Andorra-France-Spain

Multilateral in force

INTRODUCTION

The trilateral Convention among the Kingdom of Spain, the French Republic, and the Principality of Andorra regarding the entry, movement, sojourn, and establishment of their nationals was signed on 4 December 2000. It came into force on 1 July 2003.

Andorra has strong historical ties with Spain and France, as the microstate is geographically located between the two countries. However, there was no free movement among the three countries; Andorra, unlike its neighbouring countries, is not a Member State of the European Union. The trilateral agreement recognises that previous agreements have eliminated border controls on individuals between the countries and that further regulation on the movement and establishment of individuals is, therefore, regarded as a priority.

A key feature of the trilateral convention is its asymmetry. While Spain and France grant Andorran nationals the right to reside in their territories on equal terms with EU citizens, Andorra does not extend a similar right for the establishment of French and Spanish nationals within its territory.

This entails that Andorran nationals can settle in France or Spain as workers, self-employed individuals, or non-economically active persons in the same manner as nationals of EU member states. However, Andorran nationals are treated slightly less favourably than EU nationals regarding access to public sector employment and family reunification. Conversely, the establishment conditions applicable to Spanish and French nationals should be at least as favourable as those applied by Andorra to nationals of any other state. This means that Spanish and French nationals who wish to settle in Andorra remain subject to immigration restrictions.

The agreement stipulates that nationals of a Contracting Party residing in the territory of the other Party (i.e. those holding a residence permit) shall be treated equally to nationals of that other state party in terms of study, employment, and self-employment. Additionally, it guarantees the right to family reunification for certain family members of nationals residing in another state party.

Andorran nationals residing in France or Spain are eligible for permanent residence under the same conditions as EU citizens living in another EU Member State (i.e., after continuous residence for five years). Spanish and French nationals who can demonstrate effective and uninterrupted residence and the undertaking of a professional activity in Andorra for at least five years are entitled to a long-term residence permit.

On December 12, 2023, the European Union concluded an Association Agreement with the microstates of Andorra and San Marino, thereby involving the countries participating in the regime discussed here. The Agreement aims to strengthen political and economic cooperation between the EU and the two countries. It also provides for the free movement of workers and non-economically active individuals between EU Member States and Andorra and San Marino (see Art. 14 Association Agreement and Annex V Associated State Protocol). However, recognising their limited size and capacity, both microstates retain the right to impose restrictions and quotas on movement. In April 2024, the European Commission adopted proposals for Council decisions regarding the conclusion of the Association Agreement between the EU and Andorra and San Marino. The agreement is still pending ratification.

STATE PARTIES

ANDORRA
FRANCE
SPAIN

2000	Andorra, France, and Spain sign the trilateral Convention on 4 December.
2003	Entry into force of the Convention on 1 July.

KEY LEGAL DOCUMENTS

Convention between the French Republic, the Kingdom of Spain and the Principality of Andorra on the entry, movement, sojourn and establishment of their nationals. Brussels, 4 December 2000. Available in Catalan, English, French and Spanish.

ADDITIONAL LEGAL DOCUMENTS

Instrucciones SGIE 2/2015, sobre aplicación en España del Convenio entre el Reino de España, la República Francesa y el Principado de Andorra relativo a la entrada, circulación, residencia y establecimiento de sus nacionales, de la Secretaría de Estado de Inmigración y Emigración, 17 December 2015.