Non-Lucrative Residency

Spain has become a preferred destination for those who decide to settle abroad. Over the past few decades, many people have chosen to move in search of a better quality of life, attracted by factors such as the pleasant climate, affordable cost of living, and a more relaxed pace of life.

If you wish to come to Spain and do not have any Spanish relatives who can reunite you or do not have a job contract in Spain, or simply want to live or retire here, obtaining a non-lucrative visa for Spain may be your gateway to a completely different life. At Lexmovea, we want to support you throughout the entire process so you can come and enjoy everything that Spain has to offer.

What is a Non-Lucrative Residency in Spain?

Advantages of Non-Lucrative Residency in Spain

Choosing non-lucrative residency in Spain offers numerous benefits, including the following:

1. No Initial Economic Commitment: This non-lucrative residency visa does not require the applicant to make any financial investment in Spain.
2. Facilitates the Acquisition of Spanish Nationality: If you have the necessary means to reside in the country for the required time, you can apply for Spanish nationality (generally after 10 years of residence, although exceptions apply for citizens of Latin American countries (2 years) and descendants of Spaniards). This means the time spent with a non-lucrative residence counts toward eligibility for Spanish nationality.
3. Free Movement in the Schengen Area: This visa allows free movement within the member countries of the Schengen Agreement, including Spain.
4. Ideal for Individuals with Passive Income: Those whose primary source of income is passive income are ideal candidates for this type of non-lucrative visa in Spain, as economic activities are not permitted within Spain under this visa.
5. No Need for Employer Sponsorship or Work Contract: You do not need a company to sponsor you with a work contract.
6. Ability to Bring Direct Family Members: You can come to Spain directly with your immediate family members (without needing to wait for a year as in the case of initial work permits for employees).
7. Option to Change to a Different Residency After One Year: After one year, you can change to another type of residency (e.g., work permit) or at any time if applying for one of the work permits managed by the UGE (Investor, Digital Nomad, or Highly Qualified Professional).
8. Applicant Does Not Depend on a Third Party to Apply: The applicant is not dependent on a third party to apply for this residency.

Can I bring my family if I apply for a non-lucrative residency?

In a non-lucrative residency visa application in Spain, the direct family members of the applicant, such as the spouse or registered partner and dependent children, can obtain permanent residency. This is subject to the condition that the applicant demonstrates having sufficient income to support each family member.

Requirements for the Spanish Non-Lucrative Visa

To apply for non-lucrative residency in Spain (or correctly referred to as the non-lucrative visa for Spain), it is essential to meet the following requirements and submit documents that prove you meet the requirements for non-lucrative residency in Spain:

1. Sufficient Financial Means

One of the main requirements for obtaining non-lucrative residency in Spain is to demonstrate sufficient financial means. It is crucial that the applicant can cover their own and their family’s living expenses during the residency period, without the need to work in Spain. Proof of financial means is fundamental and usually the central point of non-lucrative residency applications. This aspect is detailed further in the next section.

2. Health Insurance

To comply with the requirements for non-lucrative residency, it is essential to have health insurance contracted with an authorized insurer in Spain. The insurance must provide coverage equivalent to that of the Spanish National Health System, including medical care, diagnostic tests, surgery, and hospitalization.
The insurance must be comprehensive, with no co-pays and include repatriation to the home country. The insurance must be free of waiting periods to meet the requirements of the immigration authorities. For an adequate quote and to meet all requirements, contact us for specialized advice or even to process health insurance that ensures 100% coverage.

3. No Irregular Status in Spain

The applicant must ensure that they are not in an irregular status in Spain. Most residence authorizations must be requested from the applicant’s country of origin, and non-lucrative residency cannot be applied for from Spain. The initial non-lucrative temporary residency must be processed from the applicant’s country of residence; however, the renewal can be requested from within Spain.

1. No Criminal Record
   For adults, it is necessary to have no criminal record in Spain or in the countries where the applicant has resided in the last five years for offenses that would be punishable under Spanish law. The Government Delegation or Subdelegation in Spain will verify the absence of a criminal record through reports from the National Police, Guardia Civil, and the Central Criminal Register. Criminal records from the home country must be certified and apostilled or legalized as applicable. Importantly, the offenses must be crimes under Spanish law.
2. No Ban on Entering the Schengen Area
   The applicant must not have a ban on entry into the Schengen Area, of which Spain is a part. Entry bans, recorded in the SIRENE database, can last between 3 to 10 years, depending on the case. If the applicant has previously been expelled from a Schengen Area country and the ban is still in effect, this will prevent the granting of non-lucrative residency. It is recommended to check the SIRENE database to ensure there are no existing bans before applying for residency.
3. No Non-Return Commitment
   Those who have voluntarily returned to their home country under a return plan will not be able to apply for non-lucrative residency during the non-return commitment period, which is usually 3 years. This commitment is often tied to incentives offered by the Spanish authorities for the return.
4. No Contagious Diseases with Public Health Impact
   For the non-lucrative visa, a medical certificate is required to prove that the applicant does not suffer from diseases with significant repercussions for public health, in accordance with the International Health Regulations (2005). This certificate can be issued by a physician and must meet the requirements of Spanish embassies or consulates, which often have predefined forms to facilitate the process.
5. Payment of Residency and Visa Fees
   For the initial application for temporary residency, the fee 790 052 must be paid. This fee must be paid in the legal tender of the country where the application is made. It is essential to make the payment correctly to avoid delays in the processing of your application. Additionally, the corresponding visa fees must be paid at the relevant consulate.

It is important to note that although these are the general requirements, each consulate may have its own specific requirements and additional conditions. Therefore, it is crucial to have professional advice to ensure that your application complies with all the requirements and has the best chance of success.

Duration of Initial Non-Lucrative Residency and Renewals

The initial non-lucrative residency in Spain is granted for a period of 1 year from the date of entry into the country.

After this period, the renewals for the non-lucrative residency authorization are extended for 2 years each, both for the first and second renewal. Upon reaching the third renewal, it is possible to apply for long-term residency, which offers indefinite stay in Spain. However, it is important to note that while this residency status is indefinite, the foreigner’s identity card must still be renewed periodically.

Renewing Non-Lucrative Residency or First Renewal

The renewal of the non-lucrative residency is an essential process for foreigners who wish to continue their stay in Spain without engaging in any work activities. This process involves submitting a series of documents to prove that the conditions under which the initial residency was granted are still met. It is crucial to demonstrate that you have sufficient financial resources to support yourself and that you have health insurance covering medical care in Spain. Additionally, the renewal must be done within the established timeframes, as any delay could affect the legality of the stay. As previously mentioned, upon reaching the third renewal, you can apply for long-term residency.

Second Renewal of Non-Lucrative Residency

The second renewal of the non-lucrative residency requires a more thorough analysis of the applicant’s situation. It is important to prove that the initial conditions for granting residency have been maintained, such as having the required financial resources and holding valid health insurance. Documents must also be provided to demonstrate compliance with residency regulations during the previous period. This process not only guarantees the continuation of your stay in Spain, but it can also open the door to future residency options, as long as the legality is maintained and all the requirements set by Spanish regulations are met.

Proof of Financial Means for Non-Lucrative Temporary Residency

To obtain the non-lucrative temporary residency permit, it is essential to demonstrate sufficient financial resources to cover the living and accommodation expenses for both the applicant and their dependent family members during the requested residency period. The minimum amounts required, established in euros and applicable at the time of the visa application or renewal, are as follows:

1. Personal Maintenance: The applicant must prove a monthly amount equivalent to 400% of the Public Indicator of Multiple Effect Income (IPREM). This amount can be justified in foreign currency at the current exchange rate. The IPREM must be considered based on 14 payments due to case law that supports this.
2. Maintenance of Dependents: For each dependent family member, an additional monthly amount equivalent to 100% of the IPREM must be proven, also justifiable in foreign currency.

It is important to note that the total amount of financial means must be sufficient to cover the entire validity period of the requested residency permit. The accreditation of economic solvency can be done through various legal means of proof, such as:

• Company Certifications:
  If the income comes from shares or investments in companies, the applicant must prove that they do not perform any work activities within those companies.
• Bank Statements:
  Showing sufficient funds available in bank accounts.
• Property Titles:
  Proving ownership of real estate that generates regular income.
• Certified Checks or Credit Cards:
  Accompanied by a bank certification proving the available balance.

How to Prove the Financial Means Requirement for the Non-Lucrative Visa and Residency?

To meet the requirement of having sufficient financial means when applying for non-lucrative temporary residency, the Foreigners’ Regulations provide two alternatives:

1. Demonstrate sufficient financial means for the requested residency period, such as having a specific amount in a bank account (e.g., €33,600).
2. Provide proof of a periodic income source, such as rental income or a pension.

Although these are alternative options and not cumulative (i.e., only one must be fulfilled), some immigration authorities have denied applications by mistakenly interpreting that both types of financial proof are required.

This misunderstanding has led to certain Higher Courts of Justice intervening to clarify that it is sufficient to meet one of the two options, not both.

Documents Required for the Non-Lucrative Visa to Prove Sufficient Financial Means

To prove the availability of financial means, most applications are supported with bank documentation. Typically, diplomatic missions or consular offices require the submission of account statements for the last 12 months, detailing both the average balance and the current balance. This documentation is essential to verify the sufficiency of the financial resources.

According to the Foreigners’ Regulations, financial availability can be proven through various legal means. This includes the submission of property titles, certified checks, or credit cards. In the case of credit cards, these documents must be accompanied by a bank certification confirming the available credit amount.

Additionally, if the financial means come from shares or investments in companies located in Spain, whether Spanish, mixed, or foreign companies with a presence in Spain, the applicant must prove that they do not engage in any work activities within those companies. This can be done by providing a certification from the company and a sworn declaration stating that the applicant is not involved in any work activities.vidades laborales dentro de la entidad.

Engaging in Lucrative Activities in Other Countries

Although the non-lucrative temporary residency permit prohibits working in Spain, it allows the foreigner to engage in economic activities in other countries without affecting their residency status in Spain, as long as these activities do not require constant travel outside of Spain. This interpretation was supported by the Supreme Court, which stated:

“It is not that the applicant for this type of visa does not perform any work, but rather that the work is not performed in Spain. It is incorrect to claim that temporary residency in Spain is only designed for affluent pensioners who seek to enjoy a favorable climate in their old age, as suggested by the first-instance ruling in a simplistic manner without any normative foundation. In reality, it is feasible for a person, who is not necessarily retired, to establish residency in Spain while maintaining businesses in their home country that provide the necessary income to live in Spain without having to work here. In the globalized economy of the digital age, it is increasingly common and feasible to manage businesses remotely. The frequency of trips to the home country to oversee the business is irrelevant as long as effective residency is maintained in Spain, which is what really matters according to the requested authorization” (Supreme Court Ruling of March 22, 2012, Rº 299/2010).

Can I Work Remotely with a Non-Lucrative Residency?

Despite the validity of the criterion established in the aforementioned decision, it is crucial that, if you are of working age and part of your income comes from economic activities in your home country or elsewhere, you take precautions when applying for non-lucrative temporary residency. There are risks involved that could lead to the denial of your application.

Many clients in active working age, who manage international businesses or work remotely (such as computer engineers, consultants, digital marketing specialists, among others), have successfully obtained the non-lucrative visa in Spain with our assistance. This success is due to the fact that we have implemented precise and effective strategies to ensure that the consulate does not perceive these activities as incompatible with the non-lucrative permit.

If you are in a similar situation, we strongly recommend that you get in touch with us. As lawyers specialized in non-lucrative residency permits, we can offer you personalized advice and develop a strategy tailored to the specific circumstances of your case. Proper guidance is key to ensuring that your consulate interview goes smoothly and that your residency application is approved without issues.

Non-Lucrative Residency or Digital Nomad Visa?

Although the regulations only specify that no lucrative activities should be carried out in Spain and that the applicant should not be an Administrator (or hold another active position) in any Spanish company, many consulates specify that the non-lucrative residency is not suitable (and are therefore denying it) for those wishing to work remotely from Spain. Instead, the Digital Nomad Visa, approved under the Startup Law, allows non-EU foreigners to reside in Spain while providing services to foreign companies.

For more details about the Digital Nomad Visa, please consult our Digital Nomad Services in Spain. If, after a period with non-lucrative residency, you wish to work in Spain, you can do so by presenting a work contract.

Specific Requirements at Consulates: Important Considerations

Although the regulations governing the non-lucrative residency are the same for all Spanish consulates abroad, it is important to note that the application of requirements and the interpretation of documentation may vary slightly between consulates. In some cases, certain consulates may be stricter in assessing the submitted documents or request additional information not specified in the general regulations. This may be due to various factors, such as the consulate’s workload, internal policies, or past experience with similar applications.

Therefore, it is crucial to have the advice of immigration experts, such as Lexmovea, who can guide you on the specific requirements of each consulate and help you prepare your application thoroughly and accurately. This way, the risks of delays or denials due to discretionary interpretations of the regulations can be minimized.

Our team will analyze your specific case, identify the most suitable consulate for your application, and prepare all the necessary documentation to ensure that your non-lucrative residency process is as smooth and successful as possible.

Regulatory Framework for Non-Lucrative Residency in Spain

Non-lucrative residency in Spain is mainly governed by the Organic Law 4/2000, of January 11, on the Rights and Liberties of Foreigners in Spain and Their Social Integration, and its development regulations, approved by Royal Decree 557/2011, of April 20.

These regulations establish the requirements, procedures, and conditions to obtain and maintain non-lucrative residency in Spain. It is crucial to know and comply with these legal provisions to guarantee the success of your application and avoid any issues during your stay in the country.

What Documents Are Required for the Initial Non-Lucrative Residency Application?

To submit a non-lucrative residency application in Spain, it is essential to include a series of required documents, according to Article 48.2 of the Foreigners’ Regulations. Below are the required documents:

1. Passport or Travel Document: The applicant must present a valid passport or a travel document recognized by the Spanish authorities, with a minimum validity of one year. This document is crucial to verify the applicant’s identity and legal status.
2. Criminal Record Certificate: Applicants over the age of 18 must provide a criminal record certificate or an equivalent document. This certificate must be issued by the authorities of the country of origin or the countries where the applicant has resided during the last 5 years. It is important to ensure that the applicant has no relevant criminal history.
3. Proof of Sufficient Financial Means: The applicant must present documentation proving they have sufficient financial means to cover their stay in Spain, as detailed in section 5.2. This ensures that the applicant can maintain their residency without needing to work in the country.
4. Health Insurance: A private or public health insurance policy contracted with an insurer authorized in Spain is required. This insurance must provide full coverage for the entire duration of the residency.
5. Medical Certificate: A medical certificate must be provided, confirming that the applicant does not suffer from any diseases that could have serious consequences for public health, according to the International Health Regulations of 2005. This document ensures that the applicant does not pose a risk to public health.
6. Immigration Form: EX01 Form must be filled out and submitted as part of the application.
7. Fees: The visa fee for applications submitted at a consulate, as well as the foreigners’ fee (790 052), must be paid for processing the application.

Procedure for Applying for Non-Lucrative Residency

The process to obtain non-lucrative temporary residency in Spain consists of several key steps:

Application Submission:

The first step is to submit the non-lucrative residency application at the Spanish diplomatic mission or consular office in your home country. This step is crucial to initiate the process and must be completed with the required documentation.

Evaluation and Decision on Authorization:

Once the application has been submitted, it is the responsibility of the Delegation or Subdelegation of the Government in Spain to decide on the non-lucrative residency authorization. This body evaluates whether the applicant meets the requirements set by Spanish regulations.

Issuance of the Residency Visa:

After the residency authorization is approved, the Spanish diplomatic mission or consular office proceeds to issue the non-lucrative residency visa. This visa allows the applicant to enter Spain with the purpose of residing under this status.

Visa Collection:

Finally, the applicant must collect the visa at the same diplomatic mission or consular office where they initially applied. It is essential to complete this step to finalize the process and travel to Spain with the corresponding visa.

Travel to Spain and Obtaining the Non-Lucrative Residency Card

After receiving a favorable decision, the applicant has one month to collect the visa at the consular office. Once the visa is obtained, the applicant has 3 months to travel to Spain. The arrival date in Spain will mark the start of the validity of the authorization.

The next step is to register with the local municipality. Then, the applicant must request the Foreigner’s Identity Card (TIE) within one month of entering the country. The TIE will be valid for one year and will be issued after visiting the nearest police station with the following documentation:

• Official application form EX-17.
• Recent color passport-size photograph.
• Proof of payment of the corresponding fee.

Each stage of the process must be carefully followed to meet the established requirements and ensure a smooth transition to residency in Spain.

Renewal of the Non-Lucrative Residency Authorization

When the validity of the authorization is nearing its expiration, the foreign citizen can request a renewal. This procedure must be done within the 60 calendar days prior to the expiration date, although it can also be initiated within the 90 calendar days after expiration, with the possibility of incurring a sanction.

In both cases, the permit’s validity is automatically extended until the renewal is resolved. The requirements, as stated in Article 51 of the Foreigners’ Regulations, are as follows:

• Possess a valid non-lucrative residency authorization or be within the 90 days after its expiration.
• Have sufficient financial resources for the validity period of the authorization, meeting the same requirements as the initial authorization.
• Have contracted health insurance, either public or private, with an authorized entity.
• Prove the schooling of dependent children of mandatory school age during the stay in Spain.
• Have paid the corresponding fee.

The application, using the official form correctly filled out, must be accompanied by the required documentation as specified in the mentioned provision. For more details about the renewal of non-lucrative residency, visit our service.

Can the Non-Lucrative Residency Be Requested from Spain?

In principle, no (until the new regulation comes into effect), unless it is a modification from another type of residency or stay, in which case it is allowed to be in Spain.

Main Causes of Non-Lucrative Residency Denial

The denial of a non-lucrative visa in Spain can occur for various reasons, as outlined in Article 48.6 of the Foreigners’ Regulations. Below are the main causes for denial and the importance of specialized legal advice to avoid problems during the process:

1. Compliance with Requirements: The visa may be denied if the applicant fails to meet all the necessary requirements. It is crucial to ensure that all documentation is complete and correct to avoid denial for this reason. In the case of these permits, it is essential that the financial means be legal, traceable, and easily recognizable by the applicant.
2. False Documentation or Inaccurate Allegations: Submitting false documents or inaccurate information, as well as acting in bad faith, can lead to the denial of the application. Honesty and accuracy in the submission of documents are essential for a successful application.
3. Reasons for Inadmissibility to Process: The reasons for inadmissibility established in the Immigration Law should be considered. These include:

• Lack of Legitimacy or Insufficient Accreditation:
  The application may be rejected if the applicant is not properly authorized or if the representation is not correctly accredited.
• Submission After the Deadline:
  Applications submitted after the legally established deadline can be rejected.
• Repeated Denied Application:
  Attempting to apply again after a previous denial can complicate the process. The initial denial may negatively affect the new application.
• Ongoing Sanction Procedure or Expulsion Order:
  If there is an ongoing sanction procedure that could result in expulsion, or if there is an expulsion order in place, the application may be denied.
• Entry Ban:
  Applications from foreigners who have an entry ban in Spain will be rejected.
• Unfounded Applications:
  Applications lacking a solid foundation may be rejected.
• Irregular Situation in Spain:
  Foreigners who are in an irregular situation in Spain will have their application denied.
• Failure to Submit Personally:
  In some cases, the law requires that the application be submitted personally; failure to comply with this requirement can result in denial.

Non-Lucrative Residency Denial

Specialized legal advice is crucial to avoid the denial of a non-lucrative visa. An expert immigration lawyer can guide you through the process, ensure that all the requirements are properly met, and avoid common mistakes that can lead to denial. Professional guidance from the outset can make a significant difference in the success of your application and help avoid additional complications in the future.

If you face a denial or inadmissibility, do not hesitate to contact us. Our team of immigration lawyers is here to help you challenge unfavorable decisions and ensure your application is correctly submitted from the start. You can file a reconsideration or administrative litigation appeal.

Opportunities with Non-Lucrative Residency

Non-Lucrative Residency and Its Opportunities

The non-lucrative residency offers opportunities for study and the possibility of undertaking unpaid internships. This visa is similar to the student visa, allowing you to enroll in an educational institution and continue your studies. Additionally, you can undertake internships at a company with this type of authorization.

Many of our clients ask if they can make investments while holding a non-lucrative residency. Although this visa does not allow for professional activities, it does allow for investments. For example, you can invest in company shares and generate additional income.

It is important to highlight that it is not necessary to make investments to obtain this residency permit. Unlike other visas, such as the investor visa, there is no requirement to invest in the country to qualify for non-lucrative residency. You only need to demonstrate that you have sufficient funds to cover your monthly expenses.

Non-Lucrative Residency and Spanish Citizenship

For those wishing to obtain Spanish citizenship, non-lucrative residency is a viable option. First, you obtain resident status, and depending on your nationality, you will be required to reside a certain number of years before applying for citizenship.

The non-lucrative residency is a permit to stay temporarily in Spain for one year. After this initial period, each renewal is valid for two years. After five years, you can apply for long-term residency in Spain.

Each year you reside in Spain with this permit counts toward the total years required for citizenship. This will eventually allow you to obtain Spanish citizenship. If you are from the Philippines or Latin America, you will only need two years of non-lucrative residency to apply for Spanish nationality. Although you won’t be able to work, you will be able to make investments during this time.

In summary, it is not necessary to have worked in Spain to obtain Spanish nationality; you only need to have been a legal resident for the required number of years. For example, a resident from Latin America can apply for Spanish nationality after two years of legal residency as a non-lucrative resident in Spain.

Reflections on the Application for Non-Lucrative Residency in Spain

It is not uncommon for a visa application to be rejected if it does not generate economic benefits. The lack of sufficient financial resources is one of the main reasons for rejection. The requirements may vary between consulates, and in some cases, additional documents may be requested that are not specified by law.

Therefore, if you do not meet one of the requirements of the consulate where you will submit your application, this could lead to the denial of your visa. It is advisable to consult with a legal professional in these situations, as this will increase the chances of successfully obtaining your non-lucrative residency permit.

For more information and assistance with your application for non-lucrative temporary residency, don’t hesitate to contact Lexmovea. We are here to help you make your dream of living in Spain a reality.

Questions and Answers about Non-Lucrative Residency

At Lexmovea, we understand that the non-lucrative residency application process can raise questions. Let us guide you with clear and personalized answers so you can make informed decisions about your future in Spain.

1. How long does the non-lucrative residency process take?
   The resolution period can vary, but it generally takes between 3 and 6 months. Some consulates, however, process applications much faster, typically in about 40-45 days.
2. Can I work with the non-lucrative residency?
   No, this permit does not authorize the holder to engage in any paid work in Spain.
3. Can I renew the non-lucrative residency?
   Yes, the non-lucrative residency can be renewed as long as the required conditions continue to be met.
4. Can I apply for Spanish nationality with the non-lucrative residency?
   Yes, after residing in Spain legally and continuously for a certain period of time, you can apply for Spanish nationality.
5. Can I include my family members in the non-lucrative residency application?
   Yes, it is possible to apply for non-lucrative residency for direct family members, such as a spouse and minor children, provided you can demonstrate the financial capacity to support them.
6. Do I need to have housing in Spain to apply for non-lucrative residency?
   No, it is not required to own property, but you must prove that you have a place to live in Spain, either through a rental contract or an invitation letter from a resident in Spain.
7. What documentation do I need to apply for non-lucrative residency?
   • Valid passport.
   • Criminal record certificate.
   • Medical certificate.
   • Proof of financial means (bank statements, investments, etc.).
   • Private health insurance.
   • Rental contract or invitation letter from a resident in Spain.
   • Additional documents that the consulate associated with your residency may request.
8. Can I study with the non-lucrative residency?
   Yes, foreigners with a non-lucrative residency can engage in academic activities in Spain. In fact, they can participate in university internships, even if these are paid. While the non-lucrative residency does not allow for direct employment in Spain, university internships are considered educational activities, not employment. According to Article 2.3 of Royal Decree 592/2014, university internships are allowed under this status without violating the work restrictions of the residency permit.
9. Where can I get more information about non-lucrative residency?
   You can contact Lexmovea, immigration law experts, for personalized advice and to resolve any questions you may have regarding the non-lucrative residency application process.