Question about the non lucrative Spain visa 183 day rule
So, one has to be in Spain 183 days to be elegible for renewal of their non lucrative Spain visa. What parameters flank that counting of days? The start date and expiration date of the TIE card (if the initial year)?
Maybe an example is better. Let’s say my visa is issued and we arrive in Spain Nov. 1, the initial TIE would start that date and end Oct. 31 the following year. If we stayed in Spain from arrival through March of following year (about 150 days total) then leave Spain and return again in early Sept (aggregating another 60 days before renewal comes up), would we have met the requirement?
And would there be some similar configuration to consider assuming the renewal is approved and how the time in country is calculated based on that two year TIE validity?
Answers
These are the answers of Spainguru Facebook group members:
“Your TIE start date will actualy be the date you have entered so the date on the card”
“You get up to 6 months in one trip and total of 10 months in the first 5 years. So Spain expects you to live here pretty much full time. If you don’t meet the amount of days your renewal will be denied. A lot of people don’t think about 5 year point in their first year and screw themselves.”
“For the 5-year permanent residence permit minimum stay, there is a rule called an “extraordinary renewal of the residence permit” (which is an additional two-year temporary residence permit extension), in an effort to accumulate enough days during this time to finally meet the permanent residence minimum stay requirement.”
It’s been written about in several publications and confirmed by immigration attorneys. If an applicant for a permanent card falls a little short of the max of 10 months absent in the first 5 years, they can apply for another temporary 2 year renewal. If they can make up the difference in that two year period so that the ‘average time’ out of the country does not exceed 2 months per year (14 months in the case of 7 years) then they can get permanent residency. It just takes two more years to get it.”
“It’s 183 days from issue date on your tie card. Being out of Spain for a holiday doesn’t change your residency (ie your home address) in Spain. As per your example though. November to March is 5 months. In your visa you stated and agreed to remain 6 months or more and was issued as such. By not meeting the 6 month minimum you are ineligible because you’ve been out of the country from March to September. 7 months.”
“Simple math. One calendar year from the day you enter Spain. Spend 183 plus days in Spain and you can renew. It’s really that simple. You are making it complicated. the 183 days don’t have to be sequential. The first TIE is good for one year. When you renew, it is good for two years.”
In conclusion, according to Spainguru Facebook group members, the 183 day rule or requirement for renewal of the non lucrative Spain visa is an important factor that should be carefully considered by those seeking to extend their stay in the country. The start date and expiration date of the TIE card are crucial parameters in counting the days spent in Spain, and leaving the country for an extended period could affect one’s eligibility for renewal. It is important to keep in mind the minimum stay requirements in the first year and the total stay requirements in the first five years, as failing to meet these could lead to denial of renewal.
Important notice! The Spanish Supreme Court eliminates the 6-Month stay rule for non lucrative Spain visa renewal.
