The Spain Non lucrative visa allows individuals from outside the EU to reside in the country without engaging in any professional activities. This visa is particularly popular among those who wish to enjoy Spain’s lifestyle while having sufficient funds from abroad to support themselves. But, what is the Minimum Stay for a Spain Non Lucrative Visa?
Recently, there has been a significant development regarding the renewal requirements for temporary visas, including the non-lucrative visa, due to a Supreme Court ruling.
Overview of the Supreme Court Ruling
In 2023, the Spanish Supreme Court made a pivotal change regarding the renewal of temporary residence visas. Previously, to renew such visas, it was mandatory for the visa holder to reside in Spain for a minimum of six months per year. However, the new ruling has abolished this requirement. According to the updated regulation, as detailed in Article 162, paragraph 2(e) of the Immigration Regulations, “when you remain outside Spain for more than six months in a period of one year, the temporary residence authorization will be terminated, without the need for an administrative ruling.“
This means that the strict six-month minimum stay is legally no longer necessary for the renewal of temporary visas. As you can see in the image below, the letter e) of article 162 was deleted from the official publicatino and a link to the court decision added.
Reglamento de Extranjería https://www.boe.es/buscar/act.php?id=BOE-A-2011-7703
Supreme Court Ruling vs. Foreign Office Practice
The Supreme Court’s decision was intended to provide greater flexibility for temporary visa holders by removing the six-month minimum stay requirement for renewals. This theoretically means that staying less than six months should no longer jeopardize visa renewals.
However, despite this ruling, many Foreign Offices in Spain are reportedly continuing to apply the old requirement, denying renewals for individuals who have not met the six-month minimum stay. This discrepancy between the legal framework and the application by administrative authorities can create significant uncertainty for visa holders.
Expert Insight
Spainguru recently interviewed Ainhoa Manero from Sterna Abogados, who confirmed the ongoing challenges faced by visa holders. Manero highlighted that many clients have encountered difficulties when trying to renew their visas, with several Foreign Offices not adhering to the new Supreme Court guidelines.
The practical advice from legal experts is clear: it is highly recommended for Spain non lucrative visa holders to stay in Spain for more than six months each year to avoid potential issues during the renewal process.
Definition of Visa and Temporary Residency in Spain
To secure a non-lucrative residence in Spain, you must first apply for a Non-Lucrative Visa (NLV) at a Spanish Consulate within your country of residence.
The NLV is a type of entry permit that allows you to travel to and enter Spain. After receiving your visa, you will have 90 days to enter Spain. Upon arrival, it is mandatory to transition from the visa to actual residency status by applying for the Residence Card (TIE) within the first 30 days.
The TIE confirms your status as a resident, allowing you to live in Spain under a Non-Lucrative Residence. This process underscores the difference between the visa—your entry authorization—and the residence card, which establishes your legal residency status in Spain.
Temporary residency in Spain, such as the non lucrative residency, are designed for individuals who intend to stay in Spain for periods longer than 90 days and less than 5 years. These residencies are usually granted for one year initially and can be renewed for two-year periods, provided the conditions are continuously met, including proving sufficient economic means.
Long-Term Residence and Nationality
For non-lucrative visa holders interested in long-term residence or Spanish nationality, understanding the minimum stay requirements is crucial. For obtaining long-term residency, individuals must legally reside in Spain for five uninterrupted years, and can only be outside of Spain a maximum of 10 months in these 5 years. Following this, they can apply for permanent residency.
If an individual exceeds the 10-month absence limit over the five-year period, there are several avenues to explore. Exceptions may be granted for absences due to health issues or other significant reasons, although Spanish authorities tend to be quite strict.
Alternatively, individuals can opt to renew their non-lucrative visa for an additional two years (third renewal), provided they meet the visa’s standard requirements and have not exceeded the six-month absence threshold in the last five years. This pathway ensures continued compliance and extends the possibility of achieving long-term residency.
Spanish nationality generally requires ten years of legal residency. However, nationals from Ibero-American countries, Andorra, the Philippines, Equatorial Guinea, Portugal, or individuals of Sephardic origin can apply for Spanish nationality after just two years of legal residence, a notable exception aimed at fostering close historical and cultural ties.
Conclusion
The elimination of the six-month minimum stay requirement could mean a significant relief for many expatriates. Especially since, staying less than 183 days in a calendar year in Spain means you could potentially avoid being a tax resident in Spain. It would provide greater flexibility for those who need to travel frequently or spend considerable time outside Spain for personal or other reasons.
However, the disparity between the Supreme Court’s ruling and the actual practices of Spain’s Foreign Offices highlights the complexities of navigating immigration laws and their local enforcement.
While the legal landscape may seem favorable following the Supreme Court’s decision, the practical advice remains conservative—stay longer to ensure compliance until uniform application of the law can be verified.
Spainguru continues to monitor these developments closely, providing updates and expert insights to support the international community in Spain. Make sure to consult with immigration experts if you are planning to come to live to Spain.
Here’s a table that generally outlines the key timelines and requirements for the Spain Non-Lucrative Visa application, residence, renewals, long-term residence, and nationality:
| Stage | Requirement/Process | Duration | Notes |
|---|---|---|---|
| Visa Application | Apply for Non-Lucrative Visa at a Spanish Consulate in your home country. | N/A | Entry permit that allows travel and entry into Spain. |
| Entry Period | Enter Spain within 90 days after the visa is granted. | 90 days | Must enter Spain within this timeframe to activate visa. |
| Residence Card (TIE) | Apply for the TIE within 30 days of arrival in Spain. | 30 days | Establishes legal residency status in Spain. |
| Initial Visa Duration | The initial non-lucrative visa is usually granted for one year. | 1 year | Can be renewed for longer periods. |
| Visa Renewal | First renewal for two years, can be renewed subsequently for two more years. | Every 2 years after initial period | Ensure compliance with visa conditions, including economic means. |
| Long-Term Residence | Apply after legally residing in Spain for five uninterrupted years. | 5 years | Absences should not exceed a total of 10 months within 5 years. |
| Third Renewal Option | Possible if the six-month absence limit is exceeded under certain conditions. | Additional 2 years | Continues compliance with NLV requirements. |
| Nationality | Apply for Spanish nationality after ten years of legal residency. | 10 years | Reduced to 2 years for nationals from specific countries. |
| 2-year Nationality Fast-track | Nationals from Ibero-American countries, etc., can apply for nationality after two years. | 2 years | Special consideration due to historical and cultural ties. |
Disclaimer: The information provided in this article is for general informational purposes only. All information on the site is provided in good faith, however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information in this article. The figures and scenarios mentioned are based on data reported by community members of Spainguru and official sources as of the year 2024. Legal and regulatory contexts can change, influencing the accuracy of the content over time. Spainguru does not guarantee the completeness, reliability, or accuracy of this information. Always consult official sources and qualified professionals to verify the current requirements and costs before making any legal decisions or investments based on this information.
