Question
Is it a strict requirement to be in Spain for only 10 months within the 5-year period for Spain non lucrative visa renewal? I have family abroad, including an aging mother, and my kids spend extended time with them during school holidays, potentially exceeding 2 months per year away from Spain. Will this affect my renewal eligibility?
Answers
These are the answers of some Facebook group members:
”The 10 month rule is not a requirement to maintain residency. It is a requirement to transition from Temporary to Long Term Residency. If you exceed the 10 months you simply renew your NLV for another 2 years”
”Whether they will continue granting temporary residence is dubious. They could well say you haven’t shown the required commitment to Spain if you are away for more than an average of 2 months every year. You could find they refuse your application for renewal”
”It’s important to know that they calculate those 10 months based on the stamps in your passport. There isn’t presently some magical record of passport scans shared amongst EU countries. So if you fly out of the EU via Germany they don’t stamp your passport and nobody official in Spain knows you’ve left. No EU country is supposed to stamp passports for those who have residency cards (TIE) but in my experience Spain always stamps my passport and Germany never does”
”This is incorrect. In your example, Germany will stamp the passport. TIE holders are stamped unless it happens to be a TIE issued under FoM”
”The most used way to accredit you HAVE been here for the required time, is by providing 5 years worth of bank statements, showing payments for ordinary living expenses”
Conclusion
In conclusion, according to Spainguru Facebook group members, the 10-month guideline is more about transitioning to Long-Term Residency. Exceeding this might affect renewal chances, but it’s not strictly enforced.
Passport stamps track time but may not cover all travel within the EU. Financial ties, like consistent bank transactions, can also support your residency status. Renewal decisions consider multiple factors beyond just the 10-month rule.
