A tourist or Schengen visa grants the right to stay in Spain 90 days out of every 180 days. To extend this period, the applicant has to request a permit. A variety of permits exist, depending on the applicant’s needs (working permit, non-lucrative residence permit, student visa) and personal circumstances (existence of EU relatives, economical means). In this post we will summarise the options to extend the stay, once the applicant is already in Spain.
Please note that there are some other procedures that would be applicable if the applicant is still in the country of origin, like the Family Reunification process, in case of which a non-EU resident in Spain applies for a close relative to join them.
As a Family Member of an EU citizen
If the applicant falls within one of the following categories, they are eligible for a Residence Card for Family Members of EU Citizens, which would grant them the right to work and reside in Spain. The EU citizen must be a resident in Spain.
- Being a spouse, or registered partner.
- Being a descendant of the EU citizen, younger than 21 years old, or descendants of the spouse or registered partner. Descendants who are older than 21 years must accredit that they depend economically on the EU citizen or their partner, or are subject to legal incapacity.
- Ascendants of the applicant or of the spouse or registered partner, if they depend economically on the applicant (this dependency is difficult to accredit, and these kinds of applications are usually denied by the Immigration Office)
As a Highly Qualified Professional as per Law 14/2013
This work and residence permit in particular allows the applicant to apply while they are legally in Spain. It is foreseen for directors and managers, as long as the salary would be no lower than 54.142€ yearly, and technicians, intellectuals and scientific professionals, if the salary would be 40.077€ or higher yearly. Such amounts would be lowered by 25% if the company is within a strategic sector, or if the employee is younger than 30 years old at the time of the application.
As a student
To obtain a Student Visa (which would not grant the right to work, but a simple allowance for part time working, upon request), the main requisite is being registered with a Spanish educational institution, public or private. Previously, this permit could be requested only in the country of origin, but now the student can apply for it while being legally in Spain, as long as the application is presented at least one month before their current permit’s expiration date. It is not considered a residence permit.
As an intern or trainee
If in the last 2 years the applicant has finished higher education studies, or is still pursuing them, an internship residence permit can be obtained, upon obtention of an internship contract with a relevant employer. The job position must match, in terms of subject and qualification, the qualifications obtained in the relevant higher education studies.
As an investor
If someone purchases a property in Spain for at least 500.000 € without charges or encumbrances, the buyer and their family can apply for a Golden Visa. The price cannot include taxes or expenses of attorneys or real estate experts. There are also other types of investments that can be made in order to obtain a Golden Visa (invest 2 million € in Spanish debts; invest 1 million € in Spanish companies, stocks; deposit 1 million € in a Spanish bank account).
Through Family Rooting
If the applicant is a child of a Spaniard of origin, or parent of a Spanish minor, they can apply for a residence and work permit.
How can Lexidy help me?
At Lexidy we can assist you through all the steps of the application for the obtention of a residence or stay permit in Spain. Get a free consultation and see what we can do for you.