Do I have to carry my identification documents when out and about in Spain? This is a question that Ronda Today gets asked all the time amongst foreign nationals visiting and living in Spain. The short answer is YES!
Every country has its own rules, and of course there is overriding EU law that needs to be considered as well.
So, do I have to carry my identification documents when out and about in Spain? The short answer is yes you do! Read on to find out why…
The Importance of Carrying ID in Spain
Welcome to our podcast, where we explore essential travel and cultural insights for visitors and residents in Spain. In this episode, we delve into the legal and cultural significance of carrying identification in Spain—a requirement that applies to both locals and foreign nationals.
Carrying id in Europe
So, what exactly is the problem? Most British people don’t have an ID card, and refuse to carry their passports every time they leave the hotel or home. People from Germany and other European states have an ID card, but in some countries you only need to have an ID card, (you don’t need to carry it with you at all times or show it on demand.)
Interesting article: How to avoid high roaming charges while traveling abroad?
Carrying identification in Spain
Spanish citizens all have an identity card known as a Documento Nacional de Identidad (DNI), and the overwhelming majority carry it on them at all times. The card was once most often used when making credit card purchases, but almost any activity that requires proof of identity will see them present their DNI.
Anyone being stopped by any type of police will almost certainly be asked to produce some kind of identification
This leaves foreigners (especially British citizens) in the curious position of not understanding Spanish, UK and EU law. If the Policia National or Guardia Civil stop you and demand identity many of us become frustrated when the authorities will not accept our excuse that it is not compulsory to carry our passport or Id card.
In fact under Spanish law we are wrong. Everyone in Spain must carry government issued ID at all times, regardless of whether we are Spanish, an EU national, or a foreigner living or holidaying in the country. The specific law is Article 4 of Organic Law 4/2000 which states in unambiguous terms that foreign nationals in Spain must carry identity documents issued by the country of citizenship. The operative word is ‘carry’ – not to be confused with keep at home.
Thus, if you are visiting or living in Spain, and you don’t have Spanish government issued photo ID, you must carry at all times your own nation’s photo ID, in the case of British citizens this means our passport.
Do you get time to produce your identification in Spain? No!
There is no obligation on the part of authorities in Spain to give you 72 hours or some other reasonable amount of time to present your document. Quite simply, if you do not produce an identity document on demand when asked by law enforcement officers (Policia Nacional, Guardia Civil, Policia Local etc) then you could be detained and fined.
Most officers of the law will let you off with a stern verbal warning if you don’t have your ID on you, but this is not a requirement on their part.
What does EU law say about carrying identification in Spain?
Of course most of us will wonder what European Union law says about carrying ID, and I’m afraid to report the news doesn’t get better. The issue of foreign residents in Spain has never been tested in the European Court of Justice so we need to look at EU directives to find an answer, and directive 2004/38/EC, Official Journal L 158, 30 April 2004 which covers citizenship.
Specifically, the directive grants all EU citizens the right to move freely within the EU, and without a visa for any purpose. This includes people choosing to reside in Spain. The right of each nation to retain the ability to carry out identity checks on demand is reserved to each state, so if you live in Spain, Spanish law WILL apply.
An important point for UK citizens after “brexit”
As 3rd country citizens, people from the United Kingdom have to carry an ID legal document with them at all times in Spain by law and this includes the one that confirms that they are living legally in Spain. That is the TIE. (Tarjeta de identidad de extranjero)
An even more important NOTE: Its now compulsory to exchange the green A4 residencia for a TIE, UK citizens carrying only the green document will find themselves in trouble if they try to use it as a means to enter the country or identification purposes. The document they have does not say the truth, as they are no longer EU citizens. (The A4 document clearly states That the certificate is for a citizen of the EU.) This document also states that it is not a valid method of identification of the carrier!
If you need any help with changing your A4 residency certificate for the TIE then contact Rey Expat Advisors: https://www.reyexpatadvisors.com/
You must carry a valid ID card or passport at all times in Spain
If you are in Spain (no matter what country you are from), you must carry a valid ID card or passport at all times, and failure to do so could see the police detain you temporarily whilst they ascertain your identity, and furthermore, it is within their rights to issue a fine.
Carrying ID when visiting or living in Spain is obligatory :)
Identity and Security: Exploring the Cultural Significance of Carrying ID in Spain
In this article, “UK citizens must carry a valid ID or passport in Spain at all times,” we explored the practical and legal aspects of ID requirements for residents and travelers in Spain. While it’s crucial to understand the legal necessity of carrying identification, there’s another layer to this practice that delves into the cultural and societal norms surrounding ID cards in Spain. This article aims to uncover the historical, social, and psychological dimensions of ID cards, providing a deeper understanding of their significance in Spanish society.
Historical Context
The use of identification cards in Spain dates back to the early 20th century, with the introduction of the “DNI” (Documento Nacional de Identidad) in 1944. This was a time when establishing a unified national identity was crucial for administrative and security purposes. Over the decades, the DNI has evolved not just as a legal document but as a symbol of citizenship and national identity. The Franco regime, in particular, utilized the DNI to exert control and maintain order, which has left a lasting impact on how ID cards are perceived.
Social and Cultural Significance
In Spain, carrying an ID card is more than just a legal requirement; it’s a cultural norm that reflects the societal values of trust, security, and identity. The DNI is often seen as a key to accessing various services, from healthcare to banking, and even voting. This ingrained practice highlights the trust placed in the state to manage and protect personal information, fostering a sense of security among citizens.
Moreover, the ID card serves as a tangible connection to one’s personal and national identity. It encapsulates an individual’s legal status, familial ties, and even personal milestones, such as changes in marital status. This multifaceted role of the DNI underscores its importance in daily life, reinforcing the idea that one’s identity is closely tied to their documentation.
Psychological Impact
On a psychological level, the possession of an ID card can significantly influence one’s sense of belonging and security. For many Spaniards, the DNI is a source of pride, symbolizing their rights and responsibilities as citizens. The act of carrying an ID card can provide a sense of reassurance, knowing that they are recognized and protected by the state.
For expatriates and travelers, adapting to this norm can be an adjustment. However, understanding the cultural importance of the DNI can aid in integrating into Spanish society. It’s not just about complying with the law but also about embracing a practice that is deeply rooted in the country’s collective consciousness.
Practical Considerations for Expats and Travelers
As highlighted previously, it’s essential for UK citizens and other expatriates living in or visiting Spain to carry a valid ID or passport at all times. While the legal implications of not having an ID are significant, being aware of the cultural backdrop can enhance one’s experience and interaction with local customs.
Understanding that the ID card represents more than just a bureaucratic necessity can foster a greater appreciation for its role in everyday life. It encourages respect for local practices and can ease the transition for those looking to immerse themselves in Spanish culture.
Conclusion
The practice of carrying ID in Spain is deeply embedded in the nation’s history and societal norms. The DNI is not just a tool for legal identification but a symbol of personal and national identity, reflecting a complex interplay of trust, security, and cultural values. By appreciating the historical and cultural significance of ID cards, expatriates and travelers can gain a more profound respect for this practice, enhancing their experience in Spain.
Ronda Today
Everything you need to know before you visit Ronda “The city of dreams” in Andalucia. https://rondatoday.com/
Visit Cádiz
Planning on visiting Cádiz? Tourist information. Monuments. Hotels. Activities. City guides: https://visitingcadiz.com/
The Caminito del Rey
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Wildside Holidays – Spain
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Iberia Nature Forum
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I’ve been living in this lovely area of Western Andalucia for the last 20 years or so and dedicate most of my time to the running of English language tourist information websites for the towns of Cádiz, Ronda, Grazalema, the famous or infamous Caminito del Rey, and also Wildside Holidays, which promotes sustainable and eco-friendly businesses running wildlife and walking holidays in Spain. My articles contain affiliate links that will help you reserve a hotel, bus, train or activity in the area. You don’t pay more, but by using them you do support this website. Thankyou!
You mentioned that he law states ” issued by the country of citizenship” , therefore your residency card should not be sufficient as you are not a Spanish citizen, just a resident. You are still a UK citizen so therefore should be carrying your passport.
surely a copy of your passport would b better
According to what you have written here then, the British Government on their website http://ukinspain.fco.gov.uk/en/help-for-british-nationals/passports/how-to-apply/spain are encouraging us to break spanish law!! How nice of them.
hello, then you dont need to apply for it? at all? with the passport is enough? what about when you get a job??? thank you very much.
How very interesting. Would a british driving licence with photo id suffice or it has to be a passport? I, and assume most of us, don’t want to carry our most valueble document with us all the time. I certainly bound to loose it and can not bear thinking of the hassle and cost it would take to replace it.