/09, fingerprint cards are no longer being returned. Due to concerns related to the protection of Personally Identifiable Information, the process has been changed to return a letter which states "no FBI arrest was found". Any question regarding this matter should be directed to the Customer Service Group at 304-625-5590.

2. FBI Identification Record. As of 7/7/09, fingerprint cards are no longer being returned with the FBI Identification Record.

How to Challenge Your Record Since the FBI's CJIS Division is not the source of the data appearing on Identification Records, and obtains all data thereon from fingerprint submissions or related identification forms submitted to the FBI by local, state and federal agencies, the responsibility for authentication and correction of such data rests upon the contributing agencies. Therefore, the rules set forth for changing, correcting or updating such data requires that the subject of an Identification Record make application to the original contributing agency (e.g., police department, county court, etc.).

An individual may challenge the information contained in the FBI Identification Record by contacting the original agency that submitted the information to the FBI or the state central repository in the state in which the arrest occurred. These agencies will be able to furnish the guidelines for correction of the Record. The FBI is not authorized to modify the Record without written notification from the appropriate criminal justice agency.

Frequently Asked Questions (FAQ's)

Back to beginning

Some of these publications are in PDF (Portable Document Format). To view them you will need to have the Adobe Acrobat Reader plug-in installed on your computer. The Reader can be downloaded at no cost from Adobe's site on the World Wide Web

22.1.10 - FBI backgorund check

I am sending you the procedure for how to send off my fingerprints for an FBI background check. I am having the prints down now and then send it by courier to you today.

Here is the procedure: http://www.fbi.gov/hq/cjisd/fprequest.htm

It will cost 18 dollars. There's a cover letter to be downloaded and sent off with the prints.

19.1.10 - Embassy visit

I went to the embassy and paid for the forms and the letter from the consular office. One of the staff thought i could just as easily get a background check in Spain as i haven't lived in the USA for the past 3 years. But my lawyer says otherwise.

15.1.10 - USA Embassy appointment

I have an appt with the USA Embassy on Tuesday to get a let to go to the spanish police to have my finger prints done. I may need to send them to you and you are to forward them to the FBI for me and then spend them back to me. I am hoping that I will just have the spanish police do a check on me here but i don't know if that will work. more later.

12.16.09 - legal status

Don't worry. Be jealous! Those of use from North American and other regions have a LONG LONG path to legal status in the EU. It's a path that is fraught with money pits, sleepless nights, reams of photocopies, lines, double talk, and triple think, and infuriating government drones... and those are the good weeks.

sooooo.... be jealous of those who you find with dual EU passports.

It's even permitted to wisfuly think of their ugly demise, especially while you stand in an all-day line instead of being paid to teach your classes.

10.9.09 - Arraigo Social vs Arraigo Laboral

The option of Arraigo necessitates waiting 3 years for what is called Arraigo Social as the Arraigo available after 2 years is called Arraigo Laboral and the only way of getting it is by reporting your employers as employing you illegaly, not a good move if you want to keep your job!

If you haven’t been 'empadronado' the whole time that you have been here then according to one lawyer that I spoke to that shouldn’t be a problem as long as you have some other way of proving that you’ve been living here, for example a contract for apartment rental, evidence that you’ve had a bank account, as many things like that as you can.

7.9.9 - Social Embeddedness

If you can prove that it is in Spain continuously for over 3 years (registration, entry stamp, bank, etc ...) and has a work contract of at least 12 months full-time may obtain a residence permit exceptional because of social embeddedness.

1.9.09

Social embeddedness has become almost the only way in Spain to obtain a card that authorizes you to reside and work in Spain, but you must satisfy certain requirements.

Social Integration is about the only way to get permission to live and work.

And the requirements are numerous, though not impossible. Just difficult.

18.7.09 - arraigo laboral vs social

Arraigo laboral is a possibility after you have resided here for two years (you need to prove this, and I think the best way is with your empadronamiento, though other ways may be possible). You need, I believe I remember, to have been employed illegally by the same company for at least a year, and to get the arraigo, you have to denounce them and they will be fined. Not very nice.

Arraigo social is possible after three years. You have to show that you are integrated into the community, and that leaving would cause considerable distress. Or something like that. Arraigo = roots! You have to show you are rooted here. I think there are lots of ways to do that. ... Definitely do get empadronado, immediately. It gives you some rights and also a time stamp.

12.7.09 - Papers Chase...

So the lawyer reviewed my folder...

She gave me a list of what I STILL need to turn in:

-photocopies of ALL the pages of my bank books

-photocopies of ALL the pages of my passport

-copies of my “yes” document

-translation of FBI document

-resigning with the city

8.5.09

One of the requirements under the immigration law in order to obtain authorization to reside and work in Spain, in exceptional circumstances due to social, is to provide certificate of residence in any town in Spain with at least three years old. We suggest they can provide historical Certificate of registration, certificate of registration relates all municipalities where an alien has been registered, as well as the dates of high and low.

20.10.08

I need to call Lucia. The lawyer that Frank recommended to me. She’s on Calle Costancia 22.

I need to bring my passport, and a police report with me.

A Movable Teacher

14 September 2012

How I became Legal in Spain...

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