Question
“Hello everyone! I will be applying for Spain Non Lucrative Visa as a main applicant and my husband will be my dependent, so will our 2 children. I have retired early and will not be working in or outside of Spain. Does the non working condition apply to my dependents as well, as long as they don’t work in Spain? That is, can my husband work outside of Spain on a project, remote basis, etc.? Many thanks!”
Answers
“Having a Spain Non Lucrative Visa means you are not allowed to work either in Spain or outside of Spain. I would be very careful if your husband generates income (outside of Spain) which is subject to US taxes and thus declared in his taxes.
As of right now for the renewal of the NLV they are not asking for your taxes but who knows what they may do when it is your time to renew and if they ask for it and see income reported that is not from a passive source the year you and your family were under the NLV it can potentially create a big problem and even denial.
So this is something to keep in mind. Ask a lawyer if he can apply for a digital nomad visa instead of the NLV and that may be an option that allows you all to be compliant. Best of luck and congrats!”
“There is a DNV Facebook group which can give you more information. Also, if your husband meets the DNV requirements I believe you can work off the back of this. But do check out that FB group.”
“The advice you’ll get from non-lawyers is well-meaning but wrong—or at least incomplete enough to be effectively wrong. As foreigners, you can only work in the terms in which the law allows you.
If you don’t have a work permit, you can’t work in Spain. The concept of ‘remote work’ is a bit of a red herring: you work where you work, regardless of where your employer or end client is.
With these things in mind, a non-lucrative residence neither allows you to work in Spain, nor allows you to use work income in order to meet the financial requirements for the residence permit.
But what you do in your own country, or in any country where you have work rights, is none of Spain’s business, provided you don’t run afoul of the above.”
“To be clear, ‘remote work’ is baloney. He can’t do any work while within Spain.”
“You will need to prove to the consulate that you and your partner are no longer working. Don’t forget the tax implications as well.”
“If he is going to live in Spain and be in the country more than 183 days out of the year, you will have to file taxes and report his income. You will have to file form 720 declaring all your worldwide assets including accounts. If the balance increases more than €20,000 in a year you will have to update the form 720.
If you get audited how will you justify his income? It does not matter where the income comes from, he has to declare it. You also cannot be out of the country for more than 10 months in 5 years to be eligible for permanent residence. And with the temporary residence you cannot be gone more than 6 months in a year.”
“You and the kids could get a non lucrative visa and he could get a digital nomad visa.”
“No he can’t. You will ALL get your own NLV and a condition of that visa type is not working… in any country.”
“Non Lucrative Visa = No work.”
“If you don’t spend more than 183 days in Spain during the year, you don’t become a tax resident in Spain. This 183-day criterion applies to each individual country, not to Europe or the Schengen Area as a whole. In other words, if you split your time between France, Italy and other places, without exceeding 183 days in any one country, you don’t automatically become a tax resident in any of them.
However, each situation may have important details (such as whether you have a permanent home, economic ties, etc.). For more specific guidance on your situation, I recommend talking to experts such as those at Expat Money Forum. They help foreigners understand and plan their finances and taxes while living outside their country of origin.”
“You can get working visas. Talk to a visa consultant, they will give you the facts.”
Conclusion
The community consensus is clear: the Spain Non Lucrative Visa (NLV) strictly prohibits work—both in Spain and remotely for a foreign employer—while you are physically present in the country.This restriction applies to all family members listed on the visa, including dependents.
Though some suggest that working outside Spain’s jurisdiction might go unnoticed.
Spainguru asked immigration expert Ainhoa Manero from Sterna Abogados: “Can I work under a NLV?” Watch the short:
If the working spouse still wants to maintain employment, a better strategy may be to apply for a Spain Digital Nomad Visa (DNV), which allows remote work under specific conditions. Another option mentioned is for one spouse and children to apply for the NLV while the working spouse applies for a DNV separately.
It’s also important to consider Spain’s tax residency rules. Staying in the country more than 183 days a year will trigger tax obligations, including the requirement to file form 720 for worldwide assets.
Planning the right visa combination and consulting a legal expert is highly recommended to ensure compliance and long-term success.
