EXCLUSIVE: Spain clarifies two key rules of the Non-Lucrative Visa

Spain’s new Immigration Law, which seeks to make immigration procedures easier for foreigners wanting to live in the country, entered into force on May 20th.

As well as addressing the legal uncertainty facing asylum seekers, and reorganising visa categories, it also aimed to improve resolution times and introduce changes to residency rights and procedures.

Along with all these changes, the government has set out to clarify several points regarding the Non-Lucrative Visa (NLV), which had previously been points of confusion or discussion.

The NLV is now the main visa option for many non-EU nationals who want to live in Spain together with the Digital Nomad Visa.

READ MORE: The pros and cons of Spain's Non-Lucrative Visa

NLV Residency Requirement for Renewal

The new Royal Decree 1155/2024, effective from May 2025, now clearly says you need to have lived more than 183 days in Spain during the previous year to be able to renew your Non-Lucrative Visa.

María del Castro, CEO of Spanish law firm CostaLuz Lawyers told The Local Spain that “before this wasn’t stated so clearly - people just assumed you needed to actually live in Spain”.

But now Article 64 point f) of the Official State Gazette (BOE) states that you can only renew your NLV if you “have actually and effectively resided in Spain for more than 183 days during the calendar year”, thus establishing a "minimum physical presence" according to the Andalusia-based lawyer.

Del Castro explained that in 2023 the Spanish Supreme Court ruled that since this 183-day rule wasn't in the main Organic Law, the government couldn't officially make it a strict requirement.

In other words, judges declared "null the prior regulatory rule that allowed for the automatic cancellation of non-lucrative residence permits for absences longer than six months", Del Castro stated.

“So, there has been a bit of a legal tug-of-war between what the old rules said and what the Court has decided”.

Now there's no room for interpretation.

If you want to renew your Non-Lucrative Visa after the first year, then after two years and once again after two years, you have to have lived in Spain for more than 183 days a year.

In essence, you have to be a tax resident if you want to renew your NLV and continue living in Spain, that's 100 percent clear now.

According to Del Castro, the Immigration Law "explicitly establishes the requirement, thus overriding any prior interpretations or case law, including the Supreme Court's judgment, which was based on the previous framework".

The 183-day rule exists because the Spanish government want NLV holders to be residents for fiscal purposes and pay their taxes in Spain. Depending on your personal circumstances, if you live here less than 183 days, you aren’t considered to be a tax resident.

In fact, the new regulation also states that at the time of renewal, compliance with tax and Social Security obligations during the permit’s validity will be taken into account.

READ ALSO: 7 must-read articles before applying for Spain's non-lucrative visa

NLV work prohibition clarified

The Spanish government has also made it crystal clear in the legal text of its new Immigration Law that you can’t work while on the NLV. You have to prove you have sufficient economic means through passive income such as rent from a property abroad, savings or a pension.

It’s always been the case that you can’t work in Spain while on the NLV, but there have been many discussions online about this over the years, with many believing it simply meant that you just couldn’t work in Spain. So now, there’s no room for confusion.

“It’s important to note that the prohibition to work is not just in Spain but worldwide”, explains del Castro. This means that you can’t work for a company or clients abroad while on the NLV either.

If you want to be able to do that, you will need to apply for the Digital Nomad Visa or DNV instead. The NLV will not be applicable to you and you’d be breaking the rules.

READ ALSO: What are the differences between Spain's non-lucrative and digital nomad visas?