Non Lucrative Visa Spain: Requirements 2024

non lucrative visa spain

This article discusses the requirements for obtaining a non lucrative visa Spain, providing a comprehensive guide for those looking to apply for a temporary residence permit without engaging in any work or professional activities.

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

To apply for the Non-Lucrative Visa Spain, applicants must meet several criteria:

a) Applicants must not be in Spain illegally.

b) Applicants over 18 must have no criminal records in Spain or any other countries where they have lived in the last five years.

c) Not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this sense.

d) Applicants must demonstrate sufficient financial means to cover their living expenses (and those of their family, if applicable) without working.

Since there’s a big controversy about remote work from Spain under a Spanish Non lucrative visa, we highly siggest you to read our articles Is it possible to work remotely on a non-lucrative visa in Spain in 2023? & How do people with a non lucrative Spain visa manage to work on the side without getting caught?

e) Applicants must have health insurance from a company authorized to operate in Spain. You can receive today quotes from the largest insurance companies in Spain, for fully compliant health insurance for the NLV application here.

f) Applicants must not be within a non-return period to Spain after voluntarily returning to their country of origin.

g) Applicants must not suffer from any diseases that could have serious public health repercussions, in accordance with the provisions of the International Health Regulations of 2005. You can obtain your medical certificate fully online here.

Related article: Do I need to have blood tests and get vaccinated for the non lucrative Spain visa Medical Certificate?

h) Applicants must pay the application fee. 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. Make sure that all data matched (E.g.: postcode), otherwise you may have problems downloading it.

Financial requirements of the Non Lucrative Visa Spain

Applicants must prove they have enough funds to support themselves and their dependents. The minimum financial requirement is 400% of the IPREM (Public Multiple Effects Income Indicator) monthly for the main applicant and an additional 100% of the IPREM for each dependent. These funds must be readily available for the entire duration of the stay in Spain.

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.

Since the IPREM has not changed in 2024, this article’s information is valid for 2024: How much money do I have to show when I renew my non lucrative Spain visa Visa in 2023

Do you pay tax in Spain if you have a non-lucrative visa?

Holding a Non-Lucrative Visa does not exempt you from tax obligations. If you reside in Spain for more than 183 days within a calendar year, you are considered a tax resident and must pay taxes on your worldwide income, wealth tax when applicable, and declare worldwide assets that are over 50.000 euros (Form 720). It’s advisable to consult a tax professional to understand your tax liabilities fully.

Do you really have to stay 183 days in Spain under a Spanish non lucrative visa?

Check out our articles: Is it true that we do not need to stay 6 months in order to keep the Non lucrative Spain visa? and Supreme Court eliminates the 6-Month stay rule for non lucrative Spain visa renewal

The Application Process for the Non Lucrative Visa Spain

Individuals seeking to live in Spain without engaging in employment or professional activities are required to apply for the Non-Lucrative Visa Spain in person, using the designated official form. This application must be made at the Spanish embassy or consulate within the applicant’s country of residence. In certain cases, the Ministry of Foreign Affairs and Cooperation may direct applicants to a different diplomatic mission or consular office for the submission of their application.

Identifying the Correct Spanish Consulate

Documentation Required for the Non Lucrative Visa Spain Application

a) Passport/Travel Document:Must be valid in Spain and have at least one year of validity remaining.

b) Criminal Record Certificate: Required for applicants of legal age, issued by the country of origin or any country where the applicant has lived in the last five years. This document must prove the absence of criminal records. In the US, this involves an FBI Background Check with a Federal Apostille and translation by a Spanish sworn translator. In the UK, an ACRO Certificate is needed, also apostilled and translated by a Spanish sworn translator. (Official rule: section b) of article 46)

You might find useful to read our articles 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) Financial and Health Insurance Documentation: Applicants must demonstrate sufficient financial means to cover their and their family’s living expenses in Spain without the need for employment. This includes having either public or private health insurance from an insurer authorized in Spain. (Official rule: sections d) and e) of article 46).

d) Medical Certificate: A licensed physician must issue a certificate within 90 days before the visa application, confirming the applicant does not have any diseases posing a threat to public health, in line with the International Health Regulations of 2005. (Official rule: section g) of article 46).

To know more about the Spanish non lucrative visa health requirements, check out our article: Understanding the Non Lucrative Spain Visa Health Insurance Requirements

Following the application submission, it is promptly recorded in the visa system. The relevant Government Delegation or Sub-delegation then reviews the application and accompanying documents to ensure all requirements are met, including a check for any criminal record in Spain.

The Government Delegation or Sub-delegation must decide on the application within one month, during which they will consult with the General Directorate of the Police and the Civil Guard for security and public order reports, as well as perform a check with the Central Registry of Convicts.

The decision, once made, is recorded in the system and communicated to both the Ministry of Foreign Affairs and Cooperation and the relevant consular office or diplomatic mission. The final step in the visa process depends on the issuance of the visa and the applicant’s entry into Spain.

Should there be no communication within the one-month period or if the decision is negative, the consular office will notify the applicant and advise on the next steps.

If approved, the visa is issued following a review of compliance with all sections a), c), d), e) and g) of article 46 46, including the absence of criminal records and the payment of the application fee.

Grounds for Non Lucrative Visa Spain Denial

The Spanish authorities may deny a Non-Lucrative Visa application for several reasons:

  • Non-Compliance with Article 46: If the applicant fails to meet the criteria outlined in article 46, as assessed by the diplomatic mission or consular office.
  • Submission of False Information: The application will be denied if it is based on false documents, inaccurate statements, or is submitted in bad faith.
  • Legal Grounds for Inadmissibility: If there are legal reasons for inadmissibility that were not identified at the initial application stage.
non lucrative visa spain

Visa Issuance Process

Once the visa is approved, the applicant must:

  • Collect the Visa: The visa must be personally collected by the applicant within one month of receiving the approval notification. Failure to collect the visa within this period is considered a waiver of the visa, resulting in the termination and filing of the application process.
  • Entry into Spain: After collecting the visa, the applicant must enter Spain within the validity period of the visa, which is a maximum of three months, in accordance with Title I regulations.
  • Registration for the Foreigner Identity Card (TIE): Upon entering Spain, the applicant has one month to report to the designated Immigration Office or Police Station to begin the process of obtaining the TIE. This card reflects the duration of the granted temporary residence permit and is issued to the applicant once the process is completed.

Check our Community answers article about What are the steps to take upon arriving in Spain with a non lucrative Spain visa, especially regarding padrón and TIE? and Is the Padrón and a SIM card needed for TIE appointment? if you want to know more about the steps to follow once you arrive to Spain.

Each consulate may have different interpretations of the rules

Unfortunately, the interpretation and implementation of the Non-Lucrative Visa Spain (NLV) application rules can vary significantly from one consulate to another. This variability means that applicants may face different requirements depending on the consulate they deal with. Below are examples of how these differences can manifest:

  • Educational Requirements for Minors: Some consulates may inquire about proof of enrollment in private schools for minor children as part of the NLV application.
  • Financial Considerations: Questions arise whether owning property with a mortgage in cities like Chicago or New York could influence the outcome of an NLV application negatively.
  • Passport Retention: Practices around holding applicants’ passports during the visa processing period can differ, leading some U.S. citizens to consider obtaining a second passport for travel purposes while their primary passport is with the consulate.
  • Community Insights: Experiences such as U.S. citizens applying for a second passport due to their primary one being held by the consulate during the NLV process highlight the importance of community knowledge and support.

If you want to know more, check out our article Spain Non Lucrative Visa: 11 Consulate Discrepancies

To navigate these consulate-specific nuances effectively, it’s advisable to join Spainguru’s Spanish Non lucrative visa facebook group!

Expert tip: Join Spainguru’s community!

Make sure to join our dedicated Facebook group community for Non-Lucrative visa Spain and our weekly newsletter that features lots of new content every week about this type of residence and visa.

For personalized guidance tailored to your specific circumstances and consulate requirements, seeking a consultation with experienced immigration experts can be a wise step. They can assist with both initial applications and renewals, ensuring you navigate the process as smoothly as possible.

Overview of Visa Validity and Residence Authorization Duration

Upon issuance, the Non-Lucrative Visa Spain includes an initial residence authorization, which activates from the moment of the visa holder’s entry into Spain. This entry date is crucial and must be documented in the passport or travel document of the visa holder.

The initial period of temporary residence under this visa is set for one year.

Duration of Stay with a Non-Lucrative Visa in Spain

The Non-Lucrative Visa Spain initially provides a one-year residence permit. Upon the completion of the first year, visa holders are eligible to apply for renewal, which, if granted, typically extends the residence for two additional years at a time. After five years of continuous residence in Spain, individuals may qualify for long-term residency or even Spanish citizenship, subject to meeting specific requirements such as demonstrating sufficient financial means and having appropriate health insurance.

An important condition of the Non-Lucrative Visa is the requirement for visa holders to spend at least six months per year in Spain, thereby establishing tax residency. Notably, a 2023 ruling by the Spanish Supreme Court eliminated the regulation that revoked temporary residency for staying away from Spain for more than six months.

While this change impacts the renewal of temporary residency and related tax implications, it does not alter the qualifications for permanent residency or citizenship. Adherence to the six-month residency requirement is still advised for those aiming for long-term or permanent status in Spain.

Renewing Your Non Lucrative Visa Spain

To renew your Non-Lucrative Visa in Spain, the application must be submitted to the local Immigration Office (Oficina de Extranjería) ideally within the 60 days leading up to the expiration of your current visa. Originally, the visa is granted for a one-year period starting from the date you first entered Spain. By applying for renewal within this specified timeframe, your existing visa remains effective until the renewal has been fully processed.

If you happen to miss this initial 60-day window, there is a grace period of an additional 90 days after your visa’s expiration date to submit your renewal application. However, it’s important to proceed with caution during this period, as late applications could potentially initiate an overstay penalty procedure.

For more detailed insights and guidance on the Spanish non-lucrative visa renewal process in 2023, consider exploring our specially curated article on the subject.

Requirements for Renewing the Non-Lucrative Visa Spain

To successfully renew a Non-Lucrative Visa in Spain, applicants must adhere to a set of specific requirements:

  • Valid Residence Authorization: Applicants must either possess a valid Non-Lucrative Residence Authorization or be within ninety days following its expiration.
  • Financial Stability: Applicants need to demonstrate adequate financial resources to cover their and their family’s living and subsistence expenses for the renewal period, without engaging in employment or professional activities, as outlined in article 47.
  • Health Insurance: Applicants must have either public or private health insurance from an insurer authorized to operate within Spain.
  • Education for Minors: If applicable, minors under the applicant’s care and of compulsory school age must be enrolled in school for the duration of their stay in Spain.
  • Application Fee: The fee associated with processing the renewal application must be paid.

Documentation for Renewal

The renewal application must include the following documents to verify compliance with the above requirements:

Should the documentation fail to prove the schooling requirement for minors, the Immigration Office will notify the relevant educational authorities and the applicant. The applicant will then have thirty days to rectify this by providing the necessary report, failing which the renewal may not be granted.

Additional Assessments for Renewal

  • Criminal Record and Legal Compliance: The renewal process may include an assessment of the applicant’s criminal record, tax, and Social Security obligations. A history of criminal activity, pardons, or conditional sentence remissions may be considered.
  • Integration Efforts: The applicant’s efforts towards integration, including participation in training programs that emphasize Spain’s constitutional values, human rights, and efforts to learn the official languages, will be evaluated. Positive reports from the Autonomous Community where the applicant resides could support the renewal application, especially if the applicant struggles to meet all requirements.

These criteria aim to ensure that applicants for the Non-Lucrative Visa renewal are contributing positively to Spanish society and are financially self-sufficient, maintaining the integrity of this visa program.

The Procedure and Timeline for Renewing Your Spanish Residence Permit

Upon renewal, the Spanish residence permit is extended for an additional two years, except in cases where the applicant transitions to a long-term or EU-long-term residency permit.

The outcome of the renewal application will be communicated to the applicant. Should there be no response from the authorities within three months following the submission of the application, the renewal is automatically deemed approved.

Once notified of the renewal, the applicant is required to update their Foreigner Identity Card (TIE) within a one-month period.

Frequently Asked Questions About the Non Lucrative Visa Spain

Can I purchase property in Spain with a non-lucrative visa?

Yes, holders of a non-lucrative visa are permitted to buy property in Spain. This visa type allows for residency without employment, enabling property ownership. However, generating income through property rental may be subject to certain restrictions. Consulting with a local legal expert is advisable for those considering property investment.

What distinguishes the Golden Visa from the non-lucrative visa in Spain?

The Golden Visa and Non-Lucrative Visa serve different purposes and target audiences. The Golden Visa is designed for non-EU nationals making significant financial investments in Spain, such as real estate purchases exceeding €500,000. Conversely, the Non-Lucrative Visa appeals to individuals, such as retirees or those with sufficient passive income, looking to reside in Spain without engaging in employment.

Is remote work allowed with a non-lucrative visa in Spain?

Holders of the Non-Lucrative Visa are restricted from engaging in local employment or business ventures within Spain. For information on the nuances of remote work for companies outside of Spain while on this visa, it is recommended to consult specific resources or legal advice on this topic.

The experience of Spainguru Community members at the different Spanish Consulates

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