ENCANTADA - BESPOKE RELOCATION & EXPAT SERVICES

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Your Path To Spain: A Residency Guide For Non-EU Citizen

Spain is renowned for its exquisite landscapes, diverse cultural heritage, and delectable cuisine. It is no wonder that many non-EU citizens dream of living in Spain and experiencing the Spanish way of life. However, obtaining residency in Spain can be daunting and confusing, with many bureaucratic hurdles.

This guide aims to help non-EU citizens navigate the residency process in Spain, providing helpful information and tips to make the journey as smooth as possible. So, let's begin your path to Spain!

Types of Residency Permits

Several types of residency permits are available in Spain, depending on your stay's purpose and circumstances. The most common ones are:

1. Non-Lucrative Residence Permit

This permit is for those not planning to work in Spain but have sufficient financial means to support themselves and their dependents. The applicants must show proof of income or savings to cover their living expenses in Spain.

2. Student Residence Permit

This permit is for those who want to study in Spain. Prospective candidates must register at an accredited academic institution and provide evidence of adequate financial resources to cover their educational fees and personal living costs.

3. Work Residence Permit

It is a residency permit issued to non-EU citizens who want to work and reside in Spain. The acquisition of this permit is deemed imperative for individuals who intend to prolong their stay in Spain beyond the 90-day limit and participate in any form of employment. 

With this permit, non-EU citizens can legally work and reside in Spain and enjoy all the benefits of living there.

4. Entrepreneur Residence Permit

This permit is for those who want to start a business in Spain. To be eligible for this permit, applicants must have a viable business plan and sufficient financial resources to support themselves and their businesses. 

They must also meet specific requirements, such as having an excellent legal record and obtaining the necessary permits and licenses for their business.

5. Family Residence Permit

This permit is for those with a family member who is a Spanish citizen or a legal resident in Spain. The applicants must prove their family relationship and show sufficient financial means to support themselves. This permit is granted to spouses, children, parents, and other family members of EU citizens who wish to join them in Spain.

Requirements For Residency Permits

The requirements for residency permits in Spain vary depending on the type of permit. However, some general conditions apply to all kinds of visas:

1. Passport

A passport is required for non-EU citizens who wish to obtain a residency permit in Spain. It is a travel document issued by the country of citizenship, which serves as proof of identity and nationality. This is essential when applying for a residency permit in Spain because it provides evidence of the applicant's home country and citizenship status.

The Spanish authorities require this document to verify that the applicant is a legal resident of their home country and has permission to travel and reside in Spain. Therefore, non-EU citizens must have a valid passport before starting the residency permit application process in Spain.

2. Criminal Record

Individuals seeking to live and work in Spain from countries outside the European Union must submit a certificate of criminal record from their country of origin or any country where they have resided for more than six months. 

This stipulation aims to guarantee that individuals bestowed with residency permits do not possess a criminal record that could potentially jeopardize the safety and security of Spanish society.

Not all criminal records will automatically disqualify an individual from obtaining a residency permit, as each case is evaluated on a case-by-case basis. However, serious offenses such as drug trafficking or terrorism-related crimes could result in denying the residency permit application.

3. Proof of Financial Means

You need proof of sufficient financial means to support yourself and any dependents. This can be in bank statements, income tax returns, or other financial documents.

4. Spanish Language Proficiency

You need to prove your proficiency in Spanish. This can be done by taking a language test or providing a certificate from a recognized language school.

Application Process

The application process for residency permits in Spain can be lengthy and complicated. Here are the general steps:

1. Obtain The Necessary Documents

You must obtain all the required documents, such as a passport, criminal record, medical certificate, and proof of financial means.

2. Apply For A Visa

The acquisition of a visa may be a prerequisite for entry into Spain, contingent upon the country of origin of the individual in question. Visiting the Spanish embassy or consulate nearby can initiate the visa application process.

3. Apply For A Residency Permit

Once in Spain, you must apply for a residency permit at the nearest immigration office (Oficina de Extranjeros). All necessary documentation must be submitted, and the application fee must be remitted.

4. Wait For Approval

The processing time for residency permits can take several months. You will receive a notification once your application is approved.

5. Obtain The Residency Permit

Once your application is approved, you need to obtain the physical residency permit at the immigration office.

Renewal And Permanent Residency

Typically, residency permits in Spain have a one-year validity period and necessitate annual renewal. The renewal process resembles the initial application, necessitating the submission of updated documentation and payment of the renewal fee.

Individuals can apply for a permanent residency permit upon completing a continuous five-year residency in Spain. This permit grants the holder the right to reside and engage in employment activities in Spain without any time limit, thereby preventing the need for annual passport renewal. 

To obtain a permanent residency permit, you must show proof of sufficient financial means, a clean criminal record, and a good knowledge of Spanish culture and society.