Legal immigration

RESIDENCE AND WORK

Foreign nationals wishing to live and work in Spain may be eligible for various residence and work permits, depending on their personal and professional circumstances.

A residence and work permit may be for EMPLOYMENT, where the person is going to work for a company or employer in Spain, or for SELF-EMPLOYMENT, where the person wishes to carry out their own professional or business activity, or work as a self-employed person.

In both cases, the requirements set out in the immigration regulations must be met; these vary depending on the type of authorisation, the applicant’s circumstances and the activity they intend to carry out.

There are also procedures that allow certain residence or stay permits to be amended in order to obtain a residence and work permit for employment or self-employment.

At Legal Immigration, we analyse your situation to determine the most suitable route, review your documentation and support you throughout the entire process of obtaining your residence and work permit in Spain.

NON-PROFIT RESIDENCE

The non-profit residence permit is intended for foreign nationals who wish to live in Spain without engaging in any work or professional activities.

To obtain this authorisation, you must prove that you have sufficient financial means to cover the costs of accommodation and living expenses during your stay in Spain, both for yourself and, where applicable, for any family members accompanying you.

For reference, the main applicant must prove that they have financial resources equivalent to 400 per cent of the IPREM, plus an additional amount equivalent to 100 per cent of the IPREM for each accompanying family member.

It will also be necessary to have health insurance that is valid in Spain and to meet the other requirements laid down by the regulations, including those relating to criminal records and public health.

The initial application is made from abroad at the Spanish Consulate responsible for the applicant’s place of residence. The initial authorisation is valid for one year.

This residence permit is particularly suitable for people who have sufficient savings, income, pensions or other financial resources and wish to take up residence in Spain without needing to be in employment or practise a profession.

At Legal Immigration, we analyse your financial and personal circumstances, review all your documentation and support you throughout the process of obtaining your non-lucrative residence in Spain.

Family reunification

Family reunification enables foreign nationals lawfully residing in Spain to be reunited with certain members of their family and to obtain a residence permit for them.

Generally speaking, the sponsor must have have been legally resident in Spain for at least one year and have applied for authorisation to remain for at least a further year, as well as meeting the other requirements laid down by law.

Depending on the circumstances, the following may be brought together: spouse or partner, children and, in certain circumstances, ascendants and other relatives as provided for by the regulations.

Among other requirements, the following must also be demonstrated: sufficient financial resources, adequate housing and healthcare cover.

The residence permit for family reunification granted to the A spouse, partner and children of working age allow you to work in Spain, whether as an employee or as a self-employed person, without the need to apply for an additional work permit.

At Legal Immigration, we examine each family’s situation and support you throughout the family reunification process.

Roots

The ‘arraigo’ scheme enables foreign nationals to obtain a residence permit in Spain on the basis of exceptional circumstances, provided they meet certain requirements relating to their employment, social, family or educational situation.

The current regulations provide for various options:

Social and labour market integration: for people who have lived in Spain for at least two years and have one or more employment contracts that meet the legal requirements.

Social integration: Aimed at people who have lived in Spain for at least two years and can prove they have family ties with residents in Spain or that they are socially integrated, as well as meeting the relevant financial requirements.

Socio-formative roots: for people who have been resident in Spain for at least two years and who are currently undertaking, or are due to undertake, certain training courses recognised by the regulations and who can demonstrate their social integration.

Second-chance integration: intended for certain individuals who previously held a residence permit and who, due to specific circumstances, were unable to renew it.

Family ties: intended for certain family members of citizens of the European Union, the European Economic Area or Switzerland, in the circumstances set out in the regulations. This category does not require a minimum period of prior residence in Spain.

At Legal Immigration, we assess your personal circumstances to determine which type of residency permit is best suited to your case, and we support you throughout the entire process until you are granted your residence permit.

Study visa and residence permit

If you wish to study in Spain for a period of more than 90 days, you can apply for a visa or a long-stay residence permit for study purposes, provided you meet the requirements set out in the regulations.

This authorisation permits, amongst other things, higher education and certain post-compulsory secondary education programmes, as well as other training activities required by law.

In the case of higher education, the permit automatically allows the holder to work as an employee or on a self-employed basis, without the need to apply for an additional permit, provided that the work is compatible with their studies. As a general rule, the amount of work carried out must not exceed 30 hours a week.

The application can be made from the country of residence and, in certain cases relating to higher education, also from Spain, provided the applicant is legally resident and meets the established requirements.

At Legal Immigration, we advise you on the requirements, prepare your application and support you throughout the process so that you can begin your studies in Spain with the appropriate authorisation.

COMMUNITY RESIDENCE

Citizens of the European Union, the European Economic Area and Switzerland who wish to reside in Spain for more than three months must apply for registration in the Central Register of Foreign Nationals and obtain the relevant Certificate of Registration as a Union Citizen.

To be eligible, they must meet one of the legally established requirements, such as being employed or self-employed in Spain, having sufficient financial resources and health cover, or falling within one of the other categories provided for in the regulations.

RELATIVES OF EU CITIZENS

Family members of EU citizens who are not EU nationals may obtain a Residence Card for Family Members of an EU Citizen when they accompany or join the EU citizen in Spain and meet the specified requirements.

The following, amongst others, are eligible for this scheme:

• Spouse.

• Registered partnership.

• A stable relationship, duly documented.

• Children under the age of 21 and, in certain cases, older children who are financially dependent.

• Dependent parents.

• Other family members in the specific cases set out in the regulations.

The Residence Card for Family Members of EU Citizens allows the holder to live and work in Spain and is generally valid for five years.

After five years of continuous legal residence, both EU citizens and their family members are eligible for permanent residence once they meet the established requirements.

At Legal Immigration, we assess your situation and handle the entire process of obtaining your EU residency or residency for your family members in Spain.

Married to or in a relationship with a Spanish national

Foreign nationals who are married to or in a relationship with a Spanish citizen may be eligible for a temporary residence permit as a family member of a Spanish national, provided they meet the requirements laid down by law.

This authorisation may be requested in the following cases: married couple, registered partnership or duly recognised cohabiting couple. In the case of an unregistered stable partnership, as a general rule, evidence must be provided of a relationship analogous to that of a married couple for at least 12 consecutive months. This period does not apply where the couple have children together, provided that the relationship continues.

The authorisation allows to live and work in Spain, whether as an employee or as a self-employed person, without the need to apply for an additional work permit.

Depending on the couple’s circumstances and the location of the foreign family member, the procedure may be initiated from Spain or from abroad, in accordance with the provisions set out in the regulations.

At Legal Immigration, we assess your situation, check the documentation required to prove your relationship, and support you throughout the entire process until you obtain your residence permit in Spain.

Entrepreneurs and highly qualified professionals

Spain offers specific residence permits for entrepreneurs and highly skilled professionals.

Entrepreneurs: aimed at foreign nationals who wish to set up, develop or run an innovative business project in Spain and/or one of particular economic interest to the country. The project must receive a favourable assessment from ENISA, which will evaluate, amongst other aspects, the applicant’s professional profile, the business plan, the financing, the innovation and the added value for the Spanish economy.

Highly qualified professionals: intended for foreign professionals who are to take up a highly skilled employment or professional role in Spain. The regulations provide for different categories depending on qualifications, professional experience and the terms of the contract.

At Legal Immigration, we examine each case, assess the most suitable route to residency and support the client throughout the entire procedure before the Large Enterprises and Strategic Groups Unit (UGE-CE).

RESIDENCE FOR INTERNATIONAL REMOTE WORKING

The residence permit for international remote working, known as the Digital Nomad Visa, is intended for third-country nationals who wish to reside in Spain whilst working remotely for companies or clients based outside Spain, using IT and telecommunications technology.

Both employees and self-employed professionals can apply for it.

In the case of self-employed professionals, they are also permitted to work for companies or clients based in Spain, provided that this work does not account for more than 20 per cent of their total professional activity.

To apply for this authorisation, applicants must demonstrate, amongst other requirements, a previous employment or professional relationship with the foreign company or clients, that the activity can be carried out remotely, the required professional qualifications or experience, and sufficient financial resources.

The authorisation allows certain family members to be included, provided that the legally established requirements are met.

The application can be made from abroad by means of the relevant visa, or directly from Spain provided the applicant is legally resident in the country and meets the established requirements.

At Legal Immigration, we analyse your employment or professional situation, review all your documentation and prepare your application to apply for residency as a digital nomad in Spain.

VISAS

Foreign nationals wishing to travel, study, work or live in Spain may need a visa, depending on their nationality, the purpose of their trip and the length of their stay.

There are different types of visas for short-term stays and for stays of more than 90 days, as well as visas linked to specific permits for residence, work, study, international remote working or family reunification.

For short stays, the general rule is that you may remain in the Schengen Area for up to 90 days within any 180-day period, provided that the relevant entry requirements are met.

The requirements and the necessary documentation vary depending on the type of visa and the personal circumstances of each applicant.

At Legal Immigration, we analyse your situation, advise you on the appropriate visa, review your documentation and support you throughout the entire process.