SHARE
COPY LINK
For members

VISAS

Non-lucrative vs digital nomad visa: Which one should you choose to move to Spain?

Spain's non-lucrative visa used to be one of the easiest ways for non-EU citizens to move to the country, but now with the introduction of the digital nomad visa, there are more options. So, which is best and which one should you choose?

Non-lucrative vs digital nomad visa: Which one should you choose to move to Spain?
Digital nomad visa or NLV - which to move to Spain? Photo: aus_franken / Pixabay

2023 saw the launch of Spain’s much-anticipated digital nomad visa – the visado para teletrabajadores de carácter internacional – which means that non-EU residents now have more options for being able to move to Spain.

The Non-Lucrative Visa or NLV used to be one of the most popular options, but it has its drawbacks for some people and wasn’t always the best option. So now that the digital nomad visa is available – which one should you choose?

If you want to work: digital nomad visa
The main difference between the non-lucrative visa and the digital nomad visa (which we will shorten to DNV) is that you are not actually allowed to work in Spain on the NLV. Although many people in the past have done so, technically it’s not allowed, even if you are working for an employer abroad, because you have physically working in Spain. The DNV on the other hand is specifically designed for those who want to work in Spain, providing they do not get more than 20 percent of their income from Spanish companies.

READ ALSO: Your questions answered about Spain’s digital nomad visa

You don’t know if you can prove you have enough funds: You need to prove a lot for both
Both the NLV and the DNV require that you can prove you have a substantial amount of income or savings. However, you need to prove you have slightly more money for the digital nomad visa. For the NLV it will have to be based on passive income, but for the nomad visa it can be based on income from work. For the NLV, you need to prove you have 400 times the IPREM which for 2023 is €2,400 per month. For the DNV, this is equal to 200 percent of the SMI or Minimum Interprofessional Salary which for 2023 is €2,520 per month. This means that you have to prove just slightly more for the nomad visa – €120 per month to be exact.

You want to know where you’ll be paying your taxes: both 
Both visas will give you Spanish residency and if you intend to spend more than 183 days in the country, you will officially be considered a tax resident in Spain too. You will be taxed on your worldwide income, so any income that you earn either passively on the NLV or from employers or clients outside of Spain on the DNV. Those on the digital nomad visa will also be charged taxes either on their freelance or remote income. 

READ ALSO – REVEALED: Everything you need to know about applying for Spain’s digital nomad visa

You want to bring your family members: both, but it’s more expensive on the DNV 
Both visas allow you to include family members on your application, such as spouses and dependent children, provided you can prove that you have the extra funds to support them. For the NLV, you have to prove that you have an extra 100 percent of the IPREM for each family member, which for 2023 is €600 per month. For the nomad visa, you have to prove you have an extra 75 percent of the SMI or minimum wage. This currently equates to an extra €945 per month. For each additional family member after this, such as a child, you will have to prove you have an extra 25 percent of the SMI, which is €315.

You want to exchange your visa for another one: NLV
The good news is that after one year of living in Spain on an NLV, it will be easier for you to apply for a different visa – one that will enable you to work. It will be possible for you to get a work permit or to become self-employed (autónomo) through a process called residence modification. It is unclear yet whether you would be allowed to do this on the digital nomad visa as it’s just been released. Nevertheless, most likely you wouldn’t want to because you have tax advantages for four years if you are on the digital nomad visa, and being self-employed will invariably work out to be more expensive. 

READ ALSO: What are the pros and cons of Spain’s non-lucrative visa?

You want to get Spanish citizenship: both 
Both the NLV and the DNV can eventually lead to Spanish citizenship if you want. They both initially give you residency for one year but can be renewed. You can renew the digital nomad visa for up to five years, after which you can apply for permanent residency. You can also renew your NLV for a further two years (and another two after that), providing you have the funds to do so, because you need to prove you have twice the amount for the two years. This will also mean you’re eligible for permanent residency.

You want to enjoy free movement within the Schengen Zone: both
One of the big perks of both visas is that once you have residency in Spain, you have free movement throughout the Schengen Zone. You won’t have residency in those countries though, so you couldn’t for example come on the Spanish digital nomad visa and then move to France, but you can travel and go for short breaks.

Member comments

  1. This article is inaccurate. You can apply for the DNV if you’ve been a resident of Spain in the last five years; you just won’t qualify for Beckham Law.

    Also, only employees who come to Spain on the DNV can qualify for Beckham Law. Freelancers/contractors do not qualify.

Log in here to leave a comment.
Become a Member to leave a comment.
For members

RENTING

Do I have to pay the estate agent a commission if I rent in Spain?

Who has to pay the real estate agent commission (usually equivalent to one month's rent) in Spain: the landlord or the new tenant? And are there exceptions to the rules or underhand tricks agents use to get tenants to cough up more money?

Do I have to pay the estate agent a commission if I rent in Spain?

Up until 2023, the general rule in Spain was that both the landlord and the tenant would both have to pay estate agency fees when a rental contract was processed through them, although in some cases it was just the arrendatario (tenant) rather than the arrendador (landlord) who had to foot most of this commission.

Tenants often had the sense they weren’t getting much in return out of it, as it was common to find apartments hadn’t been cleaned, filled with broken furniture and other appliances that weren’t working.

On top of a commission to the agency equal to one month of rent, tenants had to pay one to two month’s deposit and a month’s rent, meaning they had to pay a total of three to four months’ worth of fees upfront, which would rack up to a lot of money. 

READ ALSO: The cities in Spain where people fight most over a place to rent 

Thankfully, Spain’s housing law, brought into force in May 2023, put an end to this and now it’s solely down to the landlord to pay the agency fee as they’re the ones who hired them.

The law, which modified part of the Urban Leasing Law of 1994, now states: “The expenses of real estate management and formalisation of the contract will be borne by the lessor,” that is, the owner of the property.

READ ALSO – Renting in Spain: Can my partner move in with me?

One of the main problems is that agencies have been doing this for so long that they stand to lose quite a bit of money and may continue to ask tenants to pay on the side. 

Alejandro Fuentes-Lojo, a lawyer specialised in real estate law explained to Spanish news site Newtral: “Many professionals will try to circumvent this prohibition, and in some cases they will try to make the tenant pay out of pocket, but we must warn that if they agree, they will be unprotected by the law”.

Be aware, even though tenants shouldn’t have to pay the full agency fees anymore, there are certain circumstances in which they may still have to pay something.

The Rental Negotiating Agency (ANA), states that there are a series of exceptional cases where real estate agencies can pass some of these expenses on to tenants, specifically when they are offered a series of additional services that directly benefit them.

These expenses could include house cleaning services at the end of the lease, repair services and legal advice during the duration of the contract, or other services where it can be proven that they have a direct benefit for the tenants. These expenses can only be collected after the contracts are signed.

READ ALSO – Q&A: When can you legally leave a rental property in Spain? 

The general director of ANA and a lawyer specialised in leasing, José Ramón Zurdo, states: “The new Housing Law does not regulate or limit the impact of expenses that accrue after the signing of the contracts, because the limit of expenses that can be passed on is closed after this time”.

According to the new housing law, expenses that can’t be passed on to the tenant include management expenses charged by real estate agencies for intermediating, searching for tenants and showing the homes. Tenants can also not be charged for expenses of formalising contracts or paying any lawyers or notaries involved.

There are also four exceptional cases where agencies can still charge fees to tenants, when they are not habitual residence leases and, therefore, are not regulated by the Urban Leases Law.

These include:

  • Tourist accommodation
  • Rental of commercial or office space
  • Seasonal rentals
  • Luxury housing leases – Properties whose surface area exceeds 300 m2 built, or whose rent exceeds the interprofessional minimum wage by 5.5 times.

READ ALSO: Spanish court rules buyer can purchase property directly from seller without paying agency fees

SHOW COMMENTS