Gecko Towers
It’s unusual that I do this, but when faced with the wealth of research and intelligence on a particular subject, posted by someone I respect, there is simply no alternative. I was going to add to my recent post regarding the soon to be available Digital Nomad Visas, but Nick Nutter of www.visit-Andalucia.com’s piece on Non-Lucrative Visas is just so comprehensive here it is! Thanks Nick for agreeing for me to repost, I have a feeling you’ll be helping many prospective new Spanish settlers with this!
Step by Step Renewing a Non-Lucrative Visa
in Andalucia, Spain
By Nick Nutter | Last Updated 11 Jan 2022 | Living In Andalucia
During 2021, many people will have successfully applied for, and been granted, their first non-lucrative visa to reside in Spain. The application will have been made in their home country. On arrival in Spain and within one month of arrival, the successful applicant will have applied for and been granted a Tarjeta de Identidad de Extranjero (TIE) biometric card. The first non-lucrative visa is called a temporary non-lucrative visa. It is valid for one year and must then be renewed. Similarly, the first TIE card is only valid for one year.
The renewal process involves two stages, renewal of the non-lucrative visa followed by renewal of the TIE.
Where to apply for Renewal of the Non Lucrative Visa
To renew your non-lucrative residency authorisation you will need to submit your renewal application in person in the immigration office in your province. Or, if you have an officially recognized digital signature (or digital ID), you can submit your application online.
To find your provincial Immigration Office, click here
Options for renewing a non-lucrative visa
First, you can extend your non-lucrative visa for two additional years and renew the TIE card.
Secondly, you can choose to modify your residency (instead of renewing it), and apply for a residence permit that allows you to work in the country.
Whichever option is chosen, children will continue to maintain a non-lucrative residence regardless of the option chosen by the parents.
When You should Renew Your Visa
Your first visa is valid for one year. Once this year comes to an end, you can renew it for two extra years; and once these two years are up, a final renewal for two more years.
After the end of this period (you will already have been in Spain for a total of 5 years), you can apply for long-term residency.
Renewal must be done 60 days before the end of the year (or two years for second and third renewals) and in any case no more than 90 days after the expiry date. If you apply after the expiry date you may will incur a fine or even refusal of application.
Extending the non-lucrative visa
Generally, to renew your non-lucrative visa, you will need the following original documents, and a copy of each one:
• Application Form EX01 (two copies).
• Fee Form 790-052 (paid and stamped).
• Your passport (valid for at least one year).
• Copy of all the pages of your passport.
• Your current Tarjeta de Identidad de Extranjeros or TIE (often referred to as a resident card).
• Health insurance that complies with the requirements of the Immigration Office.
• Proof of sufficient and stable income for the next two years (monthly, more than four times the current year’s IPREM for the main applicant, and additionally, one IPREM for each family member).
• Your address registration in Spain (padrón) no more than three months old.
• If you have children of school age you will also need to request a report from their school, and submit a copy of their birth certificates.
Don’t forget that any documents not issued in Spanish must be translated by a translation service that’s recognized by Spain’s Ministry of Foreign Affairs.
Application form EX01 is available here
Fee Form 790-052 is available here
Minimum Income for Spanish Residency 2022 for the non-lucrative visa
The income requirements are calculated using a formula which is known as the IPREM (Indicador Público de Rentas de Efectos Múltiples). The following figures are for 2022. To demonstrate that you have sufficient means to support yourself and any dependants you will need to supply proof of the following minimum income levels.
For the non-lucrative visa, you must prove that you have 400% of the IPREM received annually into your bank account. For 2022, the IPREM is €579.02 for a month. This means that an individual would need a regular guaranteed monthly income of €2,316.08 or €55,585.92 biannually.
For each additional family member, 100% of the IPREM is required, which in 2022 amounts to €579.02 per month or its equivalent in the foreign currency.
When you submit your renewal application, on line or in person, your TIE card will be extended past its expiry date provided you submitted your renewal on time. The renewal process can take up to three months during which you should receive a Carta de Resolucion. If, after three months, you have not received a Carta de Resolucion there is a quirky bit of Spanish Law called approval by administrative silence. In other words your renewal is approved if you do not hear anything.
Modifying Your Residency
The second option is to either find a job during your first year, or start work as self employed.
The employer must prove that the job cannot be filled by a worker from the EU.
You will need form EX-03 available here
You need a job offer with a 40 hour contract lasting for at least one year. If you start work as an employee then your visa will become ‘Por Cuenta Ajena’, a work permit as an employee.
If you start your own business or register as self employed you would change your visa to a ‘Por Cuenta Propia’ or self employed work permit. You need to present a business plan and be able to prove you have sufficient financial means to finance the project. In addition, your personal CV and a certificate from the Self-Employed Workers Association in Spain stating that the project is viable will be required.
You will need form EX-07 available here
The renewal application is then the same as detailed above.
Renewing Your TIE Card
Once you have your Carta de Resolucion you must make an appointment to apply for your new TIE card within 30 days. You must make an appointment in advance.
You will receive an email with your confirmation letter attached.
Collect together the following documents:
• Three recent passport-sized photos.
• Your passport, and a copy of the main page.
• Your current TIE.
• Your resolution letter.
• Fee Form 790-012 (paid and stamped).
• Solicitud de la Tarjeta de Identidad de Extranjero (EX-17).
At the appointment you will be fingerprinted and given a temporary residency document and a date when your card will be available. It is usually about six weeks before you can pick up your card, though timing may vary depending on where you live. Your renewed card will be issued for two years and after the second renewal—five years of temporary residency—you can apply for long-term residency.
Fee Form 790-12 is available here
Reasons for Refusal of Application
The TIE card requires you to be a legal resident by remaining in Spain for more than 183 days per year (the year is the 365 days prior to the expiry date of your TIE card). If you have been absent for more than 183 days then your application may be refused.
Tax debts are also a reason for refusal. During your first year these could include non-payment of fines, fees or other debt owed to the government.
Having gained a criminal record in Spain will also be a reason for refusal.
Disclaimer
The information given here is correct at the time it was made live. The one thing we can be sure of, living in Spain, is that things change and one rule in one province is not necessarily the rule in another. If anybody notices any errors or omissions, it would really help others if you reported them via the comment box below.
Anybody who is not sure about any part of the procedure or has circumstances outside of the normal, should consult one of the professional agencies that handle renewal of visas in Spain.
MarbellaPropertyLawyers addition
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Please note that our posts are for general interest. There is no substitute for proper advice tailored to your specific circumstances as provided by a qualified Abogado who is experienced in the application of the Spanish Law. Nothing contained in this article should be seen or taken as the writer or the publisher providing legal, tax or financial advice. All details have been reasonably fact-checked and all efforts have been taken to ensure that facts are accurate as at the date of publication.
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