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Residency Visa Options for non EU Citizens

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Below is a list of options and information translated from Spanish for the most common available residency visas for residing Spain.

There are more than 40 types of residency authorisation options. Contact Spain info for more information.

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Non Lucrative Visa.

It is an authorisation requested by foreigners from their country of origin that authorises them to reside in Spain without carrying out work.

Requirements:

Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to whom the Union citizen regime applies.
Not be found irregularly in Spanish territory.

Lack of criminal records in Spain and in the countries where they have resided during the last five years, for crimes existing in the Spanish legal system.

Not being prohibited from entering Spain and not appearing as objectionable in the territorial space of countries with which Spain has signed an agreement to that effect.

Have the necessary economic means to cover the expenses of stay and return and, where appropriate, those of their relatives, in accordance with the following amounts:

For your monthly support 400% of the IPREM.(Public Indicator of Multiple Effect Income).
For the support of each of their relatives, monthly, 100% of the IPREM.

Have public or private health insurance arranged with an insurance entity authorised to operate in Spain.

Not suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.

Not being, where appropriate, within the commitment period of non-return to Spain that the foreigner has assumed when taking advantage of a voluntary return program.

Having paid the fee for processing the procedures.

Required Documentation:

Note: in general, copies of the documents must be provided and the originals must be exhibited at the time of submitting the application.

Residence visa application form (from your Spanish consulate.  An official model in duplicate, duly completed and signed by the foreigner, or his legal representative in case of being a minor.

Passport or travel document, recognised as valid in Spain, with a minimum validity of one year.

Criminal record certificate or equivalent document, in case of the age of majority issued by the authorities of the country of origin or of the country or countries in which you have resided during the last five years.

Documentation accrediting having financial means for the period requested.

It may be accredited by any means of proof, including the contribution of property titles, certified checks or credit cards accompanied by a bank certification that proves the amount available as credit on the card.

If the means come from shares or participations in Spanish, mixed or foreign companies, located in Spain, it will be accredited through certification of the same that the applicant does not carry out any work activity in them, also accompanying an affidavit from the foreigner in this regard.

Documentation proving that you have full health insurance.

Medical certificate.

Important note: when documents from other countries are provided, they must be translated into Spanish or the co-official language of the territory where the application is submitted.

On the other hand, all foreign public documents must be previously legalised by the Spanish Consular Office with jurisdiction in the country in which said document was issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation, except in the event that said document has been apostilled by the competent Authority of the issuing country according to the Hague Convention of October 5, 1961 and unless said document is exempt from legalisation by virtue of the International Convention.

You can choose an idepwndant company for the legalisation and translation of documents. For  information from the Spanish government on the translation and legalisation of documents, you can consult this information sheet.

Procedure:

The legitimate subject to request the non-profit temporary residence authorisation is the foreigner, personally. If you are a minor, your legal representative

Place of presentation: Spanish diplomatic mission or consular office in whose demarcation the foreigner resides.

Fees: will accrue at the time the application is accepted for processing, and must be paid within ten business days. The fees to be paid are:
Fees for visa issuance.

Fees for residence authorisation: Model 790 code 052 Payment of the 790 code 052 fee can be made through the payment gateway enabled by the Administration or through a bank, after downloading and printing the fee form.

Term for resolution: The term for notification of the resolution on the visa is three months from the date of your request to the corresponding Consular Office.
In the case of granting the residence visa, the foreigner has one month from the notification to pick it up in person. In case of not doing so, it will be understood that he has renounced the visa granted, and the procedure will be archived.

Once the visa has been collected, the applicant must enter Spain within the validity period of the visa, which in no case shall exceed three months.

The initial temporary residence authorisation will last for one year and will begin on the date of entry into Spain.

Within one month of entering Spain, the foreigner must personally request the foreigner’s identity card, at the corresponding Police Station. The applicant will show his passport or travel title at the time of the fingerprint process and will provide:
Card application, in official model (EX-17).

Proof of payment of the card fee.

A recent colour photograph, on a white background, passport size.

The request and withdrawal of the TIE must be done in person.

 

Self Employed Visa.

It is a temporary residence and work authorisation for a non-resident foreigner in Spain to carry out a lucrative activity on their own(self employed).

Requirements:

Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to whom the Union citizen regime applies.

Not be found irregularly in Spanish territory.
Lack of criminal records in Spain and in their previous countries of residence, during the last five years, for existing crimes in the Spanish legal system.

Not being prohibited from entering Spain and not appearing as objectionable in the territorial space of countries with which Spain has signed an agreement to that effect.

Not being, where appropriate, within the commitment period of non-return to Spain that the foreigner has assumed when returning voluntarily to their country of origin.
Comply with the requirements that current legislation demands of nationals for the opening and operation of the projected activity.

Possess the required professional qualification or accredited experience, sufficient in the exercise of professional activity, as well as, where appropriate, membership when required.

Being able to prove that the planned investment is sufficient and the impact, where appropriate, on job creation, including self-employment as such.

Pay the fees for processing the temporary residence authorisation and the one related to the self-employment authorisation.

Required documentation:

Note: in general, copies of the documents must be provided and the originals must be exhibited at the time of submitting the application.

Official application form (EX–07) in duplicate, duly completed and signed.

Complete copy of the valid passport or travel title.

In retail commercial activities and provision of services listed in the Annex to Law 12/2012, which are carried out in permanent establishments, whose useful area is equal to or less than 750 square meters, responsible statement or prior communication (under the terms of article 69 of Law 39/2015  and, if applicable, proof of payment of the corresponding tax.

In the rest of the activities and provision of professional services, a list of the authorisations or licenses required for the installation, opening or operation of the projected activity or for the professional practice, indicating the situation in which the procedures for its achievement are found. , including, where appropriate, the application certifications before the corresponding bodies.

Copy of the documentation that accredits having the training and, where appropriate, the professional qualification legally required for the exercise of the profession as well as the homologation and/or recognition, and, where appropriate, association, for the exercise of the profession in the case of regulated professions in Spain.

Copy of the documentation that accredits the sufficiency of the investment planned for the implementation of the project and on the incidence, where appropriate, in the creation of employment, including self-employment as such.

By way of example and regardless of its justification through other legally admissible means, the last two sections can be accredited by the valuation report issued by one of the following organisations:

National Federation of Associations of Entrepreneurs and Self-Employed Workers (ATA)
Union of Professionals and Self-Employed Workers (UPTA)
Intersectional Confederation of Self-Employed of the Spanish State (CIAE)
Organization of Professionals and Self-Employed (OPA)
Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE)
Important note: when documents from other countries are provided, they must be translated into Spanish or the co-official language of the territory where the application is submitted.

On the other hand, all foreign public documents must be previously legalised by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the event that said document has been Apostilled by the competent Authority of the issuing country according to the Hague Convention of October 5, 1961 and unless said document is exempt from legalisation by virtue of the International Convention.For  information from the Spanish government on the translation and legalisation of documents, you can consult this information sheet.

Employment Visa.

UIt is a temporary residence and work authorisation requested by an employer or businessman to hire a worker for a period of more than ninety days and less than five years.

Requirements:

Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to whom the Union citizen regime applies.

Not be found irregularly in Spanish territory.

Lack of criminal records in Spain and in their previous countries of residence for crimes existing in the Spanish legal system.

Not being prohibited from entering Spain and not appearing as objectionable in the territorial space of countries with which Spain has signed an agreement to that effect.

Not being, where appropriate, within the commitment period of non-return to Spain that the foreigner has assumed when returning voluntarily to their country of origin.

Pay the fees for processing the residence permit and work permit.

That the national employment situation allows hiring. You allow it if:

The occupation that the worker is going to carry out in the company is included in the catalog of occupations that are difficult to cover that the Public State Employment Service publishes quarterly.

In occupations not classified as difficult to cover when the employer proves to the Immigration Office the difficulty of filling the vacant jobs with workers already incorporated into the internal labour market. For these purposes, the Immigration Office will take into consideration the report submitted by the Public Employment Services, as well as the urgency of the hiring accredited by the company. To do this, a job offer must be submitted to the Empléate portal and the Public Employment Services.

The authorisation is addressed to nationals of States with which Spain has signed international agreements (Chile and Peru).

They can accredit the concurrence of an assumption included in article 40 of the Organic Law 4/2000.

Submit a contract signed by the employer and worker that guarantees the worker a continuous activity during the period of validity of the authorisation to reside and work. The date must be conditional on the moment of effectiveness of the authorisation of residence and work as an employee.

The conditions set out in the employment contract must be adjusted to those established by current regulations. If the contract is part-time, the remuneration must be equal to or greater than the minimum inter-professional salary for full time and calculated annually.

The applicants employer must be registered in the Social Security system and be up to date with their tax and Social Security obligations.

The employer must have sufficient financial, material or personal means for his business project and to meet the obligations assumed in the contract towards the worker.

If the employer is a natural person, he must prove, once payment of the agreed salary has been deducted, 100% of the IPREM if there are no dependents.

If the family unit includes two members, 200%. If the family unit includes more than two people, 50% of the IPREM must be added to the previous amount for each additional member.

Possess the training and, where appropriate, the professional qualification legally required for the exercise of the profession, duly approved where appropriate.

Required documentation:

Note: in general, copies of the documents must be provided and the originals must be exhibited at the time of submitting the application.

Official model application form (EX–03)  In duplicate, duly completed and signed by the contracting company.

Documentation referring to the worker:

Complete copy of the valid passport or travel title.

Copy of the documentation that accredits having the training and, where appropriate, the professional qualification legally required for the exercise of the profession, where appropriate, duly approved.

Documentation referring to the company, except domestic service:

Documentation that identifies the company requesting the authorisation:

If it is an individual entrepreneur: copy of the NIF or NIE, or consent to verify the identity data through the Identity and Residence Data Verification System.

If it is a legal person (S.A., S.L., Cooperative, etc.):

Copy of the NIF of the company and copy of the deed of incorporation duly registered in the corresponding Registry.

Copy of the public document that proves that the signatory of the authorisation request holds the legal representation of the company.

Copy of the NIF or NIE or consent to verify the identity data through the Identity and Residence Data Verification System of the signatory of the application.

Employer documentation if the activity is domestic service:

Copy of the NIF or NIE of the employer or consent to verify the identity data through the Identity and Residence Data Verification System.

Copy of the last income tax return or certification of income issued by the Tax Administration or other documentation proving sufficient solvency for the contract.

Documentation referring to the employment relationship

Signed employment contract. You must submit original and copy. The copy will be stamped by the Immigration Office and returned for subsequent presentation by the foreigner together with the residence and work visa application.

Documentation accrediting any assumption of non-consideration of the national employment situation. (See information sheet with the assumptions and the precise documentation).

Documentation proving that the national employment situation is not taken into account. (See the fact sheet that refers to the assumptions and the precise documentation).

Important note: when documents from other countries are provided, they must be translated into Spanish or the co-official language of the territory where the application is submitted.

On the other hand, all foreign public documents must be previously legalised by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the event that said document has been Apostilled by the competent Authority of the issuing country according to the Hague Convention of October 5, 1961 and unless said document is exempt from legalisation by virtue of the International Convention.You can use your own choice ofcompany for the legalisation and translation of documents. For  information from the Spanish government on the translation and legalisation of documents, you can consult this information sheet.

Procedure:

Entitled subject to submit the application: the employer or businessman, personally, or through a legitimate subject that has been assigned legal business representation. (Information sheet on Legitimised Subjects).

Place of presentation: Immigration Office of the province where the services are to be provided, or electronically through the Immigration platform Mercurio.

Address information, telephone numbers and opening hours for the public. External link to the portal..

If the company has work centres in more than one province and more than 500 workers, in the Large Companies and Strategic Groups Unit of the General Directorate of Migrations

Residence and work fees: will accrue at the time the application is accepted for processing, and must be paid within ten business days, are:

Form 790 code 052, section 2.1 initial authorisation of temporary residence to be paid by the foreign worker

Model 790 code 062, to be paid by the employer:

Remuneration less than 2 times the SMI (minimum wage) section 1.1 for someone else with residence authorisation

Remuneration equal to or greater than 2 times the SMI: but section 1.6 for someone else with residence authorisation

The form for the payment can be downloaded from the Internet portal of the Secretary of State for Public Administration External link to the portal.

Application resolution period: 3 months from the day following the date on which it was entered in the register of the competent body for processing. Once said period has elapsed without the Administration having made the notification, it may be understood that the application has been rejected due to administrative silence. (When it has not been possible to notify the resolution, it will be announced on the Single Edictal Board (TEU) https://www.boe.es/notificaciones/. If you have opted for electronic or regulatory notification, you are obliged to use that means, the resolution It will be notified by publication in the electronic headquarters. If the resolution is not accepted within 10 business days from its publication, it will be considered notified).

In the case of concession, the worker has one month from the notification to the employer, to personally request the visa at the diplomatic mission or consular office in whose demarcation he resides. The visa application must be accompanied by:

Ordinary passport or travel document recognised as valid in Spain with a minimum validity of four months.

Criminal record certificate issued by the authorities of the country of origin or of the country or countries in which he has resided during the last five years.

Medical certificate.

Copy of the contract presented and sealed by the Immigration Office.

Proof of having paid the visa fee.

The diplomatic mission will decide on the request within a month.

Notified, where appropriate, the granting of the visa, the worker must collect it personally within a period of one month from the date of notification. If the collection is not made within the aforementioned period, it will be understood that he has resigned and the file will be filed.

The worker must enter Spain during the three months of validity of the visa, which enables them to enter and remain in Spain in a situation of stay until their affiliation and registration in the corresponding Social Security regime occurs, within a period of three months. from the entrance.

Within one month from the time the worker has registered with Social Security, he must request, in person, the Foreigner Identity Card at the Immigration Office or Police Station of the province where the authorisation was processed. Where to go, the hours and if you have to make an appointment. External link to the portal.

The applicant will show his passport or travel title at the time of the fingerprint process and will provide:

Application for foreign student card, in official model (EX-17).Proof of payment of the card fee.

Accreditation of the affiliation and/or registration of the Social Security.

A recent colour photograph, on a white background, passport size.

 

Digital Nomad Visa.

Nationals of third countries who travel to Spain to carry out a remote work or professional activity for companies located outside the national territory, through the exclusive use of computer, telematic and telecommunication means and systems.

Required documentation:

Documentation Requests Teleworkers International Sector
 Copy of the complete passport or valid travel document. (all pages)
 Proof of having paid the fee (mod. 790 038) also attached proof of payment if this is not reflected on the 790 model itself
 Application form signed by the teleworker (MIT Form)
 Proof of employment/professional relationship of at least three months from the date of the application with the foreign company/companies with which the relationship is maintained.
 Accreditation of real and continuous activity for at least one year of the foreign company or group of companies with which the worker maintains a labor or professional relationship.
 Letter from the foreign company, authorizing the development of remote work from Spain, accrediting the profile of the position, salary to be received, terms and other conditions in which the professional activity will be carried out remotely.
 Copy of the degree related to the performance of the position or, where appropriate, minimum substitute experience of that in functions similar to the position to be held
 Certificate of Social Security coverage (if there is an agreement with the country of origin) or registration in the Spanish social security accrediting at least the application for registration of the foreign company with Social Security and the commitment to register once the authorization has been obtained before from the start of work.
 Current criminal record certificate from the country or countries where you have resided during the last two years. Additionally, a responsible declaration of the absence of criminal records of the last 5 years will be presented (The above will not apply when you are the holder of a residence authorization, or stay in Spain for more than 6 months and you have already contributed to obtain said authorisation)

 Public or private health insurance. Travel insurance is not accepted (Not necessary in the case of registration with Social Security)

FAQS:

1. What is an international teleworker?

A worker authorized to remain in Spain to carry out a remote work or professional activity for companies located outside the national territory, through the exclusive use of computer, telematic and telecommunication means and systems.

2. Who can obtain an authorization as an international teleworker?

A national of a third state, of legal age. (Does not apply to citizens of the European Union or to those to whom European Union law applies)

3. Can a freelancer be considered an international teleworker?

Yes, as long as he proves a professional relationship through a commercial contract with the foreign company for which he works for a minimum of three months and that company authorizes the transfer to Spain.

4. Is registration with Social Security mandatory in Spain?

Yes, when carrying out the work activity from Spain, registration is mandatory, being able to give two cases:

Employed worker: The company must register with the Social Security to be able to enroll the teleworker here in the General Regime.
Self-employed. The worker himself must register in the self-employed workers regime (RETA)

The Social Security registration requirement may only be substituted by importing the right from the country of origin, as long as there is an international agreement on social security signed between Spain and that country and the social security administration of origin issues a document based on said agreement for teleworkers that provides temporary coverage in Spain.

It is important to emphasise that only some of the countries with an agreement issue the certificate of coverage for teleworkers.

5. If the company has a branch in Spain, can I affiliate them to social security through said company or import the right to social security from countries with an agreement based on said transfer?

In this case, they would not be considered teleworkers but workers transferred between companies or ICT (Intra Company Transfer) being governed by said figure and its specific requirements.

6. What other requirements are necessary?

Not be illegally in Spain.

Lack of criminal records in Spain and in the country/s where they have resided for the five years prior to the application (Certificate/s must be provided from the country where they have resided during the two years prior to the application and an affidavit of not having criminal records in the countries of residence of the last five years)
Have public insurance (through Social Security registration) or equivalent private health insurance arranged with an insurance company authorized to operate in Spain. Travel insurances are not valid, nor those limited to reimbursement of medical expenses, nor those that present grace periods or co-payments.
Have sufficient financial resources for themselves and their family members during their period of residence in Spain.

7. Can they do other jobs in Spain?

Always from the premise that your work can only be carried out exclusively through computer, telematic and telecommunication media and systems, there are two assumptions:

Employment relationship: In Spain you can only work for the company located outside the national territory for which you perform the teleworking service.

Professional relationship: You can work for a company located in Spain, as long as you maintain the professional relationship with the company with which you are requesting the authorisation and the percentage of said work with the Spanish company/s is a professional relationship (never employment). and does not exceed 20% of their total professional activity

8. What absences outside the national territory can a teleworker accumulate?

They can be absent a maximum of six months per calendar year to continue maintaining the requirements for obtaining the authorisation.

9. Can family members obtain an authorisation/visa?

If, the spouse or person with a similar affective relationship, the minor or older children who, economically dependent on the owner, have not constituted a family unit by themselves and the dependent ascendants, who meet or accompany the foreigners can request, jointly and simultaneously or successively, the authorisation and, where appropriate, the visa.

10. Can family members work in Spain?

Yes, the fourth additional provision of Law 14/2013 establishes that residence permits authorise you to reside and work (both self-employed and employed).

11. Should minimum economic resources (livelihoods) be accredited?

Yes, applicants for visas or international telework residence authorizations must prove that they have financial resources for themselves and their family members in accordance with the following amounts:

Holders of visas and residence authorizations: amount that represents 200% of the minimum interprofessional salary (SMI) monthly
Family units that include two people counting the owner person and the regrouped person: at least 75% of the SMI. 25% of the SMI will be required for each additional member to the two people mentioned.
These amounts can be accredited, among others, with the contract, payroll, certificate of the company that moves, etc.

Golden Visa.

This visa allows you to reside in Spain with your family as fiscal or non fiscal residents. Permitted absences without losing your residency status by spending as little as 24 hours in Spain.

Requirements:

1. Non-resident foreigners who intend to enter Spanish territory in order to make a significant capital investment may apply for a stay visa, or, where appropriate, a residence visa for investors.

2. A significant capital investment shall be understood to be that which meets any of the following assumptions:

a) An initial investment for a value equal to or greater than 2 million euros in Spanish public debt securities, or for a value equal to or greater than one million euros in shares or social participations of Spanish companies, or bank deposits in financial institutions Spanish.

b) The acquisition of real estate in Spain with an investment of a value equal to or greater than 500,000 euros for each applicant.

c) A business project that is going to be developed in Spain and that is considered and accredited as of general interest, for which compliance with at least one of the following conditions will be assessed:

1st Creation of jobs.

2. Carrying out an investment with a significant socioeconomic impact in the geographical area in which the activity is to be carried out.

3rd Relevant contribution to scientific and/or technological innovation.

3. It will also be understood that the foreign applicant for the visa has made a significant investment of capital when the investment is carried out by a legal person, domiciled in a territory that is not considered a tax haven under Spanish regulations, and the foreigner owns, directly or indirectly, the majority of its voting rights and has the power to appoint or remove the majority of the members of its administrative body.

 

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Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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