Immigration Archives - Legal Financial Tax Spain

In 2024 Spain implemented significant reforms to its immigration laws to enhance migrant integration and address labour market needs.

Key Spain rule and law changes that are relevant to people that are not citizens of EU countries who are looking to move to Spain include:

Property Investor ‘Golden Visa Residency

In November 2024, the residency scheme for property investors, or ‘Golden Visa’ as it’s commonly known, was deleted from the Law, (Ley 14/2013, de 27 de septiembre, de apoyo a los emprendedores y su internacionalización), that brought it into being. As of 3rd April 2025, the ‘Golden Visa’ is no longer available to new applicants. Existing holders of the visa / residency and their family members can carry on renewing their residency, for as long as they continue to qualify under the rules as they were. New applications by family members of existing holders are also possible.

Non-Lucrative Visa

An update to another law published in january 2025, (Real Decreto 1155/2024, de 19 de noviembre, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social), adds a condition of renewal that the applicant must ‘have actually and effectively resided in Spain for more than one hundred and eighty-three days during the calendar year’.

This counters the September 2023 Spanish Supreme Court ruling which declared null, the article of law that allowed temporary residence permits to be terminated when there had been absences from Spain for more than 6 months in the year.

This means that becoming tax resident in Spain is now a requirement for anyone who wants to renew their non-lucrative residency on an ongoing basis. The same article also notes that at renewal, ‘failure of the foreign person to comply with their tax and social security obligations during the validity of their authorization, will also be checked and assessed.

Other changes in the same law also defined specific details that documents from foreign institutions such as bank statements must include. These are listed as:

a) The business name or full name of the bank or credit institution, as well as its address.
b) The complete identification of the accounts.
c) The date of opening or cancellation or, where applicable, the dates of granting and revoking the authorization.
d) The account balances as of December 31 of the year prior to the year in which the application is submitted and the average balance for the last year.

Although not mention in this law, we have experienced an increasing number of requests from immigration for foreign bank statements to be certified by a notary public and legalised and translated.

Other Visas & Residency

Student Visa

For those who come to Spain to study higher education for more than one year they will now not hhave to renew their residency permission every year. The initial permit will be vaild for the full duration of the period of study.

Options for working up to 30 hours per week, while studying and or getting a work permit after finishing studies are also improved.

Undocumented Immigrants

Changes in the Law lighten the requirements for individuals who are in an ‘irregular residency situation’ who wish to get themselves straight. Theses changes include shortening the period of ‘irregular reidence’ from three to two years, removing the requirement of proving integration where the individual has immediate family that are permanently resident in Spain, and second chance for those who have not been able to renew the residency that they had.

According to new agency Reuters, Spain plans to regularize approximately 300,000 undocumented migrants annually over the next three years to address labor shortages and sustain its welfare system amidst an aging population.

All of these changes, effective May 20, 2025, aim to streamline the processing of residence and work permits, aligning with national regulations and European directives. They reflect Spain’s commitment to improving migrant integration, addressing demographic challenges, and ensuring that immigration policies align with labour market needs.

Property Tax of 100% for Non-EU Buyers

Despite what you may have seen or heard, a 100% property tax for non-EU buyers of property has not come into affect and is unlikely ever to. It was simply an idea put forward by the Prime Minister as a measure to help address some significant imbalances in Spains property market.

Foreign buyers make up around 15% of ther overal market, and this percentage includes nationals of EU countries (approximately half) and Non-EU nationals who are resident in Spain. The actual percentage of non-resident non-EU national buyers is really quite small, so bringing in such a tax woudl have little effect.

In any case even if this tax were to come in, it should not scupper anyones plans for buying a property and moving to Spain. All they’d have to do is move first and then buy which is what a lot of people do anyway, i.e. rent for 6 to 12 months to explore, get a feel living in Spain and find that perfect home in Spain before committing to their purchase.

Spanish Residency Requirements for British Citizens and UK Nationals 2025

22 December 2024

by Lifestyle Editor Digital Nomad Visa Golden Visa Immigration Information Moving to Spain Non-Lucrative Visa Residency Visas

British citizens / UK nationals now have to follow the same process as other non-EU national citizens of third countries to get Spanish residency, i.e. there is a requirement to first obtain a visa.

The financial means required for a British Citizen / UK national to obtain a residency visa, is a lot higher than it was when the UK was in the EU. A single applicant needs to have around €30k per year in either income or savings, whereas a citizen of an EU country €6k is sufficient.

British nationals also have to obtain a police criminal report, get official supporting documents legalised, and medical certificates are also required for most visa applications. Continue Reading

Update – End Of The Golden Visa For Property Purchases in Spain

8 December 2024

by sd_editor Buying Property Immigration Latest Legal Visas

UPDATE

In November Congress approved a bill that included text to scrap the ‘Golden Visa’ and end this residency scheme as soon as January 2025. On December 2nd, the Senate vetoed the bill sending it back to Congress delaying the ending of the Golden Visa. The legislation has now been passed and will come into effect 3rd April 2025.

It will be possible to apply for a ‘Golden Visa up to that date, and anyone who has been granted residency under the scheme will be able to continue renewing in the future.

Background to the End of the Spain’s Golden Visa

Just over one year after Portugal announced that its ‘Golden Visa’ for property investors would be coming to an end, Spain has signaled the end of the ‘Golden Visa‘ for property purchases in Spain.

On Monday 8th April 2024, President Pedro Sanchez announced, “We are going to start the procedure to eliminate the granting of the so-called golden visa , which allows access to the residence regime when more than half a million euros are invested in real estate. We are going to take the necessary measures to guarantee that housing is a right and not a mere speculative business,”

The residency by property investment scheme, offers a 3 year residency permit to foreigners from third countries who purchase a property for €500,000 or more.

The scheme, introduced in 2013 in the fallout of the housing market crash and financial crisis, was seen as a way to invigorate the real estate sector by attracting investment from foreigners, but has not been without criticism. Not least for the lightweight background checks, and being viewed by other EU nations as a back door into the EU for individuals who would otherwise not gain access.

At home, the scrutiny is more political, with those averse claiming that it distorts, and has negative socio-economic affects. It is this which Sanchez seems to indicate as the main driver, as he stated that nearly all approved ‘Golden Visas’ and residency permits for property investments were located in regional capitals such as Barcelona, Madrid, Malaga and Valencia, ‘cities where the housing market is stressed’.

He added “We do not want a speculative investment model with housing”, further commenting on the aim of his main policy to ‘guarantee access to affordable housing . . . and assure that no citizen has to spend more than 30% of their income towards having a suitable, quality home’.

In 2023, foreign buyers bought 15% of all homes sold in Spain with British buyers continuing to top the board as the nationality with the largest numbers buyers.

When Ireland, Portugal and Greece got rid of their ‘Golden Visa’ schemes, lack of affordable rental housing stock in its major cities was also cited as a main reason.

Others, including real estate experts have a different view and warn that ending the scheme could be harmful to the Spanish economy as the country will lose foreign investment into the property sector.

Whatever view taken, one thing now seems certain, the countdown has started and it is just a matter of time before Spain’s ‘Golden Visa’ for property investment comes to an end.

Until then, it remains an option for those who have €500k to invest in a property, and anyone looking to do so, needs to act now before it’s too late.

This article references information published by El Pais

Image credit: Sala del Consejo de Ministros, Edificio del Consejo de Ministros Photographs by Borja Puig de la Bellacasa via Wikimedia Commons

EU Travel Rules For Non-EU Family Members of EU Citizens

21 October 2024

by sd_editor Immigration Living in Spain Moving to Spain Residency

The EU travel rules for non-EU family members of EU citizens are different to the general rules for other nationals of non-EU countries.

If you are a citizen of an EU country living in or or travelling to another EU country, your family can join you, including core family members who are not EU citizens.

Non-EU core family members include spouse, children, dependent descendants, dependent parents or dependent grandparents. It also applies to non-EU registered partners, however only if the country they are travelling to considers registered partnerships as equivalent to marriage.

What documents does a non-EU family member need to travel to an EU country with their EU family member?

Depending on which country the non-EU family member is from, aside from a valid passport from their home country, they may or may not need a visa.

A non-EU family member who is a citizen of a country who’s nationals are allowed visa free travel to the Schengen area will not need a visa, whereas a family member from a country where Schengen visa are required will. The exception to this is where the non-EU family member holds a residency card issued by and EU country that is in the Schengen area.

For example a South African married to a German would need Schengen visa to travel to Spain with their spouse, however if they held a German residency card, they would not.

If a visa is required for a non-EU family member, according to EU rules it should be free of charge and processed under a fast track application procedure for core family members of an EU citizen.

A visa for a non-EU family member can be declined fir they fail to prove:

they are a family member of the EU citizen
that the EU citizen lives in or will travel to an EU country other than the country of their nationality
they will join or accompany the EU citizen in that country

Additionally, EU countries have the right to refuse visa application for reasons linked to public policy, security or health, and reasons linked to abuse or fraud.

How long can a non-EU family member stay in an EU country with their EU family member?

Non-EU family members are entitled to accompany or join their EU family member without any conditions or formalities for consecutive periods of up to 3 months per EU country visited. They are not subject to the overall limitation of up to 90 days in a 180-day period that applies in the Schengen area, i.e stays different EU countries can be combined without an overall time-limit.

So for example they could stay for 3 months in Spain, then 3 months in France consecutively, whereas other non-EU nationals would have to leave the Schengen area after a 3 months stay in Spain and would have to wait another 3 months before they could visit another Schengen country again.

Conditions of the EU rules on residence apply to non-EU family members of EU citizens visiting EU countries

EU citizen and non-EU family member staying in an EU country for up to 3 months

For stays less than 3 months, all that is needed is a valid passport and an entry visa for the non-EU family member if applicable.

EU citizen and non-EU family member staying in an EU country for more than 3 months

The applicable EU directive (2004/38/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004) allows each member state to set its own administrative and registration formalities for EU citizens of other EU countries coming to stay in their country for more than 3 months. Articles 7, 8 and 9 cover residence for periods or more than 3 months and the administrative requirements that may be put in place.

While requiring the registration formalities is optional for each member state for EU citizens, it is are not optional for the their non-EU family member.

Article 9
Administrative formalities for family members who are not nationals of a Member State
1.   Member States shall issue a residence card to family members of a Union citizen who are not nationals of a Member State, where the planned period of residence is for more than three months.
2.   The deadline for submitting the residence card application may not be less than three months from the date of arrival.
3.   Failure to comply with the requirement to apply for a residence card may make the person concerned liable to proportionate and non-discriminatory sanctions.

If a member state has a requirement for registration for EU citizens for periods of residence longer than three months according to the directive ‘failure to comply with the registration requirement may render the person concerned liable to proportionate and non-discriminatory sanctions’.

What is the registration requirement for EU citizens and their Non-EU family members in Spain?

If the EU citizen and their non-EU family member family want to stay longer than 3 months in Spain, then the EU citizen is required to report their presence to the relevant authorities, and their non-EU family member must apply for a residence card.

In Spain the procedure for the EU citizen is an application for a ‘residency certificate‘ which is done at the National Police station. This has to be done before the non-EU family member can apply for their residency card, as the EU family members residency certificate is required in their application.

Spanish residency card for family member of an EU citizen

Spanish Residency for non-EU family members of an EU citizen in Spain

10 October 2024

by sd_editor Immigration Living in Spain Moving to Spain Residency TIE tarjeta de identidad de extranjero

Spanish residency for non-EU family members of an EU citizen in Spain, is an extended right. Family member includes spouse or civil partner, children or dependants of who are part of the household, and under 21 years of age.

A citizen of an EU country has an automatic right to live in Spain, however must obtain their Spanish EU citizen residency certificate before their non-EU family members can then apply for their Spanish residency.

The non-EU family member makes their residency application in Spain, and must be legally present when they do so. The non-EU family member does not need to apply for a long term residency visa before they come to Spain. If they are a national of a country who’s citizens enjoy visa free travel as tourists to the Schengen zone, they can travel to Spain under Schengen rules and make their family member residency application whilst they are within their 90 days allowed under Schengen rules.

Supreme Court Ruling Temporary Residency Spain

Supreme Court Ruling on Termination of Temporary Residence Due to Absence From Spain

14 September 2023

by sd_editor Immigration Visas

Earlier this year, the Spanish Supreme Court declared null, the article of law that allowed temporary residence permits to be terminated when there had been absences from Spain for more than 6 months in the year. The Supreme Court ruling on termination of temporary residence due to absence from Spain, dismisses article 162 – 2.e) of Real Decreto 557/2011 stating that this should be regulated in the higher ranking immigration law, the ‘Ley Orgánica 4/2000’ and not in a regulation written in law of lower rank. It therefore considers that the article limits the fundamental right of free movement of foreign citizens who have temporary residence in Spain as established in the Spanish Constitution.

Portugal Ends Golden Visa – Will Spain Follow?

20 February 2023

by sd_editor Immigration Latest Property Visas

Portugal has ended its Golden Visa residency program for property investors. This announcement came just a week after Ireland terminated of its ‘Golden Visa’ Immigrant Investor Program.

Both countries introduced Golden Visas in 2012, as did Spain, as they struggled to recover from the global financial crisis. The aim was to prevent banking collapse by bringing foreign money into their real estate markets.

According to Forbes, the scheme has brought in €6.8 billion direct investment into Portugal since its launch in 2012, with the most of the money going into real estate. The knock on effect of this has been rents and house prices have soared in a country which is among the poorest in Western Europe, where according to Reuters, more than half of workers earn less than €1,000 per month.

Because Portugal’s ‘Golden Visa’ program didn’t require any minimum time to be spent in Portugal, properties were bought and left empty, or just used for 2 or 3 weeks and rented as holiday lets for the rest of the year. This resulted in distortions in both the rental and sale sectors of the property market.

The increase in properties let short term for holidays, reduced the availability of long-term rents, pushing up prices which became unaffordable to locals. In Lisbon, short-term rentals now account for more than 60% of listed properties. Lisbon is the third costliest rental market in Europe after Milan and Paris. Rents increased by 37% in that city in the fourth quarter of 2022 alone.

The ‘golden visa’ investment entry point became the floor price for properties in many parts of Portugal. Sellers priced their properties for wealthy foreign buyers pushing asking prices way beyond what locals could afford.

Aside from upsetting the ordinary Portuguese, ‘Golden Visa’ schemes like those offered by Portugal, Ireland and Spain are seen as a back door entry for nationals of non-EU countries into the EU and also vehicles for money laundering.

The European Parliament announced in March last year (2022) that citizenship by investment programmes (i.e. Golden Visa Schemes) should be gradually removed. This proposal passed with 595 votes to 12. EU pressure has already forced Malta, Cyprus, Latvia, and Bulgaria to scrap their ‘Golden Visa’ residency initiatives, so it is not surprising that Ireland and Portugal followed suit, and maybe is only a matter of time before Spain follows.

The Spanish left-wing party political party, MásPaís this month put forward a bill proposing and end to the property option in the country’s Golden Visa residency program.

So Portugal’s shop is closed, but as things stand Spain’s ‘Golden Visa’ Property Investor Residency remains an option (for now) for those who have €500k to invest in a property.

If you’re interested in obtain a Spanish Golden Visa through property investment, the clock is ticking … the time to act is now.

Digital Nomad Visa for Non-EU Remote Workers in Spain

5 January 2023

by sd_editor Immigration Visas

The Digital Nomad Visa is now available in Spain following the passing of the new Startups Law, ‘Ley de Startups‘. This visa which allows the holder to live in Spain and work remotely or online, can be applied directly in Spain, or via the Spanish Consulate in the country in which you currently reside.

To get a Digital Nomad Visa, applicants must have sufficient funds to support themselves, proof they can work remotely from Spain, and must already have been working in their current ‘remote worker’ employment or self-employment prior to applying.

Holders of the Digital Nomad Visa are eligible for a special income tax rate fixed at 24% for the first 5 years, offering higher earners reduced income tax compared to normal residents.
Continue Reading

Spanish Non-Lucrative Visa for UK British Nationals

8 May 2021

by sd_editor Immigration Latest TIE tarjeta de identidad de extranjero Visas

The Spanish Non-Lucrative Visa offers residency to British nationals who have the financial means to support themselves without working. The Spanish Non-Lucrative Visa scheme is therefore ideal if you are retired or have passive income, for example from a portfolio of properties or other investments. The Spanish Non-Lucrative Visa allows full-time residency in Spain with an expectation of a minimum of 6 months residence maintained.

What does the Spanish Non-Lucrative Visa Offer UK British Nationals?

The Spanish Non-Lucrative Visa gives permission to reside in Spain for up to 5 years, providing ongoing eligibility requirements continue to be met. The TIE, tarjeta de identidad de extranjero is the residency card that is issued. The TIE is initially valid for 1 year, and can be renewed twice for 2 years at a time. When 5 years of full-time residency has been completed, permanent residency can be applied for.

A Visa for Full-Time Living in Spain

The Non-Lucrative Visa is intended for people who want to live in Spain full-time. Time spent in Spain does not count towards the Schengen limit, so travel in the rest of the Schengen area up to 3 months out of 6 months, is also still possible.

Spouse or legal partner, children under 18 years and dependent ascendants can also obtain residency in Spain under the Non-Lucrative Visa scheme. This of course providing there are sufficient financial means to support all applicants.

Unlike the ‘Golden Visa‘, there is a minimum amount of time that must be spent in Spain to be able to renew residency, so it may be not ideal for holiday home owners who want to spend more than 3 months in one go in Spain, but typically spend less than 6 months altogether, e.g. 5 months over the winter.

How does a British UK National Apply for a Non-Lucrative Visa & Residency?

British nationals who wish to get a Non-Lucrative Visa, must apply for it at the Spanish Consulate in the UK, or if they reside in another country, through the consulate of that country. Once the visa has been approved, it’s valid for 90 days from the date of issue. During this time the holder must travel to Spain and apply for their residency card or TIE tarjeta de identidad de extranjero. The application for the TIE, must be made within 30 days of arrival in Spain.

Applications for the Non-Lucrative Visa cannot be presented by a legal representative and must be applied for in person. There is an application fee of £516.

Summary of Non-Lucrative Visa General Requirements

The Non-Lucrative visa applicant must:

● Have a valid passport with at least 1 year before expiry
● Not have entered or stayed illegally in Spanish territory
● Not have been refused entry in any of the 26 Schengen countries
● Have sufficient financial means to cover personal and family living costs (€27,000 for the applicant plus €7,000 for each dependent family member)
● Be 18 years or over, with no criminal record in Spain nor in the countries where they have resided in the previous 5 years
● Have access to public healthcare, or private health insurance with an insurer authorised to operate in Spain

You can read more about the costs and requirements in our article Understanding the Requirements and Costs for British Nationals to Get Spanish Residency

FAQS About the Non-Lucrative Visa for Spanish Residency for British Nationals

CAN INCOME FROM MY BUSINESS OR SELF-EMPLOYED REMOTE WORK BE USED

No, the non-lucrative residency visa does not allow the holder to carry on any business activity whilst in Spain

CAN SAVINGS BE USED INSTEAD OF INCOME?

Savings may be taken into account in lieu of income, or to ‘top up’ a shortfall in the minimum required amount. Savings must be sufficient to cover the minimum income requirement for the duration of the residency. E.g. for 5 years residency with savings only requires savings of 5 times €27,000.

WHAT ABOUT TAX RESIDENCE?

Non-lucrative residency is intended for people that want to live in Spain for 6 months or more. If the minimum amount of time has not been spent in Spain, the residency renewal may be turned down. The 183 day rule is the starting measure for determining tax residency. You are deemed to be a Spanish tax resident if you spend 183 days or more in Spain during any one calendar year. You would also be deemed to have change your country of habitual residence, and therefore fiscal residence if for example you spent 180 days in Spain, 120 in the UK and the other 65 in another, or other countries.

DOES THE NON-LUCRATIVE VISA OFFER PERMANENT RESIDENCY?

Non-lucrative residency can lead to permanent residency in Spain. To obtain permanent residency the holder of the visa must prove effective residence (more than 183 days per year) throughout a qualifying period of 5 years.

HOW LONG DOES IT TAKE TO GET A NON-LUCRATIVE VISA AND TIE?

The Spanish Consulates in the UK give a timescale of 3 months. Having assisted with multiple non-lucrative visa applications through all the Consulates, we have found they typically take 2 to 3 weeks from date of submission to be approved. If applications have queries raised or additional information requested, then they will of course take longer.

If you need more information or advice about getting a Non-Lucrative Visa for residency in Spain, or would like to employ the services of a professional company that specialises in Spanish residency visas, we’ll be glad to assist. Please get in touch.

Get A Free Spanish Residency Visa Assessment

Phone/WhatsApp (+34) 951 77 55 44 / (+44) 033 000 10 777

TIE Tarjeta de Identidad de Extranjero

11 February 2018

by sd_editor Immigration

The TIE, Tarjeta de Indentidad de Extranjero, or foreigners ID card, is the Spanish identification card for citizens from third countries (non-EU) who reside in Spain.

Once you have arrived in Spain with the relevant visa or otherwise meeting the eligibility for Spanish residency, you can begin the process to apply for Spanish residency to get your ID card, ‘tarjeta de identidad de extranjero‘.

Applying for the TIE ‘Tarjeta de Indentidad de Extranjero’ Foreigners ID Card

The process has three parts. In the first stage an application has to be presented to the Provincial Foreigners Office, along with supporting documentation. The second stage is done at the National Police Station in the area that the applicant lives, and when the card is ready after a few weeks, it is collected from the police station .

The first stage can be done in person or by a representative either at the Foreigners office or online. The second stage has to be done in person, as you have to verify your identity and provide fingerprints. The whole process takes around 3 months.

The initial application can be presented in person or by an authorised representative, and can be done face to face at the Foreigners Office, or submitted online. In most places, you have to call the foreign office to make an appointment to present your application.

The online submission system is works well, and the Foreign Office encourages the use of this system. To submit your application you need to have a digital signature and certificate in place. If you don’t have one, you can authorise someone else or a company to complete the online submission on your behalf. This is done using the ‘Designacion de Represenante‘ form.

First Stage TIE Tarjeta de Indentidad de Extranjero Application & Documentation Required

The wide variances that exists from one town to the next regarding documents for EU residency certificate applications, does not apply to TIE applications, as all applications are processed at the provincial head office not at the Police Station closest to where you live. This makes it a lot easier to assess and prepare applications, and provides a lot more consistency.

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To present the TIE application at the first stage the following is needed:

*Completed application form EX11

Indentification

*Copy of valid passport / travel document and visa
*Proof of address in Spain

Healthcare

*Private medical insurance policy / certificate with proof of the last payment
*Proof of social security payments if employed or self employed

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Income / Proof of Financial Means

The exact documents required for proof of financial means varies depending on circumstances. Any of the following as applicable may be required:

*Contract of employment
*Payslips or pension statements
*Bank statements
*Investment statements
*Contract for rental property

Dependant Applicants

*Birth certificate for child / dependant spouse applicants
*Marriage certificate / record of civil partnership for spouse / partner

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Official translations of documents that are not in Spanish must be provided.

Additional documents to support your application

The Foreign Office when reviewing applications apart from checking that qualification and eligibility, may also request further information validating your arrival and situation in Spain.

When your application is received, a receipt will be issued confirming that it has been presented. It will then be reviewed accordingly at the foreigners office. If for any reason your application is not immediately accepted, 10 working days will be given to supply any additional information that may have been asked for to continue with the application.

Notification of the approval of your application will be sent within 3 months, and you have one month to make an appointment and complete the second stage application at the National Police Station.

Second Stage TIE Application

The second stage application process is relatively straight forward, and appointments are readily available in most areas at the Foreigners Offices and National Police Stations.

For your second stage application you need to have a pre-booked appointment.

You can make an appointment through the following link:

https://sede.administracionespublicas.gob.es/icpplus/index.html

For your appointment you will need:

*EX17 application form
*Your first stage approval notice
*Passport and a copy ( a copy of your passport and the application is acceptable if you are in the process of renewing it)
*Small passport (carnet size) photo 32mmx28mm
*Current proof of address (padron)
*Modelo 790 form with €12 tax paid and stamped by the bank, or with payment receipt attached

When you present your application your fingerprints will be taken, and if everything else is in order, you will be given confirmation of your processed application and told to make an appointment to go back and collect your card in 5 to 6 weeks.

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