What is it? Long non-lucrative residence is an authorization which allows foreigners from outside the European Union to stay in Spain for a period of more than 90 days. period longer than the 90 days initially granted with a tourist visa (Schengen).
However, this regime does not allow labor or professional activities.
Initial duration: 1 year from entry into the territory.
Requirements for obtaining non-profit residency in Spain (Article 46 of the Alien Regulation).article 46 of the Regulation of Foreigners)
- Not to be irregularly in Spanish territory, that is to say that this authorization must be requested in the foreigner's country of origin or where he/she has his/her residence.
2. Lack of criminal record. Both those from Spain and those from those countries "...".of residence during the last five years, for crimes provided for in the Spanish legal system.". That is, the criminal record does not necessarily have to be from the country of origin of the foreigner, but from those countries in which that person has been residing in the last 5 years. This requirement is only applicable for those who are of legal age. The criminal record certificate must be apostilled (if it is issued by a country that is a party to the country that is a party to the Hague Convention) or legalized, in case the issuing country is not part of the Hague Convention.
3. Not to be listed as rejectable in countries with which Spain has signed an agreement in that sense. That is, not having an entry ban in the countries that form the Schengen territory.
4. Sufficient financial means to obtain non-profit residency.
- Prove that you have, as a minimum, "an amount that represents monthly in euros 400% of the IPREM (Public Multiple Effect Income Indicator).Public Indicator of Income of Multiple Effects)or its legal equivalent in foreign currency". which is equivalent for the year 2023 to the amount of 2,400.00 euros per month based on 12 months. However, the latest criteria of the Courts indicate that the economic means must be calculated based on 14 months, 400% of the annual IPREM amounts to the amount of 33,600 euros (600 x 4 x 14).
- For each family member who is a dependent of the foreigner applicant, it must be demonstrated that he/she possesses "an amount that represents monthly in euros the 100% of the IPREM, or its legal equivalent in foreign currency, amount to be accredited in addition additionally" In this case would be 8,400 euros (600 x 14) and not 7,200 euros (600 x 12).
- Ways to check:
a. To have sufficient financial means for the period of residence they are applying for, mounted in a bank account.
b. Proof of a source of regular income.
5. Health insurance: "Have a public health insurance or a private health insurance insurance policy arranged with an insurance company authorized to operate in Spain."It must have coverage equivalent to that provided by the Spanish National Public Health System for the entire duration of the residency.
*WATCH OUT: Not all insurances are accepted for processing, they have to meet certain specific requirements.
6. Not to be within the period of commitment of not returning to Spain that the foreigner has assumed when returning voluntarily to his/her country of origin. That is, when the foreigner decides to return to his/her respective country of origin under what is known as "Voluntary Return".
7. Not suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations 2005. in accordance with the provisions of the International Health Regulations 2005.
8. To have paid the fee for the processing of the procedures. In order to pay the residence authorization fee at the Consular Office, two copies of form 790 code 052, section 2.1 (initial authorization for temporary residence)
Renewal: Must be done during the 60 calendar days prior to the prior to the expiration date of your authorization. o Within 90 days after the expiration date In this second case, there is a risk of a fine if it is considered that a minor infraction has been committed in relation to foreigners.
Likewise, it will be necessary to it will be necessary to demonstrate that the requirements that allowed the approval of the non-profit residency continue to be met. NON-PROFIT RESIDENCE initial approval.
*WATCH: The submission of the application within this period extends the validity of the previous authorization until the resolution of the procedure.
- First and second renewal: The renewed temporary residence authorization shall be valid for two years, unless it corresponds to obtain a long-term or long-term residence authorization-EU.
- Third: at the moment of the renewal of the non-lucrative residence for a third time, you will already have 5 years of residence in Spain (1+2+2=5). In this case it is advisable to apply for long-term residence.
Written by Natalia Menéndez / Law Degree
