Raymundo Larrain gives a sweeping overview of the Spanish visa system. If you are a non-EU national, and plan to move to Spain, this article is for you.
Spain is the second most visited country in the world, with over 84 million tourists every year. It’s a beautiful country to explore or live in. Gorgeous weather, delicious food, affordable prices, great amenities, and ultra-low taxation (in some regions) appeal to foreigners at large. Many of these tourists decide to settle down and buy a property in Spain.
In recent years, Spain introduced two new immigration schemes with significant tax advantages associated with those that qualify: Beckham’s Rule (named after the English football player) and also the Digital Nomad Visa. The former applies only to EU/EEA nationals, whereas the latter applies to non-EUs. The tax advantages offered by both schemes are identical, mirroring each other.
Both of these allow applicants to pay NO tax on any assets or income held abroad. Moreover, on the income derived strictly in Spain, applicants pay only a flat fee, which is a mere fraction of the standard tax rates. These two immigration schemes have been purposely devised to attract foreign overachievers, so they relocate to Spain alone, or with their families. Due to their unique tax advantages, they are proving wildly popular amongst foreign applicants (more details below).
The major novelty this year is that Golden Visas have been phased out after a decade. However, the lucky few that applied on time will still be able to renew them without any issues going forward.
Post-Brexit, UK nationals have a visa waiver of up to 90 days within every rolling 6 months in the Schengen Area (which includes Spain). However, if they wish to stay for a period of time exceeding 90 consecutive days, they must apply for a Spanish visa. This is known as the 90/180-day rule. This article supplies a brief overview of the main visa permits you can attain in Spain.
As a general rule:
- If you are a non-EU national, and wish to stay in Spain for over 90 consecutive days, you need to apply for a visa. Please be advised not all visas have associated the right to work in Spain.
- If you are an EU/E.E.A. national, and wish to stay in Spain for over 90 consecutive days, you need to apply for a Spanish residency permit. This is cheap and fast-tracked (takes a few weeks). We offer this service: Spanish Residency permit for EU nationals (includes TIE card & NIE number)
A Spanish visa allows you to live anywhere in Spain; you will be spoilt for choice: Barcelona, Costa del Sol, Granada, Madrid, Malaga, Mallorca, Seville, and Sotogrande.
At LNA, we can help you attain a visa, or a residency permit, to live in Spain legally in record time at an affordable price. Your case will be handled by one of our immigration lawyers assisted by a visa manager.
General requirements for all Spanish visas
Unlike other countries, you are not required to have a minimum proficiency in Spanish language to apply for a visa. Whilst this is true, I strongly advise to learn the language, at least at a basic level, to better blend in and understand Spanish society. You will find that natives greatly appreciate the effort and will be far more receptive towards you. Spanish is fairly easy to learn, by rapport to other languages, and is the second most important language in the world. It is the official language of 21 countries.
The following five are staple requirements across all visa types:
- Non-EU national
- Hire private health insurance
- Clean criminal record, no trace (previous 5 years)
- Be financially self-supporting (you will not claim benefits)
- Not be living in Spain illegally at the time of making the visa application
Spanish visa overview
Spain offers five visas for non-EU nationals. At LNA, we can assist you applying for all five below.
Some visas suit applicants better than others, some offer unique tax advantages.
1. Digital Nomad Visa (tax-free visa)
After the demise of the Golden Visa, the DNV is next in line to occupy the visa throne as the most coveted in Spain. DNVs extend to family members i.e. spouse and children under the age of 18 years old. It allows applicants to work remotely from Spain i.e. teleworkers.
The main advantage is its privileged taxation. It grants applicants a special tax regime whereby they pay ultra low tax (or in most cases none at all!) as opposed to standard tax rates that apply to Spanish tax residents. This visa is attained by us in under 3 weeks.
Key tax advantages:
- No tax on assets & income abroad. This is of special interest for applicants holding substantial assets and overseas earnings (i.e. HNWIs), which would all go untaxed by Spain.
- Pay a flat tax rate of 24% on the first €600,000 of gross annual earnings in Spain. This translates into tax savings of 50%, or more, on income derived strictly within Spain.
- Not required to file a 720 tax return (unlike Spanish tax residents)
- Not required to file Wealth Tax (unlike Spanish tax residents)
- Automatic tax deferrals on will
Suitable for:
- International teleworkers
- Self-employed (freelancers) who manage their foreign business remotely
- HNWI and UHNWIs
Further reading: Digital Nomad Visa explained (tax-free visa)
2. Marriage Visa – Family Regroupment Visa
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 rather be more appropriate to label it as ‘Family Visa’.
Its scope goes well beyond a married couple. It ought to be understood in broader terms, as in family reunion. As its name implies, couples should be married (including same-sex partners), this is the core requirement. Alternatively, it can also be a civil partnership. This visa allows you the right to work in Spain. This visa has low fees, and it is fast-tracked, taking between one to four weeks.
Suitable for:
- Separated family members that wish to reunite within the EU
- Married couples
- Non-married couples
Further reading: Marriage Visa explained
3. Pensioner’s Visa – Non-Lucrative Visa (NLV)
This is Spain’s Retirement Visa. It allows applicants to live but not work in Spain. Only retirees should apply for it.
The applicant will be expected to be financially 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.
It is the cheapest visa available. It takes 2 to 3 months.
Suitable for:
- Pensioners
Further reading: Pensioner’s Visa explained
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. This requires a proactive hands on attitude. Typically, you will be acting as a director or managing director overseeing a company. 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 €80,000 to €100,000 to open & run a business in Spain. You will also be required to hire employees and enrol them in Spain’s Social Security (the cornerstone of this visa). Visa renewals are contingent on the business making a profit every year. This visa allows you, and your family, the right to work in Spain as self-employed. This visa has associated the highest fees, and also takes the longest (3 to 4 months).
Suitable for:
- Entrepreneurs
- Applicants (families) wishing to set up and run a business in Spain
- Self-employed
Further reading: Lucrative residency permit (Business Visa)
5. Beckham’s Rule
Please note this is not a visa. It applies only to EU/EEA nationals (who do not require a visa).
It is a special tax regime whereby taxpayers pay low tax, or none at all.
EU/EEA nationals who relocate to Spain on the back of a job contract offered by a Spanish employer may apply. It offers identical tax advantages to the Digital Nomad Visa. It has moderate fees and the procedure is expedited. It takes under a month to attain.
Suitable for:
- EU/EEA nationals
- High-ranking expatriate employees
- HNWI and UHNWIs
Further reading: Beckham’s Rule explained
“I speak Spanish to God, Italian to women, French to men, and German to my horse.“– Charles V, Holy Roman Emperor, Archduke of Austria, and King of Spain.
LNA has a 100% track record of attaining Spanish visa & residency permits since 2013. We have assisted over one thousand satisfied visa clients and their families.
At Larrain Nesbitt Abogados (LNA) we have over 21 years’ experience specializing in immigration & residency visas. We also assist clients buying, selling, or renting properties in Spain. You can contact us by e-mail at info@larrainnesbitt.com, by telephone at our UK line (+44) 0754 3838 218, or Spanish line (+34) 952 19 22 88, or by completing our contact form.
Residency services available from LNA:
- Non-Lucrative Visa (Pensioner’s Visa)
- EU-Family Regroupment (Marriage Visa)
- Digital Nomad Visa (Tax-free visa)
- Lucrative Visa (Business Visa)
- Non-Domiciled Tax Regime (Beckham’s Rule)
- Spanish Residency permit for EU nationals
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. Ní neart go cur le chéile. VOV.
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