Immigration Lawyers in Spain

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What Visa is the best for me?

To assess the complexity of an immigration case to Spain, it is necessary to consider the various procedures in place for EU and non-EU nationals.

Firstly, Spain is a member of the Schengen zone, a borderless zone shared by all of its state members. In truth, the Schengen Area offers unrestricted travel to anyone who is legally present in the European Union. The Schengen Area includes the majority of European countries.

This means that you need a Visa if you are from a non-EU country, like United States, United Kindgom, Canada, Australia and more.

Applicants can choose between a short-term and long-term Spanish visa depending on their needs. Short-term visas are for those stays of no more than 3 months within a six-months period, while long-term visas are for those that want to stay more than 6 months.

Let’s see now the most popular visas for Spain.

The Golden Visa is the residence permit for Spain with the most benefits and the simplest procedure. With this visa, you and your family can work in Spain straight away.

To do so, you must invest: 

  • at least €500,000 in purchasing real estate, net of taxes or charges
  • deposit €1 million  in a Spanish bank account
  • purchase €1 million in stocks of Spanish companies
  • Deposit €2 million in Spanish public debt

Applicants, who will need to be non–EU residents, are required to have:

  • A clean criminal record
  • Sufficient funds and healthcare to cover their stay
  • No previous Schengen visa refusals

The most common case to get the Golden Visa, purchasing a property in Spain. For this approach, you must invest at least €500,000 in one or more properties. The investment cannot include taxes, fees or a mortgage.

The general procedures is as follows:

  1. Tax and Budget Planning: Taxes and fees are mostly paid by the buyer and vary from region to region. They typically include the following:
    • Property transfer tax of 6% to 10% for an existing property or a 10% VAT, or IVA, for new properties
    • Notary costs, title deed tax and land registration fee of 1% to 2.5%
    • Legal fees of around 1% to 2%, inclusive of VAT
  2. Obtain a NIE: Get your foreign ID card from the Spanish administration.
  3. Search for properties in Spain: Our Real Estate lawyers can help you identify the right property for you and ensure that you use reliable and trusted online portals.
  4. Reservation agreement and Letter of Intent: Our lawyers will draft a “Letter of Intent” for purchasing a property and guide you through the reservation agreement and any subsequent negotiations before signing a deal.
  5. Payment of fees: Settle any applicable Property Transfer Taxes or VAT, and update the Land Registry.

Our team of Real Estate lawyers can assist you with the process of purchasing a property, in person or remotely.

For more info of this visa, click here

The Non Lucrative Residence visa allows non-EU citizens to reside in Spain if they can support their lifestyle without working. This is called having sufficient economic means.

  • Applicants must be able to support themselves and their family. This means earning at least 2.400€/month per main applicant,  and 600€/month per accompanying member. Also, they will need private health coverage. This cannot be a salary as it could be misunderstood that you need to work during your stay in Spain. Typically, the applicant must show bank statements to prove this.

It allows the main applicant’s spouse and their dependent children to join them. The main ask is that the family has enough wealth to support their lifestyle. Also, the holder can travel in the EU’s Schengen area visa-free. So you can enjoy tourism throughout most of Europe.

It is issued for a year and is renewable for a two-year period. The permit holder only has the right to move to Spain and does not have the right to work in Spain. It is strictly a Spanish residency visa. After five years of living in Spain, the holder can get a permanent residency. This can set them on the path to Spanish citizenship.  

Unlike other visa applications in Spain, there’s no need to make an investment in the country.

The Non Lucrative Visa is not a work permit. However, it can become a Spanish work permit if the visa holder starts their business or a company hires them. This is one way to get a Spanish passport and our immigration attorneys can help. Family members can join the application too, so it’s the perfect visa if you are from a country that it’s not in the European Union, looking to move to Spain without having to work and with your family.

It is important to know that once you get the Visa, you will need to be in Spain at least 6 out of 12 months every year you have the Visa.

For more info of this visa, click here

The Spanish digital nomad visa is a residency permit that non-EU nationals can use to live and work remotely from Spain (i.e., to legally operate as a digital nomad in the nation). It can be extended for up to 5 years.

It is ideal for foreign nationals who want to relocate to Spain and continue working for an organization or for clients who are dispersed over the world, instead of applying for a non-lucrative visa which in fact does not allow them to work.

The possibility of submitting two applications is one of the residency’s major benefits.

The initial requirements are as follows:

  1. There is a real and continuous activity for at least one year of the company or group of companies with which you have an employment or professional relationship.
  2. You can provide documentation accrediting that the labour or professional relationship can be carried out remotely.
  3. Depending on your type of working relationship:
    • If you are an employee, the existence of an employment agreement for at least the last three months prior to the presentation.
    • If you are a freelancer or have your own company, you will need to prove that you have had a commercial relationship with one or several companies for at least the last three months.

In both cases, it will be important to prove documentation that said companies allow you to carry out the work activity remotely.

Keep in mind that, in all cases, the companies need to be located outside Spain

An exception to the above would be in the case of the exercise of professional activity (self-employed or contractors), in which the holder of the digital nomad visa may work for a company located in Spain, provided that the percentage of such work does not exceed 20% of his total professional activity.

On the other hand, and leaving aside the initial requirements as far as the employment relationship is concerned, it is important to bear in mind that the requirements of a personal nature are:

  1. To not have criminal records.
  2. To not be illegal in Spain. 
  3. To Have public or private health insurance with an insurance company authorized to operate in Spain. (Not necessary in the case of registration with the Spanish Social Security) 
  4. To have sufficient economic resources for himself/herself and for the members of his/her family during their period of residence in Spain.

For more info about this visa, click here.

In conclusion, the visa that you will need and that suits you the most will depend on a few factors and your current situation. Either if you are looking to relocate to Spain alone or with family, having to work or not, we are here to help you with the process.

If you’re ready to start your journey in Spain or have any questions about the visas in Spain, please don’t hesitate to contact us. Our team of lawyers is ready to assist you and provide the legal support you need to succeed.

Non Lucrative Visa in Spain with Max and Piotr

Play Video

“Getting a Non Lucrative in Spain can be complicated, but Max will help you understand the process.

  • What is the Non Lucrative Visa
  • Who is the perfect candidate for the Visa?
  • What are the requirements?
  • Can family members join main applicant?
  • Where can I apply from?

Frequently Asked Questions

Depends on the visa and the documentation needed, but generally speaking can take from two weeks to a few months. For example, The whole process for the Non Lucrative Visa takes three to four months. Though this can be longer for some embassies.

If you are planning to work remotely in Spain, you will need the new Digital Nomad Visa for Spain.

You can reapply after fixing the errors. You can also appeal the decision with the Spanish courts but this process can take several years.

Your family can apply with you. You need to show that they can financially support themselves. You will need to provide extra documentation such as marriage or birth certificates.

Unmarried partners who can prove a long-term relationship can also apply as dependants.

It depends on the visa and how much time will you reside in Spain. For example, for the non lucrative visa, the holder is to reside in Spain for at least 183 days a year. However, this also meets the threshold for becoming a Spanish tax resident. So you will pay income tax on your worldwide income.

This includes rental income and profits from investments, which also attract capital gains tax. Our team of tax lawyers can help you understand your tax requirements. 

Again, it depends on the visa. For example, for the Non Lucrative Visa, you will need to reside in Spain for at least 183 days a year. The residence permit is initially issued for a period of 1 year and can be renewed for a period of 2 years.

For the Golden Visa, however, you don’t need to reside in Spain.