In this piece on the Non Lucrative Visa Spain, we’ll detail every requirement necessary for a successful application.
As previously mentioned in other news and articles on Spainguru, in order to obtain a temporary residence permit in Spain without engaging in work or professional activities, foreign applicants must fulfill several requirements.
List of requirements to apply for the Non Lucrative Visa Spain
The requirements that we must meet to apply for the Non Lucrative Visa Spain are:
a) Not being illegally in Spanish territory.
b) In the event that the applicant is of legal legal age (18 years old and more), lack of criminal records in Spain and in the previous countries where they have resided during the last five years, for crimes under Spanish law.
c) Not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this sense.
d) Have sufficient financial means to meet their maintenance and subsistence expenses, including, where appropriate, those of their family, during the period of time for which they wish to reside in Spain. All this without the need to develop any work or professional activity, in accordance with the provisions of this section.
Check out our article Is it possible to work remotely on a non-lucrative visa in Spain in 2023?
e) Have public insurance or private health insurance arranged with an insurance entity authorized to operate in Spain. Get your fully compliant health insurance for the NLV application here.
f) Not being, where appropriate, within the commitment period of non-return to Spain that the foreigner has assumed when returning voluntarily to his country of origin.
g) Not suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005. Get your medical certificate fully online here!
h) Having paid the fee for processing the procedures. You will need 2 copies of form 790 code 052, ticking box 2.1 (initial temporary residence permit – “Tramitación de autorizaciones para residir España. Autorización de residencia temporal por circunstancias excepcionales …“). It generates the fee when you fill it in, (Which as of 2023 is €10.94). Make sure that all data matched (E.g.: postcode), otherwise you may have problems downloading it.
How much money do you need to get a Non Lucrative Visa Spain?
Foreigners who wish to reside in Spain without carrying out a work or lucrative activity must have sufficient financial means for the period of residence they request, or prove a source of periodic income, for themselves and, where appropriate, their family, in the following amounts, which are established as minimums and refer to the time of visa application or authorization renewal:
a) For their support, during their residence in Spain, an amount that represents 400% of the IPREM monthly in euros. (Or its legal equivalent in foreign currency). The IPREM is the index that sets the quantity needed to apply and renew the Spanish Non-lucrative Visa
b) For the support of each of the family members under their care, during their residence in Spain, an amount that represents 100% of the IPREM monthly in euros. (Or its legal equivalent in foreign currency). Amount to be credited in addition to that referred to in section a) above.
In both cases, the global amount of economic means must assume the disposition of the monthly amount calculated based on the provisions of the previous section, in relation to the validity period of the requested authorization.
You’ll want to ensure that these funds are readily available for the entire duration of your stay. How to prove you’re well funded? Present evidence of steady passive income or a hefty savings account. Valid proofs include title deeds, certified checks, or even credit cards. Just remember to pair those cards with bank statements showing your credit limit.
A heads up: If you’re drawing funds from business shares in Spain, you’ll need to prove you’re not working for those companies. You will need to submit a certification and a statement declaring your non-involvement in the daily activities.
Do you pay tax in Spain if you have a non-lucrative visa?
In Spain, the non-lucrative visa allows non-EU individuals to reside without working, but tax liability is determined by residency status and income source. If you reside for over 183 days in a calendar year, you’re considered a tax resident, making you liable for Spanish income tax on worldwide income. Conversely, if in Spain for 183 days or less, you’re only taxed on Spanish-sourced income. Despite visa type, it’s crucial to consult a tax professional due to potential complexities, especially if you approach or exceed the 183-day threshold.
The Non Lucrative Visa Spain application
The foreigner who wishes to temporarily reside in Spain without carrying out work or professional activities must personally request the corresponding visa, according to the official form. The application for the non-lucrative residence permit must be submitted at the Spanish embassy or consulate in the applicant’s place of residence. The Ministry of Foreign Affairs and Cooperation, if there is a justifiable cause, may determine another diplomatic mission or consular office in which it is appropriate to submit the request.
What if I live in the UK, then which Spanish Consulate corresponds to me?
Needed documentation to apply for a Non Lucrative Visa Spain
a) Valid passport or travel document, recognized as valid in Spain, with a minimum validity of one year.
b) Criminal record certificate, or equivalent document, in the case of applicants of criminal age, issued by the authorities of the country of origin or of the country or countries in which they have resided during the last five years, and that certifies compliance with the requirement set forth in section b) of article 46. E.g.: For the US, FBI Background check duly apostilled (Federal Apostille at the Department of State) and translated by a Spanish sworn translator. For the UK, and ACRO Certificate, apostilled (Get your discounted UK apostilles here) and translated by a Spanish sworn translator too.
Check out our articles How to get an FBI background check in 2 weeks instead of 6 and How long does it take to obtain a UK ACRO certificate and how do I obtain it?
c) Documents proving compliance with the requirements set forth in sections d) and e) of article 46. That is, that the applicant must have enough financial resources to cover their living expenses and those of their family, if applicable, during their intended stay in Spain without the need to work or engage in any professional activity. Additionally, they must have public or private health insurance from an authorized entity operating in Spain.
d) Medical certificate proving compliance with the requirement set forth in section g) of article 46. Applicants must provide a medical certificate issued by a licensed physician stating that the applicant does not have any illness that may pose a threat to public health in accordance with the International Health Regulations of 2005. This certificate must be issued within 90 days prior to the submission of the visa application.
Upon submission of the non-lucrative visa application, it will be promptly registered in the designated visa system. Subsequently, the relevant Government Delegation or Sub-delegation, within whose jurisdiction the applicant resides, will review the application and its accompanying documentation to ensure compliance with the stipulated requirements, including verifying the absence of a criminal record in Spain.
It is imperative for applicants to note that the Government Delegation or Sub-delegation is obligated to reach a decision regarding the grant or denial of the residence permit within a one-month timeframe from the date of application receipt. During this period, the Delegation or Sub-delegation will contact with the General Directorate of the Police and the Civil Guard (Guardia Civil) to obtain reports on security and public order. Additionally, a thorough check will be made with the Central Registry of Convicts.
Upon conclusion of the assessment, the Government Delegation or Sub-delegation will document the decision in the appropriate system, ensuring that the Ministry of Foreign Affairs and Cooperation and the respective consular office or diplomatic mission are informed. It’s worth noting that the final validation of the non-lucrative residence authorization is contingent upon visa issuance (if applicable) and the applicant’s formal entry into Spanish territory.
In the event that a decision is not communicated within the stipulated one-month period, or if the decision is unfavorable, the diplomatic mission or consular office will undertake the responsibility of notifying the applicant and will subsequently decide on the further course of action regarding the visa application.
If the authorization is granted, the diplomatic mission or consular office will resolve and issue the visa. It will do so after assessing compliance with the requirements set forth in sections a), c), d), e) and g) of article 46, as well as that set forth in section b) regarding the lack of criminal records in previous countries of residence of the foreigner and the one contemplated in section h) regarding the fee for processing the authorization procedure.
Reasons for Visa Denial
a) When compliance with the requirements set forth in article 46 is not accredited, the assessment of which corresponds to the diplomatic mission or consular office.
b) When, to substantiate the visa request, false documents or inaccurate allegations have been presented, or there is bad faith.
c) When there is a legally provided cause of inadmissibility for processing that had not been appreciated at the time of receipt of the application.
The granting of the visa
Upon receiving the official notification of visa approval, the applicant is mandated to personally retrieve the visa within a one-month timeframe. A failure to do so will be construed as the applicant’s forfeiture of the visa, leading to the closure and archiving of the application procedure.
Subsequent to the visa’s collection, the applicant is obliged to make entry into Spanish territory in alignment with the regulations outlined in Title I. It is crucial to note that this entry must occur within the visa’s validity duration, which will never exceed a three-month period.
Following successful entry into Spain, the applicant is required to personally present themselves at the designated Immigration Office or Police Station within a month to initiate the process for obtaining the Foreigner Identity Card, commonly known as TIE. This card will mirror the duration of the approved temporary residence authorization, and once processed, will be provided to the applicant.”
Consulate Variations and Requirements
Regrettably, each consulate has its own interpretation of the Spanish Non-lucrative visa application regulations. As a result, the requirements they demand may differ significantly from one another. Here are some examples:
- Is proof of enrollment in private school for minor children required when applying for NLV application at the consulate?
- Does having a mortgage negatively impact the application for a Non-lucrative visa in Chicago or New York?
- Are passports always held during the Non Lucrative Visa Spain Process?
- Have any US Citizens gotten a second passport in order to travel to Spain while their passports were unavailable (aka with the consulate) due to the visa process?
To stay informed about the requirements of your particular consulate, make sure to join Spainguru’s Spanish Non-lucrative visa facebook group!
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If you need help from experienced immigration experts to help you with the NLV application or renewal, get a consultation here!
Effects of the visa and duration of the initial residence authorization
The issued visa will incorporate the initial authorization of residence. Its validity will begin from the date of entry into Spain. This must necessarily appear in the passport or travel document.
The initial authorization of temporary residence will last for one year.
Extraordinary residence permits and visas
The Ministry of Foreign Affairs and Cooperation, to deal with extraordinary circumstances and in compliance with the objectives of the foreign policy of the Kingdom of Spain and other Spanish or European Union public policies, especially immigration policy, economic policy and national security, public health or international relations of Spain, may order a diplomatic mission or consular office to issue a residence visa.
The General Directorate of Consular and Immigration Affairs will inform the Secretary of State for Immigration and Emigration of the issue. In addition, it will send a copy of the documents mentioned in sections a), b) and d) of article 48.2 of these Regulations, for the purpose of granting the visa to the interested party, following a report from the head of the Spanish Secretary of State Security (Secretaría de Estado de Seguridad), for an extraordinary residence authorization issue.
How long can you stay in Spain on a non-lucrative visa?
The Non Lucrative Visa Spaininitially grants a residence permit for one year. After the first year, holders of the non-lucrative visa can apply for a renewal, and the subsequent renewals are typically for two-year periods. After five continuous years of residency in Spain, one may be eligible to apply for long-term residency or even Spanish citizenship. However, to maintain and renew the non-lucrative visa, you typically need to meet certain requirements, including proving that you have sufficient funds to support yourself without working in Spain and having private health insurance. It’s essential to be aware of specific renewal criteria and ensure timely applications to avoid any lapses in residency status.
A key stipulation for the Non-lucrative visa in Spain mandates holders to stay in the country for a minimum of six months annually, consequently establishing them as tax residents. However, in 2023, the Spanish Supreme Court rescinded the rule that revokes temporary residency for absences over six months. This decision affects temporary residency renewals and tax considerations, but not the criteria for permanent residency or citizenship; adhering to the initial six-month guideline remains recommended.
The Non Lucrative Visa Spain renewal
The Non lucrative visa Spain renewal must be done at the local Immigration Office (Oficina de Extranjería) within 60 days before your visa expires. The initial authorization was valid for a year from your entry date in Spain. If you apply within this 60-day window, your current visa stays valid till the renewal is processed. Missed the deadline? You’ve got an extra 90 days post-expiration, but be wary – this might trigger an overstay penalty process.
Check out our dedicated article for the Spanish non-lucrative visa renewal process in 2023
The Non Lucrative Visa Spain renewal requirement
For the renewal of a Non-lucrative temporary residence permit, the applicant foreigner must meet the following requirements:
a) Be the holder of a valid non-lucrative residence authorization or be within ninety calendar days after its expiration.
b) Have sufficient financial means to meet their living and subsistence expenses, including, where appropriate, those of their family, during the period of time for which the renewal corresponds, without the need to carry out any work or professional activity, in the terms established in article 47.
c) Have public insurance or private health insurance arranged with an insurance company authorized to operate in Spain.
d) Have minors in their care of compulsory school age enrolled during their stay in Spain.
e) Having paid the fee for processing the procedure.
The application, in an official model, must be accompanied by documentation proving that the requirements indicated in the previous section are met, among others:
a) Copy of the complete valid passport or travel document (All pages), recognized as valid in Spain.
b) The documents that prove the economic resources or the economic means sufficient to meet their living and subsistence expenses. As well as health insurance, during the time for which the residence is intended to be renewed without carrying out work or professional activity. Check out our article How many months of bank statements are needed for the Non Lucrative Visa Spain renewal process for years 2-3?
c) Where appropriate, a report issued by the competent regional authorities certifying the schooling of minors of compulsory school age who are in their charge.
In the event that, based on the documentation submitted together with the application, the schooling of minors of compulsory school age who are in charge of the applicant is not accredited, the Immigration Office will inform the competent educational authorities of this circumstance. It will expressly warn the foreign applicant in writing that if schooling does not take place and the corresponding report is submitted within thirty days, the authorization will not be renewed.
For the renewal of the authorization, the following will be assessed, where appropriate, upon ex officio request of the corresponding reports:
a) The possibility of renewing the residence permit for foreigners who have been convicted of committing a crime and have served their sentence, those who have been pardoned or are in a situation of conditional remission of sentence or suspension of sentence grief.
b) Failure to comply with the foreigner’s obligations in tax and Social Security matters.
Similarly, the foreigner’s effort to integrate will be recognized based on a positive report from the Autonomous Community where they reside. This effort can be cited by the foreigner as evidence if they can’t meet all renewal requirements.
The report will, at a minimum, confirm the foreigner’s active involvement in training programs that promote understanding and respect for Spain’s constitutional and statutory values, European Union values, human rights, public liberties, democracy, tolerance, and gender equality. It will also assess their effort in learning the local official languages. This certificate will specify the hours dedicated to such training.
Both private entities with proper accreditation and public entities will be considered in evaluating the training received.
Renewal Process and Duration for the Residence Permit in Spain
The renewed residence permit will last for two years unless a long-term or EU-long-term permit is required.
The decision will be communicated to the applicant. If no decision is made within three months after application submission, it will be considered approved.
Following the renewal notice, the individual must renew their Foreigner Identity Card (TIE) within one month.
Non Lucrative visa Spain FAQs
Can I buy a property in Spain with a non-lucrative visa?
Absolutely, you can buy property in Spain on a non-lucrative visa. This visa lets you live in Spain but doesn’t allow work. So, while you can own and enjoy a property, generating income from it (like renting it out) might have some strings attached. Always smart to chat with a local lawyer if you’re thinking about investing.
What is the difference between Golden Visa and non lucrative visa in Spain?
The Golden Visa and the Non-Lucrative Visa in Spain cater to distinct groups: the Golden Visa is an investment visa aimed at non-EU nationals who make significant financial investments in Spain, such as buying property worth at least €500,000. In contrast, the Non-Lucrative Visa is for those intending to live in Spain without working, typically suitable for retirees or individuals with a steady passive income.
Can you work remotely on a non lucrative visa Spain?
On a Non-Lucrative Visa in Spain, holders are not permitted to carry out local employment or business activities in Spain. We highly recommend you to read “Is it possible to work remotely on a non-lucrative visa in Spain?”
The experience of Spainguru Community members at the different Spanish Consulates
- My experience dropping off paperwork for an Non Lucrative Visa Spain at the NYC Consulate
- First-hand perspective: Our approved Non Lucrative Visa Spain at Washington DC’s Spanish consulate
- First-hand perspective: Our Non Lucrative Visa Spain application at Los Angeles Spanish consulate
- First-hand perspective: Applying for my Non Lucrative Visa Spain at Washington DC’s Spanish consulate
- First-hand perspective: Applying for my Non Lucrative Visa Spain at Chicago’s Spanish consulate
- First-hand perspective: Applying for my Non Lucrative Visa Spain at San Francisco’s Spanish consulate
- First-hand perspective: Applying for our Non Lucrative Visa Spain at Boston’s Spanish consulate
- First-hand experience: My Non Lucrative Visa Spain approval process (Los Angeles consulate)
- First-hand experience: My Non Lucrative Visa Spain approval process (NYC consulate)
- First-hand perspective: Applying for our Non Lucrative Visa Spain at London’s Spanish consulate
- First-hand experience: The costs of our Non Lucrative Visa Spain application in London
