Solicitor Raymond Nesbitt supplies us with a general overview on the different types of visa permits available and how to spend more than 90 consecutive days in Spain.

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Article copyrighted © 2023. Plagiarism will be criminally prosecuted

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
1^st of January 2023

Introduction

With the advent of the new and upcoming popular Digital Nomad Visa (which has now been approved), it was time to update our visa article. The goal of this article is to explain how you can (legally) spend over 90 consecutive days in Spain.

If you are a non-EU national, you can legally spend up to a maximum of 90 consecutive days in Spain, or within the Schengen Area, within every rolling six-month period. This is popularly known as the 90/180-day rule.

Non-EUs who wish to spend longer periods of time in Spain, or even work, must apply for a visa. Please note that not all visas allow you the right to work in Spain, it should not be taken for granted.

In this article, we supply a general overview of all five visas available through our company.  We won’t cover other options, such as student visas, which are applied for directly by academic institutions.

The five listed visas below allow its successful applicants, and dependants, to remain in Spain for more than 90 consecutive days within a calendar year; moreover, you may stay all year round if it pleases you. As an additional advantage, visa holders will have unfettered access to the Schengen Area (all 26 countries). Basically, you will be treated on equal footing to a Spanish national on entering & exiting the country without all the border & customs hassle that cause so much aggravation.

Regarding taxation, none of them automatically make you tax resident in Spain on attainment. However, if you spend over 183 days/year in Spain you will be deemed tax resident. On applying for a visa renewal, you will have to provide proof you are living in Spain long term, which triggers tax residency.

All visas collated below extend their benefits to the main applicant’s family i.e. spouse and underaged children.

All five listed-below visas have in common the following staple requirements:

1. Non-EU national.
2. Hire private health insurance in Spain.
3. Clean criminal record (previous 5 years).
4. Be self-supporting (you will not claim benefits).
5. Not be already in Spain illegally at the time of making a visa application.

1. Digital Nomad Visa (DNV)

The DNV belongs to a new generation of visas that specifically target certain collectives that are of interest to the government. To that end, it rolls out the red rug to attract talented teleworkers offering them in exchange unique and enticing advantages. Hands down the outlying advantage is the privileged taxation it confers upon its holders (basically Beckham's law applies). No other visa in Spain offers the benefits of paying such low-income tax: a flat tax rate of only 24% on the first €600,000 of gross annual earnings over a five-year period. Your worldwide income & assets are tax-exempt. If you fancy living and teleworking from Spain, and paying few taxes, look no further.

Suitable for:

• Freelance workers
• Affluent candidates 
• High-end corporate profiles
• Teleworkers in general

Further reading: Spain’s Digital Nomad Visa approved! – 29th December 2022

We offer this competitively priced visa service: Digital Nomad Visa

2. Golden Visa – Investor visa

The investor visa is devised for affluent applicants. It is popularly known as a ‘Golden Visa’. It’s a blue-ribbon visa that basically rolls out the red rug for its privileged holders that neatly cuts through all the red tape. Its purpose is to foster foreign investments in Spain. Whilst there are many different ways to attain a GV, the most popular (and least expensive) is by investing in Spanish real estate. This requires investing €500,000 in property. We should point out that it applies retrospectively; meaning that any UK national (or from any other non-EU country) that bought a property in Spain for over 500k on or after the 28^th of September 2013 may qualify. Unlike the other visas listed below, renewals are not subject to proving you live in Spain all year round. They are based on keeping the investment. This ability to override the 90/180-day rule and not being ‘forced’ to live in Spain make it one-of-a-kind and explains why it is so coveted. GVs allow you to work in Spain should you choose to.

Suitable for:

• Affluent property buyers
• Investors, developers
• High-flyers

Further reading: The Spanish Golden Visa: 8 Reasons to apply – 21^st March 2022

We offer this competitively priced visa service: Golden Visa

3. Marriage visa – EU Family regroupment

It’s intended for families or couples that have been separated, in and out of the EU. It seeks to reunite them in an expedited manner within the EU. So, although this type of visa is popularly dubbed as ‘marriage visa,’ it would be rather more appropriate to refer to it as ‘family visa’, as its scope goes well beyond a married couple. It ought to be understood in broader terms, as in family reunion. As its own name implies, couples must be married (including same-sex partners). This visa allows you to work in Spain.

Suitable for:

• Separated family members that wish to reunite within the EU
• Married couples

Further reading:  EU-family regrouping (marriage visa)

We offer this competitively priced visa service: EU-family regrouping (Marriage Visa)

4. Business visa – Lucrative Visa

As its own name implies, this permit allows the applicant to work in Spain as you will be self-employed. This residency applies to someone who is looking to set up his own business in Spain. Typically, you will be acting as director or company administrator. Needless to say, one of the key requirements is that you will have enough means to be self-supporting both for yourself and your family for one year. The catch, besides a cast-iron motivation, is that you need to invest in the ballpark of €100,000 in savings to open & run a business.

Suitable for:

• Applicants wishing to set up and run a family business in Spain
• Self-employed
• Dauntless entrepreneurs

Further reading:  Lucrative residency permit (business visa)

We offer this competitively priced visa service: Lucrative Visa

5. Pensioner visa – Non-Lucrative Visa

As its own name implies, this visa allows the applicant to live, but not to work, in Spain. The applicant will be expected to be self-supporting and will be required to prove he or she has enough savings for at least two years. This visa is ideal for retirees who wish to spend extended periods of time in Spain – without working – enjoying the finer things in life. However, it should be noted that other applicants, who are not of pensioner age, are also welcome to apply. This visa is also a good option for those who want to test the waters and are considering living in Spain long term.

Suitable for:

• Pensioners
• Would-be buyers, long-term tenants
• Bon vivants with a healthy bank balance

Further reading: The Spanish Non-Lucrative Visa Explained

We offer this competitively priced visa service: Non-Lucrative Visa

LNA has a 100% track record attaining Spanish residency

Larraín Nesbitt Lawyers, small on fees, BIG on service.

At Larrain Nesbitt Abogados, we have assisted hundreds of non-EU nationals to successfully attain a Spanish residency permit since 2013.

Interested? Come and speak to Larraín Nesbitt Abogados’ friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 952 19 22 88.

Residency services available from LNA

• Digital Nomad Visa
• Golden Visa
• Non-Lucrative Visa
• EU-family regrouping (Marriage Visa)
• Lucrative Visa
• Spanish Residency permit for EU nationals (includes TIE card & NIE number)

Article originally published at Spanish Property Insight: How to spend over 90 days in Spain – Residency visa overview

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.023 © Raymundo Larraín Nesbitt. All Rights Reserved.