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Understanding the legal framework for EU vs. Non-EU citizens in Ibiza is the first step towards a successful life on the island.

While the goal may be the same, the journey to legal residency is fundamentally different.

For an EU citizen, it is a process of registration, based on a right; for a non-EU citizen, it is a strategic process of application and qualification.

The Two Legal Journeys: A Guide for EU vs. Non-EU Citizens in Ibiza

To illustrate these distinct paths, let’s explore them through the eyes of two individuals: Anna, an EU citizen, and David, a non-EU citizen.

Anna’s Journey: The EU Pathway of Registration

Anna, a German citizen, decides to move to Ibiza. As an EU citizen, her right to live and work here is guaranteed by the Treaty on the Functioning of the European Union (TFEU). She doesn’t need a visa. She finds a property to rent and immediately applies for her NIE (Foreigner’s Identification Number), which is essential for signing the lease and opening a bank account.

After three months, she registers at the Central Registry of Foreigners (Registro Central de Extranjeros), providing her passport, proof of sufficient financial means, and private health insurance.

In return, she receives the EU Registration Certificate, the green document that proves her legal residency.

According to Royal Decree 240/2007, Article 7, EU citizens must register with the local authority within three months of arrival.

After five years of continuous residence, she will automatically be eligible for permanent residency.

This right extends to her close family, even if they are Non-EU citizens, who may apply for a residence card as family members of an EU citizen.

David’s Journey: The Non-EU Pathway of Qualification

David, a UK citizen, also wants to move to Ibiza. As a non-EU citizen, his journey starts months before he even arrives on the island. 

He cannot simply move; he must first choose a visa and qualify for it at the Spanish Consulate in his home country. Since he doesn’t plan to work in Spain, his lawyer advises that the Non-Lucrative Visa is the best fit. 

This requires preparing a detailed application, including proof of significant savings and comprehensive health insurance.

Once his visa is approved, he can travel to Ibiza. Within 30 days of arrival, he must complete the final step: applying for his NIE and TIE (Foreigner’s Identity Card). This biometric card is his physical proof of residency and is valid for one year, after which it must be renewed.

A Special Consideration for Non-EU Property Buyers: The Military Permit

Excited to buy his dream home, David finds a villa in a stunning coastal area. However, his lawyer identifies a critical issue that does not affect Anna: the property is in a zone of strategic interest. 

As a Non-EU citizen, David must apply for a Military Permit from the Ministry of Defence before completing the purchase.

This process, governed by Royal Decree 689/1978, can take 3–6 months. Without anticipating this step, his transaction could fail.

The Common Ground: Where the Journeys Converge

Despite their different paths, the legal responsibilities of EU and Non-EU residents in Ibiza converge once residency is established.

• The NIE as the Master Key: Both rely on their NIE for all economic activities.
• Empadronamiento (Town Hall Registration): Both must register on the padrón to access local services.
• Property Purchase Process: The due diligence, the role of the notary, and the registration of the title deed are identical for both.
• Tax Obligations: Once they become tax residents in Spain (by spending over 183 days a year), both are subject to the same Spanish tax laws, including declaring their worldwide income.

FAQs: Key Questions for EU vs. Non-EU Citizens in Ibiza

1. As a UK citizen after Brexit, am I considered EU or Non-EU?

You are considered a Non-EU citizen. UK nationals must now follow one of the non-EU residency pathways, such as the Non-Lucrative or Digital Nomad Visa, to live in Spain.

2. What’s the difference between the EU green certificate and the TIE?

The green certificate is a registration paper that proves the right of residency for citizens of the EU, EEA or Switzerland citizens. The TIE is a biometric identity card that proves the residency authorization for non-EU citizens. They serve a similar purpose but are legally distinct.

3. Do I need a military permit to buy property in Ibiza?

Only if you are a non-EU citizen and the property is located in an area designated as being of strategic interest. Your lawyer must verify this during the due diligence process.

4. Is the Golden Visa still available in Spain?

No. The Spanish government announced the termination of the Golden Visa program through real estate investment in April 2024. Non-EU citizens must now use alternative pathways to residency.

Understanding where the legal line divides right from permission is what determines whether you live in Ibiza or live in Ibiza legally.

This article provides general legal information and does not constitute legal advice. For case-specific guidance, please contact Almar Lawyers.

 

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