Obtaining residence in Spain. The Temporary Non-lucrative visa. Right to reside without working.

Residency in Spain without the right to work. (Non-Profit)

Concept

It is a type of Visa or residency aimed at non-European citizens (not from the European Economic Area nor Switzerland). It authorises them to reside temporarily in Spain, without carrying out any work activity. That is, it is a residency without working and is regulated in Law 4/2000, and Regulation 557/2011.

In addition, it is a temporary residency authorisation; therefore, it must be renewed. Likewise, and unlike the residence for investors, or Golden Visa, it is not necessary to make an investment.

The fundamental idea is to prove that you have enough means to stay in Spain and it can be the first starting point, for obtaining a work permit, or change nationality.

Requirements

To be eligible for this residency or visa, it is essential to meet a series of requirements:

– Not be illegally or improperly in Spain.

– You should not have a criminal record

– Not being prohibited from entering Spain

– Have the ability and sufficient financial means to live in Spain. Which means:

-Monthly at least in 400 per cent of the IPREM, (€564.90 for the year 2021) That is, the monthly amount of €2,259.60, which means at least €27,115.20 annually

-In addition, for each dependent family members, 100 per cent of the IPREM must be added and for 2021 the amount is €564.90.

-You must have health or medical insurance, with full coverage in Spain.

– You must not suffer from any of the diseases that can have serious public health repercussions.

Process

You must start with the application in person, outside of Spain. The place of presentation being the Spanish Consulate in the country where you reside.

The corresponding fees must be paid and the necessary documentation must be provided.

After obtaining it, you must enter Spain, and here request the Foreigner Identity Card (TIE)

Other matters of interest

In principle, it does not allow work in Spain (Residency without working), but it does in third countries.

– You can also invest, study, etc.

-Once obtained, you can travel freely through the Schengen territory

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The information provided in this article is not intended to be legal advice, it merely conveys information related to legal issues.

The information provided in this article is not intended to be legal advice, it merely conveys information related to legal issues.

Carlos Baos (Lawyer)

White & Baos

Tel: +34 966 426 185

E-mail: info@white-baos.com

White & Baos 2021- All Rights Reserved.

11 thoughts on “Obtaining residence in Spain. The Temporary Non-lucrative visa. Right to reside without working.

  1. Hello,

    Would the non-lucrative visa be granted to a native British citizen on a British passport who has resided in the Netherlands for a number of years?

    1. Thank you for your messagel.
      In Spain, it is necessary that the applicant is not living in irregular way in Spain. So, if you are living in Netherlands, and you apply for the Spanish Non Lucrative Visa, and you match with the conditions, you could apply for it.

  2. Hello Carlos, hope you are well. You may remember you acted for us on the purchase of our house in Moraira and the plot next door, and our Wills. We are still resident in UK, but spend about 6 months in Spain, coming and going. The 90 days in 180 days post-Brexit rule could be a problem for us so we are wondering if the Temporary Non-Lucrative Residency would be good for us, as we do meet all the requirements. However, would it mean we have to pay Spanish tax, as we are paying tax in England and will need to continue doing so?

    1. Dear Mr and Mrs Casey, thank you for your message.
      Yes, we remember you, and it is nice to hear from you. We hope that all is OK.
      Yes, I am sure that you will meet the requirements to become if you want, resident in Spain as per the Non Lucrative Visa.
      About being considered tax resident or not, we need to check your case in detail.
      Although be resident (permit to stay in Spain), it is not the same of being tax resident.

      It the Spanish taxman will normally consider you tax resident if you spend more than 183 days per year in Spain, or you have your main economic interests in Spain, etc.
      We can study your case if you want.
      You could send us an email to info@white-baos.com, or give us a call.
      Nice to hear from you, best regards,

  3. Hi Carlos.
    Does the annual income have to be shown to be coming into a Spanish bank account, or can I simply prove that annual pensions arrive in my UK bank account?

    1. Thank you for your message. Normally will need to be shown a balance during certain period of time in your Spanish bank account

  4. Hi Carlos
    The amount to be invested in your Spanish bank account is this per person or is there a joint amount for a married couple that would be less than two single amounts?
    We are aiming to move to our Spanish home in fuengirola October 2021 – all things COVID considered and want to prepare our finances before we arrive. Thank you

    1. The amounts required are higher depending on the family members applying for the Visa. On the article above, states the fix amount required, and how much more is asked for per extra family member. Regards

  5. Hi there, Please could I ask a question regarding eligibility to apply for a non lucrative visa. We are a family of 4 (married) and my mum has Spanish residency. We are currently looking to sell our house in England and move to Spain. We would have enough money in the bank to cover the monthly income from the profits of our sale of the house. Please could you advise if we would be eligible to apply for the non lucrative visa or if not is there another way we could move to Spain post brexit? Kind regards.

    1. Yes, if you are able to provide the documents needed: criminal records, health insurance policy, etc, You could get the Non Lucrative, that allow you to stay in Spain but not work in Spain.

      About the Financial means required to cover the living expenses and, where appropriate, those of their family members, for one year, in accordance with approved amounts, refered to the IPREM (Indicador Público de Renta de Efectos Múltiples).

      The availability of sufficient financial means will be evidenced by the submission of original and stamped documents that verify the receipt of a periodic and sufficient income or the holding of an estate that guarantees the receipt of that income. If the financial means come from shares or participations in Spanish companies, mixed or foreign companies, based in Spain, applicants shall prove, by certification thereof, that they don’t carry out any work activity in such companies and will submit an affidavit to that effect.
      The BANK STATEMENTS, if possible, it is best to present the last 6 MONTHS to avoid problems, as up to date as possible on the day of the appointment, it is NOT necessary to translate them, but they must be originals and stamped by the bank branch, not online printouts. The ownership of the account must be visible.

      We can assist you if you want to apply for them.

      Best regards,

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