Do You Have To Carry ID With You In Spain?

The issue of whether individuals, including both Spanish nationals and foreigners, must carry government-issued ID at all times in Spain has been a subject of uncertainty and discussion.

In the following sections, we will elaborate on the specifics of this requirement and its implications for foreigners living or travelling in the country.

ID Card Requirement for Residents

For Spanish nationals and foreigners alike, the legal framework regarding ID cards can be found in Spain's Organic Law for the Protection of Citizen Security, also known as the Gag Law, which was approved on March 31st, 2015.

According to Article 9.2 of this law, carrying identification documents at all times is not mandatory. However, individuals are obliged to identify themselves when requested by the authorities. Failure to do so may result in the authorities requiring the person to accompany them to the nearest police station where proper identification can take place.

For foreigners residing in Spain, they are required to have identity documents, such as the Tarjeta de Identidad de Extranjero (TIE) or EU green residency card, if they are over 14 years old and intend to stay in Spain for more than six months. The green residency certificates for foreigners do not have a photo, unlike the TIE cards and Spanish nationals' DNI cards. It is essential to understand that while carrying ID at all times is not obligatory, it is advisable to have it to avoid inconvenience during encounters with Spanish authorities.

Do tourists need to carry ID?

Tourists in Spain are also required to identify themselves when requested by police. A passport is the only universally accepted ID for non-residents. While you are not legally required to carry it everywhere, failure to present valid ID when asked may result in temporary detention while police verify your identity.

Consequences of Not Carrying ID

In Spain, the authorities do not have the authority to impose fines or penalties solely for the absence of carrying an ID card or passport, even for foreigners. However, if someone is approached by law enforcement officers (Policia Nacional, Guardia Civil, Policia Local) and they are unable or unwilling to provide identification, they may be detained until their identity is verified. The maximum detention period in such cases is six hours.

If the police suspect that an individual is deliberately refusing to identify themselves, they may issue fines ranging from 100 to 600 euros for minor infractions, and up to 30,000 euros for more serious breaches.

How ID checks work in practice

Police officers may request identification during traffic stops, in airports, near public events, or when investigating suspicious activity. Officers will usually accept a passport, TIE, DNI, or recognised residency document. Digital photos or photocopies are not considered valid forms of ID under Spanish law.

European Union Citizens' Rights

European Union citizens, including those who choose to reside in Spain, have the right to move freely within the EU without the need for a visa. However, individual EU member states reserve the right to conduct identity checks on demand. Therefore, if you are an EU citizen living in Spain, Spanish law will apply, and carrying your valid ID card or passport is advisable.

EU citizens applying for services online or dealing with Spanish public administrations may also find it useful to obtain a Cl@ve PIN or a digital certificate, both of which streamline identification with Spanish authorities.

Importance of Having Valid ID

While verbal warnings are often given for not having ID on hand, there is no requirement for law enforcement officers to issue such warnings. To avoid any complications, it is strongly recommended that foreigners, especially non-drivers, carry a valid passport with them at all times in Spain. Notarised copies of identification documents, such as a driver's licence or passport, are not accepted as valid identification.

If your ID is lost or stolen

If your passport, DNI, or TIE is stolen, you must file a police report (denuncia) as soon as possible. This report is required to obtain a replacement document. For travellers, embassies will only issue an emergency travel document once a police report has been filed.

Spain’s public security laws apply nationwide, so autonomous communities cannot override national rules on identification requirements.

Conclusion

In conclusion, while it is not strictly mandatory to carry ID at all times in Spain, it is in the best interest of residents, tourists, and foreigners to have a government-issued ID card or passport readily available. Identification on request is compulsory, and failure to provide it may lead to temporary detention for verification. Keeping valid ID with you helps ensure smoother interactions with Spanish authorities and avoids unnecessary administrative hassle.

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