What is the Non-Lucrative Visa (NLV)?

The “Golden Visa” scheme was introduced by Sections 63 to 67 of the Law 14/2013, of September 27, on Support for the Entrepreneurs and their Internationalization. This scheme, linked to the realization of certain investments, the acquisition of real estate or the implementation of some business projects, was repealed by the Organic Law 1/2025, of January 2, on Measures regarding the Efficiency of the Public Justice Service, starting April 3. Although this Organic Law 1/2025 does not explain or justify the reasons for this repeal of the “Golden Visa” scheme, unlike what the Law 12/2023 that introduced it did it, it is already a fait accompli. A fait accompli that invites us to examine whether there are any alternatives to the this scheme and, if so, what they are, so that foreign citizens who wish to reside in Spain can enjoy the historical, economic or cultural opportunities it offers.

These alternatives, however different their scope and content may be, are: firstly, the Non-Lucrative Visa; secondly, the Visa for Self-Employed Entrepreneurs; and thirdly, the Visa for Digital Nomads (DNV). Let’s start then with the first of these alternatives, the Non-Lucrative Visa, as the first part of a trilogy in which I will also address the other two. So, to begin with I will point out that this type of visa is regulated by the Organic Law 4/2000, of January 14, on the Rights and Freedoms of Foreigners in Spain and their social Integration, and its implementing regulations. It is a residence permit aimed at people who, not belonging to any country of the European Union, have enough economic resources to live in Spain without the need to apply for a working visa. It can be granted not only to the applicant, but also to to his or her immediate famiy, spouse, common-law partner or dependent children.

Where Can I Apply for it?

The NLV must be requested at the Spanish consulate in the applicant’s country of origin or legal residence, or, in case there is not a consulate in either country, at the nearest one. Sometimes the interpretation of current regulations may vary slightly from one consulate to another, and this can cause some alarm among the applicants, as some of them have told me on occasion. But this variation may be due, rather than a discretionary interpretation of those regulations, to an excesive workload of the consulate in question or a lack of resources to properly process the numerous applications submitted to it. Be that as it may, the application must be made outside of Spain, not inside of it, where the applicant should never entered with a tourist visa and then apply for it from the Spanish territory.

What Documents do I Need?

Applicants must submit, in accordance with the regulations on inmigration, the following documents, accompanied by the Form EX01 and paiement of the corresponding fee:

• Passport or Travel Document valid for one year.
• Criminal Record Certificate issued by the authorities of the country of origin or residence where the applicant has lived the last five years.
• Proof of sufficient financial means.
• Health Insurance with an authorized insurance company in Spain.
• Medical Certificate confirming that the applicant does not suffer from any illness that could seriously affect public health.
• Tenancy Agreement or Invitation Letter from a resident in Spain.

Although all these documents are important, the most important of all is undoubtedly having sufficient financial means to cover the maintenance and living expenses of the applicant and his/her dependents. In this regard, the minimum amounts required are as follows:

• Personal Support. The applicant must provide proof of a monthly amount equivalent to 400% of the Public Multiple-Effect Income Indicator ( IPREM, in Spanish), about € 2,400.00, either in euros or its equivalent in a foreign currency.
• Family Support. For each family member, the applicant must provide proof of an additional amount equivalent to 100% of the IPREM, about € 600.00, either in euros or its equivalent in a foreign currency, as in the previous case.

But, how can the financial availability of these amounts be proven?. The financial availability of these amounts, which must cover the full period of validity of the requested authorization, can be proved through any of the following documents:

• Bank certificate proving the account status for the last twelve months, including both the average
  balance and the current balance.
• Title deeds to real estate that generate regular income.
• Certified checks or credit cards accompanied by a bank certificate proving the available balance.
• Company shares backed by a certificate from the company and an affidavit from the applicant stating that he or she is not involved in labour activities within the entity.
• Retirement pension sourced from the State Pension, workplace pensions or personal pensions, providing a regular payment upon reaching the retirement age.

What Benefits do I Get?

• Granting of an initial non-lucrative residence for a period of 1 year from the date of entry into Spain. After this stage, the renewal can be extended twice for 2 years each, and upon reaching the third stage it is possible to apply for a long-term residence. Each year counts toward the total number of years required to obtain the Spanish nationality.
• The acquisition of the Spanish nationality, for which foreigners must live in Spain for a continuous period of 10 years. Yet this period may be reduced to 2 years for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal.
• Free movement within the Schengen Area, comprising 29 countries, including 25 EU member states and 4 non-EU states, that have abolished internal border controls for free movement of people. If the applicant has previuosly been expelled from a Schengen Area member country and the entry ban remains in force, then he/she will not be ablre to obtain a NLV.

Disclaimer. Anything posted in this Blog is for general information and it is not intended to provide legal advice on any general or specific matter. If you are a foreign citizen who does not belong to an EU member country and is interested in this topic, you can contact Avco Legal any time.

Antonio Viñal
Lawyer
AVCO Legal (with offices in Malaysia and the Philippines)
madrid@avco.legal