Do Foreigners have to carry residency I.D?

If you are a foreign national residing in Spain, you will possess a residency document as proof of your permanent residence rather than a tourist visa.

The need to carry this document with you at all times raises some questions. For non-European Union (EU) citizens, this document takes the form of the Tarjeta de Identidad de Extranjero (commonly referred to as the TIE), while EU citizens and British nationals who have not yet exchanged their documents will hold the EU green residency card or sheet, known as the Certificado de Registro de Ciudadano UE.

Both the TIE and the green residency card contain essential information such as your NIE (Número de Identificación de Extranjero) number, date of birth, and address. However, unlike TIE cards and Spanish nationals’ DNI (Documento Nacional de Identidad) cards, the green residency certificates lack a photograph.

Numerous English-language sources suggest that carrying identification is compulsory in Spain, but this isn’t entirely accurate. What about residency documents? If you possess a TIE card, it essentially serves as an identification card, enabling authorities to identify you accurately.

As per Spain’s Organic Law for the Protection of Citizen Security, commonly referred to as the “Gag Law,” established on March 31st, 2015, Article 9.2 specifies that carrying identification is not mandatory, but it is obligatory to identify oneself when requested by authorities. Furthermore, the law states that authorities have the right to request individuals without identification to accompany them to the nearest police station for proper identification.

Consequently, carrying your TIE in your wallet every time you leave your residence is not strictly necessary, but it may be a prudent precaution to avoid potential inconveniences.

In the case of the EU green residency card, used by EU citizens and pre-Brexit British arrivals who haven’t transitioned to a TIE, it cannot be considered a valid ID card due to its lack of a photograph. Additionally, the older A4-sized certificates, made of paper, are fragile and inconvenient for daily carry. While the green residency document can serve as proof of residency, it should be presented alongside another form of identification, such as a passport, to establish your identity.

With regard to residency documents, Article 205 on rights and duties stipulates that “Foreigners who are in Spanish territory have the right and obligation to keep, in force, the documentation with which they entered Spain, which proves their identity, issued by the competent authorities of their country of origin, as well as the one that proves your situation in Spain.” This encompasses both ID documents from your home country, like your passport, and your Spanish residency document, which verifies your status in Spain.

The article further underscores that “foreigners are required to present the documents referred to in the previous section when requested by the authorities or their agents in the course of their duties.” In other words, while not mandatory, you should be prepared to produce your residency document when requested by law enforcement or other authorities.

It’s important to note that none of these laws stipulate punitive measures for failing to carry your TIE or green residency card. However, if asked by authorities, you may need to retrieve it from your home and present it at the nearest police station for verification.

Nonetheless, certain situations necessitate the presentation of your residency documents, such as job applications to demonstrate your eligibility to work, self-employment registration, marriage or civil partnership registration (pareja de hecho), tax agency registration, or appointments at local foreigners’ offices. Additionally, displaying your residency document alongside your passport when entering or leaving the country via airports is advisable to inform officials of your permanent residency status in Spain, differentiating you from tourists on short-term stays.