Question
Regarding the 183-day rule, does it apply only to the primary applicant or do the spouse and dependents also have to stay in Spain for at least 183 days per year? Thank you in advance.
Answers
These are the answers from the Facebook group members:
“What 183 day rule?” – “183 days is about tax residency. For NLV you are only allowed 10 months out of Spain in 5 years.”
“I’m not sure, I would think both of you but you’re best just checking with an immigration lawyer.”
“How could an entire family successfully renew residencia temporal if only one member of that family has complied with the renewal requirements?”
“Everyone must comply witht he 183-day rule”
Conclusion
The Spanish 183-day rule, which is primarily related to tax residency in Spain, seems to carry implications for the Non-Lucrative Visa (NLV) concerning the amount of time allowed outside of Spain.
This rule appears to be applicable not just to the primary applicant but to all family members included under the same residency application.
Each family member needs to comply with the residency requirements to successfully renew their temporary residency. However, for specific cases and further clarification, consulting with an immigration lawyer is advisable.
