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Local Spain
2 days ago
- Politics
- Local Spain
EXCLUSIVE: Spain clarifies two key rules of the Non-Lucrative Visa
Spain's new Immigration Law, which seeks to make immigration procedures easier for foreigners wanting to live in the country, entered into force on May 20th. As well as addressing the legal uncertainty facing asylum seekers, and reorganising visa categories, it also aimed to improve resolution times and introduce changes to residency rights and procedures. Along with all these changes, the government has set out to clarify several points regarding the Non-Lucrative Visa (NLV), which had previously been points of confusion or discussion. The NLV is now the main visa option for many non-EU nationals who want to live in Spain together with the Digital Nomad Visa. NLV Residency Requirement for Renewal The new Royal Decree 1155/2024, effective from May 2025, now clearly says you need to have lived more than 183 days in Spain during the previous year to be able to renew your Non-Lucrative Visa. María del Castro, CEO of Spanish law firm CostaLuz Lawyers told The Local Spain that 'before this wasn't stated so clearly - people just assumed you needed to actually live in Spain'. But now Article 64 point f) of the Official State Gazette (BOE) states that you can only renew your NLV if you 'have actually and effectively resided in Spain for more than 183 days during the calendar year', thus establishing a "minimum physical presence" according to the Andalusia-based lawyer. Del Castro explained that in 2023 the Spanish Supreme Court ruled that since this 183-day rule wasn't in the main Organic Law, the government couldn't officially make it a strict requirement. In other words, judges declared "null the prior regulatory rule that allowed for the automatic cancellation of non-lucrative residence permits for absences longer than six months", Del Castro stated. 'So, there has been a bit of a legal tug-of-war between what the old rules said and what the Court has decided'. Now there's no room for interpretation. If you want to renew your Non-Lucrative Visa after the first year, then after two years and once again after two years, you have to have lived in Spain for more than 183 days a year. In essence, you have to be a tax resident if you want to renew your NLV and continue living in Spain, that's 100 percent clear now. According to Del Castro, the Immigration Law "explicitly establishes the requirement, thus overriding any prior interpretations or case law, including the Supreme Court's judgment, which was based on the previous framework". The 183-day rule exists because the Spanish government want NLV holders to be residents for fiscal purposes and pay their taxes in Spain. Depending on your personal circumstances, if you live here less than 183 days, you aren't considered to be a tax resident. In fact, the new regulation also states that at the time of renewal, compliance with tax and Social Security obligations during the permit's validity will be taken into account. NLV work prohibition clarified The Spanish government has also made it crystal clear in the legal text of its new Immigration Law that you can't work while on the NLV. You have to prove you have sufficient economic means through passive income such as rent from a property abroad, savings or a pension. It's always been the case that you can't work in Spain while on the NLV, but there have been many discussions online about this over the years, with many believing it simply meant that you just couldn't work in Spain. So now, there's no room for confusion. 'It's important to note that the prohibition to work is not just in Spain but worldwide', explains del Castro. This means that you can't work for a company or clients abroad while on the NLV either. If you want to be able to do that, you will need to apply for the Digital Nomad Visa or DNV instead. The NLV will not be applicable to you and you'd be breaking the rules.
Local Spain
03-06-2025
- Business
- Local Spain
What are the rules for unmarried couples applying for Spain's non-lucrative visa?
The non-lucrative visa or NLV is a residency authorisation that allows non-EU foreigners to live in Spain without working or carrying out professional activities, by demonstrating that they have sufficient financial means for themselves and their family members. It's one of the most popular residency options for non-EU citizens to be able to live in Spain, particularly for retirees who can use their pensions as financial proof. The visa is valid for one year but can be renewed for a further two years after that. To be eligible you need private health insurance, a clear criminal record and finances to support yourself from passive income such as rent from abroad, pensions or savings. The visa allows you to bring family members with you providing you have the financial means to support them. This means 400 percent of the IPREM for you, plus 100 percent of the IPREM for each family member. In 2025, this equals a minimum of €2,400 per month, plus an extra €600 per month for each family member you bring with you. If you're thinking about bringing family, it's important to understand exactly what the Spanish authorities define family members as being for the purpose of this visa. For example, do they allow unmarried couples to apply together? The simple answer is yes, you can apply as a couple if you're married or if you're unmarried. The immigration regulations state that they will consider 'a stable partner, who is not registered as married in any public registry'. They do however, have one main requirement, which is that you must "prove cohabitation of at least one year" prior to your application. This means that you will be required to show documents with both of your names registered at the same address dating back at least one year. What proof can I provide? If you're married you can obviously provide your marriage certificate as proof of your relationship, but if not here's what you may need to show: Rental contracts Property deeds A joint bank account Utility bills in both of your names Be aware that you may be need to provide proof of all of these, depending on the consulate you apply from and your situation. If you have children together, however, the regulation states that you only have to prove cohabitation, without a minimum period of time. This could be proven with birth certificates with both you and your partners names on. In practice, it can be slightly trickier than this to apply as an unmarried couple, and it seems to completely depend on which country and even which consulate you're applying from. Members of the Spanish NLV Facebook page seem to suggest that applying from UK consulates is a lot easier than applying from US consulates, for example. One member said 'Myself and my partner successfully applied jointly and aren't married. We went through Manchester. They wanted to see proof of address from both of us, bank statements, utility bills that showed that we already lived together'. Another member applying from the US though said 'Miami rejected a common law marriage document that I had clients try to use, and they were told only registered Spanish unmarried partnerships count'. On the other hand, the Spanish Consulate in New York seems to allow unmarried couples to apply stating on its website - 'Documents constituting proof of family relationship with the applicant accrediting financial means: birth or marriage certificates issued by the civil registry, certificate of registration as an unmarried couple or any other document substantiating an unmarried partnership with the applicant'. Your best option is to contact the consulate in advance and ask them what type of proof they need if you're not married. This way you can be organised and get all the paperwork in advance. You may want to also contact other applicants who applied from the same consulate as you and see what documents they had to show. Those with children together though had an even easier time with less documentation to prove. As mentioned this can usually be proven via birth certificates. What if I'm in a same sex partnership? The good news is that Spain fully recognises same-sex marriages and civil partnerships for residency and visa purposes. Even if you are not married, according to law firm Abogado Extranjería Madrid, you can still prove a relationship through evidence such as shared financial commitments and testimonies. In this way, under Spanish law, you'll be treated the same as any other heterosexual couples. Other family members that count for the NLV are minor sons or daughters who are not married or who have not formed their own family unit, or those of the applicant or their spouse, registered partner, or stable partner. Adult sons or daughters of the applicant or their spouse, registered partner, or stable partner can also be included provided they have a disability that requires support or are proven to be dependent due to their health condition.
Local Spain
09-04-2025
- Business
- Local Spain
7 must-read articles before applying for Spain's non-lucrative visa
Spain's Golden Visa, where you could get Spanish residency by buying a €500,000 property, is now no longer an option, so if you're from a non-EU country who wants to move here, two of the best ways that remain are the digital nomad visa and the non-lucrative visa. The non-lucrative visa or NLV is ideal for retirees or those who don't plan on working here and can financially support themselves for plenty of years. It's available to all non-EU nationals who meet all the requisites and can prove they have enough money and is initially granted for one year, which can be extended. To help you decide if this is the right visa option for you and to help you get your head around all the requirements and application procedures, we have several handy guides. First of all you'll want to know the differences between Spain's non-lucrative and digital nomad visas so you can decide which option is best for your circumstances and which you are eligible for. These two options are very different, so it's important you study them both so you know the correct one for you. One of the most common questions that many people ask is if they can work outside of Spain on the non-lucrative visa. While the visa doesn't give you permission to work in Spain, there can be some confusion as to the rules as many question whether they can work remotely for a company outside of the country or for themselves. Another popular question, related to the one above is Does Spain check if you're working on the non-lucrative visa?. If you do choose to work while living here on this visa - can the Spanish authorities check if you're doing so and what are the consequences? One of the main requirements of the NLV is that you can support yourself financially while living here, so that you're not a burden on society. In order to be granted it, you'll need to show lots of documents, but what financial proof can you show for Spain's non-lucrative visa? Is it enough to just show bank accounts or do you need to show other income, rental contracts or other documents? Because the NLV is commonly referred to as the retirement visa, you may also be wondering if there ss there an age limit for Spain's non-lucrative visa? Can you apply at any age or is it only for pensioners and is there an upper age limit or can you apply and move here whenever you want? If you think that the NLV is the best option for you, it's worth keeping in mind, that with every choice there are always a few downsides, and it's important to be aware of what they are before you apply. What are the pros and cons of Spain's non-lucrative visa? These will help you make a final decision. Finally, if you've applied and are waiting to hear back as to whether your application was successful or not, it's important to know that not every one is granted it and you may to re-apply or make an appeal. Here are the little-known reasons you can be denied Spain's Non-Lucrative Visa.
Local Spain
13-03-2025
- Business
- Local Spain
How Spain's new temporary contract rules make it hard for foreigners to rent
We recently wrote an article on why so many Americans are moving to Spain recently and some of the issues they face when they arrive here, and one of the most common challenges was finding a place to rent. Many other foreign nationals are also taking to Facebook groups to complain about the issue and ask for help finding somewhere to live. The problem has come about not only because of Spain's current housing crisis, in which many locals are also finding it near impossible to find access to affordable housing, but also because of one of the government's solutions to this issue. According to a recent report called 'Living in rented accommodation: insecurity guaranteed by law', published by the Barcelona Urban Research Institute (IDRA), nine out of 10 rentals in Madrid and Barcelona have temporary contracts. These are seasonal or short-term rentals, not as short as tourist rentals, but just under the amount of time to be classed as a permanent rental – typically between 32 days and 11 months. Rental contracts of over a year however are deemed long-term and by law can be extended up to five years. But if landlords don't want tenants to have the option of staying for five years and want to restrict other tenancy rights, they choose to make their rental a temporary one instead. This means that caseros (landlords) can sidestep the tenancy rights enshrined by Spain's Urban Leasing Law, and they can charge more money without being subject to rent caps and price controls, as temporary contracts are not covered by these recent reforms that apply to long-term contracts. In order to put more permanent homes back on the market, in late 2024 the Spanish government gave the green light to a law to regulate temporary and room rentals. This meant modifying the law to force landlords and tenants to 'justify the need for temporary rentals'. As a result, tenants and landlords now need to give a reason as to why they have a temporary let, and usually it falls on the tenant to do so. For example, this entails providing proof of enrolment letter from a university if you're doing a course, or showing you have a temporary job contract, or evidence that you're receiving temporary medical treatment in Spain. As a result, more and more estate agencies, particularly in bigger cities like Barcelona where there are so many temporary rentals, are asking for proof of why you need to rent for under a year. Foreigners arriving in Spain on residency authorisations such as the Non-Lucrative Visa or the Digital Nomad Visa are typically here for one year or more, so this doesn't qualify as a temporary reason. Therefore, they are being asked to provide proof for their need to rent temporarily but their situation - whether as retirees on the NLV or digital nomads on the DNV - does not qualify as an official justification to need a temporary contract. To be clear, the vast majority of these foreigners want to rent long-term. The only reason that they're looking at temporary rentals is because there are simply not enough permanent rentals being advertised. This is a huge stumbling block for many foreign residents who have recently moved to Spain and one that authorities appear to not be aware of. This catch-22, combined with the fact that many landlords refuse to take on tenants without a Spanish job contract, makes it extremely difficult to find a place to rent, particularly in big cities. Valencia newcomer Dayna Rubalcava told The Local Spain that 'Finding an apartment was a bit challenging—prices have gone up significantly in the past two years, and there isn't a lot of availability outside of holiday rentals'. American Eric Kenney, who also agreed moved to Valencia, agreed. "Finding a place to rent was our biggest challenge. A lot of places won't rent to people with foreign or investment incomes,' he said. Brett Formosa, who moved to Madrid from New York, also found a similar issue. 'Finding a place to live was challenging as real estate agents really didn't respond to us. We ended renting from a short-term rental company which had pros and cons'. Many other readers as well as users of foreigner Facebook groups have complained of the same problem. One user wrote on the Non-Lucrative Visa Facebook page: 'My partner and I moved to Barcelona under NLV, 2 weeks ago and since then we have been looking for a flat to rent day and night…. Around 99 percent of ads on Idealista are between 32 day - 11 months only. Because of this, they are legally obliged to justify that tenants are in Spain for a temporary reason (school or health treatment etc). As we are here with NLV, and cannot give any document proof, agencies do not even bother to arrange a viewing'. In order to solve the issue of the skyrocketing number of temporary rentals, the Spanish government has come up with another plan to force landlords to register all short-term lets and rooms. The new rule means that for a home to be able to be marketed on digital platforms, it must appear in a new registry – the Ventanilla Única Digital de Arrendamientos first and meet all the legal requirements to function as a seasonal rental. The regulation came into force on January 2nd 2025, but its effective application will not be until July 1st 2025, giving a transition period for companies and administrations to adapt appropriately to the new requirements. The Catalan government and left-wing regional party ERC are also in the process of negotiating an agreement which will regulate temporary rental contracts and room rentals in the northeastern region. This may mean that for the next few months, at least until these new measures are passed, the high number of temporary rentals will remain and it will still be difficult to find a place to rent for foreign newcomers in Spain.
Local Spain
14-02-2025
- Business
- Local Spain
Will the financial requirements for Spain's non-lucrative visa change in 2025?
The non-lucrative visa (NLV) is one of the main visas non-EU nationals use to reside in Spain. It's often referred to as the retirement visa, as you're not allowed to work if you have it and have to prove you have sufficient financial means to take care of yourself through passive income or savings. How much money you have to prove you have for the NLV is based on the IPREM. This is an index or threshold for government aid, whether it be unemployment, disability grants, school grants, certain subsidies for the purchase or rental of housing, legal aid, or energy subsidies. The IPREM in 2024 was €600 per month, €7,200 per year. NLV holders have to prove they have 400 percent of the annual IPREM for the first year, which amounts to €28,800. For every family member included in the residency application, it's an extra 100 percent of the IPREM, which is an extra €7,200 for the year. This means that a couple will need to prove savings or passive income of €36,000. When it comes to renewing the NLV for two years rather than the initial one, you have to double those amounts. That was the NLV's financial threshold in 2024, so how about in 2025? As things stand, the financial requirement for Spain's non-lucrative visa is the same in 2025 as it was in 2024. That's because the IPREM is only updated through Spain's General State Budget Law, and for that to happen the Spanish government has to get it through Congress. So will Prime Minister Pedro Sánchez get the new Presupuestos Generales (State Budget) approved for 2025 and with it a possible change to the IPREM and the financial requirements for the NLV? It seems unlikely but it can't be ruled out. Given the ruling Socialists' weak parliamentary position and their poor track record of passing new laws despite remaining in power, there's a high chance that the IPREM will stay the same this year. In fact, at the end of December 2024 the Spanish Cabinet approved the extension of the 2023 State Budget for a second year in a row, meaning that for now the same applies for 2025. That's not to say that it can't happen, but the Spanish premier would have to convince Catalan parties Junts and ERC to get the new State Budget voted in. For PSOE's junior coalition party Sumar, if there's no progress made by spring, it'll be too late for the State Budget to be updated in 2025. Politics aside, it's worth noting that the IPREM hasn't been updated that often since it was created in 2004, and has only increased by 30 percent since then. There were slight increases to it in 2021 and 2022, but not since, hence why the financial requirement for the NLV isn't increasing every year as is the case with the financial threshold for the digital nomad visa, which is tied to the minimum wage (SMI), and this is going up far more often. So to sum up, it seems very likely that non-lucrative visa applicants and those renewing it in 2025 will not see an increase in the visa's financial threshold.
