The passport is an essential document for foreigners, and it is one that anyone can appreciate. However, what happens in those cases where either we have not yet been granted our passport or it expires and we cannot renew it?
The solution is simple: the residence permit.
And in this article, you will find everything you need to know to successfully apply for the residence permit for foreigners in Spain.
We will discuss the two main requirements that you must fulfill, as well as the documents that must be included in your application and other considerations that will be fully useful to you.
What is the registration card?
The registration card is a document that is essential for all foreigners who are in an undocumented situation in Spain. It is an identification document issued by the Spanish authorities when the foreigner needs to be recognized in Spain and their attempts to obtain documentation from their country of origin have failed. It is important to note that this document only serves to identify a person when they cannot be identified by any existing method.
In other words, the registration card is issued when the foreign person needs to have a passport but no country grants them one. This would be the only case in which they would apply for the registration card.
Thus, we are not talking about a residence permit, as it does not provide the possibility of residing and working in Spain; it only legally identifies the foreigner. However, it does not prevent the individual from applying for residency, as we will see shortly. One of the most common and usual cases in which the registration card is requested is when a foreigner enters Spain as a tourist and their passport expires during their stay. If their country of origin does not have a consular office in Spain, this foreigner would become undocumented because they could not renew their passport, so they would need to apply for the registration card. However, the process is not so simple.
Even in this case, the foreigner will have to fulfill a series of requirements to successfully apply for it.
Specific requirements for the registration card
We were able to identify 2 primary requirements to obtain the registration card as a foreigner in Spanish territory, in addition to other more generic (but no less important) requirements.
Demonstrating the need for identification
The first requirement that the foreigner must fulfill to request this document is to show that they really need it. In this way, they will have to prove that for reasons of public interest, compliance with certain commitments in Spain (for example, renewing the passport), or for humanitarian reasons, they need to be identified or informed in the territory.
Showing the unsuccessful documentation attempt
We now present the most relevant requirement, as it is the one that often determines whether you can actually request the registration card or not. It will be important for the foreigner to have requested identification from the authorities of their country and those authorities have not responded. In other words, the foreigner must confirm that they have contacted the consulate or diplomatic mission of their country of origin to request the passport and that the authorities have not responded.If the consulate simply takes time to produce the passport, it may not be sufficient. This will be crucial and will determine whether you are granted the registration card or not.
In other words, this is what often happens with minors born in Spain to Venezuelan parents. From the moment they request the passport from the Venezuelan consulate until they receive it, more than a year can pass, but this does not necessarily mean that the consulate refuses to document the minor.
Therefore, it is necessary for the consulate to refuse documentation in order to obtain the registration card.
General requirements for the registration card
Here are the general requirements for applying for the registration card:
- Pay the fee.
- Complete the application form correctly.
- Notarial deed stating the refusal by the consulate of your country of origin. If you do not have the notarial deed, you will need to submit the residence authorization application.
- 3 passport-sized photos.
- Certificate of criminal record.
- Not being a citizen of the European Union.
- Not being prohibited from entering Spain.
How to obtain the registration card? Step-by-step method
Now that we have clarified the requirements, let’s see how to obtain the registration card step by step, a process that the interested party initiates personally and as quickly as possible after becoming undocumented. The first step is to contact the consulate of the country of origin or the diplomatic mission requesting documentation. The most common method is to send a letter by postal mail requesting the passport along with the reason why it is necessary to document the foreigner. It will not be until we receive a negative response (the authorities refuse to document us) that we can proceed with the process. Once we have received this rejection from the consulate, we must go to the notary.
There, we will request a notarial certificate stating the request to the authorities, documenting the lack of response or rejection in the request. Subsequently, we will go to the nearest immigration office or police station depending on the foreigner’s situation, providing that notarial certificate along with the documents we will see in the next section.
The immigration office has a period of 3 months to produce a response.
If we have not received notification, the request for the registration card would be dismissed by administrative silence.
However, if we have received a notification with a favorable resolution, the foreigner could then apply for their residence authorization for exceptional circumstances (although they could have started this process even simultaneously with the request for the registration card).
How long do I have to wait to obtain the resolution of the registration card?
As mentioned earlier, the resolution period for the registration card is 3 months. If no response is received after 3 months, the request will be considered denied.
Do I have to renew the registration card?
Yes, you will have to renew the registration card every year if the authorities of your country of origin have not issued you a passport. Once you obtain your passport, the registration card will have no value.
Marta Palacios Cuesta is the founder and principal consultant of Es Abogado Extranjería, a law firm specializing in immigration law in Madrid and Seville. With an impressive academic background, Marta offers expert advice on immigration procedures, residency processes and obtaining Spanish nationality. Committed to providing personalized and up-to-date solutions, her firm stands out for its detailed and professional approach. If you need legal guidance regarding your status in Spain, contact Marta for a personalized consultation at Es Abogado Extranjería.