The non-lucrative visa or NLV as it is often referred to, is an authorisation that allows non-EU foreigners to live in Spain without working or carrying out professional activities, by demonstrating that they have sufficient financial means for themselves and, if applicable, their family.

In Spanish it’s called a visado de residencia no lucrativa and is also sometimes referred to as a retirement visa, as this is the best option for retirees from non-EU countries who want to spend their golden years in Spain.

However, remote work has meant that tracking whether someone is actually work is a lot harder than it used to be, leading some foreigners to consider whether they could break or bend the rules without being found out. So is it possible?

In 2023, a Madrid court denied a Venezuelan national’s application for the non-lucrative visa because they, among other things, continued to advertise their professional services on sites like LinkedIn.

The application was first rejected by the Spanish consulate and then later confirmed by a Madrid court.

The unlucky Venezuelan national had his application rejected because he continued to advertise his professional services online, which, the court ruled, proved that his work activity is carried out remotely (teletrabajo in Spanish).

This lead to the presumption that he will continue to carry out this work activity in Spain by the same means – something against the NLV rules.

Spanish law doesn’t specifically mention remote working. Spain’s General Immigration Regime states that, while staying on the NLV:

• You mustn’t work for a Spanish company
• You mustn’t work for a Spanish employer
• You can’t open your own business in Spain
• Nor can you open a branch office in Spain

In terms of remote working specifically, the law doesn’t actually address it. That’s why there’s some legal uncertainty on this point, despite the Madrid court’s ruling.

Immigration law experts Balcells note that “some consulates may have accepted it while others haven’t, causing painful rejections to foreigners who after reading online that it is possible or following the advice of an expat friend have tried with poor results.”

It also seems that rejections along these grounds have become more common since the pandemic.

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

“During the pandemic (from 2020 onward), the vast majority of consulates started to reject applications from foreigners who clearly stated they wanted to start working remotely,” Balcells writes.

“Or, even worse, if the consulate sees that remote work is what you have been doing for the past months/years, your application may even get rejected too.”

So that means that, in theory, if you’re a remote worker wanting to apply for the NLV and move to Spain (even if you aren’t intended to work while there) there’s a chance that your visa application could be rejected based on your working history.

According to some comments on NLV Facebook groups, providing proof of cessation of activities from the country where you last worked can be a way to prove to Spain that you are not working. You may well need to get this document formally translated and notarised.

There is no evidence to suggest that Spanish authorities check that non-lucrative visa holders are working once they have had their visas approved.

But the truth is that there is a now a visa available which is far more suited to non-EU remote workers – the digital nomad visa – so it’s not worth the risk of applying for the NLV if you do plan to work in Spain.

People applying for Spain’s digital nomad visa (DNV) in 2024 have to prove a monthly income of at least €2,646 a month, an average equal or above that amount for the past six months if the applicant is self-employed. At the current exchange rate, that is £2,268 a month or $2,853 a month. 

Fortunately, Spanish authorities told The Local Spain that it is possible to show proof of savings if your monthly income doesn’t reach this threshold and still have your DNV approved, if the shortfall isn’t too big that is.