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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

EXPLAINED: When you can exchange visas in Spain

There are several different types of visas and residency permits you can get to be able to live and work in Spain, but what happens when your situation changes and you want to exchange your visa for a different one?

EXPLAINED: When you can exchange visas in Spain

There are many different reasons you may want to exchange the type of visa or residency permit you have. Perhaps you’re on a student visa and have completed your studies, but still want to be able to stay in Spain. Or maybe you’ve been on a one-year non-lucrative visa, but can no longer afford not to work and want to exchange it for one where you’re allowed to work. 

Read on to find out which visas are possible to exchange and which are not. 

Student Visa to Digital Nomad Visa 

The simple answer is yes, it is possible to exchange your student visa for the new Digital Nomad Visa (DNV) that first became available last year. This will, however, depend on your individual circumstances and what job you plan on doing.

Firstly, in order to apply for DNV you must either have a degree from the field you want to work remotely in or have three years’ work experience in that industry. If you’ve just finished your studies this could be possible, but if you were studying something different, it could prove difficult.

If you are an older student, you could definitely have three years’ work experience in the industry you want to work in or you may have gained the experience working part-time in Spain while on your student visa.

Secondly, you must make sure you have worked for the company that hired you for a remote role for a minimum of three months before you apply for the DNV. The main caveat is that the company has to be registered outside of Spain as you are not eligible for the DNV if more than 20 percent of your income comes from inside Spain. This means that you will have to secure a remote job in another country while still on your student visa, making sure that you stick to the 30 hours a week you’re allowed to work.

Non-Lucrative Visa to Work Permit or Self-Employed

Being in Spain on the Non-Lucrative Visa or NLV can prove to be expensive because you’re not allowed to work, but have to prove you have a significant amount of savings or passive income. If you want to stay in Spain, beyond the initial year, you may be considering a different residency permit. Luckily, you can exchange it for a work permit or self-employed permit in a process called residence modification.

During your last few months on the non-lucrative visa, you are able to apply for jobs in Spain, which may give you the possibility of being granted a work permit. There are many prerequisites, including having lived in Spain for a year and being offered a pre-employment contract.

You could also decide to become self-employed at set up your own business. In order to do this you will need to meet the requirements that current legislation requires for opening and operating your chosen business. You will also need to sign up to the autónomo system, pay your own social security fees and submit your taxes five times a year.

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

Student Visa to Work Permit or Self-Employed

If you’re living in Spain on a student visa, then it’s relatively straightforward to exchange it for a work permit or become self-employed, if you want to be able to stay longer. The main requirement is that you have to have lived in Spain for three consecutive years, before you exchange it. This means, it’s really only possible for those who are doing a long-term course, such as a degree at a Spanish university. If you’re simply here for a year doing a language course, then it won’t be possible.

If you have been here for three years on a student visa, you have two options – the first is to find a job and become an employee by getting a work permit and the second is to become self-employed. If you opt for the first, the easiest way is to get a job offer and apply for the permit that way. Because you’ve already had a student visa and been here three years, it will be easier for companies to hire you as they won’t have to prove that there isn’t anyone from Spain or the EU that can do it first or that they have a shortage of professionals who can carry it out.

If you want to exchange it for a self-employment permit, you will have to present a business plan in order to get approval and prove you have the correct qualifications and experience to carry it out. If approved, then you will typically sign up to the autónomo system.

Student Visa to Entrepreneur Visa

Student visas are the easiest visas to modify in Spain, meaning you have many different options to exchange them if you want to stay longer. The Entrepreneur VisaVisado de Emprendedor is another option that will allow you to stay for a period of three years (with the option of exchanging or extending). It is, however, slightly more complicated to exchange to than simply getting a work permit or becoming self-employed.

The Entrepreneur Visa is especially for those who want to set up a business considered to be innovative with a special economic interest for Spain. Unlike becoming just an autónomo, you must agree to be able to create employment opportunities for locals in the future. You could also in theory exchange your NLV for an entrepreneur visa too, provided you can prove that you haven’t done any work while you’ve been living in Spain for the year on your NLV.

Non-Lucrative Visa to Digital Nomad Visa

Unfortunately, this exchange is not possible. The main issue is that you’re not allowed to work while on a NLV and the requisites of the DNV are that you must have worked for the company that hired you for a remote role (or your clients if you’re self-employed) for a minimum of three months before you apply.

If this is the case then you’ll be admitting that you were working while on your NLV, which could get you into trouble. This means will have violated the terms of your visa and will be highly unlikely to be granted another one. You may also face penalties and fines, depending on your circumstances.

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