The Non-Lucrative Visa in Spain

What is a Non-Lucrative Visa?

The Spanish Non-Lucrative Visa is an authorization that foreigners can apply for from their countries of origin that authorizes them to live in Spain without engaging in employment activities. This is a type of settlement visa that allows foreigners to live in Spain with no need to work. It’s mainly aimed at people with enough financial resources to support themselves without the need to generate income in Spain.

This permit is intended for persons who are not citizens of the European Union, who hold sufficient assets and who wish to retire or settle in Spain without applying for a work visa or engaging in commercial operations. It’s also aimed at those intending to spend an initial year in Spain without working and who wish to work after this period, as the Spanish non-lucrative visa allows you to change and apply for a work permit once 365 days have elapsed.

As a requirement is not to engage in any type of economic activity, Non-Lucrative Visas are intended for people who mainly support themselves through passive income, such as rent, pensions or investments.

In the application for a non-lucrative residence visa in Spain, direct relatives of the applicant, such as a spouse or common-law partner and dependent children, can also obtain permission to live in Spain as permanent residents. However, this is subject to the applicant being able to provide sufficient additional income to support all family members.

What are the requirements?

To apply for this visa, it’s necessary to meet a series of requirements. These include:

• Not being a citizen of a Member State of the European Union, the European Economic Area or Switzerland, or a family member of a citizen of these countries who should be subject to the EU Citizen Scheme.
• Not being present in Spanish territory illegally. Intending to make Spain the applicant’s permanent residence. It is necessary to remain in Spain for at least 183 days per year, making the person tax resident in Spain. People who reside in Spain with this visa are considered tax resident, subject to the same tax scheme as other taxpayers. Therefore, even if they don’t work, they must pay taxes in Spain for all the income obtained in other countries. Double taxation treaties, if any, will be applied. This way, the same tax won’t have to be paid twice.
• Evidence of financial means: Applicants must show that they have sufficient financial means to cover their living expenses in Spain, without having to work. In 2024, the minimum required amount is €28,800 per year for the main applicant, plus €7,200 for each additional family member.
• Medical insurance: It’s necessary to have private medical insurance with complete coverage in Spain. This insurance policy must be obtained from an insurance company authorised to operate in Spain.
• Criminal Record Certificate: It’s necessary to provide a criminal record certificate for the country of origin as well as any other countries where the applicant has lived over the last five years.

• Medical Certificate: A medical certificate must be submitted, confirming that the applicant is free from diseases that may have serious repercussions on public health or those included in the 2005 International Health Regulations by the World Health Organisation (WHO).

• Application form: The corresponding application form must be completed and submitted at the Spanish consulate in the country of origin.
• Valid Passport: The passport must be valid for at least one year at the moment of making an application.

What is the application process?

The application process to obtain this visa is made up of several steps:

• Document preparation: Gathering all the necessary documents, making sure that they are duly translated into Spanish and legalised (apostilled).
• Application submission: The application must be submitted at the Spanish consulate in the country of origin. An appointment is required for submission.
• Interview: In certain cases, it may be necessary to visit the consulate for an interview.
• Decision: Once the application has been filed, the consulate will have a deadline of approximately three months to make a decision on the application.
• Travel to Spain: If the application is approved, you will receive a visa that will allow you to enter Spain. Once in Spain, you’ll have one month to apply for a Foreigner’s Identity Card (TIE).

What is the renewal process like?

The initial Non-Lucrative Visa is valid for one year. In order to renew it, the applicant must meet the same financial and insurance requirements and submit a renewal application before the initial visa expires. The first renewal is for two years, and subsequent renewals are also for two years.

Benefits of a Non-Lucrative Visa in Spain

Settlement through a Non-Lucrative Visa has a series of benefits, which include the following:

• It isn’t necessary for the applicant to make any financial commitment in Spain.
• Holders can move freely throughout the signatory countries of the Schengen Agreement.
• It can be used as a means to simplify the process to acquire Spanish nationality in the future.

 

Opportunities with a non-lucrative visa

With a Non-Lucrative Visa in Spain, investments can be made without restrictions but working in the country is not allowed. It’s possible to invest in property (buying and selling properties for private use or to let these out), shares, investments funds and international businesses. There is also access to the public education and health systems. However, a non-lucrative visa does not allow holders to engage in work or professional activities in Spain.

Basic regulations/legislation Non-Lucrative Visa Spain (NLV):

• Organic Act 4/2000 of 11 January: on the Rights and Freedoms of Foreigners in Spain and their Social Integration https://www.boe.es/eli/es/lo/2000/01/11/4/con  (articles 30 and 31).
• Regulation of Organic Act 4/2000, approved by Royal Decree 557/2011, of 20 April https://www.boe.es/eli/es/rd/2011/04/20/557/con (articles 45 to 49).

C&D Solicitors NLV application

Please feel free to contact our law firm for our legal fees concerning the NLV procedure in Spain. We´d be happy to walk you through the full-service process and assist you with potential related issues like a house purchase in Andalusia.

Author: Francisco Delgado Montilla (lawyer at C&D Solicitors, Malaga, Andalusia)