Non-lucrative Residence Visa Spain

What is the Non-Lucrative Residence Visa?

The Non-Lucrative Residence Visa is a visa that can be requested by non-EU citizens (nationals of third countries) who wish to reside in Spain without carrying out any work or professional activity.

This type of visa does not apply to any EU citizens or any British expatriates who have the TIE Card, as they already have the right to free movement and residence within Spain under the Withdrawal Agreement.

As the Non-Lucrative Residence Visa is an initial residence permit, the holder can only stay up to one year from their date of entry into Spain.

Are you interested in obtaining the Non-lucrative Residence Visa?

Once this period has ended, you have the option to renew your permit, with each renewal lasting two years. Renewals must be requested within 60 days before the current permit’s expiry date, or 90 days after its expiry date. The third renewal of this permit will grant the holder permanent or long-term residency (after 5 years).

You can renew this permit successively, each renewal with a two-year duration, until you reach the five-year threshold where you can apply for permanent residency.

If you are thinking of purchasing a property in Spain, our team of legal experts can provide advice and full support regarding the procedure and cost of the conveyancing process in Spain. If you are interested in investing and using a property in Spain for rental purposes, you can find more information on our guide about Renting out a property in Spain.

Non-lucrative residence permit benefits:

  • This permit allows the holder and their family members (spouse, minors, and adult children) to move to Spain. Unlike other visas, the holder does not have to reside in Spain for some time before bringing his family to Spain
  • It is not essential to invest in Spain to get this permit
  • This permit allows you to study and do paid internships in Spain

Who can benefit from the non-lucrative residence permit?

Non-lucrative Residence Visa Spain

Beneficiaries of this visa are the nationals of third countries. From 01 January 2021, British citizens who wish to enter Spain can also benefit from the Non-Lucrative Residence Visa, on the conditions that they reside for periods longer than 6 months and do not carry out any work or professional activity in Spain.

Therefore, this type of visa is designed for:

  • UK citizens who are retiring and want to live in Spain.
  • Foreign citizens who have sufficient economic means (regardless of whether assets are inside or outside of Spain) to be able to live in Spain without having to work.

Requirements to obtain the Non-Lucrative Residence Visa

  • You do not find yourself in an unusual situation within Spanish territory
  • You possess a residence permit from a third country (not a member of the EU) such as the United Kingdom, Canada, or the United States
  • Your passport has a minimum validity of one year before its expiry
  • To not have a criminal record in your country of residence or nationality, nor in Spain. No matter the applicant’s nationality, a criminal record certificate must be submitted from the country or countries where they have resided for the last five years, and they must prove that they have lived outside their country of nationality for the last five years
  • You have sufficient economic means
  • You have a place of residence in Spain, either owned or rented, as many consulates require this
  • For the joint visa, spouses, ancestors, or descendants can be included. Children can only be applied for when under the age of 21, a student, or dependent on their parents

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How Tejada Solicitors may help you with this procedure

The process to get the Non-lucrative residence Visa in Spain is quite easy, since it is managed before a Public Body exclusively dedicated to it, for which the process is usually resolved in a short period of time.

  1. We will help and support you during every step of the legal process, from filling out the application form to obtaining the Non-Lucrative Residence Visa and checking each document with the Consulate from the place of residence.
  2. We will advise you on all tax implications as a tax resident of Spain, calculating a draft of all the approximate taxes you can expect to pay so that you feel prepared.
  3. We will take care of all paperwork and translations of official documents and outsource the best English-speaking professionals specializing in the private insurance required for this visa.
  4. We will also support you in any other legal procedures, such as the property conveyancing process in Spain.
Golden Visa Spain Maria Soledad

Maria Soledad Sala – Immigration Specialist Lawyer

Procedure and deadlines to obtain the Non-Lucrative Residence Visa in Spain

Apply at the Spanish Consulate in the UK

Your application for the Non-Lucrative Residence Visa in Spain must be presented at the General Consulate of Spain in the United Kingdom. Depending on where you live in the UK, you will be assigned to a consulate district. You can check your consulate district here.

The application must be made personally by the individual who wants to obtain the visa, in their country of residence. In the case of minors, this application can be submitted by their parent, guardian, or duly accredited representative. The latter will only be approved in exceptional and justified circumstances.

Tejada Solicitors will assist you through the whole process, including obtaining the necessary documents and arranging your consulate appointment.

Non-lucrative Residence Visa Spain

Documentation required to submit an application to the consulate

  • National Visa form and EX01 form must be filled out, which will be signed and presented at the consular demarcation by a representative from Tejada Solicitors
  • Valid passport or travel document recognised as valid in Spain.
  • Certificate proving no criminal record duly legalised or apostilled, valid for 3 months for those applicants of legal age. UK applicants must present an ACRO certificate.
  • Payment for the processing of the visa.
  • Possession of public or private health insurance arranged with an insurance company authorised to operate in Spain. You must have total coverage; no shortages or co-payments. There is no need to take out private medical insurance, as you are entitled to health care in your country of residence, and some Consulates, such as the one in London, will accept it. Accordingly, in July 2022, the consulate modified the requirements and updated the procedure.
  • Medical certificate issued no later than 3 months before the submission of your visa application. Must comply with the International Health Regulations of 2005.
  • Accreditation of sufficient economic means to cover the expenses of your stay for one year.
  • Throughout 2022, you must prove that you have 27,792.96 euros in your account or that you receive a minimum monthly income of 2,316.08 euros. Every person in charge must contribute another 6,948.24 euros per year or 579.02 euros per month.
  • The official documents required to prove your sufficient economic means include payslips, state pension, government pension, pension scheme, or possession of any assets that guarantee your income.
  • This is the most challenging part of the procedure to complete. Even though the Spanish immigration law specifies that you can use any proof of sufficient economical means, including the ones mentioned above, whether this documentation is sufficient depends on which consulate you are applying at, as some consulates refuse to accept evidence of economic solvency
  • Completion of Form 720-052 with fee payment, for initial authorisation of temporary residence.
  • An interview will be held at the consulate office, which is essential for a positive decision on the visa.

All official documents must be legalised through your consulate representative, or with the Hague Apostille.

Waiting for a response from the consulate (1 month period)

Once the application has been presented to the consulate, the consulate must decide whether to approve your application for the Non-Lucrative Residence Visa within 1 month. If you do not receive a response within this time period, it means that the consulate’s decision was negative and that your application was rejected.

In the event of a positive response from the consulate, the applicant must personally collect their permit within one month from the date of their notified approval. The NIE will be handed over together with the visa.

After arriving in Spain

Holders of the visa must enter Spain within 3 months from the date that the visa was granted. Use the following link to find an in-depth checklist of what you need when Moving to Spain from the UK.

After obtaining the visa and entering Spain, holders have one month from their date of entry into Spain to visit the Foreigners’ Office to process their Foreigners’ Identity Card (TIE) and complete the registration process at the town hall corresponding to the municipality where they will be living in Spain.

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Tax implications in Spain as a result of obtaining the Non-Lucrative Residence Visa

For holders of this visa to be eligible for renewal, they must stay in Spain for a minimum of 183 days per year, thus making them a tax resident. As tax residents, they will be taxed on their worldwide income, and the double taxation agreement between the UK and Spain will apply.

Below are some of the tax implications holders of the Non-Lucrative Residence Visa will be affected by:

Personal Income Tax – Model 100
Your worldwide income will be taxed using Model 100 of the Personal Income Tax (IRPF). Any income abroad (such as pensions, rental income, stocks, dividends, etc.) will be subject to taxation. In order to avoid double taxation in Spain and abroad, the double taxation agreement between Spain and the country where your income originates will be applied to you.

Wealth Tax – Form 714
Any global assets and economic rights must be declared through Form 714 for Wealth Tax. The law on Wealth Tax regulates the required cases when the taxpayer should declare:

  • When, after calculating your tax amount, an amount is paid.
  • When, the value of your assets and rights (without deducting any debts or charges), exceeds two million euros.

Assets Declaration – Form 720
Any all-natural and legal individuals residing in Spain must complete Form 720 to declare any overseas assets and rights that exceed €50,000.

If you do not declare the above in time, the Spanish Tax Agency will use any data from official documents (Non-Lucrative Residence Visa, Social Security Card etc.) and exchanges (electric and gas bills, credit card usage etc.) to demonstrate your tax residence within Spain. If this situation does occur, you will incur your taxes and any further penalties.

Transferring your Non-Lucrative Residence Visa to a Golden Visa

According to article 66 of Law 14/2013, holders of the investor visa can apply for a residence authorisation for investors (the so-called Golden Visa). Also, if the investor and his/her family members are regularly in Spain, for example with a previous Non-Lucrative Residence Visa or other short-term stay authorisation, they could apply to hold the Golden Visa for Spanish residency without the need to return to their country of origin for the application process. This is a matter that will always be left to the discretion and study of the competent administrative body.

Any Spanish property purchases made under the Non-Lucrative Residence Visa can be part of the total investment towards a Golden Visa. For example, if a property purchase in Spain of €200,000 is made by a holder of the Non-Lucrative Residence Visa, this can go towards the €500,000 investment needed for the holder to be granted a Spanish Golden Visa. Investments towards the visa will only count if they were made after 28 September 2013.

Non-lucrative residence Visa: Frequently Asked Questions

If you want to apply for this Visa you need to go to the closest Spanish Consulate in the UK. You can check your consulate district here.

This procedure must be in person, just in the case of minors, this application can be submitted by their parent, guardian, or duly accredited representative. The latter will only be approved in exceptional and justified circumstances.

Beneficiaries of this visa are the nationals of third countries. From 01 January 2021, British citizens who wish to enter Spain can also benefit from the Non-Lucrative Residence Visa, on the conditions that they reside for periods longer than 6 months and do not carry out any work or professional activity in Spain.

Therefore, this type of visa is designed for UK citizens who are retiring and want to live in Spain, or any other foreign citizens who have sufficient economic means to be able to live in Spain without having to work.

The duration of the process depends mainly on the Spanish consulate in the United Kingdom. They have one month to approve the request, if they do not receive a response, the request will be deemed rejected.

Besides, different documents are required to make the application, so you also have to bear in mind the time spent gathering all the documents.

You can prove that you have sufficient economical means in many ways, like income from pensions and payroll, for example. However, every consular demarcation has its own internal rules on what evidence is acceptable to demonstrate your financial capacity. We can advise you on this at Tejada Solicitors.

It is not necessary, but there are certain countries, like China, where it is essential that you have a Spanish bank account with funds in it.

As the Non-Lucrative Residence Visa is an initial residence permit, the holder can only stay up to one year from their date of entry into Spain.

Once this period has ended, you have the option to renew your permit, with each renewal lasting two years. Renewals must be requested within 60 days before the current permit’s expiry date, or 90 days after its expiry date. The third renewal of this permit will grant the holder permanent or long-term residency (after 5 years)

This depends on the consulate that processes the application. Some require the applicant to have an NIE, a rental contract or homeownership, however it is not mandatory across the board.

Benefits of the Non-Lucrative Residence Visa

Work remotely from Spain

This permit does not allow you to carry out any work activity in Spain; however, you can work remotely for any company or clients abroad.

Family Application or Joint Visa

Joint Visa includes your spouse, ancestors, or descendants.

If you wish to, you can invest in Spain

It is not compulsory to invest in Spain to obtain the Non-Lucrative Residence Permit. However, if you are thinking to buy a property in Spain, we can advise you regarding the property conveyancing process.

Free movement in the Schengen Area

This visa will allow the holder to travel with complete freedom to the countries within the Schengen Area.

The Tejada Solicitors team can provide full support before and throughout the procedure of obtaining the Non-Lucrative Residence Visa, as well as any tax implications that will apply to you.

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