When applying for residency in Spain, you must be familiar with the different visa and residency options based on your country of origin and personal goals. To help simplify the process, we’ve created this detailed guide to navigate Spain’s bureaucracy and make your move as smooth as possible.
To navigate the process of obtaining Spanish residency, it’s important to note that you should only begin the application if you plan to stay in Spain for more than 90 days.
For EU citizens, short stays are straightforward, requiring no visa or special authorization. However, if you’re from outside the EU, you’ll need a Schengen visa for short stays, which allows you to remain in Spain for up to 90 days within a 180-day timeframe.
If you aim for a longer stay—whether for work or personal reasons—you must apply for Spanish residency. This residency allows you to live in Spain for about one year, with the option to renew.
The application process differs depending on whether you are an EU citizen or a non-EU national.
Any EU or non-EU citizen residing in Spain for more than three months must apply for a Spanish residency certificate. This certificate grants you the legal status needed to live in Spain and ensures you are subject to the same tax rights and responsibilities as Spanish citizens. Spanish residency comes in two forms: one for EU citizens, who must register with the Central Registry of Foreigners, and another for non-EU citizens, who must enter Spain with a visa.
Holding a Spanish residency permit provides you with rights similar to those of Spanish citizens, such as access to education for your children, the ability to work, and healthcare. It’s also important to be aware of the tax obligations that come with residency, as you will be a taxpayer with the Spanish Tax Agency.
To understand the differences between a visa and residency, it’s essential to define both terms, as they are related but distinct.
A visa is a prior authorization that permits foreign nationals to enter Spain for a specific period and purpose. It is issued by the Spanish consulate in the individual’s home country. Typically, only non-EU citizens are required to obtain a visa.
Residency authorization, however, allows an individual to stay in Spain for more than 90 days. This involves registering with the municipal census and applying for residency once the individual has entered Spain with the appropriate visa. EU citizens, who do not need a visa to enter Spain, must still register with the Central Registry of Foreigners to obtain their residency permit.
Upon granting residency, a Foreigner’s Identification Card (TIE) will be issued. This card is proof of legal residency and permits the holder to live and work in Spain.
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When considering relocating to Spain, it’s essential to understand the different residency options available and the visa types you may need. Depending on your country of origin, obtaining temporary residency in Spain can be done in several ways. If you’re an EU citizen, you will only need to acquire the EU registration certificate. Non-EU citizens, however, will need to apply for a visa or residency permit based on their purpose of stay, such as working, studying, retiring, etc.
Work Permit Visas vary depending on the nature of the job you are applying for in Spain. Generally, the employer is responsible for initiating the permit process. The Highly Qualified Work Permit is required for managerial or technical positions with a salary exceeding €40,000 annually. Additionally, the EU Blue Card allows you to work across the EU.
The Non-Lucrative Temporary Residence Visa is intended for foreigners who wish to live in Spain without employment. Applicants must prove they have sufficient financial resources to support themselves during their stay without needing to work.
The Student Visa allows non-EU nationals to study or conduct research in Spain. This visa also permits work and paid internships related to your field of study.
If you hold a residency permit in Spain and wish to bring your family, the Family Reunification Visa allows your family members to enjoy the same residency benefits. This process is relatively straightforward, with a resolution time of up to three months.
The Entrepreneur Visa is designed for individuals who want to start a business in Spain that aligns with the country’s economic interests and demonstrates innovation. To qualify, you must present a detailed business plan.
You may qualify as a digital nomad if you work remotely or from home. In Spain, digital nomads are eligible for the Non-Resident Income Tax, which offers significant tax benefits to those looking to live and work there.
You may benefit from these tax deductions if any of the following apply:
Spain is actively encouraging skilled professionals in fields like technology and digital industries to make the move. The country has recently introduced legislation to attract remote workers, making it easier for you to live and work in Spain.
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As mentioned earlier, EU citizens are not required to obtain a visa to reside in Spain long-term, but they do need to register with the EU Citizen Registry. In contrast, non-EU citizens must secure the appropriate visa before entering Spain.
The process for applying for residency in Spain differs depending on whether you’re a citizen or a non-EU citizen.
For EU citizens, the procedure is straightforward: simply visit the Immigration Office or the nearest police station to your place of residence in Spain.
Non-EU citizens, however, must follow a more involved process. After gathering all the necessary information and documents, the first step is to apply for the appropriate visa at the Spanish consulate in your home country. The only exceptions are the Investor Visa (Golden Visa) and the Digital Nomad Visa, which can be applied for directly in Spain through the Large Companies Unit.
In most cases, once the consulate approves the visa, it will be stamped in your passport, allowing you to travel to Spain within a maximum of 90 days. After arriving in Spain, you must schedule an appointment at the police station to register your fingerprints and obtain your Foreigner Identity Card (TIE) within one month.
The documents required to obtain a visa will vary depending on the specific visa being requested.
Both non-EU visa applicants and EU citizens registering for residency must prove that they have sufficient financial resources to support themselves while living in Spain without burdening the state. This applies not only to the applicant but also to their family members if they are relocating together. The minimum income required also varies depending on the type of visa.
Other common requirements include private health insurance and a Foreign Identification Number (NIE), though this can sometimes be obtained during the residency application process. A valid passport is also essential.
Additional requirements include:
Completing each of these steps is vital to ensure you meet all the legal conditions for residing in Spain.
Applying for the correct visa or registering with the Central Foreigner Registry is not complicated if you are well-informed and understand each step, but it can become overwhelming if you do not thoroughly understand all the requirements. For this reason, we highly recommend that you seek assistance from legal experts to ensure a smooth and successful process.
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Permanent residency refers to settling permanently in Spain after living in the country for five consecutive years.
Upon their initial registration, EU citizens are granted a residence card valid for five years. If all initial requirements are met again, this card will be renewed and converted into permanent residency.
Depending on the visa through which they obtained their residence permit, non-EU citizens will need to renew it annually or biennially until they reach five years of residency, at which point they can apply for permanent residency.
As mentioned earlier, permanent residency can be requested after residing in Spain continuously for five years without interruption. Once obtained, the type of temporary residence card you held no longer matters, and you will enjoy the same residency and employment rights as a Spanish citizen.
The documentation required for permanent residency includes:
There are special cases where permanent residency can be granted before the five-year mark, including:
To prove legal residence for five years, applicants can provide:
The Immigration Office will verify that all requirements are met once the documents are submitted and the corresponding fee is paid. Afterward, they will issue a permanent residence certificate, including personal information such as nationality, address, foreign identity number, registration date, and the permanent nature of the residency.
The benefits of obtaining permanent residency in Spain include:
To apply for permanent residency, you must visit the Immigration Office or police station in the province where you have established residence and schedule an in-person appointment. This must be done five years after receiving your initial residency permit, meeting the requirements outlined above, and proving continuous residence in Spain for five years. You will also need to meet the same criteria that were initially required for your temporary residency.
For European Union citizens, obtaining residency in Spain is straightforward. The main requirements include proving sufficient economic means to support yourself during your stay and having private health insurance. Once these conditions are met, you can register in the ForeignForeigners’ry. You won’t need to renew your residency until five years have passed, at which point you can apply for permanent residency if you’ve maintained continuous residence in Spain.
When a foreign national, commonly known as an expatriate, moves to Spain, it’s important to distinguish between two concepts that are often confused: legal residency and tax residency.
Legal residency refers to the right to reside in Spain legally, which may or may not allow you to work, depending on the type of visa or residency permit. Generally, legal residency implies becoming a tax resident, which means you will be subject to Spanish taxation on your global income and gains.
To determine tax residency in Spain, there are three main criteria:
Many of our clients inquire about the tax implications and residency options they might face if they decide to live in Spain as expatriates. We strongly recommend prior planning to avoid unpleasant surprises. As an expatriate, you’ll be taxed on your worldwide income, including pension withdrawals, and any profits made from selling your primary residence in your home country after becoming a Spanish resident will be subject to Spanish taxation. For more information, see our article on Exemption of Capital Gains Tax on the Sale of Your Primary Residence Abroad.
In summary, expatriates are subject to the following tax obligations:
Staying informed and up to date with these obligations is essential to a smooth and successful residency experience in Spain.
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Once you’ve received your residency permit, it’s essential to understand its validity and the requirements to maintain this status. Below, we detail these aspects.
It’s crucial to be aware of the expiration date of your residency card, as failing to renew it on time may result in the loss of your residency status. Generally, the renewal process will be the same as the one used to obtain the residency, requiring the same documentation and qualifications to be met.
After obtaining Spanish residency, several factors can lead to losing your status, including the following:
Time Spent Outside Spain: Temporary residents must not spend more than six months outside of Spain. For long-term residents, this period is extended to 12 months.
Failure to Renew Residency Card: You must renew your residency card 60 days before it expires, or within 90 days after the expiration date if renewal was delayed. Failing to meet this timeline can result in the loss of your residency.
Work Status: If you hold a work-based residency permit, you risk losing your residency if you do not work for at least six months per year or are not actively seeking employment.
Criminal Record: Having a criminal record or committing a crime during your residency in Spain can also result in the loss of your residency status.
Outstanding Debts: Owing money to Spain’s tax authority (Hacienda) or to Social Security can lead to the revocation of your residency.
Schooling Requirements: If you have school-age children who are not enrolled in school, this can also affect your residency status.
By adhering to these conditions, you can ensure that your residency status remains valid.
At Tejada Solicitors, we offer a comprehensive service with specialized lawyers in immigration, international taxation, and property conveyancing. Our legal experts work collaboratively across all legal areas to provide clients with the highest level of legal security.
As discussed throughout this article, obtaining residency is not overly complicated if you are aware of all the requirements and can prepare the necessary documentation in advance. However, seeking guidance from expert lawyers who can assist you through the entire process is highly advisable. This will help avoid delays, complications, and unnecessary costs that can arise from not fully understanding the relevant laws and required paperwork.
At Tejada Solicitors, our team of immigration specialists will guide you step by step, ensuring a smooth and efficient process to successfully achieve your residency goals.
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