The Spain non lucrative visa is a visa or residence authorization granted to non-European citizens with sufficient economic capacity not to have to develop economic activity in Spain.
This visa grants a temporary residence that works as follows:
The validity of the initial non-profit residence card, the one obtained the first time one enters Spain, is one year.
After that year, it can be renewed for two more years and after that there is still room for two extra years of renewal.
The renewal must be done 60 days before the date of the last year of validity or 90 days after its expiration.
At the end of this period (5 years in total) a long term residency may be applied for.
However, the lack of information in this regard is what can cause problems for the users of this type of visa. And a failure can mean losing the residency and the obligation to leave Spain to return to their countries of origin.
These are the most common problems that should be focused on:
1- This permit is cancelled when staying outside Spain for more than 6 months within a year. This implies that this residence permit requires, naturally, an effective residence in Spain and not intermittent periods.
2- In this sense, keeping the passport is essential. The loss of this document will prevent the authorities from certifying recent migratory movements that can validate effective residence during the period established by law. This may mean the non-renewal of the visa.
3- Another situation to take into account is that the proof of sufficient economic resources is not only limited to the first application, but extends to the two subsequent renewals. For example, an applicant, without additional family members, must demonstrate 25,816.32 euros or its equivalent in legal foreign currency the first time he/she applies for the visa. Upon renewal, he/she will be required to prove 51,632.64 euros or its equivalent in legal foreign currency. When the expiration date of the last permit approaches, you will be entitled to a long-term residence permit and no further proof of financial means will be required.
4- In the case of having children of school age, they must attend school in Spain in order to be eligible for renewal. For this purpose, the applicant will be asked to provide proof that in case of failure to provide such proof, the non-profit visa in Spain will be denied.
5- Finally, the Immigration Office will check other issues such as the foreigner’s integration effort, criminal record, compliance with tax obligations (payment of taxes, fees, fines, etc.) and Social Security. In case of non-payment of any of these, the permit will be denied.
6- Modification of the type of residence: the resident can, at any time, modify his residence within Spain if he obtains an employment contract. This situation consists, basically, in obtaining a work permit, for at least one year, with a full working day of 40 hours, within any sector or labor activity.
To avoid these circumstances, it is essential to seek advice from specialists in international law who are familiar with all immigration and residency issues. Therefore, if you would like more information or assistance in re-applying for a non-profit residence permit, or any other legal matter, do not hesitate to contact a law firm.
