Renewal of the Non-Lucrative Residence in Spain

In this post, we analyze everything you need to successfully renew your non-lucrative residence. We provide the full list of requirements, a step-by-step guide to the renewal process, the timeline for starting your application, and an alternative that allows you to work in Spain: modifying your non-lucrative residence to a work permit.

Legal Framework

The renewal of the non-lucrative temporary residence permit in Spain requires the same conditions as the initial non-lucrative residence and is regulated by various laws and regulations, including:

• Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (LOEX):
  Establishes the requirements and procedures for obtaining and renewing residence authorizations in Spain, including the renewal of the non-lucrative temporary residence permit.
• Royal Decree 557/2011, of April 20, approving the Regulation of Organic Law 4/2000:
  Develops and complements the LOEX, specifying the requirements and procedures for renewing the non-lucrative temporary residence permit.

This legal framework governs the requirements and process for the non-lucrative residence renewal.

Practical Tips for Renewing the Non-Lucrative Residence

Renewing a non-lucrative residence permit in Spain requires proving the same conditions as the initial application, primarily demonstrating sufficient financial means and their source. Here are some practical tips for a successful renewal:

1. Review Requirements and Start Early Begin the renewal process 60 days before your residence card expires.
2. Gather Required Documents
   • Update and prepare all necessary documentation and pay the corresponding fees (form 790, code 052).
   • By following these tips, you can renew your non-lucrative residence in Spain effectively and without issues.
3. Challenges in Renewing the Non-Lucrative Visa
   • The non-lucrative residence is a common permit in Spain that allows foreigners to reside without working. This permit is typically requested by non-EU citizens with sufficient funds in their bank accounts or retirees receiving pensions.
   • The initial permit is valid for one year (hence its name, temporary non-lucrative residence) and must be renewed after this period.
4. Demonstrating Financial Solvency for Renewal The renewal will be for a two-year card (instead of one), which doubles the requirement to demonstrate sufficient economic resources. While meeting the financial requirements can be challenging for the initial application, renewal demands even greater resources.

Requirements to Renew the Non-Lucrative Residence

The requirements for renewal are the same as for the initial application, with the main difference being the increased financial threshold:

• Nationality: You must not be a citizen of the EU, EEA, or Switzerland, nor a family member of such citizens with the right to community residence.
• Criminal Record: No criminal record in Spain.
• Legal Entry and Stay: No prohibition from entering Spain or being listed as inadmissible in countries with migration agreements with Spain.
• Previous Residence: You must hold a valid temporary non-lucrative residence or apply within 90 days after its expiration.
• Financial Means: Demonstrate sufficient economic resources to cover your living and return expenses, as well as those of your family if applicable, during the renewal period:
  • For the holder: 400% of the monthly IPREM (€2,400 in 2023).
  • For each dependent family member: 100% of the monthly IPREM (€600 in 2023).
• Health Insurance: Hold a public or private health insurance policy with a company authorized to operate in Spain.
• Schooling of Minors: If you have school-aged children, you must prove their enrollment in school.
• Integration: Efforts toward integration are positively valued, supported by a report from the regional government.

These requirements are essential to renewing the non-lucrative residence card.

Documentation for Renewing the Non-Lucrative Residence

To renew your non-lucrative residence in Spain, you must provide the following:

• Application form: Official form (EX-01) in duplicate, completed and signed.
• Passport or travel document: Valid in Spain, with a minimum validity of one year.
• Complete passport or travel document copy.
• Proof of financial means: Documents showing sufficient resources, such as property titles, certified checks, credit cards with bank certification, or company income certifications, if applicable.
• Health insurance documentation.
• School enrollment report for minors: If you have school-aged children, provide a report from educational authorities or the school.
• Integration report (optional): If available, submit a positive report from the regional government about your integration in Spain.
• Proof of payment for form 790 (code 052).

Important: Foreign documents must be apostilled or legalized and translated by a sworn translator if required. Legal advice is strongly recommended to ensure your application meets all requirements and to increase your chances of a successful renewal.

Step-by-Step Guide to Renewing the Non-Lucrative Residence

Renewal Process for the Non-Lucrative Residence Permit in Spain

The renewal of the non-lucrative residence permit can be divided into two main steps: submitting the application and renewing the physical residence card (TIE).

When Should You Start the Non-Lucrative Residence Renewal Process?

The renewal or modification of the non-lucrative residence must be initiated during the 60 days before the expiration of your physical card (TIE). Although you can renew within 90 days after its expiration, doing so may trigger a sanction procedure. Therefore, it is recommended to begin the process within the two months prior to expiration to avoid legal issues.

Step 1: Submit All Required Documentation

First, prepare all necessary documentation and submit it to the Immigration Office online, via the telematic platform. The online renewal process expedites the procedure and allows for a quicker response. Ensure you meticulously prepare all documentation to avoid delays, additional requests, or rejection of your application. Seeking the assistance of an expert immigration lawyer can be invaluable at this stage.

Once the documentation is submitted, the administration has a maximum of 3 months to issue a response. If no notification is received within this period, your application is considered approved through positive administrative silence.

Step 2: Renew the TIE

Once your application for the renewal of the temporary non-lucrative residence is approved, you must visit the Immigration Office corresponding to your address to process your new card (TIE). First, schedule an appointment, which can be done online.

On the day of the appointment, you will need to bring the following:

• Proof of payment of fee 790/012, which can be downloaded online and paid at any bank.
• Complete passport and copies of all pages.
• Certificate of residence registration (empadronamiento).
• Three passport-sized photos with a white background.
• Your current TIE or residence card (about to expire).
• Letter of successful resolution for your non-lucrative residence renewal.
• Application form for the TIE (EX-17).

Once all documentation is submitted, your fingerprints will be registered again, and you will receive a provisional document to use until your new physical card is ready, typically within about a month.

Alternative: Modify to a Work Permit

If meeting the financial requirements is challenging, you have the option to modify your non-lucrative residence to a work permit. This would allow you to work in Spain and could be a viable solution for those unable to demonstrate the necessary funds for the non-lucrative residence renewal.

Transitioning to a Work Permit (Instead of Renewing)

As mentioned earlier, there is a favorable alternative that avoids the need to demonstrate double the financial means for renewal and allows you to work legally in Spain. Instead of renewing the non-lucrative visa, you can modify it to a work permit, which is easier than applying for this permit from your home country.

Modification Options:

• Work permit as an employee
• Work permit as a self-employed individual

The spouse may also renew their non-lucrative residence or modify it to a work permit.

Modification to a Work Permit as an Employee

If you secure a job offer, you can modify your non-lucrative residence to an employee work permit. This change will allow you to work for a company in Spain. The offered contract must be for at least 1 year, full-time (40 hours per week), and with a salary equal to or above the minimum wage. The modification is processed through form EX-03.

Modification to a Self-Employed Work Permit

If you have a business project or wish to register as self-employed, you can change your non-lucrative residence to a self-employed work permit. You must submit a detailed business plan, which will be certified for viability by the Association of Self-Employed Workers in Spain. Additionally, you must demonstrate sufficient financial means and provide your CV and professional/academic profile.

From Non-Lucrative Residence to Long-Term Residence

The non-lucrative residence allows for an extended stay in Spain and can serve as a gateway to long-term residence. The usual process is as follows:

1. First Year: Enter Spain with the initial non-lucrative residence permit valid for 1 year.
2. First Renewal: Renew for 2 years at the end of the first year.
3. Second Renewal: After an additional 2 years (a total of 3 years in Spain), complete a second renewal of the non-lucrative residence with the same requirements.
4. Long-Term Residence: After 5 years as a legal resident, you can schedule an appointment to apply for the long-term residence card. Upon meeting this requirement, you can request long-term residence.

If you need more information about the requirements and process to apply for long-term residence or to renew your long-term residence, don’t hesitate to contact us. Our team of lawyers is here to assist you.

FAQs About Renewing the Non-Lucrative Residence in Spain

Renewing the non-lucrative residence in Spain can be a complex process due to increased economic requirements. However, with proper preparation and meticulous documentation, you can secure a successful renewal. Additionally, consider the option of modifying your non-lucrative residence to a work permit if you meet the necessary criteria, which may provide greater opportunities to stay in Spain. Below, we address common questions and doubts about renewing the non-lucrative residence in Spain:

1. When Should I Renew My Non-Lucrative Residence? You must start the renewal process within the 60 days prior to your residence card’s expiration date or up to 90 days after its expiration (though late applications may result in fines).
2. What Are the Requirements for Renewal? You must demonstrate continued compliance with the initial requirements: sufficient economic means, valid health insurance, and proof that you have not engaged in any lucrative activities during your residence.
3. How Much Financial Support Must I Demonstrate for Renewal? To renew the non-lucrative visa, you need to show sufficient funds, equivalent to 400% of the IPREM for the main applicant and an additional 100% for each dependent family member.
4. How Long Is the Renewed Non-Lucrative Residence Valid? After the first renewal, the non-lucrative residence permit is valid for 2 years.
5. Is It Necessary to Refrain From Working to Renew the Non-Lucrative Residence? Yes, one of the renewal requirements is that you must not have engaged in lucrative activities during your stay in Spain. If you need a work permit, you should consider applying for another type of residence authorization.
6. Can I Change My Non-Lucrative Residence to Another Type During Renewal? Yes, you can modify your non-lucrative residence to an employee or self-employed work permit if you meet the specific requirements for such a change.
7. How Long Does the Renewal Process Take? The administration has a 3-month period to resolve your renewal application. If there is no response within this period, your application is considered approved through positive administrative silence. In practice, renewals often take longer than 3 months.
8. Where Should I Submit My Non-Lucrative Residence Renewal Application? You can submit the renewal application at the Immigration Office corresponding to your place of residence or online via the electronic platform for immigration services.
9. What Happens If I Don’t Renew My Residence on Time? If you fail to renew your residence within the established timeframe, you risk falling into an irregular status in Spain and losing your residency rights. It is crucial to adhere to the deadlines for renewing your residence card, whether for non-lucrative purposes or transitioning to another type of residence.
10. Can I Leave Spain While My Renewal Is in Process? It is advisable not to leave Spain during the renewal process. However, if necessary, ensure you have proof that the renewal application has been submitted.
11. What Is the Renewal Fee for the Non-Lucrative Residence? The renewal fee is approximately €790, but it may vary depending on current regulations. Always verify updated fees before proceeding.
12. Is It Possible to Work in Spain With a Non-Lucrative Residence? No, working in Spain is not permitted with a non-lucrative residence. This authorization is solely for residing without engaging in lucrative activities. If your situation changes and you wish to work, you must modify your authorization to a residence with a work permit, fulfilling the legal requirements for this new modality.

If you wish to start your non-lucrative residence renewal or any other procedure, we are here to help!