Living and working in Spain
Obtaining residence permits in Spain
There are several legal ways to come to live (reside) in Spain. In some cases they allow you to work, in others they do not. It is important to be accompanied by a professional law firm during the process of obtaining residence permits in Spain, this allows you to speed up the procedures and avoid mistakes.
We highlight the most relevant legal channels according to the regulations in force at the date of publication of this article:
Non-profit temporary residence permit
- It does NOT allow you to work.
- It DOES allow residence in Spain
- It is requested from the consulate of the country of origin.
- The applicant must prove that he/she has the necessary economic means to reside in Spain without working: the minimum amount is 400% of the IPREM (approx. 30,000€ per year). For each additional family member, an additional contribution of 100% of the IPREM (approx. 7,000€ per year) must be made.
- The applicant must also have public health insurance or private insurance with an insurance company authorised to operate in Spain.
- It requires an interview with the consul, in which many questions are usually asked to ensure that the applicant’s objective is not to come to Spain to work and that he/she can live by his/her own means.
- Initial duration of 1 year, renewable for 2 more years. The maximum number of renewals is two, after these two renewals (i.e. when you have been residing in Spain for 5 years), you can apply for a long-term residence permit.
- There is a possibility to modify it to an authorisation allowing either employed or self-employed work.
Authorisation to reside and work as an employed person.
- YES, it is possible to work as an employee (with an employment contract).
- DOES allow residence in Spain
- It is requested by the employing company, while the person concerned is in the country of origin.
- Once the application has been favourably resolved, the interested party can apply for a visa to come to Spain.
- Duration of 1 year, renewable for 2 more years. The maximum number of renewals is two. After these two renewals (i.e. when you have been residing in Spain for 5 years), you can apply for a long-term residence permit. This long-term authorisation allows foreigners to reside and work in Spain indefinitely under the same conditions as Spaniards.
- Requirements also for the employing company.
- What happens if I lose my job? In principle, this would not be a cause for loss of authorisation, as the Immigration Law contemplates multiple scenarios and offers solutions for different cases, but each specific case must be assessed.
- It is possible to convert it into a residence and self-employed work permit, if the conditions for such a permit are met.
Authorisation for residence and self-employed work
- YES, it allows self-employment (self-employed, freelance).
- It DOES allow you to live in Spain.
- The interested party must apply for it from the country of origin.
- You must have a business project that you can present.
- It is a complex authorisation to process, the simplest way is to enter as an employee, and then modify the permit.
- Duration of 1 year, renewable for 2 more years. The maximum number of renewals is two, after these two renewals (i.e. when you have been residing in Spain for 5 years), you can apply for a long-term residence permit.
Residence authorisation for real estate investment (Golden Visa)
- It DOES allow you to work in Spain.
- It DOES allow you to live in Spain.
- Eligible are the applicant, his/her spouse or unmarried partner and dependants (minor or adult children who are financially dependent on the holder and have not constituted a family unit on their own, and relatives in the ascending line who join or accompany the applicant).
- Initial duration of 2 years, renewable for successive periods of 5 years for as long as the investment is maintained.
- Does not involve a transfer of tax residence (unless you spend more than 183 days in Spain, etc.).
- Requires investment in a property located in Spain whose value is equal to or greater than 500,000 euros.
- Must be free of mortgages and/or loans.
- Can be done by a company owned by the applicant
- Must be done within the two months prior to the application for the permit.
- The foreigner must visit Spain at least once a year, and in order to obtain the renewal of the visa must prove that he/she is still the owner of the investment.
- The applicant must prove that he/she has the necessary economic means to reside in Spain without working: the minimum amount is 400% of the IPREM (approx. 30,000€ per year). For each additional family member, an additional contribution of 100% of the IPREM (approx. 7,000€ per year) must be made.
- The application for the “Golden Visa” can be made at the Spanish Consulate of the country of the previous residence, or in Spain if you have entered through another visa.
Golden Visa Variations
Although the Golden Visa by means of real estate investment is the most common, there are other modalities of the same one that differs in the amount of the investment and/or requirements.
- By means of a capital investment of at least 1 million euros (in the share capital of a company that develops business in Spain, in bank deposits or in investment funds).
- Acquiring the ownership of Spanish public debt for at least 2 million euros.
- Through the creation of a business project with which jobs are created, which constitutes a relevant scientific or technological contribution, or which is relevant in a specific geographical area.
Common requirements for residence permits in Spain
- The applicant must be of legal age.
- No criminal record.
- Applicants must not have a criminal record and must not have been refused entry into Spain or any of the Schengen countries.
- In the case of the Golden Visa: you must have public or private health insurance, and you must not suffer from contagious diseases.
General questions
What happens if I go and come back?
As long as the foreigner does not have a residence permit in Spain, there is a general period of 90 days within which the foreigner can stay in Spain as a tourist. This period of 90 days may not be repeated within the same 6 months, i.e. since returning to the country of origin, 6 months must pass before spending 90 days in Spain again (in the event that the foreigner has used up the 90 days of stay in Spain, if he/she has spent fewer days here, this criterion will not be applied).
How to enter Spain?
- As a tourist, if you are coming from a Schengen country, you do not need anything more than your identity card or passport.
- If you come from a non-Schengen country, in addition to your passport, you will probably need a visa (unless your country of origin has signed an agreement with Spain exempting you from this requirement).
In any case, the usual requirements are as follows:
- Passport + visa in some cases (applied for in the country of origin, never at the border).
- Proof of accommodation (hotel reservation, or letter of invitation).
- Proof of accommodation (hotel reservation, or letter of invitation).
- Medical insurance.
- Proof of sufficient financial means for the days of stay and the persons travelling.
- Have no express prohibitions on entry to Spain.
- If you have applied for a visa expressly to acquire a type of residence and work permit in Spain, you must obtain it from the Spanish consulate in your country of origin, with the specific requirements for each permit.
Obtaining a Spanish passport
Those who have been legally resident in Spain for 10 years can apply for naturalisation and obtain a Spanish passport.
Those countries that currently have an agreement with Spain have a term of 5 years instead of 10, these are:
- Argentina
- Bolivia
- Chile
- Colombia
- Costa Rica
- Cuba
- Ecuador
- El Salvador
- Guatemala
- Guinea Ecuatorial
- Honduras
- México
- Nicaragua
- Panamá
- Paraguay
- Perú
- Puerto Rico
- República Dominicana
- Uruguay
- Venezuela
Emigrating is not an easy decision, and at Blegal we understand that it is a process where the paperwork can be cumbersome and complex, varying greatly from case to case depending on the country of origin and the employment situation of each person. Translated using DeepL
If you are thinking of emigrating to Spain or regularising your situation in the country, do not hesitate to contact us to assess your case. You can consult our information on this topic here.
