The drama of the Spanish NIE bureaucracy
Guide to applying without paying €400
This article is probably the one I was least keen to write, but it is also one of the most useful of all my articles. However, after the nervousness of the last few weeks and months (habemus NIE or non habermus NIE??), perhaps it really is better to put a few tips on the digital page.
1. What is a NIE number?
NIE is the abbreviation for numero de identificación de extranjero in Spanish. You should know that in Spain, all citizens are numbered with a DNI number (documento de identidad). This is a unique number for life, like the national insurance number, for example. At the same time, there is the NIE number for foreigners who live or work in Spain.
2. Who needs a NIE number?
Anyone who wants to take part in legal transactions in Spain without being a Spanish national needs this number, although a distinction must be made as to whether they are EU citizens or non-EU foreigners and what legal transaction is involved. There may be exceptions, but in general, it can be said that anyone who would like to work in Spain with a valid employment contract needs this number. And that brings us to the musicians who come to us as temporary workers.
3. Employment as a musician in a Spanish symphony orchestra
A distinction must be made here between employment as a soloist outside the orchestra or as a replacement for an orchestral soloist or tutti in an existing position. While a soloist or director can be contractually bound with a so-called Contrato Mercantil (own legal requirements), orchestral musicians must be contractually bound in the same way as the person they are replacing, i.e. with a regular employment contract.
4. Submission of the employment contract to the social insurance organization
The employment contract must then be reported by the orchestra to the social security authorities, for which a national insurance number for the artist must first be applied for. However, this can be done by the orchestra without any problems. The catch, however, is that the social insurance company in turn reports the conclusion of the employment contract to the labor inspectorate (SEPE) and this requires our famous NIE number. Otherwise, we are committing an administrative offense.
5. What is the problem with the NIE number?
The NIE number must be applied for personally by the musician (applicant) at a competent police authority. The problem lies in the words ‘personally’ and ‘police authorities’.
PERSONAL = the applicant must appear in person at least once with an identity document or provide proof of representation by means of a notarized deed.
Problem 1= Musicians travel a lot and notarized documents cost a lot of money.
POLICE AUTHORITY = The state police authorities of the Policia Nacional are responsible for issuing the NIE number. You can contact them anywhere in Spain at the relevant offices or via the Spanish embassies and consulates abroad.
Problem 2 = Musicians travel even a lot more and sometimes live quite far away from the nearest embassy or consulate.
Problem 3 = The allocation of appointments both before the police authorities and at embassies and consulates. It can sometimes take 3 months just to get the first appointment. But that’s not all. It is common practice to only make these appointments available on a certain day of the week at a certain time, here in Las Palmas de Gran Canaria on Friday morning for the following week. It’s obvious what a mess this leads to. My inner lawyer also rebels against this practice, but it’s no longer my job to take action against it. Now, my job is to legally bind musicians to contracts without provoking a visit from the labor inspectorate at the orchestra.
6. Please take the issue seriously!
My years of experience show that apart from these 3 standard problems, hundreds of other problems can arise in the process, e.g. due to communication problems when the application is made at an embassy or consulate (it is said that an embassy has refused to accept English when the musician did not speak Spanish, no joke) or due to errors in a contractual commitment of the musician years ago (where the NIE number was not submitted properly), which has a negative impact on the current processing.
This means: please get to work as soon as you know about your engagement and do not waste any valuable time. In case of doubt, you don’t know where the shots are coming from! It is unacceptable for any orchestra to be left without a concertmaster or 1st oboe overnight because of a failed NIE application. And it is also in your own interest to be properly covered.
7. So what do you have to do?
a. Apply for an initial appointment for the application
Where? At any Spanish embassy or consulate
At the specific offices of the Policia Nacional in Spain
How?
Here on this page you will find all the relevant offices and the appointments available of the Policia Nacional
Link: https://sede.administracionespublicas.gob.es/pagina/index/directorio/icpplus
Here you will find a list of all Spanish embassies and consulates
Link: https://www.exteriores.gob.es/es/EmbajadasConsulados/Paginas/index.aspx
Tip 1: Don’t just think about the obvious places to apply for it if you are in a hurry!
Also try authorities in smaller towns or at less obvious addresses.
It takes much longer to get an appointment at the big embassies or police authorities in tourist areas (Berlin, Amsterdam, LPGC, Palma de Mallorca … 3 months is normal) than with the smaller ones (e.g. Fuerteventura allocates appointments quickly and you get the NIE number immediately in the same appointment).
Tip 2: Combine the necessary with the pleasurable!
Simply arrive or depart a few days earlier or later.
Use other stays before the affected engagement to get an appointment, e.g. at a Spanish consulate in a third country.
b. Fill out the form
Link to the form: https://www.inclusion.gob.es/documents/410169/2156469/15-Formulario_NIE_y_certificados.pdf
Enter the personal data (point 1) at the top of the first page. Point 2 is for cases of representation and point 3 if you need to provide an address for service. In my experience, however, only point 1 is completed. Please do not simply omit the names of the mother and father!
Usually, you have to tick or write on the 2nd page:
Número de identidad de Extranjero (NIE) ⃝
Certificado de no residente ⃝
Motivos (reasons): Briefly describe the employment relationship, where and when
Lugar de presentación (place of submission): depending on where you submit the form
Situación en Epsaña (situation in Spain): Estancia (residence) ⃝
On page 3, enter the details of your underlying document (passport or identity card)
c. Pay the fee using the following form
Link to the form: https://sede.policia.gob.es/Tasa790_012/ImpresoRellenar
You usually have to tick the box:
Asignación de Número de Identidad de Extranjero (NIE) a instancia del interesado ⃝
Tip 3: If you do not go to a police authority on Spanish territory, please ask about the method of payment. According to my experience, there may be local peculiarities.
d. Clarify locally when and how you will receive the NIE number
- at the same time
- in a 2nd personal appointment
- iii. by e-mail
- others
e. Inform your orchestra about all steps
Especially about the first appointment. And as soon as you have the receipt with the NIE number, pass it on to the artistic department or the orchestra’s personnel department or social security.
8. A NIE number costs no money!
Tip 4: The most important tip of all!
Applying for a NIE number does not incur any costs other than the small fee of €9.84.
Therefore, BEWARE of pawn catchers’ offers on the Internet from so-called law firms, which in a first step block all available appointments and thus contribute to the tension of the NIE situation in order to then sell their services for expensive money. Logically, these providers require a notarized power of attorney, which costs them money, but all in all, they are totally overpriced. From my experience, I know that musicians have paid up to €400 for a piece of paper with a number. So, please be on your guard. Inform yourself!
Tip 5: The social insurance has 3 months after registration (of the new employment relationship) to submit the NIE number to the labor authority – this gives you leeway. However, do not rely too much on this deadline, especially if you do not know exactly whether everything has been done correctly in advance for other employment relationships in Spain.
The process of applying for an NIE number in connection with the special features of symphony orchestras is like an adventure course that should not be underestimated. There are surprises at every turn.
Disclaimer:
This article is about my experience with musicians in the artistic operation of an orchestra and does not constitute legal advice from a licensed attorney. In an emergency, please seek the advice of a lawyer authorized by a Spanish Bar Association.
Nicole Martín Medina
Las Palmas de Gran Canaria
January 2025
(Originally written in German/ English translation Deepl/ Revision NMM)
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PLEASE NOTE:
This article is also available:
Spanish: https://nicolemartinmedina.com/nie-para-musicos-de-la-ue/
German (original): https://nicolemartinmedina.com/de/nie-fuer-eu-musiker/
