Visas to stay in Spain more than 90 days (for non-EU nationals)

If you are considered a UK / Non-EU national or resident after 1st January 2021 and wish to spend more than 90 days in Spain in any given 180 days,  it will be necessary to apply for a residency visa.  In most cases, the application should be presented to the Spanish consulate in your country of origin.  Below, we list the types of visas that are available to apply for:

Below we have translated a section of article 25 in the ‘Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de
los extranjeros en España y su integración social’.  (The written legislation that dictates immigration law for non-EU nationals in Spain

Article 25 cont.. Types of Visa.

  1. Foreigners who intend to enter the Spanish territory must be provide visa, validly issued and in force, attached in your passport or travel document or, where appropriate, in a separate document, except as provided for in Article 25 (2) of this law.
  2. The visas referred to in the preceding paragraph shall be of one of the following types:

 

(a) Transit Visa, enabling a person to transit through the international transit area of a

Spanish airport or to cross Spanish territory. It shall not be enforceable to obtain such

visa in cases of transit of a foreign national for the purpose of repatriation or removal

requested by a member state of the European Union or by a third state

which has signed an international agreement with Spain on this matter.

 

(B) Visa of stay / Tourist Visa, enabling for an uninterrupted stay or successive periods for a period or sum of periods the total duration of which does not exceed three months per semester (180 days) from the date of the first entry.  This type of visa is not required (or is actually waivered) for UK nationals

 

 (c) Residence Visa, which permits residence without employment; or professional activity.  Also known as a Non-Lucrative visa

 

(d) Residence and work visa, enabling entry and stay for a period maximum of three months and for the commencement, within that period, of the employment or professional activity which the work visa would have been previously authorized for. During this time the affiliation

of the worker in the Social Security system must occur, which will make the work and residence permit effective, whether it be for a self-employed worker or worker contracted by a company.  If the 3-month deadline elapses without social security affiliation taking place, the

Foreign national will be obliged to leave the national territory, otherwise committing the infringement referred to in Article 53 (1).(a) this act.

 

(e) Residence and seasonal work visa, enabling you to work on a freelance basis up to nine months in a period of twelve consecutive months.

 

f) Study Visa, which allows you to stay in Spain for the realization of courses, studies, research or training, student exchanges, internships, non-work or volunteer services, but not paid labour.

 

g) Research visa, which enables the foreigner to stay in Spain to carry out research projects within the framework of a host agreement signed with a research body.


 

RESIDENCE PERMIT IN SPAIN FOR NON-EU FAMILY MEMBERS OF A EUROPEAN UNION RESIDENT

It is also possible to apply for a visa which entitles family members of EU nationals to join them in Spain on a permanent basis.  You will need to prove that the EU relative has a sufficient amount of funds and /or a work contract, plus documentation to prove your link to the person.  You can be a direct relative (Civil partner or spouse),  a descendant (child) or the mother or father of an EU national.

 

If you wish to pursue any type of visa listed, get in touch with us HERE and we can advise on the best route to take.

*this article will be updated regularly as changes to the legislation occur and when new information comes to light.  Be sure to check back to see new updates.

 

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