Question
We’re planning to apply for the Non Lucrative Spain Visa – I’ll be the primary applicant with my husband and 3 kiddos going with me. Can my husband return to the states for a short time for seasonal work?
I have the combo of savings and pensions, but he is still required to work in Alaska for 3 months per year. When I do any searching, the only info comes up about working remotely online. I’m worried this will prevent us from qualifying.
Answers
These are the answers of Spainguru’s Facebook group members:
“Hello there, in order to qualify for an Non Lucrative Spain Visa you cannot work at all. NLV stands for non working visa. Is basically a retirement visa. If you tell them that he will work for three months they will deny you. Is it for his own company?”
“I have a different understanding of Non Lucrative Spain Visa. Essentially one can’t work in Spain on an NLV visa. For residency purposes, one needs to spend more than 180 days in Spain. So in this case, leaving Spain to work in Alaska for three months is possible.”
“For the first three years. Then in years 4 and 5 he will have one month left to split over those years as you are only allowed out 10 months over 5 years (if you want to apply for permanent residency and keep up the visa in all 5 years.)”
“The gainful employment matters only if it takes place in Spain. The point is that by granting this visa to foreigners doesn’t affect the local labor market because the visa holder doesn’t seek or perform any gainful activities in Spain. So why would Spain government bother what you do outside your time in Spain.”
“You’ll both apply for the Non Lucrative Spain Visa meaning you can’t work at all. You’ll both also need to stay in Spain for the minimum required time during the 5 years.”
“You can’t leave Spain for more than 10 months in total over the 5 years if you want to obtain the long-term residence permit after those 5 years.”
“To qualify to become a permanent resident, you need to show you have been in Spain for 10 months out of 5 years total with any one trip not exceeding 6 months. However, if the time outside Spain is more than 2 months your time is calculated, and you may need to stay in Spain longer to gain permanent residency.”
“Most (but not all!) consulates say you can’t work anywhere in the world on an Non Lucrative Spain Visa. However, where in Spanish law does it say you can’t work outside Spain on an NLV? Why would the Spanish government be bothered if someone worked for 3 months outside Spain and then paid their tax in Spain?”
“I’m in Spain on Non Lucrative Spain Visa with my children while my husband uses the 90/180 day ruling and goes back and forth to UK to work. He originally was going to have the visa also but it was not possible to keep an eye on our business in UK.”
“He will get the same type of restrictions as your dependent. Legally he cannot work anywhere in the world with the Non Lucrative Spain Visa. A way around may be that you apply for the NLV with your children as dependent and he applies for a different type of visa or comes and goes using the 90/180 days rule until he’s ready.”
Conclusion
The discussion on whether a spouse can return to the U.S. for seasonal work while on a Non Lucrative Spain Visa (NLV) in Spain brings varied perspectives among community members.
While some emphasize the NLV’s strict non-working conditions, others suggest possibilities for leaving Spain temporarily for work abroad, emphasizing the visa’s aim not to impact the Spanish labor market.
The importance of residency requirements and the implications for seeking permanent residency are highlighted. Legal advice, particularly regarding gray areas around working outside Spain on an NLV, appears crucial for navigating these complex rules effectively.
Consulting with immigration experts to explore all options, including different types of visas and adherence to residency requirements, is strongly advised for those in similar situations.
Related reads
Can I work remotely with a non lucrative Spain visa from within Spain?
How do people with a non lucrative Spain visa manage to work on the side without getting caught?
Is it true that we do not need to stay 6 months in order to keep the Non lucrative Spain visa?
