How to Move to Spain: A Deep Dive on Visa Options with an Immigration Lawyer
Are you wondering what it takes to legally move to Spain? Have you been looking all over Google but are confused by all the visa options? On this episode, I sat down with immigration lawyer David Planes Vilar, to learn about the most common visas for expats, how to apply, and what is required based on a variety of situations.
Whether you want to retire, work, or study in Spain I think you’ll find something valuable in this episode. Enjoy!
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Read the transcript here (edited for readability):
Chris
Hello everyone and welcome to the first episode of the Cheap Property Spain podcast! My name is Chris, I’m the founder of CheapPropertySpain.com and the person behind all those beautiful homes you see on Instagram and in our weekly email newsletter.
I started Cheap Property Spain to make buying a home and moving to Spain more accessible to people around the world. In this podcast, we interview experts such as real estate agents, lawyers, and expats who have already made the move to Spain.
On today’s episode, I sat down with David Vilar of Lexidy law firm. They’re a legal team based in Spain that specializes in immigration, real estate, tax, and just about anything to help you get set up here in Spain. Since David’s focus is immigration law, I took this opportunity to go in detail about the various Visa options that are available to foreigners looking to live in Spain long-term.
We cover a ton of ground in this interview. Things like how to apply for a visa, how long the process takes, what the requirements are, and what the recently announced digital nomad visa will look like. So if you’ve ever been curious about how to move to Spain legally, keep listening. Enjoy.
Chris
Alright, David. Well, welcome. Thank you so much for taking the time to meet with me today and to talk about immigration. I'm really excited to dive in.
David
Thank you, Chris. Thank you for having me. And well, it's a pleasure to be here today.
Chris
Well, before we get too deep in the weeds, would you mind giving everyone just a general overview of yourself, a little bit of background on who you are, and the firm you work for?
David
I’m David, I'm an immigration lawyer at Lexidy. We are a law firm based based in Spain, Portugal, and from a couple of months in Greece. We mainly offer legal services for foreigners, 90-95% of our clients are foreigners who want to relocate to Spain, Portugal or Greece and we basically offer legal services regarding immigration, tax, corporate and real estate.
Personally, me, I'm based in Barcelona, and in the immigration department. My day to day work is helping people who want to relocate to Spain, assisting them to obtain residence permits and everything they need in order to become regular residents in Spain or, once they spent a few years in Spain, to apply for citizenship.
Chris
That's fantastic. Are you from Barcelona originally?
David
Yes, born and raised from Barcelona and just never moved from here. I spent some time in other countries studying and learning English in Ireland for a couple of summers. But yes, born and raised in Barcelona.
Chris
Wow, that's fantastic. It's an amazing city.
I've spent a little bit of time myself researching visa options and, I'm sure anyone who has at least Googled, like “how to get a visa for Spain”, probably very quickly realize it's very complicated, and there are many, many options.
What are the most popular visa options available in Spain?
David
Yes, basically, we have two main visas or residence permits that our clients prefer.
First of all, it's the Golden Visa which is focused for those who want to purchase a house or invest in Spain, and they decide to purchase a house of at least €500,000 euros and they decide to relocate to Spain.
This residence permit is the one that offers more advantages, because it is the only residence permit that allows the applicant to not remain in Spain, at least six months per year.
So, they can be in Spain, only one day during the validity of the residence permit, which is two years, and then they will be able to keep renewing the residence permit.
This is our main service, but also there is another option for people who do not have that budget.
There is also the non lucrative residence permit, which is a residence permit for those who have sufficient economic means, around 28,000 euros in a bank account and a Spanish health insurance policy. With this, they are able to come to Spain basically for leisure purposes.
There is also the highly qualified professionals permit, which is a resident and work permit for those who have university qualifications and are hired by Spanish companies. But yes, I would say that these are the three main services that we offer and that we offer the most.
Chris
Okay, great. So the second option, the non lucrative visa, would that be the most common approach for someone who's looking to retire in Spain?
David
Indeed, indeed, that's the main purpose of this residence permit this residence permit the non-lucrative visa was established basically for retired people, people who want to retire to Spain, people who have reached the retirement age and want to spend the last years of their life in Spain.
However, since this is a resident permit, very abstract, very vague. This residence permit is also applied for by those who may be, for example, I have a client who is a health insurance broker and he just lives for the commission's that he has and and they just come here to retire to be in Spain living on their passive income. But yes, basically, this is a residence permit focused for retired people.
Chris
and to obtain that permit do people typically apply for it in their home country?
David
Yes, well, the main requirement to apply for the residence permit is applying from the country of origin or legal precedent, usually the same, but yes, this is this is the main requirement. There are some residence permits that allow you to apply from Spain directly from Spain, but the non lucrative residence permit is a residence permit that needs to be applied for from the Spanish consulate or embassy at the home country of the applicant. This cannot be applied from Spain.
Chris
Okay, so then you and your team help people from let's say, America apply for this permit in their local consulate?
David
Exactly. Despite the law establishes some legal requirements or objective requirements, it's considered that each embassy has its own interpretation of the requirements [for the permit].
So each country and each embassy in every country in the world had its own interpretation of this law, these documents and the requirement to fulfill in order to be able to apply for any kind of visa.
So first of all, we get in contact with these consulates and these embassies and we inquire about which documents and which requirements they demand for the applicant to apply for any visa, then based on what we know, we inform our clients to which document they will need.
And then from there we start reviewing, we start gathering all the documents and start translating some documents.
And then step by step we are gathering all the documents and once we have everything, the applicant can attend the Spanish consulate or embassy to apply for the visa.
Chris
Okay, great. Does the applicant need to know where they're going to live? Like do they already have to have an apartment figured out in Spain before they apply for the visa?
David
It depends on the consulate. In some countries for example, in the United States, in Miami, Houston and Chicago, they ask you to at least say where are you going to reside; in Barcelona, Madrid, Malaga.
They ask you some, for example, Chicago and Houston, they ask you to provide with a one year lease agreement before relocating to Spain. And there are some other consulates such as Los Angeles, San Francisco, New York that do not care about where you are going to reside. So as mentioned, each consulate has its own interpretation, and their own demands.
Chris
Yeah, of course. So it's…complicated.
David
Yes, it's very complicated. And at some consulates, It's more complicated than in others.
Chris
Of course, man, all the red tape, it's wonderful, but it's worth it once you get through it all.
Is there a visa option in Spain that allows people to work remotely and live in Spain? (ie. Digital Nomad Visa)
David
Not yet, there is a law which is pending to be approved by the government and we assume that it will be approved in the next three to six months. Which will be called the digital nomad visa or residence permit visa, which will be able to be applied either from the country of origin from their home country and from Spain as a tourist during the 90 days they can be in Spain as tourists and they will allow the applicant to work remotely from Spain and the only thing that they will need to show is work contract and a letter from the employer saying that according to their job performance, they are allowed to work remotely.
There are also people who are self employed professionals and they just need a laptop or a computer to work and it doesn't matter if they are working from, for example, the United States or from Spain, they will need to show some documentation. We still do not know which kind of documentation because it is not yet approved, but if they are able to show that according to their job performance, they can work remotely, then they will be able to apply for this visa.
For now, the only thing we can do is try to apply for a non lucrative visa however, some consulates and when they see that the applicant receives regular income coming from a job position or an economic activity, some of them are quite reluctant and sometimes we have problems.
So, for now, we are in this impasse situation and it is a bit uncertain, but in the next few months, probably, we will be able to apply for digital nomads business and people who want to work remotely from Spain will be able to do it.
Actually, we are one of the only countries in the EU that still does not have the digital nomad visa and we need this urgently because we have a lot of people who are demanding this service and we cannot guarantee success. For now, we can only try the non lucrative visa but we cannot guarantee the success. But in the next month we will be able to do it, hopefully.
Chris
Okay, so good news! It's getting there. Within six months or so there, there might be a nice option for digital nomads. I know a lot of people who are now fully remote and you know, they're making great money and they would rather not continue to live in the same town they’ve lived in for years. They want to try Spain for a couple years and live on the beach while working online.
David
Yes, fingers crossed.
Chris
Is there a visa available for people who want to purchase or start a business in Spain such as a café or bed & breakfast?
David
For business owners, directors, and people who want to set up a new project and company in Spain there are two possibilities:
There is the regular option and there is the privileged option;
The regular option is the business activity residence permit and is a residence permit for those who own a company in Spain and want to come to Spain and direct that company. This is a residence permit that needs to be applied from the home country. Basically they will need to say that they own at least 25% of a company, it can be a pre existing company which has been working for a few years or it can be brand new.
In order to apply for these residents permit, the business activity one, they will need to show a business plan, a document stating the financial plan, a marketing plan, the expected performance, and how many people will they be employing if any. It is not required that they will be employing people but they will need to state how they will set up this company and how this company will operate.
There is also the entrepreneurship visa. This is a privileged option which can be applied from Spain and without the need to set up the company before applying. They can just say they have a project which needs to be considered very interesting for the Spanish market because of the people that they plan to employ or the activity. This company, or this project, needs to make a difference in Spain. It cannot be an ordinary restaurant. For example it needs to be a tech company, Scientific Research Center, something that will have a large impact.
This is a residence permit that allows the applicant to apply from Spain without having the company set up yet. They can say “I want to create this company and manage it in Spain but first I need your green light”.
This is a residence permit that offers a lot of advantages. For example, with the Business Activity Permit, the first one, let's say the applicant comes with a family, the family will not receive a work visa. The family will only receive a non lucrative visa. The main applicant will be the only one allowed to work in Spain. On the other hand, the entrepreneurship visa will allow the applicant and all the accompanying family members to work in Spain.
Chris
Yeah, that makes sense. Okay, so there is an option available, but it sounds like you have to really have a lot of your ducks in a row before applying and really make sure that you know, this cafe and Tenerife for 40,000 euros is the actual business you want to pursue. Very interesting.
So, another question I often get is; if a foreign person and buys a house in Spain, how long can they stay in the country?
David
It depends on the residence permit they have.
If they have purchased a house with a minimum value of €500,000 Okay and this €500,000 have been transferred at the moment of the purchase, meaning they do not have any mortgage on the house, they can apply for the Golden Visa. As mentioned, the golden visa only requires you to be in Spain for one during the validity of the residence permit, which is two years.
On the other hand, if they purchase a house, which does not have that value, they might need to apply for another residence permit, for example, the non lucrative visa. However, this residence permit requires the applicant to be in Spain and to live in Spain, at least six months per year.
Chris
And then does that make their tax base in Spain as well?
David
Exactly, if a person stays in Spain, more than 183 days, they will become a tax resident in Spain. However, in order to renew the residence permit, the immigration precedents permit, they need to be in Spain 180 days. So if they are able to be in Spain, 180 days, they will be able to renew the residence permit without becoming tax residents. Okay, then if they stay in Spain, more than 183 days they become tax residents and they will be able to renew the residence permit as well.
Chris
Is someone able to come to Spain on a tourist visa and purchase a property as a holiday home?
David
Yes, definitely. They can apply for a Golden Visa if they are able to fulfill the purchase process and immigration process in three months. They can come to Spain, purchase a property, apply for the Golden Visa, and then just come back and forth from their home country as they wish.
Chris
What if What if the property doesn't meet the golden visa requirements? Like let's say it's only a 100,000 or 200,000 euro property.
David
Then in that case, they will need to stick to the 90 days rule or they will be able to stay in Spain 90 days out of 180.
Chris
Right. So basically, you can stay here for three months in every six month period. So it's available, but much better if you can stay here longer. Of course, you probably want to use your house more than three months a year.
David
We are having this matter with a lot of British people who used to have a house in Spain. A lot of British people have had the house in the Valencia or Malaga areas and they used to come here six, seven months per year without the need of residence permit but now with Brexit they need to apply for the non-lucrative visa. They face the situation where they want to be in Spain more than 90 days but not six months. They want to be in Spain for example, from May to October. This is more than 90 days but less than six months. We have a lot of clients lately that contact us asking, “how can I be in Spain More than 90 days in a row, but less than six months?”.
The only option for now is the Golden Visa. Well, or reapplying for a non lucrative residence permit every year, to be able to stay in Spain more than 90 days in a row. Because after one year, they may face a situation where they are not able to renew the residence permit because they have not stayed more than 180 days.
Chris
I see. So, sometimes the only solution is to buy a bigger house…
David
Yes, or re-apply for a non-lucrative visa every year. It's the best scenario for now.
Chris
I'm sure those particular British people didn't vote for Brexit, then.
That's actually a great segue to my next question, because I wanted to ask you,
Are there any special situations for people from specific countries that might make it easier to apply for a visa or citizenship?
David
Let's say that in order to apply for a residence permit, there are two groups; EU and non EU citizens.
EU citizens can come to Spain and they will just need to show €7000 euros in a bank account, or an employment contract.
Non EU citizens will need to show, in order to apply for the non lucrative residence permit, €28,000 euros or the Golden Visa, or be highly qualified.
So EU citizens have the possibility to apply for a residence permit much more easily than non-EU citizens.
For the citizenship there are two kinds of countries:
In order to become a Spanish citizen, you need to have a residence permit for at least 10 years, then you will be able to apply for the Spanish citizenship after having passed a couple of exams, basically on language and culture. But as a general rule, they need to be in Spain for 10 years.
However, citizens coming from former Spanish colonies, basically, Puerto Rico, Central America, most of South America and the Philippines, can apply for citizenship after two years.
Chris
Wow, that’s great.
David
Yes, yes. Also, those who were born in Spain can apply for citizenship after one year, and those who are married to Spanish citizens can apply after one year.
Chris
So there's some quick paths if you hold citizenship from former Spanish colonies. Yeah, I was talking to some people who are from the Philippines. And within a couple years they plan to apply for citizenship. So that's great.
Does Spain offer a path to citizenship by descent? (jus sanguinis) Similar to Italy’s citizenship by descent program.
David
Yes, we do. But it's not like in Italy. In Spain, we have two options. In this case, let's say that those who are the grandchildren of Spanish citizens can apply for citizenship after having resided in Spain one year. Then those who want to apply for citizenship straightforwardly without having to relocate to Spain first, can do so if their parents (the father or mother) were born in Spain. These are the only options for citizenship by descent in Spain.
Chris
Okay, so you must have much closer ties to more recent relatives in Spain. Makes sense.
Yeah, the Italian one goes back to the great grandparents as far as I know. It's quite a different process.
David
Yes, we have a lot of Argentinian, Uruguayan clients who have Italian Italian passports. They do not know Italian but they have Italian passports.
Chris
Whatever it takes.
What are the options like for a student visa?
David
Student Visa is one of the few residence permits that can be applied for from Spain.
Of course, you can always apply for a student visa from your home country at the Spanish consulate or embassy, as with the rest of the residence permits.
The student visa offers the option to be applied for from Spain if you plan ahead before entering. This is a very, very specific warning.You must apply before entering into your last 60 days of your legal stay. So, if you come to Spain as a tourist and you decide to remain in Spain, under a student visa, you will need to apply for your student visa within the first 30 days that you can be in Spain as a tourist.
Chris
Basically, as soon as you get to Spain, you have to apply.
David
You need to come to Spain, having in mind that you will be applying for a student visa and bring in all the documents that you need. You will probably need to bring some documents from your home country. So if you plan to do it, you need to move quickly. Also the student visa is not a residence permit, it is a state permit. So this is a thing that not a lot of people know. The student visa is not considered a residence permit.
In Spain, we have two classifications on your status; you can stay in Spain or you can reside in Spain, you stay in Spain, for example, if you're a tourist. If you are studying in Spain you have a student visa, but you are not residing.
This means that if you come to Spain,for example, under a non-lucrative visa, after one year, we will be able to switch into a work permit. If you find someone willing to hire you, you can switch your residence permit. And when it comes to the time to renew the non-lucrative you can turn it into a work permit. However, with the student visa, since this is not a residence permit, but a state permit, you cannot switch.
Chris
Are you able to work on a student visa at all? For example with an internship?
David
You can do an internship if that is in the program of your studies. For example, if one of the subjects is an internship, you can do it. If not, you can properly work but you will need to apply for foreign authorization at the immigration office saying that you want to work. This work position can be up to 20 working days per month at 20 working hours per week. You will need to demonstrate that this job is related to your studies and will not interfere with your studies.
So if you are studying from nine to five, you're going to find work, which allows you for example from six to eight or six to nine, it cannot interfere and you need to ask for an additional authorization. So it's not that easy.
Chris
Yeah, of course that makes sense. So you can work but it's slightly discouraged.
So with any of these visas, how much time should people estimate when they're planning to apply for a visa? Roughly how long does it take before you submit the application and then actually obtain the authorization to live in Spain.
David
As always in the legal sector, It depends. So, for example, for the golden visa and entrepreneurship visa, these permits follow a privileged route. The resolution needs to be issued by the Spanish administration after 20 working days if you apply from Spain or after 10 working days, if you apply from the consulate.
If the Spanish administration does not respond or does not issue a resolution within these days, your application is considered as granted. So we punish the inactivity of the administration in this privileged route.
On the other hand for the non privileged route, the Spanish administration usually has three months to resolve. If they don't do it, your application is considered denied. However, according to the law, it is mandatory for the Spanish administration to always issue a resolution, it can come after six months or after. To simplify, 20 working days for the golden visa and 3 months for the non-lucrative.
Want to learn more about how to obtain residency in Spain?
Visit Lexidy.com or email David at David.Planes@lexidy.com