Martin Real Estate´s Short Guide to Visas in Spain

The MARTIN REAL ESTATE Short form GUIDE TO VISA’S  in SPAIN

We love Spain, a vibrant and culturally rich country is a popular destination for tourists, Holiday homeowners and retirees from around the world. Navigating the visa process can be complex due to the variety of visa types and specific requirements associated with each.  We are not emigration specialists, and this is meant as a guide primarily for UK Residents who post Brexit, sometimes struggle to locate easy reference information on how to secure residency in Spain.  There is some useful information in here also for European nationals, so keep reading!!

Our MRE guide provides some easy reference summary information on the different types of visas available for Spain, eligibility criteria, application procedures, and key considerations for prospective applicants. As usual with all such important matters it is always advisable to secure the services of a competent advisor or lawyer to secure the best support and advise.

1. Tourist Visa (Schengen Visa):

The Schengen Visa allows travellers to visit Spain and other Schengen Area countries for short stays, typically up to 90 days within a 180-day period. This visa is ideal for tourists, business travellers, and individuals visiting family or friends. This visa process does not apply to UK residents who do however need to adhere to the 180 days in a Schengen Area Country (with stays of no longer than 90 days), but there is no form filling or visa applications. Just a separate line at border control, and as a UK resident you need to get your passport stamped at border control.

Schengen Countries have no border control whatsoever with free movement without any border checks.  This is not the case with Ireland which in line with the UK is not a Schengen Country, but for IRELAND passport holders the border control exists but the freedoms enjoyed are the same as for Schengen Area Countries, and there are no 180 days or 90 days restriction. Like other EU citizens, Irish citizens are entitled to live and work in Spain, and become resident if they spend more than 180 days of the year Living and working in Spain.

Visitors from other EU countries, Schengen regions or not, have no time restrictions and can come and go as they please in Spain with no requirement to get your passport stamped at Border Control.

2. Non-Lucrative Visa:

This is an ideal option for anyone with significant resources who wishes to live in Spain coming from outside the EU.  This unfortunately also applies to UK residents post Brexit.

The non-lucrative visa enables you to legally live in Spain and apply for a 1-year residency permit, which you can extend for up to four more years so long as you continue to meet the residency requirements.

After living continuously in Spain for 5 years, on your third renewal you can request a permanent residency permit, which will be valid for 10 years and will grant you access to the Spanish State Healthcare system, travel discounts and other benefits available to Spanish nationals and permanent residents.

Bear in mind that to keep your residency rights, you won’t be able to leave the country for more than 6 months in any 1-year period, or a total of 10 months during the first 5 years of residency. (This rule has been successfully challenged in the Supreme Court (June 2023) so we are expecting a change in the law soon) Once you obtain permanent residency, this period will be increased to 12 consecutive months or a total of 6 years during the 10-year period of your residency card.

There are sweeping changes in this whole area so best to consult with a competent professional to know for sure your obligations and rights.

2. Golden Visa (Investor Visa):

The Golden Visa is aimed at individuals who make a significant investment in Spain. This visa grants residency to those who invest in real estate, business projects, or government bonds. We at Martin Real Estate, can help you with your Real Estate Investments of course!! Just ask for more details and organise your viewing today!

Here are some Investment Options:

1. A minimum investment of €500,000 in Spanish real estate.
2. An investment of at least €1 million in Spanish companies.
3. A deposit of €1 million in a Spanish bank.
4. An investment of €2 million in Spanish government bonds.

In addition, you need to be able to show proof sufficient funds/passive income to support yourself in Spain, without becoming a burden on the public purse.

The Golden Visa allows you to live and work in Spain and can be renewed every two years. After five years, you can apply for permanent residency.  This is a good option for high new worth UK residents who have limited options in terms of moving to Spain after Brexit .

4. Work Visa:

To work in Spain, UK citizens need a work visa, which requires a job offer from a Spanish employer. The employer must obtain authorization from the Spanish Ministry of Labour to hire a non-EU citizen.

The requirements are straight forward.

1. A valid job offer from a Spanish company.
2. Proof of qualifications and experience relevant to the job.
3. A contract of employment.
4. Proof of adequate financial means to support yourself initially.

Once the work visa is granted, it is typically valid for one year and can be renewed.

5. Student Visa:

If you plan to study in Spain for more than 90 days, you will need a student visa.  We going to cover this here as a courtesy, but who knows perhaps you are an intending student who is rich enough to buy an apartment for your Spanish studies? This visa allows you to reside in Spain for the duration of your studies and permits part-time work (up to 20 hours per week).

Here are the requirements:

1. Acceptance letter from a Spanish educational institution.
2. Proof of sufficient financial means to cover tuition and living expenses.
3. Health insurance coverage.

Student visas are valid for the length of your study program and can be extended if you continue your education in Spain.

6. Self-Employment Visa (Autonomo Visa):

For those who wish to establish a business or work as a freelancer in Spain, the Self-Employment Visa is an option.  The Autonomo classification is something unique to Spain and basically covers all self-employed individuals, who must cover their own social security contributions and of course pay tax on their income.  An Autonomo can work for one or more clients and will invoice their services and collect VAT and of course pay personal Income Tax.

Requirements to work as an Autonomo:

1. A detailed business plan or proof of self-employment activities.
2. Proof of financial means to support the business and yourself.
3. Necessary licenses or qualifications for the business.
4. Proof of accommodation in Spain.
5. This visa is initially valid for one year and can be renewed.

Conclusion:

Navigating the visa options for moving to Spain can be complex, but with the right information and preparation and a local advisor, UK citizens can find a pathway that suits their needs. Whether you're planning to retire, work, study, or start a business, Spain offers a variety of visas to accommodate different lifestyles and goals.

It is advisable to consult with immigration experts or legal professionals to ensure a smooth transition and compliance with all legal requirements.

As an aside note, EU residents who are planning to relocate to Spain and secure a residency permit, there are few barriers, except, you need private medical insurance, and sufficient funds to support yourself which is now pegged at approximately €30,000 in the first year.  Bank statements and proof of income will be required.

The rules and conditions do change regularly.  The above is a snapshot of the rules as they apply today,  it is important that you consult with a qualified professional to get the most up to date information and ensure a smooth and legal transition to Spain whichever avenue you choose.