Do you already hold a Non-Lucrative Residence Permit in Spain? As you know, its initial validity is of one year, starting from your entrance into Spain. After this first year, it can be fairly easily renewed, or modified into a residence and work permit if you find an employer in Spain or if you wish to start a business in Spain. We wish you to be able to consider all the possibilities, and for that reason we have prepared this short summary for you, stating the main requirements and features of both procedures.
Renewal of the Non-Lucrative Residence Permit
The application has to be presented within 60 days before the expiration of your current Foreigner Identity Card, or within 90 days after its expiration (however, in this last case, you can receive a fine for presenting the application out of time, though we have never seen a case where this happened).
The application can be submitted digitally and addressed to the corresponding Immigration Office. The Immigration Office legally has 3 months to resolve the application. In case of an approval, you will have to apply for your new Foreigner Identity Card.
In order to be able to renew your Non-Lucrative Residence Permit, you have to accredit that you still dispose of a health insurance for Spain and have sufficient financial means for your maintenance in Spain (2.151,36 €/month per the main applicant, and 537,84 €/month for each accompanying family member).
- Since the renewal is granted for 2 years, in case you cannot accredit the reception of periodical income, you will have to accredit that you dispose of the aforementioned amounts for 2 years (51.632,64 € for the main applicant, 12.908,16 € for each accompanying family member).
If your accompanying family members are your children, you will have to prove that they are enrolled in a School.
If your spouse accompanies you, you will have to present an updated marriage certificate, issued within 90 days before the application.
Have you found an employer in Spain or do you wish to start your own business in Spain?
In case you have been in Spain during at least 1 year on a Non-Lucrative Residence Permit, and you have found an employer willing to employ you, you will be able to apply for the modification of your Non-Lucrative Residence Permit into a Residence and Work Permit as an employee:
- The application has to be presented by the employer, who has to be registered with the Spanish Social Security system and be up to date with their tax and Social Security obligations.
- Along with other required documents, the application must contain an employment contract signed by the employer and the employee, that guarantees the employee a continuous employment during the period of validity of the authorization to reside and work. The hiring date must be conditioned on the moment of effectiveness of the residence and work authorization. The conditions established in the employment contract must be adjusted to those established by current legislation. If the contract is part-time, the remuneration must be equal to or higher than the minimum inter-professional salary for full time and in annual calculation.
- The employee will have to accredit the possession of adequate training, and, if needed, professional qualifications legally required for the exercise of the profession.
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In case you plan to start your own business in Spain, after having resided here for at least 1 year on a Non-Lucrative Residence Permit, you can apply to modify your residence permit into a Business Activity Residence Permit:
- You will need to comply with the legal requirements for the opening and operation of the planned activity you wish to perform, as well as holding the required professional qualifications or proof of having experience to carry out the activity. Furthermore, you will need to accredit a sufficient investment.
- For this application, along with other required documents, you will have to present a Business Plan.
In both cases, the application can be presented within 60 days before the expiration of your initial Foreigner Identity Card, or in case you have already renewed it, it can be presented anytime, as long as your Non-Lucrative Residence Permit is in force. The Immigration Office has 3 months to resolve it and, in case of an approval, you will have to register with the Spanish Social Security and apply for your Foreigner Residence Card.
At Lexidy we can assist you with all the steps of the application for the renewal of your Non-Lucrative Residence Permit, or for its modification into a Residence and Work Permit. Get in touch with us and see what we can do for you. We are eager to help you, if your intention is to prolong your stay in Spain.