The problem with the renewal of the non-lucrative visa
As you may already know, the non-lucrative residence is one of the most popular residence cards in Spain, which allows the foreigner to live in the Spanish territory without being able to work.
Generally speaking, it is the permit requested by all those non-EU citizens who possess enough money in the bank not to work in Spain, or decide to retire in the country and receive a pension, etc.
Thus, we are talking about an initial card for 1 year (hence it is known as a temporary non-lucrative residency), which once finished must be renewed.
And here we find a small drawback.
Due to the fact that the renewal of the non-profit residency will be for a 2-year card (instead of just 1), the most important requirement, which is to demonstrate sufficient economic funds, will be duplicated.
Thus, for many people accessing this residency can be complicated due to the minimum funds that are required, as for the renewal this requirement is even more complicated.
However, keep reading until the end of this post, since there we will talk about a very useful option to avoid this economic funds requirement: modifying to a work permit.
Requirements to renew the non-profit residency
The requirements for the renewal of this permit are the same as for the initial application, with the only difference being the increase in the economic funds to be demonstrated:
- First, you will have to prove that you have stayed in Spain for at least 183 days per year, hence becoming are a resident
- You demonstrate that you possess the same amount of economic means, but in this case, as you will be renewing for 2 years, we are talking about 800% of the IPREM. During this year the IPREM is 600€ for one month; therefore you will have to prove € 57.600 for the two years.
- Hire private medical insurance with co-payments, and provide equal coverage to that provided by the Spanish public health system
- No criminal records or expulsion orders
- In the case of having relatives with you, you will have to also demonstrate an extra 100% of the IPREM
- If you live in Spain with your minor children, they must be schooled
- Finally, you must not have any debts with Social Security or the Tax Agency
In addition, you must make this application through the EX-01 form (which you can download here), and pay the corresponding administrative fee, in this case the 720/052 fee, which is approximately 16€.
When should you start the procedure?
Whichever path you choose, the renewal or modification of the non-profit visa must always be started within 60 days before the expiration date of your physical card or TIE.
However, it is also completely possible to renew during the 90 days after the expiration of the card; although this could initiate a sanctioning procedure.
Thus, our recommendation is that you do it during the previous 2 months and avoid legal problems.
Step by step process to renew the non-lucrative visa
We can divide the non-lucrative residency renewal process into two main steps: the submission of your application, and the renewal of the TIE or physical resident card.
Step 1: Submit all the documentation
First of all, you will have to prepare all the documentation that we have seen in the requirements section, and send it to the immigration office online.
The fact of being able to do this step via the internet is a great advantage, since it speeds up the process and allows you to obtain a much more immediate response.
However, in order to avoid delays and a successful application, we recommend that you prepare all the documentation meticulously and make sure you are not missing any document, so here it can be key to have the help of an expert immigration lawyer. Otherwise, you will face the possibility of a rejection of your application.
Once you submit all the documentation, the administration has a maximum of 3 months to issue a response.
In the event that this time has passed and you have not received any notification, your application will be considered approved by positive administrative silence.
Step 2: Renewing your TIE
Once the application has been approved, you must then visit the immigration office that corresponds to you according to your address (the closest one) to process your new card or TIE.
To do this, the first thing you will need to do is to make an appointment, which you can do here.
Again, this phase is not free of requirements. On the day of the appointment you will need to bring the following:
- Proof of payment of the 790/012 fee, which you can download online and pay at any bank
- Complete passport and copy of all its pages
- City hall registration (empadronamiento)
- 3 passport photos, with white background
- Your current TIE or residence card (the one that is about to expire)
- Letter of successful resolution of your non-lucrative residency renewal
- TIE application form, model EX-17
Once you have submitted all this documentation, your fingerprints will be registered again and you will be given a provisional document that will serve you until you can pick up your physical card again (which will usually take another month).
Moving to a work permit (instead of renewing)
As we mentioned at the beginning of this post, there is an alternative (often really useful), which will allow you to avoid having to prove double the economic means for the renewal, and will even grant you the ability to work legally in Spain (something that the non-profit visa does not do).
So instead of renewing the non-lucrative visa you can make a modification towards a work permit, being able to obtain this right to work in a much easier way than if you would apply for it from 0 in your country of origin.
In that sense, here you have two options: moving to an employed or self-employed work permit.
*The spouse could also renew his/her non-lucrative residence or modify to work permit.
Modification to an employee work permit
First of all, and as long as you find a job offer, you may be able to change your non-profit residency to an employed work permit.
This modification will allow you to start working for a company located in Spain.
However, the contract offered (key in this procedure), must be for at least 1 year, full time (40 hours per week), and with a salary equivalent to or higher than the minimum wage (whatever the sector you are working in).
In this case, the modification is made through form EX-03.
Modification to a self-employed work permit
On the other hand, if you have your own business project (you want to set up a company) or register as self-employed to offer your services as an independent professional (called “autónomo” in Spanish), you can change from a non-lucrative visa to a self-employed work permit.
In this case, you must present a perfectly developed business plan detailing all the activities you have in mind, which must receive a viability certificate from the Association of Self-Employed Workers in Spain.
In addition, you must provide sufficient financial means to support your professional activity, as well as your CV and professional/academic profile to demonstrate that you can meet the demands and challenges of this new activity.
The application for modification to self-employment must be made through form EX-07.
From non-lucrative residence to long-term residence
Finally, we must take into account that the non-lucrative residence allows you to stay in Spain on a long-term basis, and that it can be the gateway to long-term residency.
Thus, if you are complying with all the renewal requirements we have seen in this post, the usual path is usually the following:
- You enter Spain with your initial non-lucrative permit for 1 year
- At the end of this year, you renew for 2 additional years
- After these 2 years (you have already been in the country for 3 years), you can renew once again, meeting the same requirements
- You will then have been a legal resident in Spain for a total of 5 years, which gives you the right to become a long-term resident
And if you have any other questions or would like our team of lawyers to help you out with your application for renewal, please get in touch!
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