When applying for the Spain Non Lucrative Visa, one common concern is whether it’s possible to retain your passport during the application process—and whether travel to Spain is permitted while your visa is still pending. In a recent discussion with Spanish immigration lawyer Ainhoa Manero from Sterna Abogados, some valuable clarifications emerged that are worth sharing with the Spainguru community.
Video: Does the 90/180-Day Rule Apply While My NLV Is Processing?
Keeping Your Passport While Applying for the Spain Non Lucrative Visa
A British applicant applying through the Manchester consulate recently discovered that it is possible to request to keep your passport during the Spain non lucrative visa process. This was unexpected, as many consulates do not advertise this option on their websites.
“The consulate now has a form that allows you to keep your passport during the process,” the applicant shared.
“It wasn’t listed anywhere on the website, and no one in the group had mentioned it.”
While this is a welcome improvement, it’s important to note that not all Spanish consulates offer this option. It’s best to check directly with the consulate where you’re applying to see whether you can retain your passport during processing.
Can You Travel to Spain While Your Visa Is Being Processed?
Another important question came up:
If I keep my passport and travel to Spain while my Spain non lucrative visa is being processed, can I stay beyond the 90-day tourist limit?
The short answer, according to Ainhoa Manero, is no.
“If you apply for the Spain non lucrative visa from outside Spain—like from Manchester—then you are entering Spain as a tourist,” Manero explained.
“That means you must respect the 90-day Schengen limit. Even if your visa is being processed, you are not considered ‘in process’ within Spain.”
This contrasts with other visa categories like the Digital Nomad Visa, which can be applied for from within Spain. In those cases, you can legally remain in Spain while your application is being processed—even if the initial 90-day tourist period has expired.
But when applying from abroad, even if you retain your passport and physically enter Spain, you’re still subject to the Schengen tourist rules. Overstaying your 90 days could jeopardize your visa application and lead to penalties.
Key Takeaways for Spain Non Lucrative Visa Applicants
- Some consulates—like Manchester—may allow you to keep your passport during the application process. Always ask your consulate if this option is available.
- Retaining your passport does not grant special status in Spain while your visa is being processed abroad.
- If you choose to travel to Spain during the waiting period, you must leave before the end of your 90-day tourist stay.
- Only applicants who submit their visa application within Spain—such as for the Digital Nomad Visa—are allowed to remain in the country legally during the processing period.
Conclusion
The Spain non lucrative visa remains a popular pathway for retirees, remote workers without active income, and others seeking to live in Spain without employment. However, understanding the rules regarding travel, passport handling, and Schengen limits is crucial to a successful application.
If you are applying through a consulate and plan to travel, be sure to request passport retention only if officially permitted and respect the 90-day tourist rule. For more detailed guidance or legal support, it’s highly recommended to consult an experienced immigration lawyer, like those at Sterna Abogados, who specialize in Spanish visa procedures.
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