Immigration Archives - Lifestyle Services UK 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.

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.

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.

Read more about getting a residency card for a non-EU family member of an EU citizen in Spain.

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.

If you’re not a Spanish citizen and want to live in Spain, you have to obtain Spanish residency.  The process that you have to follow to get Spanish residency depends on your nationality, whether you are from an EU country, and if not, what you plan to do whilst you are a Spanish resident.

Nationals of member states of the European Union and Switzerland, as well as other countries party to the agreement on the European Economic Area, have an unconditional right to reside in Spain.  Nationals of countries aside from these, are able to gain residency based on achieving other qualifying conditions.

For someone planning to live long term in Spain, temporary Spanish residency is the first step towards getting permanent resident status, which can be applied for after 5 years. Thereafter if someone so wishes, they can apply for Spanish citizenship after completing 10 years of permanent residency in Spain.

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. first obtain a visa.

The minimum income required for a British Citizen / UK national to obtain a residency visa, is a lot higher than it was to get residency before Brexit.  In most cases a single applicant needs to have at least €28k per year, whereas previously less than €7k income would have been sufficient.

You also have to obtain a police criminal check report, and medical certificates are also required for most visa applications.

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 any 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, (maximum of 10 months out of Spain), 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.  From our experience over the last 2 years, we have found they typically take 3 to 6 weeks from date of submission to be approved.  However take twice as long over the summer months, and if applications have queries raised or additional information requested, then they will also 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

To get an appointment to submit a Non-Lucrative Visa application at the Spanish Consulate in London, you must first send a request by email.

Attached to your request you must provide a sworn translation to Spanish of your Police Certificate (ACRO report).

Need help getting sworn translations?   Click here

Requesting an appointment to apply for Non-Lucrative Visa at the Spanish Consulate in London

The United Kingdom left the European Union on 31 January 2020.  The transition period that to negotiate future arrangements between EU and the UK ends on 31st December 2020, with a deal finally agreed at the last minute.

As of the end of the transition period, privileges enjoyed under EU freedom of movement come to an end.  British UK Nationals and their non-EU family members will be subject to all Spanish immigration rules for third-country (non-EU) nationals.

However, UK nationals and their family members who took up residency in Spain and other EU Member State before the end of the transition period in accordance with EU free movement law, will maintain their free movements rights after 31st December 2020.

As British Nationals will no longer be exempt from travel restrictions, new regulation will come into force on 1st January including the requirement to obtain Visa’s and possible travel bans.

The website for the Spanish Consulate in London notes:

Nationals of non-EU countries require a visa to enter Spain, if the stay is intended to be more than 90 days.  The Schengen visa in most cases cannot be used to apply for residency in Spain.

There is an exception when an immediate family member is joining a family member who already lives in Spain and holds Spanish residency.   In all other circumstances a citizen of a non-EU country must apply for, and obtain a long stay visa through the Spanish Embassy in their home country.

Since UK has now left the EU, UK citizens / British nationals also have to apply for a visa if they want to live or work in Spain.

Once the visa has been issued, the applicant can travel to Spain and apply for residency and get their TIE, ‘tarjeta de identidad de extranjero‘.

The following is a summary of the main types of long stay visas that citizens of non-EU countries can apply for.

Non-lucrative residence visa

The non lucrative residence visa is for those who have means to support themselves without working whilst residing in Spain.