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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
07-05-2025
- Health
- Local Spain
What's the law on cannabis edibles in Spain?
Spain's Ministry of Health recently took steps to ban the sale and distribution of synthetic cannabis sweets and gummies in the country, as part of a wider bid to limit the sale of new types of cannabis compounds used to skirt legislation. The order was published in the Official State Gazette on April 22nd and has already come into force. According to the legal text: "In order to adapt to the changing situation involved in illicit drug trafficking and to face the increasing challenges posed by trafficking and consumption of new psychoactive substances, improve control over the circulation of these substances and contribute to their prevention and repression, the lists... must be updated periodically, in order to incorporate new psychoactive substances that have been subjected to international control measures by decisions of the United Nations Narcotics Commission, thus guaranteeing their control at national level and complying with the obligations arising from the United Nations Convention of 21 February 1971 on Psychotropic Substances." Put simply, although these sweets do not contain the active ingredient THC, they do contain other semi-synthetic substances derived from it which are artificially modified in labs and which can cause effects similar to or even more pronounced than smoking normal cannabis. This is what the government is hoping to crack down on. The Ministry maintains that these sweets are still "cannabinoids" without a pharmacological application to which "control mechanisms" must be applied. This follows warnings from medical professionals amid a spike in cases of unsuspecting people buying edibles and ending up in hospital. The issue of synthetic cannabis sweets is a particular concern in Barcelona. In early April, the toxicology unit at the Hospital Clínic Barcelona issued a warning that cases of intoxication from consuming cannabis sweets had doubled in two years, with 24 cases treated in 2024. In most cases, 58 percent, the patients were middle-aged female tourists who had bought these products as souvenirs or as a joke in one of the many cannabis-related shops that increasingly dominate the city centre of the Catalan capital. There have been more cases of poisoning detected in Madrid and Andalusia, but the final figure is unknown because as these are both edible products and narcotics, data reports have not yet been centralised, according to the Ministry of Health. Are cannabis edibles legal in Spain? As is so often the case when it comes to Spanish law, the answer is: it depends. Note that regular cannabis edibles such as brownies or cookies, though commonly consumed, were technically already illegal to sell in Spain because they contain THC. Selling any THC product, in whatever form, is illegal in Spain. This new measure bans the sale of these synthetic-based cannabis products, which have been able to skirt around rules in many cases by being ahead of the legislation. This is also the case in terms of synthetic-based HHC-vapes and other products sold in CBD and head shops around Spain. Consumption, on the other hand, is a different matter. As The Local has covered in detail in the past, cannabis in Spain exists in a strange sort of legal grey area. Private possession and consumption is decriminalised in Spain, but only on private property. This could be in a private home or in one of Spain's cannabis associations, so THC edibles can be consumed there. However, as with the cannabis flower or hashish, the moment you step on the street and into public you are technically breaking the law. In Spain, despite not being illegal to consume cannabis in private, public possession alone is illegal and punishable by fines. Cannabis edibles are no different in this regard. The recent crackdown on synthetic-based edibles is an attempt by the state to catch up with the advancing science, which meant new synthetic cannabinoids were outpacing the government and not regulated by law. These sweets and edibles are often made from semi-synthetic cannabis derivatives up to 30 times more potent than THC, such as THCP or HHC. These are synthetic, lab-produced cannabis derivatives that can cause serious symptoms, specialists have warned. Food products in Spain are regulated by the Spanish Food Safety and Nutrition Agency (AESAN). According to its regulations it is not permitted to sell edible products containing THC in Spain. Cannabis may only be grown for industrial or scientific purposes, provided that it contains less than 0.2 percent THC.
Local Spain
11-02-2025
- Business
- Local Spain
How the rules for tourist lets in buildings in Spain change in April
With tourist numbers at historic highs and a serious housing crisis caused by rental and property prices hitting record levels, Spain's national government is finally taking action against vacation rentals such as those on Airbnb. Legislative powers are often decentralised in Spain, so cities and regions across the country have slowly been introducing their own regulations for tourist apartments over the last few years, including Madrid, Barcelona, Valencia, Málaga and Seville, from no longer issuing tourist licences to rules on where they can open and the types of buildings they can open in. But from April 3rd 2025, there will be a new rule regarding vacation rentals which will affect the whole country. If a rental is located a residential building shared with others, owners will now need permission from the building's homeowners' association (comunidad de vecinos) in order to legally operate, as well as to obtain a tourist licence. In order to do this, the Socialist-led government is making a change to the Horizontal Property Law in a bid to stop the proliferation of vacation rentals. The legal change was included in Organic Law 1/2025 and published in the Official State Gazette (BOE) at the beginning of this year, but the legislation has a period of three months to come into force, with the deadline being April 3rd. The new law now states: "You must previously obtain the express approval of the community of owners," and clarifies that the decision must be made with the support of at least three-fifths of the owners. Previously, neighbourhood associations had some say in the matter, but this now gives them more power. Royal Decree 7/2019, which came into force six years ago, said that associations could "limit or condition" holiday rentals in the building if three-fifths of the owners agreed, but there were several times when they had to go through lengthy court battles. The law now goes one step further stating specifically that landlords need to obtain "prior express approval" and also says that the neighbours have the right to report any tourist apartments that are operating without their consent. "The president of the homeowners' association, on his/her own initiative or on the initiative of any of the owners or occupants, will require whoever carries out the activity, without it having been expressly approved, to immediately cease it, under warning of initiating appropriate judicial actions," the law states. It's important to note that this new law will not have a retroactive effect. Therefore, if you already have a tourist licence and operate the short-term let legally, the association will not be able to vote against it. The rule says: "Any property owner who is carrying out the activity prior to the entry into force of the law, who has previously complied with the tourism sector regulations, may continue to carry out the activity with the conditions and deadlines established therein'. Pedro Sánchez's government hopes that this will put a stop to the rise of tourist apartments in major cities across the country and in turn help to combat the housing crisis. This is just one of many measures that they've introduced. Last month Prime Minister Pedro Sánchez announced a raft of new rules aimed at improving the country's housing crisis, including cracking down on seasonal rentals and limiting non-resident foreigners from buying homes.
Local Spain
31-01-2025
- Business
- Local Spain
Why do workers in Spain get 14 pay cheques a year and who is entitled?
Millions of working Spaniards get an extra pay cheque (nómina in Spanish) in December and the summer every year. Note that this doesn't mean they're getting any extra money, rather two extra pay cheques. In other words, the annual salary is divided by 14 rather than 12. To some foreigners, this might seem odd. But where does this custom come from? As with many things in Spain, this practice has its origins in the dictatorship of Francisco Franco. The 14-payment system first emerged in the mid-1940s in the aftermath of the Spanish Civil War. After the conflict, the Spanish economy was decimated and salaries plummeted, so in order to tackle the economic crisis, it was decided that for Christmas 1944 workers in unregulated industries would receive a bonus equivalent to one week's salary. The following year, the measure was introduced on a general basis, resulting in an annual salary divided into 13 monthly payments. The Official State Gazette of 9 December 1945 includes an order from the Ministry of Labour establishing 'a bonus equivalent to one week's pay for the Christmas holidays.' The extra summer payment arrived a few years later, in 1947, when the Franco regime added another payment to that which workers had been receiving at Christmas. When Spain transitioned to democracy, the 'bonus' payments were enshrined in law. Article 31 of the 1980 Workers' Statute states: 'The worker is entitled to two extra bonuses per year, one of them on the occasion of the Christmas holidays and the other in the month established by collective agreement or by agreement between the employer and the workers' legal representatives. The amount of these bonuses shall also be established by collective agreement. However, it may be agreed in a collective agreement that the extraordinary bonuses shall be prorated over the twelve monthly payments." Who is entitled to the extra payment? According to the USO union, 'The extra pay is an additional payment to the salary to which all employed workers are entitled.' So, this means that if you're employed in Spain by a Spanish company, you should be entitled to it. Be sure to check your employment contract or collective bargaining agreement. Of course, you don't have to. Many Spaniards themselves prefer and opt for 12 payments. How does it work? Generally speaking, you can arrange your extra payments in one of two ways: An accumulated bonus for the annual or six-month accrual period, spread over 14 payments. This is when each bonus is received in a single payment. That is, two single payments a year, in addition to the monthly salary and in an amount equivalent to the monthly salary. This is what is colloquially known as 'collecting the bonus' in Spain. Prorated extra pay, spread over 12 payments. This is when the extra payments included in the monthly payslips are received, over the course of 12 months. That is to say, the amount of the 2 extra payments is divided by 12 months and added to the amount of the monthly salary. As a result, you don't get the two additional extra payments in summer and at Christmas, because these are absorbed by the monthly salary and they are paid out little by little each month.
Local Spain
30-01-2025
- Business
- Local Spain
How Spain's govt will be a guarantor for defaults on rental payments
The latest measure approved by the Spanish government to help combat the housing crisis is to encourage landlords to rent to young people and low-income families by acting as a guarantor in the case of non-payment. Here's how the scheme will work. Looking to move? Find your next rental apartment here. Recently the Spanish government announced a series of 12 housing measures to try and put an end to the country's crippling housing crisis, where soaring rents, housing costs and lack of availability is pricing many out of the market. Along with limiting some foreigners from buying properties, more regulations for tourist accommodation and giving landlords tax incentives if they lower their rates, they have also promised to act as a guarantor when tenants are unable to pay their rent. This last measure has already been approved and published on Wednesday January 29th in Spain's Official State Gazette (BOE), meaning it is guaranteed to come into force and won't need a majority in the Spanish parliament to become law. Inquiokupas or squatters are one of the biggest fears for landlords. They are usually tenants who can no longer afford their monthly rent because of unforeseen circumstances such as losing their jobs, but they stay living in the property without paying, with the landlords unable to kick them out. It's worth noting some tenants take advantage of Spanish law and just choose to stop paying after a month or two, so they can get free accommodation. The new aval público (state guarantor) measure has been designed to help landlords feel more comfortable renting to low-income and vulnerable families without them having to worry about losing out on rental income in the case that they stop paying for some reason. A similar system is already in place in some European countries such as France. The Spanish government has agreed to provide regions with half a billion euros to finance the new guarantee system. Both the landlord and the tenant must agree to the guarantee, and it is only available to those renters who meet a series of requirements. They must be under 35 years of age or be a vulnerable person. The rental price cannot exceed the state rental reference index. It will be mandatory to submit a legal contract, and the first month's deposit must be held by the relevant administration. Both the owner and tenant must sign the commitment to rental guarantee. By regulation, other groups may be incorporated as potential beneficiaries within a period of six months from when it was published in the BOE. These rental contracts will only be for habitual and permanent homes, not for temporary accommodation. If the tenant and landlord meet all the above requirements, the government will guarantee the payment of all unpaid rent until the landlord recovers their home. It will also cover any damages caused by the tenant and the cost of supplies to carry out repairs. The main issue with this new measure is the landlords can only request for the amount in lost in rent within a period of six months from the time the owner recovers possession of the home, either through a judicial release resolution or extrajudicial agreement that certifies recovery of the property. This means that if tenants stay in the property for seven months without paying and then it takes several months to recover the home, it could be almost a year before the land gets any money back. The guarantees will be managed by each region individually with financing from the State. The money can be used immediately in the five regions that already have similar guarantees in operation, including the Basque Country, Cantabria, the Canary Islands, Extremadura and La Rioja. The rest of the regions have been given six months to develop a regulation and put it into force, including sorting out all the small details that still have to be agreed upon. Issues with the new system that still need to be ironed out include a rule on how long tenants can remain in the property without paying or what percentage of the money they have to pay back to the government once their situations change.
