To apply for your non-profit residence in Spain, count on the best professionals at Abogados DVA.
NON-LUCRATIVE RESIDENCE AUTHORIZATION
The NON-LUCRATIVE RESIDENCE AUTHORIZATION is a legal residence through which any person who has sufficient financial solvency can apply to legally reside in Spain and therefore benefit from the entry, exit and free movement through any of the countries of the EU.
The duration of the initial non-lucrative residence is 1 year from the date of entry into Spain (Art. 49 of Royal Decree 557/2011, of April 20 / Hereafter Immigration Regulations).
The first and second renewal of the non-lucrative residence authorization lasts 2 years. At the time of the third renewal, a long-term residence can be requested, which is for an indefinite period of time, although the foreigner’s identity card showing the type of residence must be renewed every 5 years (Arts.51.7 and 150.1 of the Aliens Regulations).
In our law firm we manage the procedure of the non-lucrative residence from the visa application, in the consular office, as well as the application for the foreign identity card once you have entered Spain. You will also have the advice of our lawyers for any management that you may have to perform in Spain.
We are also responsible for filing any type of RESOURCES both for REPOSITION and at the COURTS OF ADMINITRATIVE CONTENTIOUS PROCEEDINGS – SCJ (SUPREME COURT OF JUSTICE).
ADVANTAGES OF THE NON-LUCRATIVE RESIDENCE PERMIT
1
The applicant does not depend on another person to obtain it.
In order to obtain a non-lucrative residence authorization, the applicant does not have to depend on a businessman who wants to hire him or have a family member who can regroup him. In this case, the foreigner without depending on the initiative of another person can perfectly apply for and obtain a non-lucrative residence permit if he meets the requirements.
2
The possibility of settling in Spain directly together with family members.
Non lucrative residency can be granted simultaneously to both the applicant and their family members if he demonstrates the possession of sufficient financial solvency for all of them (Arts. 46. c) and 4 7.1.b) of the Aliens Regulations).
3
The time spent in Spain with the non-lucrative residence is computed in order to obtain Spanish citizenship by residence.
4
It is not necessary to invest in Spain.
In order to obtain a non-lucrative residence permit, it is not necessary to invest a single euro in Spain; that is to say, the foreigner is required to have sufficient financial solvency, but only for the purpose of demonstrating his maintenance and stay so that it is not considered an economic burden for the Spanish State.
5
It allows to go on studying and carrying out university practices, including those paid ones.
Foreigners who have a non-lucrative residence, despite not being able to work, can perfectly do university practices, even if they are paid, because in accordance with Article 2.3 of Royal Decree 592/2014, of July 11, university practices have a purely formative character and therefore have no labour nature.
REQUIREMENTS TO OBTAIN NON-LUCRATIVE RESIDENCE IN SPAIN
The requirements for the authorization of temporary non-lucrative residence are provided in article 46 of the Aliens Regulations. They are:
1
Not being in Spain with irregular immigration status.
2
Negative criminal record issued in the last three months by the authorities of the country or countries where you have resided in the past 5 years.
3
Not having a prohibition of entry into the territory of Schengen.
4
Evidence of economic means sufficient to support your stay and, depending on the case, to support your family, during the length of stay you are applying for, without working.
5
Medical insurance subscribed with a company legally entitled to operate in Spain.
6
Not being within the term of commitment of no return to Spain that the foreigner has assumed by voluntarily returning to their country of origin.
7
Not suffer any of the diseases that can have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.
8
Having paid the non-lucrative residence fee.
The availability of sufficient resources will be recognized by presenting the documentation that allows verifying the perception of periodic and sufficient income or the possession of wealth that guarantees that perception. Any means of proof in Law will be admitted (including contribution of property titles, certified checks or credit cards, which must be accompanied by a bank certification that accredits the amount available as credit for that card).
PROCEDURE
A
Application for non-lucrative residence at the diplomatic mission or the Spanish consular office. A stamped copy of it will be recorded and returned with indication of the date and place of receipt or the acknowledgment of receipt will be sent to the given address.
B
Decision on the authorization (non-visa) of non-lucrative residence by the Government Delegation or Sub delegation.
C
Decision on the authorization (non-visa) of non-lucrative residence by the Government Delegation or Sub delegation.
D
Visa gathering at the diplomatic mission or Spanish consular office.
E
Entry into Spanish territory.
F
Application and obtaining the Foreigner Identity Card.
ONCE THE VISA IS GRANTED WITH VALIDITY NOT EXCEEDING 3 MONTHS, THEN APLICANT WILL HAVE A MONTH FROM THE ENTRY TO SPAIN TO APPLY FOR THE FOREIGN IDENTITY CARD.
RENEWAL – CONDITIONS
•
Be the holder of a valid non-lucrative residence authorization or be within 90 calendar days after its expiration.
•
Have enough financial resources to support your living expenses, including those of your family, without the need to carry out any work or professional activity.
•
Have a public or private health insurance.
•
Ensure that children of compulsory schooling age attend classes at school during their stay in Spain. (A report will be issued by competent autonomous authorities. In the event that schooling will not be accredited, the requesting foreigner will be expressly informed that if the schooling does not occur, and the corresponding report is not submitted within 30 days, the renewal will be denied).
•
Proof of having paid the fee for processing the procedure.