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VISAS

LISTED: The visa options Americans can apply for to live in Spain

Moving to Spain is a dream for many US nationals who have fallen in love with the country, but which Spanish residency visa should Americans opt for depending on their circumstances?

visa options americans spain
Whether it's to work or to retire, study or invest, here are the Spanish residency visas Americans can apply for. Photo: Kath Blake/Pexels

It can be quite confusing for Americans who want to move to Spain as there as several different visa options available and a whole raft of requirements in order to be eligible for them. 

US nationals don’t have the automatic right to get a job in Spain or anywhere else in the EU because of their status as third-country nationals within Europe’s single market, but thankfully some visas will allow you to work here. 

Digital nomad visa (DNV)

Spain’s digital nomad visa was introduced at the beginning of 2023 and enables non-EU nationals like Americans to live in Spain if they have a remote job or are self-employed. It’s referred to as visado de teletrabajador de carácter internacional on most of the official websites in Spain and can be applied for either from the consulate in your home country or while here as a tourist. 

You can get the visa as long as you meet a list of requirements including proof of earnings, permission from your employer to work from Spain, having held your position or worked for your client for more than three months, and that the company you work for has been in existence for more than one year. You also cannot earn more than 20 percent of your income from Spain.

READ ALSO: What are the pros and cons of Spain’s digital nomad visa?

Non-lucrative visa (NLV)

Spain’s non-lucrative visa is ideal for retirees who want to spend an extended period of time or live in Spain. It’s also great for individuals or families who want to spend a year in Spain for example. As the name suggests, you cannot work on the non-lucrative visa.

In order to be eligible you have to prove you have sufficient savings or that you earn money from passive income such as renting out your property abroad. You can also bring family members with you, but must prove you have extra funds to support them and have private health insurance. 

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

Golden visa

Spain’s golden visa, sometimes referred to as an investor visa, allows non-EU citizens such as Americans the right to live in Spain if they meet several requirements. These include buying a property worth over €500,000, investing €1 million in a Spanish company or having €1 million in a Spanish bank account.

The visa allows you to bring family members and also allows you to work. The golden visa is only valid for one year, however, you can exchange it for a residence permit, valid for a further two years once you’re in Spain.

Be aware that this type of visa may not be available for much longer. Many EU countries have already scrapped their versions of the golden visa and the Spanish government’s junior coalition partner Sumar has voiced its intention of getting rid of it here too.

READ ALSO: How Spain plans to toughen conditions for its golden visa

Student visa

In order to apply for a student visa to come and live and study in Spain, you will need to be accepted onto a course that lasts longer than three months. You also need to prove that you have sufficient funds to support yourself and that you have private health insurance. There is no age limit and you can apply either from your home country or within Spain.

The visa also allows you to work up to 30 hours a week and bring family members to live with you. Family members do not have the right to work, however, so you must prove you have extra funds to support them too.

READ ALSO: What are the pros and cons of Spain’s student visa?

Work permit as an employee (por cuenta ajena)

In order to be considered for a job as a non-EU national, in the majority of cases the position must be on Spain’s shortage occupation list.

The latest 12-page list published by Spanish employment agency SEPE is downloadable here, but overall the type of positions advertised are 95 percent in the maritime and shipping industry (from naval mechanics to ferry staff, chefs and waiters), as well as sports coaches.

In all fairness, it’s a pretty limited and disheartening list for the majority of American professionals interested in a move to Spain, but it is usually updated every quarter so there could be new positions opening. 

If you have found a job offer that you’re suitable for, you must start your application from the Spanish consulate in the US or the country in which you live. You cannot for example apply while you’re here on holiday.

Work permit for English teaching or au-pair

Teaching English is a job that many anglophones in Spain take up as native teachers are very much sought after and the pay isn’t too bad either.

The most common work permit used by non-EU English speakers who have completed a TEFL or CELTA certificate (to teach English as a foreign language) is in fact the student visa, which allows them to study at a recognised institution while teaching English on the side.

There is also the ‘Auxiliares de Conversación’ Programme which is run by the Spanish government and sees people United States, Canada, New Zealand and Australia recruited to be English language assistants in Spanish schools. 

In terms of au-pair work in Spain for Americans, there is a specific one-year visa they can apply for at the Spanish embassy or their closest consulate in the US. Applicants must be aged 17 to 30, and have an au pair agreement with a Spanish host family stating salary and conditions as well as proof of sufficient finances and private health cover.

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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

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