Immigration Law in Spain: Expat Guide

Immigration Overview for Spain

Spain is a member of the European Union and the Schengen Area. EU, EEA, and Swiss citizens have the right to live and work in Spain without a visa under the principle of free movement of persons. However, registration with local authorities is required in most cases after 90 days. Non-EU nationals require a visa and/or residence permit depending on their nationality, intended activity, and length of stay.

Schengen Area membership means that a single Schengen visa allows travel across 26 European countries including Spain. However, a Schengen tourist visa does not authorise you to live or work in Spain long-term. A separate national residence permit is required for stays beyond 90 days in any 180-day period.

Main Visa and Permit Categories in Spain

EU/EEA Citizens — Free Movement

EU, EEA (Norway, Iceland, Liechtenstein) and Swiss citizens do not require a visa to enter or reside in Spain. After three months, EU citizens must register with the local municipal authority and obtain a registration certificate. This is a formality but legally required.

Temporary Residence Permit

Non-EU nationals intending to reside in Spain for more than 90 days must apply for a temporary residence permit — Tarjeta de residencia / NIE + Padrón. The application process varies by nationality and purpose (employment, family reunification, study, passive income). EU citizens also require a registration certificate after 90 days.

Work Authorisation — EU passport (free movement) or Golden Visa / Digital Nomad Visa

EU citizens have the automatic right to work in Spain without any additional permit. Non-EU nationals who wish to work in Spain must obtain work authorisation. The main route for qualified professionals is the EU passport (free movement) or Golden Visa / Digital Nomad Visa. Requirements typically include: a job offer or employment contract from a Spain employer, proof of relevant qualifications, and meeting a minimum salary threshold.

Digital Nomad Visa

Spain offers a Digital Nomad Visa for remote workers employed by or providing services to companies outside Spain. This allows you to live legally in Spain while working for a non-Spain employer. Requirements typically include proof of remote employment or freelance contracts, minimum monthly income threshold, and health insurance.

Passive Income / Retirement Visa

Non-EU nationals with sufficient passive income (pensions, investments, rental income) can apply for a long-stay visa on passive income grounds. Proof of income above a defined threshold and private health insurance are standard requirements.

Step-by-Step Application Process

1. Determine the right visa category — based on your nationality, employment status, and intended activities in Spain. An immigration lawyer can confirm the correct route.
2. Gather documents — typically: valid passport, passport photographs, proof of accommodation in Spain, health insurance, financial proof (bank statements 3–6 months), criminal record certificate (apostilled), employment contract or income proof.
3. Apply at the Spain consulate in your home country (for entry visas) or at the immigration authority in Spain (for in-country permit applications).
4. Attend biometrics appointment — most applications require fingerprints and photographs at a designated centre.
5. Wait for processing — standard processing is 30–90 days; priority processing may be available for an additional fee.
6. Register locally — once your permit is approved, register with the local municipality to obtain your local identity number.
7. Obtain your local tax number — required for banking, property purchase, and employment in Spain.

Document Requirements and Apostilles

Documents issued outside Spain must generally be apostilled under the Hague Apostille Convention (if your country is a signatory) or legalised through your country's foreign ministry plus the Spain embassy. Additionally, all documents not in Spanish must be translated by a sworn translator recognised in Spain.

Key documents almost always required:

• Valid passport (minimum 6 months validity beyond intended stay)
• Birth certificate (apostilled and translated)
• Criminal record certificate from your country of residence (apostilled, usually dated within 3–6 months)
• Proof of health insurance valid in Spain
• Evidence of accommodation (lease agreement or property deed)
• Bank statements or proof of income meeting the threshold

Immigration Costs

Common Mistakes to Avoid

• Overstaying your 90-day allowance — this creates a serious immigration record and can jeopardise future applications
• Applying in the wrong category — each visa type has specific eligibility criteria; the wrong application wastes time and fees
• Submitting documents without apostille — one missing apostille can result in rejection
• Not registering locally — failure to register with the municipality can create problems with banking, healthcare access, and tax compliance
• Working on a tourist/passive income visa — illegal working can result in deportation and a ban on re-entry

Frequently Asked Questions