Temporary residence permit in Spain

If you are looking to stay in Spain for more than 90 days, then you must apply for a temporary residence permit. This will allow you to live (and in some cases to work) in the country, and keep renewing until you finally obtain permanent residency. In this article, we will explore everything you need to know about applying for temporary residency in the Spanish territory, including all your different options, a step-by-step process, and other useful tips.

What is a temporary residence permit in Spain?

 

A temporary residence permit is a residence authorization granted to non-EU citizens (as EU nationals don’t need to apply for one) that allows them to legally live and even work in Spain if they are staying in Spain for more than 90 days. 

Hence, its application is required in case you are looking to move and start your new life in Spain in order to gain your legal status in the country. 

As opposed to permanent residency, which is obtained after 5 years in Spain as a legal resident, temporary residency can be granted for 1, 2, or even 3 years; and can be renewed after reaching a total of 5 years, after which the foreigner can apply for PR.

There are several temporary residencies in Spain, and depending on your plans in Spain and profile/current situation, one would be a better fit than the other. Hence, the first step is understanding all your different options, which are its requirements, and then defining which residency suits you best. 

Once that is complete, you will have to start the application process, which, as we will see, involves several steps and requires providing a certain amount of documents.

Let’s explore all this in greater detail.

 

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Types of temporary residence permits for Non-EU Citizens

 

As we mentioned in the above section, in Spain, there are several types of temporary residence permits for non-EU citizens. Next, we have listed some of the most popular options, while also including their main requirements. 

This will help you understand what the right option is for you, and what you must make sure to meet in order to enjoy a successful application.

 

Non-lucrative visa (non-profit visa)

 

Do you have sufficient financial means (over 30.000€) and are not planning to work in Spain? Then the non-lucrative visa, also called non-profit residency, will be your best option.

It must be applied for from your country of origin (not from Spain), and it will grant you the right to live in Spain for 1 year, with the possibility of renewing for an extra 4 years (2+2) before applying for permanent residency.

Just by hiring private health insurance and demonstrating the beforementioned funds in your bank account will be enough to start your application.

 

Digital nomad visa

 

Are you a freelancer or contractor with clients outside Spain, or are you employed by a foreign company, but looking to work remotely from Spain? Then the digital nomad visa is for you.

It will allow you to live in Spain for 3 years (plus renewals), it offers a fast-track application in just 20 labor days, and can be applied for directly from Spain.

Besides, if you come as an employee, you will enjoy important tax benefits thanks to being able to benefit from the Beckham Law.

You can learn more about the DNV requirements here.

 

Student visa

 

Those non-EU citizens looking to start higher education (degree, master’s, phd), health-related courses, or Spanish language courses can apply for a student visa in Spain.

In case you are in the higher-education group, you can even work up to 30 hours per week, and apply directly from Spain as a tourist.

 

Entrepreneur visa

 

If you are looking to start your own innovative business idea in Spain, you can apply for a 3-year entrepreneur visa.

Here, authorities need to verify that the business idea does not already exist in the market, it involves a high level of technology, and will generate employment in Spain.

And all this is done through the submission of a detailed business plan.

 

Highly qualified work permit

 

Foreigners who have obtained a job offer with a high enough salary (over 40.000€) to work for a company in Spain will be able to obtain a 3-year work permit called HQV, which is much easier to obtain than the regular one.

There are 2 profiles who can benefit from this permit, provided that they have higher education or at least 3 years in a similar role, and the salary meets the minimum requirement:

• Managers who will lead a team
• Workers in a technical position, such as architects or software developers

 

Regular work permits in Spain: employed and self-employed options

 

If your goal is to live and work in Spain but you do not qualify for the entrepreneur visa or the highly qualified visa, you can apply for a regular work and residence permit. There are two main types:

• Employed work permit (por cuenta ajena): for foreigners with a valid job offer from a Spanish company. The employer applies on your behalf, and once approved, you can live and work in Spain for one year (renewable).

• Self-employed work permit (por cuenta propia): for those starting a business or working independently. You’ll need a solid business plan, proof of funds, and any required licenses.

Both permits grant legal residence, access to healthcare, and renewals that can lead to permanent residency after five years.

 

Arraigo residency

 

Those who have overstayed their 90 days as a tourist and have not obtained a valid residence permit, can apply for any of the different residency under exceptional circumstances or arraigo. All but the arraigo familiar require you to have been in Spain for at least 2 years, something you can demonstrate, for example, with your empadronamiento.

Here you can access a complete guide with all your arraigo options.

 

Step-by-Step application process of temporary permit

 

The application process to apply for temporary residency depends entirely on the residency option you are applying for. Nevertheless, what’s next is a general overview of the typical steps you will have to go through as a foreigner:

1. Assess your situation, review your options, and choose one. The first step involves understanding which is the right permit for you and choosing the one that allows you to meet its requirements and to accomplish your goals in Spain. 
2. Then, you will have to prepare and gather all the required documents to be submitted. Even if you are going to apply directly from Spain as a tourist, you must start with this step beforehand, as some documents do expire, and doing some planning beforehand is essential to have everything ready at the application time.
3. In case you are applying from your country of origin/residence at the Spanish consulate or embassy, you will have to make an appointment, and on the appointment day, attend in person with your complete file and submit it.
4. If you are applying from Spain as a tourist, you will have to travel to the country after obtaining a Schengen visa, and then submit your application online from Spain.
5. In either case, you will have to wait until the administration gives you a response, which can take between 20 labor days and up to 3 months (depending on the permit, the waiting times can differ).
6. If you applied at the consulate, you will have one month to travel to Spain and enter the country.
7. Register at the city hall to obtain what’s called “empadronamiento”.
8. Make an appointment at the police station to register your fingerprints. Here you will have to pay an extra (but small) fee, and provide passport-size photos.
9. After 30-40 days, come back to pick up your physical residency card (TIE). And the process will be complete!

 

Temporary residency and work permit exemption

 

Not every foreigner needs a work permit to live or even work temporarily in Spain. Spanish immigration law includes several cases of exemption that make it easier to obtain or maintain legal residence without the usual work authorization.

Who can benefit from this exemption?

Certain groups of foreigners are allowed to live or work in Spain without needing a separate work permit. This includes:

• EU and EEA citizens, as well as Swiss nationals, who enjoy full freedom of movement and employment in Spain

• Family members of EU citizens holding a residence card as relatives of a Union citizen

• Researchers, professors, and scientific staff temporarily carrying out activities under programs approved by Spanish institutions

• Artists, technicians, and professionals who come for short-term cultural, artistic, or academic activities (usually under 90 days)

• Executives or specialists relocated within the same multinational company under intra-company transfer permits

• Foreign journalists accredited in Spain to carry out professional duties

Understanding whether you qualify for a work permit exemption can save you time, paperwork, and even legal issues. In many cases, you can legally reside or work with a simpler procedure — often by notifying or registering your activity rather than applying for a traditional work authorization.

FAQs about the temporary residence permit in Spain

 

Let’s now answer some of the most frequently asked questions we get from our clients regarding their temporary residency application in Spain. 

 

Can I apply if I’m already in Spain on a tourist visa?

 

It depends. As long as you meet the requirements to apply for any residency under the Entrepreneur’s Law (like the highly qualified visa, digital nomad visa, or entrepreneur visa), the application can be carried out directly from Spain as a tourist. Nevertheless, bear in mind that you will certainly have to start preparing all documents before traveling to Spain, as many of them (like the criminal records certificate) may take some time to obtain.

Besides, if you are going to study higher education or a course within the health field, you can also apply for a student visa directly from Spain on a tourist visa. 

And if you qualify as the family member of an EU citizen, this is also an option.

 

Is the application process different for retirees or digital nomads?

 

 The general process is the same for all temporary residency permits, but there are certain differences for the 2 applicant profiles:

• Retirees, who are going to apply for a non-lucrative visa, must start their application from their country of origin at the Spanish consulate, and it will be the immigration office that reviews their application. This will also imply that the waiting time for the resolution is longer, from 3 to 5 months approximately.
• On the other hand, digital nomads will submit their application at the UGE (not against the immigration office), as this temporary residency option is under a different law. This enables them to submit their application directly from Spain as a tourist, and even enjoy a fast-track application in just 20 labor days.

 

What happens if my application is denied?

 

If your application is denied, not all hope must be lost. There are 2 paths you can embark on, depending on the denial reason:

• If your application got denied due to a mistake made by the public worker who analyzed your application (but you actually met all requirements), you can submit a reconsideration appeal so that the immigration office can review the application again and finally issue a positive response. 
• In case you made a mistake (for example, missing a certain important requirement or document), chances are you will have to submit again a new application, or try applying for another type of residency.

You can learn more about what to do if your residency application got rejected in this other guide.

And, if you need personalized legal advice from our expert immigration team to help you find out which is the right temporary residency for you, plus get step-by-step guidance to enjoy a successful application, book your appointment now and get started today: