Non-profit residency in Spain

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Obtaining Non-profit residency in Spain

Many times we are asked how to obtain the non-lucrative residence visa for Spain or the non-lucrative residence card.

If you have sufficient economic means to support yourself in Spain without working, non-lucrative residence is ideal.

Most non-lucrative residence permits require us to be able to prove that we have a work contract or be relatives of someone who regroups us, however, in this case, you will not depend on anyone as long as you can prove the availability of economic means.

In this article, we will analyze in detail everything you need to know about non-lucrative residence.

What is non-lucrative residence?

It is an authorization that foreigners can request from their country of origin and that authorizes them to reside in Spain without engaging in work activities.

How do I prove economic means?

It is an authorization that foreigners can request from their country of origin and that authorizes them to reside in Spain without engaging in work activities.

How do I prove economic means? Surely the first thing you are wondering is how much money you need to have in order to qualify for this non-lucrative residence permit.

The immigration regulations establish two options:

Having sufficient economic means for the period of non-lucrative temporary residence being requested. Providing evidence of a source that provides us with income periodically. It is worth noting that these sources of income must not originate from work carried out in Spain, as this non-lucrative temporary residence authorization does not allow for working, either employed or self-employed. The amount we must prove is 400% of the IPREM monthly. Currently, the monthly IPREM is €537.84 and the annual is €6,454.03, so 400% is €2,151.36 monthly and €25,816.12 annually.

However, if we come with relatives, we must prove 100% of the IPREM for each of them.

This amount can be proven in foreign currency, meaning if we have $27,845.40 in an account (equivalent to €25,816.12), it also suffices for non-lucrative residence in Spain.

We will explain this with an example:

A Venezuelan citizen comes with his wife and son (regardless of whether they are of legal age or minors) to reside for one year in Spain.

The Venezuelan citizen must prove 600% of the annual IPREM, as follows: 400% for himself, 100% for his wife, and 100% for his son.

600% of the annual IPREM is €38,724.18, so he must have at least this amount available.

Another option would be to provide sources of income that yield this amount annually, such as shares in a company or a retirement pension.

To finish answering this question, let’s refer to art. 47.3 of the Immigration Regulations, which states the following:

«The availability of sufficient economic means will be proved by the presentation of documentation that allows verifying the perception of periodic and sufficient income or the possession of assets that guarantee said perception of income.

The availability may be proven by any means of evidence admitted in Law, including the contribution of property titles, certified checks, or credit cards, which must be accompanied by a bank certification accrediting the amount available as credit on said card.

If the economic means come from shares or participations in Spanish, mixed, or foreign companies based in Spain, the interested party will prove, by means of a certification from them, that he does not carry out any work activity in said companies, and will submit a sworn statement to that effect.»

What requirements must I meet to apply for non-lucrative residence in Spain?

Non-lucrative residence requirements:

  • Not being irregularly in Spanish territory. This non-lucrative residence permit is requested from the country of origin, and cannot be requested from Spain.
  • In the case of adults, having no criminal record in Spain and in the countries where they have resided during the last five years before entering Spain, for offenses provided for in Spanish law.
  • Not being listed as rejectable in the territorial space of countries with which Spain has signed an agreement to that effect.
  • Having sufficient economic means to meet their maintenance and stay expenses, including, where appropriate, non-lucrative residence for family members, for the period of time they wish to reside in Spain, and without the need to carry out any work or professional activity, in accordance with the provisions of this section.
  • Having public insurance or private health insurance contracted with an insurance company authorized to operate in Spain.
  • f) Not being, where applicable, within the commitment period not to return to Spain that the foreigner has assumed when voluntarily returning to his country of origin.
  • Not suffering from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.
  • Having paid the processing fee for the procedures.

What documentation should I provide?

  • Passport with a minimum validity of one year. Therefore, it is important to renew it if it expires soon.
  • Certificate of criminal record from the country of origin or from the country or countries where you have resided in the last 5 years before entering Spain.
  • Documentation proving economic means. As we have already explained above, any means of evidence admitted in Law can be provided (property titles, credit cards accompanied by a bank certification accrediting the available amount, etc…).
  • Documentation proving that we have medical insurance.
  • Medical certificate proving that we do not suffer from any serious illness.

Important: All documents must be duly legalized or apostilled and translated if necessary.

Non-lucrative residence requirements

How to obtain non-lucrative residence in Spain?

As we have already mentioned, this non-lucrative residence permit cannot be requested from Spain.

All procedures must be carried out from the country of origin, requesting the non-lucrative residence visa for Spain from the diplomatic mission or consular office of Spain corresponding to the domicile, providing all the documents seen in the previous question.

The application for non-lucrative residence implies the application for the non-lucrative temporary residence authorization, which means that upon arrival in Spain, no further procedures will have to be carried out, except for requesting the Foreigner Identity Card.

When requesting the non-lucrative residence visa from Spain, said request is recorded in a system that allows the Government Delegation or Sub-delegation in Spain to be aware of this and of the documents that have been provided.

The Government Delegation has one month to resolve on the granting or denial of the non-lucrative residence authorization, after making the pertinent checks.

This resolution is communicated to the diplomatic mission or consulate, which will now have to rule on the granting of the visa.

If the Government Delegation approves the non-lucrative temporary residence authorization, it is normal for the diplomatic mission or consulate to grant us the non-lucrative temporary residence authorization, but this does not mean that it cannot be denied, as it is their responsibility to decide whether to approve the non-lucrative residence visa for Spain.

Two situations can occur:

They grant us the permanent non-lucrative residence authorization. The effectiveness of this non-lucrative temporary residence authorization depends on whether we are granted the visa and whether we enter Spain. They deny us the non-lucrative residence authorization from Spain. When one month has passed since the application for non-lucrative residence and no response is received, it is considered rejected, which will be communicated to us by the diplomatic mission or consular office, which will archive the procedure related to the non-lucrative residence visa for Spain.

For what reasons can they deny me the non-lucrative residence permit?

Art. 48.6 of the Immigration Regulations states 3 reasons for denial:

Not proving the requirements required for this visa. When we have submitted a false document, made inaccurate allegations, or acted in bad faith. When there is a cause for not admitting the procedure that had not been appreciated at the time of submitting the application.

Is there a deadline to collect the non-lucrative residence visa once granted?

Yes, once the visa is granted, we must personally collect it within one month. It is very important to keep this in mind, as failing to collect it is understood as renouncing the visa and the entire procedure will be archived.

And do I have a deadline to enter Spain once I have collected the visa?

There is also a deadline to enter Spain. The exact deadline is established in the visa itself, which in no case may exceed 3 months.

What do I have to do once I enter Spain?

Unlike other non-lucrative residence permits, where once in Spain you have to apply for the non-lucrative temporary residence authorization (as in the case of the Community Card), in this case we have seen that the application for non-lucrative residence implies the authorization of non-lucrative temporary residence for family members.

This means that when you arrive in Spain, you already have all the permits to reside legally and the only procedure you will have to do is to request, within one month, the Foreigner Identity Card from the Foreigners Office or Police Station corresponding.

This initial authorization of permanent non-lucrative residence has a duration of one year.

When the period of my residence expires, can I continue in Spain?

To continue in Spain, we must renew our non-lucrative residence authorization.

It is very important not to miss the deadline.

It can be renewed during the 60 days prior to the expiration of the card’s validity. The non-lucrative residence renewal can also be requested within 90 days after the expiry, but in this case, we risk a penalty.

The request for non-lucrative residence renewal extends the validity of the previous permit, so we should not worry if our card is already expired and our renewal has not yet been resolved.

All that time until our non-lucrative residence renewal is finally approved, we are in a legal situation in Spain.

What characteristics should the medical insurance required for non-lucrative residence have? The important thing is that the entity with which we contract the insurance has a temporary non-lucrative residence authorization to operate in Spain and it can be both public and private.

This insurance must provide coverage equivalent to that of the National Public Health System.

What if once my non-lucrative residence expires I want to stay in Spain, but I no longer have sufficient economic means? It may happen that a foreigner who initially came to Spain with a non-lucrative residence no longer has sufficient economic means to survive without working.

In this case, a modification of non-lucrative residence to initial residence and work must be requested.

Can I invest in Spain during my non-lucrative residence?

We already know that with this non-lucrative residence in Spain, we cannot work either employed or self-employed, but a question that arises in practice is whether with a non-lucrative residence we can invest in Spain.

In this regard, it should be noted that the last paragraph of article 47.3 states the following:

«If the economic means come from shares or participations in Spanish, mixed, or foreign companies based in Spain, the interested party will prove, by means of a certification from them, that he does not carry out any work activity in said companies, and will submit a sworn statement to that effect.».

Taking this into account, there does not seem to be any impediment to investing in a Spanish company, as long as no work activity is carried out in said company, which will be demonstrated with a sworn statement.

And that’s all for today’s article. We hope it has been useful to you.

Of course, if you have any questions or need personalized advice, do not hesitate to contact us and we will be happy to assist you.

How to obtain Non-Lucrative Residence

Non-lucrative residence in Spain is easy to obtain for those who qualify, but for those who don’t, the most important thing is to know that you can get it within two months so don’t hesitate to read the following article.

Before going into details on how to apply for the non-lucrative residence application, I want to remind you that at you can find the best immigration lawyers. If you have any doubts regarding any aspect of immigration, procedures, paperwork, etc., do not hesitate to contact us because we will be willing to help you in any way possible.

Request for non-lucrative temporary residence authorization

This non-lucrative residence is the method by which you reside legally and continuously in Spain. It is a non-lucrative residence that only and exclusively qualifies those who have certain non-lucrative residence requirements.

Non-lucrative residence requirements in Spain

These requirements are having a good amount of money in the account to be able to demonstrate that you have sufficient resources to support yourself. You must meet these non-lucrative residence requirements, but in addition, you must demonstrate where you have this financial solvency from (whether it be savings, work, inheritance, assets and possessions, etc.).

Another requirement to be met is to be able to prove your identity, that is, to have a valid passport and also, you must provide two passport-sized photographs. Likewise, you must submit the original version and also a copy of the EX01 form for the non-lucrative residence visa for Spain, and three copies of the form 790, code 052, along with payment of the corresponding fee. In addition to all this, you must fill out a form to request the non-lucrative residence visa for Spain and also a certificate of criminal record or background to demonstrate good civic behavior.

The non-lucrative residence requirements are; having secured accommodation during our stay, taking out full-time medical insurance valid in Spanish territory, and providing a certificate of good health.

Non-lucrative residence in Spain: where to apply?

Once you meet these non-lucrative residence requirements in Spain, you can apply for this visa in your country of origin. For this, you must go to the nearest Spanish Embassy or Consulate that you have from your home or where you reside and provide the required documents. Certain Consulates, in general, will require you to schedule an appointment, while others will not require it. Contact the Spanish authorities in your country of origin to confirm if you need to request an appointment or if you only need to go during the hours of operation.

If you are unable to go to the Spanish Embassy or Consulate yourself, you can delegate this action to another person of your choice through a notarized authorization, which must be done before a Notary Public. In the event that another person attends on your behalf, they must bring the original and a copy of the notarized power of attorney, as well as the original and a copy of their identification document.

Duration of the non-lucrative residence visa

You should know that you have 90 days before the start of your course or trip to start the procedures for your non-lucrative residence. However, it is best to leave plenty of time, because this process usually takes, approximately, about 30 days, but sometimes, it can take up to 6 weeks, so it is best to be cautious and start the process as far in advance as possible.

Before organizing your trip or buying tickets, we recommend that you take into account these deadlines, since if the non-lucrative residence visa for Spain has not yet been processed, you will not be able to enter the country.

How much money is needed for the non-lucrative visa in Spain?

Generally, the cost of processing the non-lucrative residence permit is around €60, although sometimes it can vary depending on the country from which it is being requested and the exchange rate. Likewise, administrative fees depend on the place from which the non-lucrative residence application is processed.