Spain is one of the best countries to live in. A totally pleasant climate, landscapes and dream places, an unmatched human quality and a unique culture, are some of the many factors that make the Spanish territory the most suitable option for those foreigners who are considering living in another country for a while.
What is the most suitable residence permit or visa?
If you have sufficient funds and are not thinking of doing any type of economic activity, the non-profit residence visa is the best option for you.
The Non-profit residence is a legal authorization that allows foreigners to stay in Spain and move freely through any of the EU countries, for an initial period of one year without carrying out work or professional activities, demonstrating that they have sufficient financial means. for himself and, where appropriate, members of his family.
Also, the first and second renewal of the non-profit residence authorization has a duration of 2 years. At the time of the third renewal, a long-term residence can be requested, which in that case could be for an indefinite period, although the foreigner's identity card that proves the type of residence must be renewed every 5 years.
What are the advantages of this type of residence?
The applicant does not depend on another person to obtain it: he does not have to depend on an employer who wants to hire him or on having a relative who can regroup him.
There is the possibility of settling in Spain directly with their relatives: this residence can be granted simultaneously to both the applicant and the members of their family if they show that they have sufficient financial means for all of them.
The time spent in Spain with the non-profit residence is computed to obtain Spanish nationality by residence: it constitutes one of the most important advantages, since, in addition to allowing you to live legally in Spanish territory, it gives you the possibility of obtaining your Spanish nationality from the roots.
Besides, about Latin American citizens, it should be noted that with only 2 years of residence they can already opt for Spanish nationality, that is, the general rule of 10 years to request it does not apply.
It does not require an expense or an investment in the Spanish economy, like the Golden Visa; or prepaying for a course of study, as in the case of a student visa.
The foreigner is obliged to have sufficient financial means, but only to prove his maintenance and stay so that he does not constitute an economic burden for the Spanish State.
Allows you to study and carry out university internships, including paid ones: foreigners who have a non-profit residence in Spain, despite not being able to work, can perfectly carry out university internships.
The funds that will be transferred to a bank account in Spain will not be "frozen" as, for example, in the case of investment for the Golden Visa application, but they will be available free of charge during the stay in Spain.
After the first year of residence, there is the possibility of modifying the authorization towards a work permit if you have a professional project.
It allows you to travel to all the countries of the Schengen area without a visa during its validity period.
It allows economic activities in other countries: although the temporary non-profit residence permit prevents working in Spain, it does allow the foreigner to continue developing certain economic activities in other countries, as long as it does not force the foreigner to constantly leave Spanish territory. , that is, it does not affect your residence in Spain.
Which are the requirements?
Not being found irregularly in Spanish territory. At this point, it is important to clarify that this procedure begins in the applicant's country of origin and NOT in Spain.
If the applicant is of legal age, he must not have a criminal record in Spain and in the previous countries where he has resided for the last 5 years, for crimes provided for in Spanish legislation.
The foregoing will be accredited using certificate of criminal record, which must be apostilled if it emanates from a country that is part of the Hague Convention or legalized if the country is not part of the aforementioned agreement.
Not having a ban on entering the Schengen territory, of which Spain is part.
Entry bans are recorded in a database called SIRENE (Request for Complementary Information on National Entries), through which the authorities of the countries that are part of the Schengen territory can verify whether an entry ban is still in force.
Hiring a public or private medical insurance arranged with an insurance company authorized to operate in Spain.
Said insurance must provide coverage equivalent to those provided by the National Public Health System throughout residence, in aspects such as Health care, diagnostic tests, surgical intervention and hospitalization.
Not be within the period of commitment not to return to Spain that the foreigner has assumed when voluntarily returning to his country of origin.
Do not suffer from any of the diseases that can have serious repercussions on public health in accordance following the International Health Regulations of 2005.
The usual thing is that the applicant goes to any doctor to demonstrate that his patient does not suffer from any of the diseases that can have repercussions on public health.
You have paid the non-profit residence tax in Spain.
However, since temporary non-profit residence begins in the country where the foreigner resides, this fee will be paid in the legal tender of that country.
Have sufficient financial means to meet your living expenses, including, where appropriate, those of your family, during the period for which you wish to reside in Spain, and without the need to develop any work or professional activity.
In most cases, the source of income is accredited based on the applicant's businesses located outside of Spain.
Documentation must be submitted to verify periodic and sufficient income or the possession of a patrimony that guarantees said perception.
Any means of proof in Law is admitted: contribution of property titles, certified checks or credit cards, which must be accompanied by a bank certification that accredits the amount available as credit.
What is the procedure to request it?
The non-profit residence in Spain is requested before the Spanish diplomatic mission or consular office of your demarcation of residence.
A stamped copy of the same will be registered and returned, indicating the date and place of receipt or the acknowledgment of receipt will be sent to the address you have established.
The non-profit temporary residence authorization application form or form that will be used is the Ex-01 model. The application must be accompanied by these documents:
a) Valid passport or travel document, recognized as valid in Spain, with a minimum validity of 1 year.
b) Criminal record certificate, or equivalent document, if the applicant is of legal age, issued by the authorities of the country of origin or of the countries where they have resided in the last 5 years.
c) Documentation that proves that they have sufficient financial means.
d) Documentation proving that you have public or private medical insurance arranged with an insurance company authorized to operate in Spain.
e) Medical certificate proving that you do not suffer from any of the diseases that can have serious repercussions on public health.
Decision on the non-profit residence authorization –without a visa- by the Government Delegation or Sub delegation.
Once the application has been submitted to the Spanish diplomatic mission or consular office, it registers the corresponding application in the visa system so that the Government Delegation or Sub delegation has proof of the application presented and decides on the granting or denial of the authorization.
The Government Delegation or Sub delegation will study the granting of the non-profit residence authorization, not the visa. For this, it will not verify compliance with all the requirements, since it only corresponds to verify whether the foreigner:
a) Has no criminal record in Spain;
b) It is not within the period of commitment not to return to Spain that the foreigner has assumed when voluntarily returning to their country of origin.
Once these requirements have been studied, the Government Delegation or Subdelegation will record the resolution in the corresponding application, so that both the Ministry of Foreign Affairs and Cooperation and the Diplomatic or Consular Mission is aware of the decision.
If the resolution is favorable, the non-profit temporary residence authorization will be subject to the issuance of the visa by the diplomatic mission or consular office and the entry of the foreigner into Spain.
You must decide within a maximum period of 1 month from the receipt of the request.
If the month passes without the Government Delegation or Sub delegation having ruled on the authorization of temporary non-profit residence, the application will be deemed rejected, that is, negative administrative silence operates.
Approved the authorization, the decision on the non-profit residence visa in Spain is made by the diplomatic mission or Spanish consular office.
To do this, it will analyze compliance with the rest of the requirements of this type of residence:
a) Not being found irregularly in Spanish territory;
b) Lack of criminal records in the previous countries in which you have resided during the last 5 years, for crimes provided for in the Spanish legal system;
c) Have sufficient financial means;
d) Have public or private medical insurance arranged with an insurance company authorized to operate in Spain;
e) Not suffer from any of the diseases that may have serious repercussions on public health provided for in the International Health Regulations of 2005 and;
f) Having paid the fee for the processing of the procedures.
Collection of the visa at the diplomatic mission or Spanish consular office.
Once the diplomatic mission or consular office has notified the granting of the visa, the applicant must collect it in person within a maximum period of 1 month.
If the applicant does not collect the visa within that period, it will be understood that he has renounced the granted visa, and the procedure is filed.
Entrance to Spanish territory.
The applicant must enter Spain within the validity period of the visa, which will never exceed 3 months.
Application and obtaining a Foreign Identification Card.
Finally, once the foreigner is in Spain, they must request the Foreigner's DNI (known as TIE) within 1 month.
This procedure is carried out before the immigration office or a corresponding police station.
At Creimerman Law we provide continuous advice throughout the procedure depending on the particularities of your case; We fill in all the forms related to this type of residence; We review all the documentation that you must present to the Consulate or Embassy to give our approval or indicate the corrections that must be made; We prepare you for the interview that you will have before the diplomatic mission or consular office, and we help you obtain the foreign identity card once you arrive in Spain to prove your legality in the country.