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VISAS

Should I change my non-lucrative visa for another residency permit in Spain?

The non-lucrative visa is granted to non-EU citizens who can prove they have the economic means to support themselves whilst living in Spain. But what if you want to change your non-lucrative visa for a different residency or work permit? What are your options?

Working permit to work in Spain
People queue outside a social security office in Spain in pre-pandemic times. Changing a non-lucrative visa for another residency or work permit is possible. Photo: Jose Jordan/AFP

As the name suggests, the non-lucrative visa is a residency permit which does not allow you to work in Spain, whether that’s for a Spanish employer or as a self-employed worker.

Instead you have to show proof you have “sufficient financial means” to cover all your expenses for there to be no possibility that you’ll be a burden for the state, in the form of money in the bank or other ‘passive’ assets or investments that generate money for you.

In 2022, a single applicant has to prove they have €27,792 ($31,390) for the one year the first non-lucrative visa is valid for.

You apply for this document from outside of Spain and if it is granted to you, you can spend more than 90 days in Spain as a non-EU citizen and get temporary/short-term residency, which can be proven through a TIE card you’ll need to apply for.

READ ALSO: How much money do non-EU nationals need for Spain’s non-lucrative visa?

The next two NLV (as English speakers often call it) renewals last two years, and therefore you have to show you’ll have double that amount on both occasions that you reapply.

As a result, many foreigners may find they cannot ‘afford’ the non-lucrative visa without working.

So are you able to exchange your non-lucrative visa for another residency permit or visa?

Or perhaps you are using the non-lucrative visa for retirement purposes and intend to stay in Spain long term without working. Are you able to change your visa for a permanent residency visa? 

The short answer is yes, it’s possible to change your non-lucrative visa for a work permit or to become self-employed (autónomo) through a process called residence modification.

Exchange your non-lucrative visa for a work permit

During your last few months on the non-lucrative visa, you are able to apply for jobs in Spain in the hopes of changing your visa and being granted a work permit.

In this way, it will be a lot easier for both you and your potential employer, as you will already be a resident in Spain.

In order to modify your permit from a non-lucrative one to a work permit, you will need to meet certain requirements. These are:

  • You must have legally lived in Spain for at least one year.
  • You must not have a criminal record in Spain, be prohibited from entering Spain or have been rejected from anywhere that Spain has geopolitical links with.
  • You must have a pre-employment contract. The pre-employment contract must be signed by both the company and the worker. It’s called a pre-contract because it is conditional on the granting of the work permit.
  • Your working conditions must respect current regulations and the current minimum interprofessional salary must be respected.
  • Your employer must be registered in Spain’s social security system. They must also be up to date with payments with Spain’s Agencia Tributaria tax agency and their social security payments.
  • The company or employer must have sufficient financial means to pay you the agreed salary.
  • You must have a professional qualification or the required amount of training for the profession requested.

Exchange your non-lucrative visa to become self-employed

If you decide that you want to start your own business and become self-employed instead of trying to get a job, then it’s also possible to change your non-Lucrative visa for one that allows you to become autónomo

To be eligible to do this, the first couple of requisites are the same as above – ie. you must have been a resident in Spain for at least one year and you must not have a criminal record or be prohibited from entering Spain.

READ ALSO – Self-employed in Spain: What you should know about being ‘autónomo’

You must also:

  • Meet the requirements that current legislation requires for the opening and operation of the activity you wish to carry out. 
  • Have the required professional qualification or accredited experience, to carry out your professional activity, as well as, where appropriate, membership with accredited bodies.
  • You must be able to prove that the planned investment for your business is sufficient and that where appropriate, will lead to job creation.
  • You should be able to prove that you have sufficient economic resources to live and pay for accommodation, once the fees for the activity, such as social security payments and taxes have been deducted. 

You may also have to present a business plan and get a certificate from the Self-Employed Workers Association in Spain stating that the project is viable.

How to modify your visa?  

You can modify your visa and submit your renewal by filling out the relevant forms – EX03 in the case of changing it for a work permit and EX07 in the case of going self-employed.

Along with these forms, you will have to provide copies of your ID documents, as well as any documents mentioned above such as pre-employment contracts, any certificates of qualifications and proof of finances if planning on setting up your own business.

It’s a good idea to hire a gestor or a lawyer to help you with this to ensure you have filled everything out correctly and have all the corresponding evidence.

READ ALSO: What does a ‘gestor’ do in Spain and why you’ll need one

Can I get permanent residency after my non-lucrative visa? 

If you don’t want to work, but want to carry on benefitting from the non-lucrative visa and living in Spain, you can do so by renewing your NLV for a further two years. 

In order to do this, as mentioned earlier, you will have to show you have enough funds to support yourself and any family members for two years.

That can go from €55,584 for an individual and €13,896 for every other family member. 

READ ALSO: Can I be a non-resident for tax purposes with Spain’s non-lucrative visa?

Once these two years are up, you can apply to renew the two-year non-lucrative visa again, providing that you have sufficient funds. 

After the end of this period, you will already have been in Spain for a total of five years, meaning that you can then apply for long-term or permanent residency, which is valid for ten years.

As it means changing your non-lucrative residency status for a permanent/long-term residency permit, you will not need to prove NLV-related financial means for those ten years or any period of time. You can work and reside legally and indefinitely in Spain (although you can lose it with very long absences or if you have problems with the law).

Spain’s permanent residency can also be renewed or instead you can apply for Spanish nationality after ten years in the country. 

Keep in mind that during those first five years on the non-lucrative visa while you still have short-term/temporary residency, you can only be absent from Spain for a maximum of 10 months over the five-year period if you want to apply for permanent residency.

There’s also the limit of one continuous 6-month period of absence, but that only leaves you with another 4 months to be absent from Spain during the rest of those five years.

READ ALSO: What you need to know about applying for Spain’s non-lucrative visa

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VISAS

Does Spain accept savings for the digital nomad visa if earnings aren’t enough?

One of the main questions applicants for Spain's digital nomad visa have is whether they can provide proof of savings if they don't meet the visa's high income requirements. This is what Spanish authorities told The Local Spain.

Does Spain accept savings for the digital nomad visa if earnings aren't enough?

The Digital Nomad Visa or DNV is often referred to as visado de teletrabajador de carácter internacional on most of the official websites in Spain and became available for the first time at the beginning of 2023. 

There are a long list of requirements you need to meet in order to be eligible for the DNV, including having no more than 20 percent of your income come from Spain and having some type of social security agreement or paying it yourself.

One of the most challenging requirements, however, is the amount of income you need to earn.

The UGE (Unidad de Grandes Empresas y Colectivos Estratégicos), the body that deals with these visas and the one you apply to states that you need to prove you have monthly earnings of at least 200 percent of the minimum interprofessional salary (SMI), or minimum wage.

Currently in 2024, this means that you need to prove you have earnings of €2,646 per month or €31,752 per year

READ ALSO: Is the income requirement for Spain’s digital nomad visa a gross or net figure?

If your partner or children are accompanying you to Spain, you will also need to prove you have extra money in order to support them.

If you’re applying for yourself and your partner, you will need to prove you earn an extra 75 percent of the minimum wage. This currently equates to an extra €1,984.50 per month on top of the €2,646 just for you, so a total of €4,630.50 per month. 

For each additional family member after this, such as children, you will have to prove you have an extra 25 percent of the SMI, which is an extra €661.50 per month.

Many applicants don’t quite meet the threshold and often wonder if the authorities will accept savings in order to make up the shortfall.

This is asked time and time again in many social media groups associated with the DNV.

Can you provide savings for Spain’s digital nomad visa application if earnings aren’t enough?

As with many bureaucratic processes in Spain, the answer is not completely straightforward.

Several members of the Spanish Digital Nomad Visa Facebook group have said that they have successfully been granted the DNV by providing evidence of savings in bank accounts, while many others say that they’ve been rejected because they haven’t earned enough and savings were not able to be taken into account.

One member of the group wrote: “It is an income based visa and therefore savings will only be taken into account if there is a small gap between the requirement and the income. But even then, it is still up to UGE to decide whether they want to accept it or not”.

Another member confirmed this by saying that her lawyer told her that if she has a small shortfall in income, the extra can be made up of savings over £20k.

Someone else added: “I applied without the minimum income requirement covered. I complemented it with savings and got approved”.

READ ALSO: Spain clarifies which digital nomads will get lower tax rates

But others have been told something completely different and been told by their lawyers that savings can’t be used to apply for the DNV at all.

With so many different answers it can be tricky to figure out the truth.

The best option is to contact the UGE itself and find out, which is what we did. 

“The requirement is to prove that the income which will be obtained as remuneration meets the minimum requirements,” the UGE told The Local Spain regarding the €2,646 a month threshold.

“However, if the difference is not much (there is no specific amount but rather it depends on the overall analysis of the application), savings that cover the difference for at least the first two years of the (DNV) authorisation can be assessed”.

Therefore, we can conclude that DNV applicants with monthly earnings that are slightly below the digital nomad visa requirement may be able to successfully provide savings to cover the shortfall, but in the end Spanish authorities decide on a case-by-case basis.

One DNV applicant told other digital nomads on a Facebook forum that the UGE replied to them with: “Any means of evidence admitted by law may be used and an individualised analysis will be carried out”.

Again, it’s likely this will depend on the amount of shortfall you have. We don’t know exactly what the threshold is, so it’s really speculation.

Perhaps if you only need a couple of hundred euros more to meet the income requirement, you may be able to make it up with savings, but if it’s a large amount, it’s likely you’ll get denied.

There’s no one-fits-all answer unfortunately. It’s of course more risky to apply if you don’t meet the income requirement, but if you really can’t make it work, your best bet is to try to submit evidence of your savings along with your application to see if you’ll be accepted.

They may ask for extra evidence later on down the line or you may be successful first time. Of course, there’s every possibility you’ll be rejected too.

READ ALSO: What digital nomads in Spain wish they’d known before applying

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