A row between the Secretariat of Labour and Immigration and the Central Police Station is threatening to discourage hundreds of potential property buyers from taking the plunge. The former has ruled, against the opinion of the latter, that the obligatory NIE numbers can no longer be applied by representatives with a power of attorney and so personal attendance is mandatory (as from the 3^rd Jan 2012).

Although the reason behind the disagreement appears to be how both Government offices interpret a particular norm, the consequences can be devastating given that NIE numbers are now required for almost anything and many people will just not feel that Spain is a country worth investing in if you need to queue up at 6 AM at police stations, get a ticket, walk to a specific bank to pay the fee and then go back to the police station to apply for the number: buying property, setting up a business, signing up for a job and many other legal matters just don’t deserve this third-world treatment. In Madrid, a city that aspires to become a European financial hub, you can expect a 3 month wait for an appointment to apply for the NIE.

Also, there is a total lack of uniformity in what documentation is required: for EU and Non-EU citizens alike, some police stations in the Costa Blanca are asking for notarized documents of the property one wishes to buy, others will accept a reservation contract (original or copy) and proof of payment of deposit and if you are not around to pick the number up, you will have to give an official power of attorney to someone if you are in Ibiza. The random nature of documentation requirements is perplexing to professionals and unbearable to investors.

Spanish Consulates, not particularly equipped to assist investors, have been commissioned to process applications and return an NIE number within 5 working days (RD 557/2011), a tall order for some of such offices not used to dull admin work. And that is if you have a consulate nearby, as cost-cutting has meant that the Spanish Government has closed many (e.g. Manchester and Hamburg), so if you happen to be a billionaire currently in Vladivostok looking at buying a property for a zillion euros that you have already visited and reserved, and you are told that you need to fly to Moscow, or back to Marbella, to apply for the NIE that you forgot to get whilst property hunting, then Spain has a problem.

The property industry is dismayed by what are probably the weirdest, craziest and most idiotic laws around Europe, and is hoping that as with most things, common sense will ultimately prevail.

Original post by Antonio Flores

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As we informed in a previous post, a regulation recently issued in reference to NIE Number application procedure, had as a result that almost all police stations throughout Spain ceased accepting power of attorneys granted to lawyers or ‘gestors’ for the purpose of applying for NIE certificates on behalf of their clients, forcing applicants to apply in person.

Following several complaints made by lawyers, including some from within our office, the Málaga Law Bar of Association approached the Málaga Provincial Police Office and the Foreigners/ Immigration Office director to request the reinstatement of the previous situation. The matter is being discussed internally with the Madrid central offices, and in the meantime, all the police offices in the Malaga province have been instructed to accept applications through power of attorneys. We don’t know what the situation is in other provinces, and whether power of attorneys.

Therefore, NIE Number applications submitted through power of attorneys are accepted, and we can continue providing our service.

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A quick post to let applicants know that the NIE Number fee payable on every new application has been reduced from €16.00 to 9.18 €.

This fee on new NIE applications is paid at your local bank branch office through Form 790 (Modelo 790), form which is collected at the police station in which you apply for your NIE number.

The old amount had been in force since February 2010, in which the it was set to €16.00.

If you decide to apply in person, don’t forget to take €9.18 and collect Form 790 from the post office.

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The Police Station has released today a public notice in which it states that a new NIE Number Application Form has been approved. This form can be downloaded from the Immigration Secretary of State’s website or at the bottom of this post.

This new NIE form is introduced as part of the modifications approved by the Royal Decree 557/2011, of the 20th April, of the Rules and Regulations or Rights of Foreigners in Spain and their social integration, after the reform approved in Law 2/2009, modifications which include the reduction of two years of residency for those who wish to legalize their status in Spain after having worked illegally in Spain, and the possibility for parents of children of Spanish citizenship to apply for their residency by family settlement.

With regards to NIE Numbers, the new law also mentions changes in the application process, specifically in which offices the NIE number can be applied for. It does not mention, however, if the NIE applications can be submitted by a representative on behalf of the applicant via a power of attorney, nor how long can it take to get an appointment at the consular office.

We confirm that we continue to offer our service as normal.

Documents

• New NIE Number Application Form 2011 (PDF)

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A new regulation has been issued in the National Bulletin of State in Spain (BOE), establishing that as from the 1^st of July of the current year, NIE applications will be filed personally by the applicant at the corresponding police station and in the event the applicant is out of Spain, the application will be submitted at the closest Spanish Embassy or Consulate.

However, it does not make any mention as to whether a power of attorney will or not be valid as a means of obtaining the NIE number. This is causing general confusion, even amongst certain police stations which have chosen to continue offering the service until they receive further notice from their head office.

The regulation can be found in article 206 of the Royal Decree 557/2011.

We confirm that the said law has not been applied at today’s date in this particular area and as a result, we have decided to continue offering this service. In the event that this regulation was finally implemented, we would refund the NIE number fees and the shipping costs engaged to deliver your NIE number. Unfortunately we cannot refund any other costs which are not directly related to our service, such as Notary fees or shipping costs of the documents. Please consider whether this option is in your interest.

If you are in no rush and decide to wait, please feel free to contact us on the following days for an update.

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After a slight rise in the police station fees for arranging a NIE Number starting in January, 1st 2010, a month later the Ministerio del Interior have decided to lower them also slightly.

The NIE Number application fee is now of €16.00, and if you need to renew it (in the event of e.g. a lost nie number), it is €6.82.

The new figures for all the services are the following:
 

Please note that the NIE Number Direct fees for arranging your NIE Number, are inclusive of this fee.

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The Spanish Ministerio del Interior have updated the form used to apply for a NIE Number. The new NIE Number application form is essentially very similar to the one used previously, but it includes an additional field in which you have to grant permission to the authorities to access the Sistema de Verificación de Datos de Identidad y Residencia (SVDRI).

The SVDRI is a system which can be used by the authorities to check whether a person is a resident or non resident, and access other personal information which has been previously put into the system, such as an empadronamiento address, therefore reducing the need for printed certificates. We are still not sure how this affects the NIE applications, as traditionally no printed certificates have been requested by the authorities.

Application Form

Those who don’t mind going through the hassle and waste of precious time and money which involves applying in person, can use the following form.

• NIE Number Application Form (PDF ~500Kb)

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A few days ago we were informed at the police station that an internal letter has been distributed which states that, from now on, when applying for a NIE number, British citizens must provide a legalized copy of the passport cover along with the page in which the personal details are shown. We were rather curious on why such a requirement was being imposed, as a passport cover provides, at first sight, little or no information.

After doing some research we have discovered the reason: the authorities want to know whether the applicant is a citizen of Jersey, Guernsey or Isle of Man. Apparently, these Crown dependencies issue a passport which is very similar to the one issued at the United Kingdom, except for the fact the words “European Union” are not present on the cover.

As mentioned on the FAQ, the NIE application requirements for EU and non-EU citizens are different. The latter are required to provide some proof on the reasons why they are requesting the NIE number (a private purchase contract, a rental contract, etc).

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