Question
If I am on a Spain non lucrative visa. But travel back to the United States for work. Is that permitted?
Answers
These are the answers from Spainguru’s Facebook group members:
(Lawyer answer) “Yes it is.”
“If you’re American, you take a plane or a boat to the nearest US territory, including its colonies, and you perform work there.
You cannot rely on that income for your means in Spain.”
“that makes no sense…it is income so if you are a tax resident in Spain it would be reportable.”
“the US and Spain have a treaty (you can google it) and there is no double taxation if you are a Spanish resident (which you would be in a NLV). If you work and earn income Spain will know when it comes to file your taxes as the US will share that with them.”
“You are not permitted to work on an NLV, either in Spain or remote. You are meant to be able to demonstrate that you have savings or passive income at a level that will permit you to live without working. If you plan to work, you should explore the Digital Nomad Visa (DNV).”
“Gig work is not passive income. Unless you are prepared to be dislodged when your year 2/3 or 4/5 renewal is denied, you will want to get real clear on what is allowed. If you would get a 1099 for it, the Spanish government will be able to see that (eventually) as the tax treaty calls for sharing that data.”
“This is false information. Spanish law can not control what you do when you are physically in a different country. When you are on a NLV, you can not work in Spain either for a Spanish company or a foreign company remotely. However, if the OP travels to the U.S., they are free to work in the U.S.”
“They may not be able to control what you do, but they can’t control whether or not they renew your visa. And when you don’t comply with the rules for your visa, you will not get it re-issued. As part of the non-lucrative visa you declare that you will not work either in Spain or the United States.”
“I had to sign a document saying I promised not to even work online. Passive income only” – “Thankfully, such a document isn’t binding in and of itself.”
“Ask a lawyer! These kind of questions you really need a very straight professional answer or you might have problems in the future. Just look at how people respond to your question.”
Conclusion
The thread shows clear disagreement about whether someone on a Spain non lucrative visa can travel to the US to work. Some say it is allowed if no work is done while physically in Spain, while others warn that consulates and renewals may scrutinize any active income during the Spain non lucrative visa period.
Can Spain Non Lucrative Visa holders work remotely? Ainhoa Manero from Sterna abogados answers the question:
Key points raised include: the NLV’s purpose is to live without gainful activity in Spain, “gig” income is not passive, and Spain taxes worldwide income once you are tax resident. Several comments note the US–Spain tax treaty and that consulate practices and renewal decisions can vary.
Practical takeaway: before relying on any plan to work abroad while on the Spain non lucrative visa, confirm requirements with an immigration lawyer, and ensure your finances meet passive income rules.
This article is based on personal opinions from the Spainguru community and is not legal advice.
