As of May 20, 2025, a new regulation will take effect that has caused confusion among holders of the Spain Non Lucrative Visa (NLV). The main concern? Whether a stay of 183 days per year will now be mandatory for visa renewal.
To clarify the situation, Bruno Bianchi of Spainguru.es interviewed Ainhoa Manero, chief immigration lawyer at Sterna Abogados, to get expert legal insight. Below is a summary of that conversation.
What Is the Difference Between the Immigration “Natural Year” and the Tax Year?
Ainhoa explained that Spanish immigration and tax authorities count time in different ways:
- Immigration authorities calculate your time based on a “natural year” — 12 months from the date you entered Spain. If you arrived in May, for example, your natural year is from May to May.
- Tax authorities, however, base residency status on the calendar year: January 1 to December 31. If you are in Spain for more than 183 days in a calendar year, you may be considered a Spanish tax resident.
This means you could meet the immigration requirement for renewal without becoming a tax resident, depending on your entry date.
Is Tax Residency Required to Renew the Spain Non Lucrative Visa?
Ainhoa Manero clarified a common misconception: You are not required to become a tax resident to renew your NLV.
The new regulation does include a mention of a 183-day minimum stay, but this is only written in a bylaw — not in a formal law passed by the Spanish Parliament. According to a previous Spanish Supreme Court ruling, any regulation that restricts fundamental rights (such as the right to move freely) must be based on actual legislation, not bylaws.
As such, the 183-day requirement is not legally enforceable for NLV renewals — at least not yet.
What If the Foreign Office Denies My Renewal After May 20, 2025?
Bruno asked what could happen if an applicant is denied renewal for not meeting the new 183-day rule.
Ainhoa acknowledged that some foreign offices may wrongly apply the bylaw, but if that happens, the denial can be legally challenged in court. She emphasized that the Supreme Court precedent is clear and should prevail in such cases.
While it may require hiring a lawyer to file the appeal, she assured viewers that courts have consistently ruled in favor of applicants when the renewal was denied based on this non-binding bylaw.
Conclusion: Don’t Panic, but Be Informed
Although the updated bylaw may create confusion, the current legal standing is clear: You are not legally required to stay 183 days per year to renew your Spain Non Lucrative Visa.
However, because local immigration offices may interpret the regulation differently, having legal support — like that offered by Sterna Abogados — can be crucial if you encounter issues.
