How to obtain a residence visa for non-lucrative purposes in Spain

To obtain a residence visa for non-lucrative purposes in Spain, it is not necessary to invest in the Spanish economy. Instead, the decisive factor for approval of the residence request is a regular influx of monetary funds into your bank account from outside of Spain or have financial resources sufficient for the period of residence that is being requested.

According to the Spanish Law, all foreign residents who plan to stay in Spain for a period exceeding 90 days per year without engaging in any kind of professional activity can qualify for a non-lucrative residence in Spain.

The visa processing times can range from 20 days to several months (and depends upon the availability of the required documents and the specific country of submission), and begins with the application at the Spanish Consulate, which verifies and check all the documents and paperwork, this is the first part of the process, and once this has been registered at the Visa System, the Consulate will contact with the Immigration Office of the Spain province where you want to live,  in order to start with the second part of the process, here the authorities will check if you are including in the next points, return prohibition, criminal record in Spain, and they approve or denies the application.

If the residence is approved, the Consulate will contact you in order to stamp your passport with a residence visa for non-lucrative purposes for Spain (D category), which means that the second phase of the process is finally over.

At the final stage your main purpose is to obtain a plastic card that serves as the official residence permit and personal identification in Spain (this is just a formality).

The processing time for this card is about one month. To collect the card, one must visit the National Police department and present the following documents: photos (2), passport, fees (in some police stations request for a census registration issued in the municipality where you live in your own or rented house or apartment).

Initially, non-lucrative residence in Spain is issued for one year only, with an option to extend it (this time for two years, later for another two years, and five years, and it will become a permanent residence) this type of residence obliges one to be physically present on Spanish territory for the duration of six months. If one fails to meet this criterion, the non-lucrative residence in Spain will not be extended

For the granting of an initial authorization of temporary residence without any labour or professional activities as well as the corresponding visa.

Foreign applicant shall meet the following requirements:

  1. Not be in Spain in an irregular situation.
  2. Be over 18 years of age.
  3. Have no criminal record in Spain or in the countries where they have resided for the past five years, for offences defined in the relevant Spanish legislation.
  4. Not be subject to an alert issued for the purposes of refusing entry in the territorial space of countries with which Spain has signed an agreement in this regard.
  5. Have a public or private health insurance policy with an insurance company authorised to operate in Spain.
  6. Have sufficient financial resources for themselves and their families during their residence in Spain.
  7. Do not suffer from any illnesses that may have serious public health implications in accordance with the provisions of the international health regulations of 2005.
  8. Have paid the visa or authorisation processing fee.

The spouse or common-law partner and any children under 18 years of age or those of legal age who cannot provide by themselves and have not constituted their own family unit and parents who are dependent, who accompany or join the foreigner, may apply jointly and simultaneously or successively for their authorisation and, where appropriate, their visa.

Financial means to prove to obtain a temporary residence authorisation

  1. Foreigners wishing to reside in Spain without work or gainful activity must have financial resources sufficient for the period of residence that request, or prove a source of regular perception of income, for himself and, where appropriate, his family, in the following amounts, which are set with character minimum and concerned at the time of application for visa or renewal of the authorization.

For its continued existence, during their residence in Spain, an amount that represents 400% of the IPREM monthly in euros, or its legal equivalent in foreign currency.

The required sum is calculated using IPREM (Indicador Público de Renta de Efectos Múltiples) and constitutes €2,151.36 euros per month (IPREM, multiplied by four) and €537.84 euros for each family member who moves to Spain with the applicant.
For the support of each one of the family in charge, during their residence in Spain, an amount that represents 100% of the minimum wage index monthly in euros, or its legal equivalent in foreign currency, amount to accredit additional way to referred to in paragraph to) above.

  1. In both cases, the overall amount of financial means must involve the provision of the monthly amount calculated on the basis set out in the preceding paragraph, in relation to the time of validity of the requested authorisation.
  2. The availability of financial means sufficient will be credited upon presentation of the documents that verify the perception of periodic income and enough or the possession of a heritage that ensures this perception of income.

Availability may be established by any means test admitted in law, including the contribution of property titles, certified checks, or credit cards, which must be accompanied by a bank certification attesting the quantity available as credit card above.

If the resources come from shares or equity units in Spanish companies, mixed companies or foreign companies based in Spain, evidence must be provided by means of a certificate issued by the company stating that the applicant does not carry out whatsoever employment activity, together with an affidavit of said fact

Procedure

Foreigners wishing to reside temporarily in Spain, they shall personally request the corresponding visa, in the diplomatic mission or Spanish consular office, where they had their legal residence, enclosing the original and one copy of the following documents with the application:

  1. Two national visa application form. The application form must be signed and filled out in print.
  1. Two passport-type photos: (see specifications) Size 3,5×4,5 (white background).
  1. External passport valid for a minimum of one year after the intended date of departure from Spain, with at least two blank pages to affix the visa and a copy of all the pages.
  1. A completed and signed non-lucrative residency permit application EX-01.
  1. A completed and signed fee payment form for an initial temporary residence authorization (form 790, code 052).
  1. Police Criminal Background Check legalised with the “Apostille of the Hague Convention”.

A police record must be obtained (criminal background check) from all non-EU countries where you have lived in the past five years for more than 6 months, legalized by the Spanish Consulate or Embassy in the respective countries. Original translated into Spanish and one copy will be needed. This certificate cannot be older than three months from the issue date.

LOCAL POLICE BACKGROUND CHECK WILL NOT BE ACCEPTED.

  1. Medical certificate:

This Certificate must be signed in the hand of the doctor (M.D. or D.O.) in a letter-head paper in the following format:

“This medical certificate attests that Mr./ Mrs. ……………………… does not suffer from any illness that would pose a threat to public health according to the International Health Regulations of 2005.”

Any amendment to this certificate or erasure may render it invalid. This certificate must be issued in the place of residence, and is valid for 3 months counting from the date it has been issued.

This certificate cannot be older than three months from the issue date, translated into Spanish and apostilled.

  1. A medical insurance with an insurance company authorized to operate in Spain with full coverage and necessarily including repatriation. The certificate has to bear the number of the policy and confirm that it is in force and up to date in its payments.
  1. Proof of ownership, leasing, or renting property in Spain.
  1. Documents proving sufficient economic resources for the applicant’s whole stay in Spain. The minimum amount is €2,151.36 per month, with a €537.84 increase (100% from IPREM) for each family member that accompanies the applicant.
  1. Visa Fee. €60.

ALL FOREIGN DOCUMENTS MUST BE TRANSLATED TO SPANISH. FURTHERMORE, IN ORDER TO TAKE LEGAL EFFECT IN SPAIN, ALL OFFICIAL DOCUMENTS MUST BE STAMPED WITH THE APOSTILLE OF THE HAGUE.

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About Fairway Lawyers

English, German and Spanish speaking lawyers/abogados serving Spain's Marbella, the Costa del Sol, Granada, Antequera and inland Andalucia. Tel: Telephone +34 952 77 11 50 or email: diego@fairwaylawyers.com If you have a matter that requires immediate attention please contact Diego Echavarria +34 606 307 885 (mobile)