IS IT POSSIBLE TO AFFILIATE AND REGISTER A COMMUNITY CITIZEN WITHOUT HAVING A NIE? AND OF A NON-EU FAMILY MEMBER OF A COMMUNITY CITIZEN?
Many of the queries that we receive daily through our free web consultation services come from EU citizens who, prior to taking up residence in our country, have doubts about obtaining the Social Security number that identifies them in their relations with the Social Security, and thus at the time they can register in the general regime as employees, or in any case in the special regime for self-employed workers (RETA).
It should be mentioned that from a regulatory point of view, in principle, it does not generate many doubts considering that the European citizen has the right to work in any member country of the EU or the European Economic Area, however, in practice the issue generates many concerns and difficulties".
In this sense, an EU citizen, as previously mentioned, is a national of a member state of the European Union, who only needs his travel document, understood as his passport or identity card of his country, not only to move throughout the Schengen territory, but also to perform tasks such as working, opening a bank account, registering, among others.
Likewise, the obligation to obtain a European Union Citizen Registration Certificate (the TIE for EU citizens) is not necessary except in the event that the citizen is going to reside in the Spanish territory for a period of more than three months, at which time it is mandatory to apply for registration in the Central Registry of Foreigners.
Therefore, the fact of not having this EU Registration Certificate should not limit the right of European Union citizens not only to move freely within the EU countries, but also to be able to be employed (employment contract as a company or entrepreneur), or to start a self-employed activity (self-employed or freelance).
This means that if, for example, a Portuguese or Italian citizen wishes to work in Spain, either linked to a company or developing an economic activity on their own, they can do so simply with their passport or identity card from their country, and in any case, only will only be necessary if they are going to reside in Spain indefinitely and, as a general rule, for a period of more than 3 months.
At this point, the most common thing should be that in all the Autonomous Communities and Provinces of Spain, when an EU citizen arrives in Spain and an opportunity to work arises, he/she should be able to affiliate and register with the Social Security as a worker without the need to have a foreigner identification number NIE, nor the Certificate of Registration of EU Citizen, he/she can do it only with the passport. The Social Security is obliged to accept this affiliation and registration since it is a valid document for residing in Spain. Again, if the EU citizen is going to reside in Spain for more than 90 days, he/she will be obliged to register in the Central Registry of Foreigners.
In addition, in the event that the EU citizen is obliged to apply for the Community Citizen Registration Certificate, he/she would comply with some of the essential requirements to obtain the mentioned certificate, which is to have economic means (labor contract) and to have medical insurance (the health coverage provided by the Spanish Social Security).
In practice this is not so simple, since many Social Security offices do not allow or make the affiliation difficult if the EU citizen does not have a NIE number beforehand, which in many cases makes it necessary to take a previous mandatory step of obtaining a NIE number at the Provincial Brigade of Foreigners and Borders - National Police Force, simple assignment of a foreigner identification number associated with a certificate of 90 days of validity that will serve in a limited way for certain things such as affiliation, or opening a checking account, etc.
As indicated above, when it is a question of affiliation to the social security and registration as a worker, it is not compulsory to have a NIE number beforehand, it can be done with the passport. However, once the worker has the EU Registration Certificate, it is normal to go again to the Social Security Treasury to complete the data and that his registration appears in the databases with his NIE number and not with his passport or identity card number".
And this, which seems simple in theory for EU citizens, is exactly the same for their non-EU family members. It is the application of the same regulation, with the same effects and the same consequences, the RD 240/2007 that regulates the Community Regime Regulation and that affects citizens of EU and EEA member countries and their family members.
If you find yourself in this situation and require assistance in obtaining your social security number and assistance in obtaining your Community Citizen Registration Certificate, we invite you to send us your inquiry and tell us about your case. We are here to help you!
If you have any comments you can comment on this blog post. Remember that you can also write us through our free web consultation, and in case you wish to schedule an appointment with our experts we can assist you via Skype, Facetime, or phone call.
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