Update on Non Lucrative Visa and other visas. To adapt immigration regulations to the current economic and social situation and align them with EU legislation, a proposal with significant changes has been published by the Spanish Government on 22nd July 2024.
This proposal is currently a draft Royal Decree and has not yet amended the existing regulations. An audience period is open until 10th September, accessible at this link. Once approved, the new regulations will repeal Royal Decree 557/2011 and will come into effect six months after their publication in the Official State Gazette (BOE).
The key changes proposed are as follows:
Non-Lucrative Residence
A new duration of 1+4 years is established for non-lucrative residence permits. This change facilitates family reunification after the first year and reduces the need for renewals before obtaining long-term residence. Additionally, a requirement for actual residence in Spain for more than 183 days per year is introduced to renew the permit, encouraging fiscal residence in Spain.
Family Reunification
The proposal regulates autonomous permits for family members of Blue Card holders, setting a minimum age of 18 for spouse reunification. The concept of housing is redefined according to Law 12/2023. The period of cohabitation required for an independent permit for spouses is set at three years of marriage and at least one year of cohabitation in Spain, with exceptions if the spouse has custody of the children. It also includes the possibility of reunification for adult children in cases where the sponsor is dependent.
Residence and Work for Employees
The requirement to leave the country to obtain a visa when applying from a long-term stay or residence is eliminated, in line with Directive (EU) 2024/1233 on single permits. Fixed-term employment authorisation is reinstated, adjusted to the duration of the planned activity, which can be less than a year. Self-employment is allowed alongside primary employment to provide flexibility. Legal guarantees are introduced to prevent automatic denials due to police records.
Residence and Work with Exemption from Work Authorisation
Similarly, the requirement to leave the country to obtain a visa from a long-term stay or residence is eliminated. The proposal also includes individuals with a valid work permit in another EU Member State who are transferred to Spain for cross-border services, as defined by Law 45/1999.
Temporary Residence for Relatives of Spanish Citizens
The proposal specifically regulates the status of relatives of Spanish citizens, considering both the regulations of other Member States and Directive 2004/38/EC, as well as the case law of the Court of Justice of the EU.
Other Considerations
No unemployment insurance contributions will be required for the employment of third-country nationals with temporary residence and work permits for seasonal activities or study stays. Existing permits will remain valid until their expiration date.
These updates represent a significant effort to adapt immigration regulations to current realities, streamlining processes and ensuring rights for both third-country nationals and their families in Spain. Please contact our Inmigration team if you have any queries.
Prepared by Sara Velasco. Sara is a senior lawyer with several years of experience assisting clients moving to Spain. Call her at +44 2070 430648 or contact us here, and we will get back to you within 24 hours.
