Spanish residency
These are the main options when applying in Spain for Spanish residency. 1- Non-Lucrative Residency 2- European Family Member Residency 3- Golden Visa 4- Nomad Visa 5- Lucrative Residency 6- Residence for citizens in irregular situation (arraigo social/social rooting) 7- Special cases
Spanish residency
Non-Lucrative Residency If you are interested in applying for a non-lucrative residency, the following legal requirements must be met: -
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To have sufficient financial resources to support oneself in Spain (the applicable minimum amounts for 2023 are 2.400 euros per month for the main applicant, plus 600 euros per month for each family member). All incomes must be passive incomes. Please note that with a non-lucrative residency it is possible to live in Spain, but you are not allowed to work (neither in Spain nor abroad).
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Clean criminal record.
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Not to be in an irregular legal situation in Spain.
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Health insurance issued in Spain with full coverage.
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Medical certificate showing that the applicant does not suffer from any physical or mental illness that would pose a threat to public health.
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Proof of availability of a living place (title deed or rental agreement as example)
This residency is granted for a year and if you wish to renew it, it will be necessary to prove that you have been living in Spain for at least half of the time of the period for which the residency has been granted. Please note that this residency must be applied for at the Spanish Consulate in the country of residency of the applicant.
Spanish residency
European Family Member Residency In order to apply for a European family member residency, the following requirements apply: -
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To be the spouse, civil partner, parent or child of a European citizen or to be a dependant family member of the European citizen which in this latter case should be a resident in Spain. Health insurance issued in Spain with full coverage. To have in a current account at least 6.000 euros (the applicable amount for 2023). Certificate from the Town Hall which states that the applicant is registered in the same address as the EU citizen. Proof of the family relationship. This residency is granted for 5 years.
Please note that this residence is applied from Spain. If successful, the applicant has the same rights and obligations as a European citizen. Under this kind of residency, it is possible to work in Spain and to enter and exit the country freely.
Spanish residency
Golden Visa The “Golden Visa” is a permit to reside in Spain which also grants the right to work and study in Spain. If you apply for the Spanish residency from Spain, you obtain Spanish residency for 3 years, which is renewable for 5-year periods. If you apply for the Spanish Visa in the country of residence, you obtain a visa that allows the holder to enter, exit and stay in Spain, granted for a period of 1 year. After that you have the possibility of applying for a Spanish residency for 3 years, which will be renewable for 5-year periods. In both cases, there are specific cases in which you could qualify for long-term residency or Spanish nationality. The basic requirements for the Golden Visa are: -
To buy a real estate asset for at least 500,000 euros with own funds. The investor could buy one or more properties as long as the total price is 500,000 euros or more, free of charges and
encumbrances. Please note that the associated costs and taxes are not included as part of the investment. -
To invest 2 million euros or more in Spanish government bonds.
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To acquire shares of Spanish companies, or bank deposits in Spanish financial entities, for an amount equal to or greater than 1 million euros.
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To invest, to a value of at least 1 million euros, in an investment fund, investment funds of closed nature or venture capital funds incorporated in Spain.
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To develop a business project in Spain which is considered as being of general interest to society, fulfilling one of the following requirements: ▪
Create work positions;
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Have a positive socio-economic impact;
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Contribute to scientific and/or technology innovation
Spanish residency
Golden Visa
In addition, it is necessary: -
To have no criminal records
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To be in Spain legally (not in an irregular legal situation).
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Health insurance issued in Spain with full coverage.
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To have sufficient financial resources to support yourself in Spain during the period of which the residence is granted (the applicable amounts for 2023 are 28.800 euros per year plus 7.200 euros per year for each family member).
In addition, the investor can bring his or her spouse or civil partner and children under the age of 18, as well as children over 18 years of age and parents, as long as they are financially dependent on the visa holder and have not constituted a family unit.
Please note that it is necessary to plan the investment according to the matrimonial financial regime of the spouses (joint or separate ownership of assets etc.).
Spanish residency
Nomad Visa (International teleworkers) It is a residence permit for foreign people who telecommute (work from home) for companies located outside of Spain, through the exclusive use of computer, telematic means and systems. Freelancers will also be allowed to work for a Spanish company as long as the percentage of said work does not exceed 20% of the total of their professional activity. The residence permit will be valid for a maximum of three years unless it is requested for a shorter period of work. The holders of this authorization may request its renewal for periods of two years as long as the conditions that generated the right are maintained. Tax benefits The holder of this residence permit will be entitled to request application of the Non-Residents Income Tax, despite the fact that he or she stays more than 183 days a year (under the general regime, if a person stays more than 183 days, that
person shall be considered a tax resident and therefore shall pay income tax as a resident). The Non Resdent tax regime offers a fixed applicable rate of 24% up to 600,000 euros, which is much lower than the progressive rate that may be applicable in the general regime of fiscal resident that can reach more than 50%. This special tax regime can be enjoyed for 5 years and it requires that the applicant has not been resident in Spain within the past 5 years. Requirements: -
Clean criminal records.
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To be in Spain legally (not in an irregular legal situation).
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The existence of a real and continued activity of the company for at least one year, of the company or group of companies with which the worker holds the professional relationship.
Spanish residency
Nomad Visa (International teleworkers)
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The existence of a professional (work) relationship between the applicant and the foreign company of at least three months.
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A letter issued by the foreign company authorizing to carry out the work remotely from Spain, as well as a description of the work profile, salary agreed, terms and other conditions in which the activity will be carried out by the applicant.
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Copy of the degree or qualification related to the position, or proof of minimum work experience of similar functions to the work that will be carried out remotely which substitutes said degree or qualification.
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Proof of coverage with the Public Health Insurance (cases where there is an agreement with the country of residence and Spain), with the Spanish Social Security, or a private health insurance with full coverage in Spain.
There are specific cases in which the applicant could qualify for long-term residency or Spanish nationality. In addition, the investor can bring his or her spouse or civil partner and children under the age of 18, as well as children over 18 years of age and parents, as long as they are financially dependent on the holder and have not constituted a family unit.
Spanish residency
Lucrative Residency This involves meeting the legal requirements in relation to the creation and operation of a business activity, having necessary professional qualifications and enough professional experience in relation to the business activity, having the resources required for developing and undertaking the business activity, obtaining authorisations and licenses required for developing and undertaking the business activity, and submitting a business plan. All that documentation and information must be submitted to the Spanish authorities, who should approve the business in Spain.
To have an employment contract in relation to a job included in the ‘catalogo de ocupaciones de dificil cobertura’, which is an official list of occupations for which there is insufficient supply of suitable workers. This kind of residency shall be applied for by the employer and approved by the Spanish Authorities.
Residence for citizens in an irregular situation in Spain It is a permit for foreign citizens who find themselves in an irregular situation in Spain (legally speaking) and who have been living for more than 3 years uninterrupted (maximum absences not exceeding 120 days) and are integrated in the society.
As regards to the employment contract: -
The requirement of a minimum duration of one year is abolished.
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Any contractual modality is valid, including permanent or discontinuous contracts, temporary contracts as long as they receive at least 14,000 euros gross per year.
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A) In the case of an application based on employment contract and ties with family members resident in Spain:
Since the last modification of the applicable legislation, one or several contracts with different employers, allowing them to be of different occupation.
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The employment contract has to guarantee at least the minimum inter-professional salary or the salary established in the Agreement of the applicable work activity group -where applicable- (14,000 euros per year).
The contract must be of a minimum duration of 30 hours per week.
Regarding the ties with citizens residing in Spain, these must be one of the following: spouse; registered common-law partner; ascendants in the first degree; first degree descendants.
That they have an employment contract or contracts that are subject to obtaining the residence permit, as well as have family ties in Spain or be socially integrated. The applicant has to show no criminal records.
Residence for citizens in an irregular situation in Spain
B) In the case of application based on an employment contract and integration report: The applicant has to request from the Town Hall a rooting report that certifies their social integration. With regard to the social integration report: -
It must be issued and notified to the interested party within a maximum period of thirty days since the request has been submitted.
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It will record, among other rooting factors, the duration of the stay in his/her habitual residence, in which he/she must be registered, the economic sources of the applicant, the ties with family members residing in Spain, and the efforts of integration.
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The body that issues the report may recommend that the foreigner be exempted of the need to have an employment contract, as long as it proves that they have sufficient economic means that represent, at least, 100% of the amount of the guaranteed income of the annual Minimum Subsistence Income (6,784.44 euros per year for the year 2023)
The concession only authorizes the residency unless the applicant has a work contract, in this case it authorizes to work as well. The authorization granted will be valid for one year and at the end it will be possible to request residence authorization or a residence and work authorization that will be granted for 4 years, or extension thereof for a period equal to that initially granted (1 year). The reform has eliminated the requirement of proving sufficient economic resources of the employer to guarantee the economical obligations arising from the employment contract, therefore this residence is not conditional on obtaining a minimum income by the employee.
Spanish residency
Special cases for students, research etc. There are other specific situations which shall be studied on a case-by-case basis.
Headquarters of Martínez-Echeverría in Spain
MADRID Calle del Príncipe de Vergara, 38, 6ª Planta. 28001 Madrid MÁLAGA Calle Bolsa, 1, 1ª Planta. 29005 Málaga SEVILLA Av. de la República Argentina, 11, 8º Izquierda, 41011 Sevilla CÓRDOBA Avenida Ronda de los Tejares, 32, Acceso 1, planta 2, oficina 123, 14001 Córdoba GRANADA Plaza Isabel la Católica 7, planta 2º 18009 Granada ALMERÍA Calle Maestro Serrano, 9, Planta 2, Oficina 1, 04001 Almería MARBELLA - PUERTO BANÚS Bloque D, Centro de Negocios Puerta de Banús, Carretera Nacional 340, Km. 175, 29660 Nueva Andalucía, Marbella, Málaga
Offices
MARBELLA - ELVIRIA Calle Mar de la Tranquilidad sn, Centro Comercial Platino, local 4, 29604, Elvira, Marbella
FUENGIROLA Edificio S208, Av. Carmen Sáenz de Tejada, s/n, 29651 Mijas Costa, Málaga BENALMÁDENA Plaza de la Goleta s/n -Centro Comercial Puerto Marina Shopping Local L1Bm, Planta Primera 29630 Benalmádena Costa, Málaga ESTEPONA C/Adolfo Suárez de Figueroa 13, 1ª planta, 29680 Estepona, Málaga MANILVA Calle Antonio Gala, 1, Pje Edificio María Teresa, Bloque 2, Local 1, 29692 San Luis de Sabinillas, Málaga SOTOGRANDE Paseo de Levante, Edif. B, Portal 8, Apto 2-16, 11310 Sotogrande, Cádiz
www.martinezechevarria.com info@martinezechevarria.com