Spain’s Non-Lucrative Visa and Remote Working

Spain’s Non-Lucrative Visa (NLV) allows non-EU citizens to live in Spain without engaging in any form of work or professional activities. While the NLV is popular among retirees, remote workers often wonder if they can continue working under this visa without being caught.

It’s important to clarify therefore, that Spain’s NLV (also D7) visa is designed for non-EU citizens who wish to reside in Spain without engaging in any professional or commercial activities.

Introduced under Spain’s immigration laws, the NLV requires applicants to demonstrate sufficient financial means to support themselves and any dependents without the need to work in Spain. The legal framework for this visa is outlined in the Ley Orgánica 4/2000, sobre derechos y libertades de los extranjeros en España y su integración social, particularly under the general immigration regime, which specifies the conditions and restrictions for residency in Spain without employment. To apply for this visa, candidates must prove a minimum monthly income for an individual applicant of €2,400 (400% of the Spanish minimum wage). Additional income is €600 per month for each additional family member. These can also be demonstrated by funds on hand in investments and deposits.

Applicants also need a criminal record check, and proof of health insurance in Spain.

This visa has become particularly popular among retirees and individuals who can financially sustain themselves through savings or income generated outside of Spain, and unlike the ‘golden visa’ (which may be under review in any case) it does not require investment or property purchase. It is and want to live here long term: after the first year of residency in Spain, it can be renewed every two years.

Then after 5 years, anyone who wishes can obtain permanent residence. It is also possible to convert the visa to one allowing work in Spain, after at least one year.

But what about remote work?

Spanish law does not explicitly address remote work under the NLV, as it was related to state law created in 2000 (I worked remotely then, but most people did not!)

As such it created a legal grey area, and many people used the NLV to move to Spain and continue to work remotely for businesses outside the country. It was considered that the main rationale for the visa was that the applicant would live in Spain without either taking work from a Spanish person, or requiring support from the state - hence the requirement to prove income, savings, and insurance. And whether that income came from active online activity instead of passively from dividends or pensions, was not really a big immigration concern.

Furthermore, until the introduction of Spain’s Digital Nomad Visa at the start of 2023, there really wasn’t any other pathway to working remotely in Spain.

While Spanish law is clear that NLV holders cannot work for a Spanish company, employer, or start a business in Spain, it remains ambiguous about remote work for non-Spanish entities. This led to inconsistent decisions across different Spanish consulates, with some rejecting applications from remote workers, especially since the COVID-19 pandemic.

However now that Spain DOES have an alternative pathway to immigration for remote workers, recent rulings suggest that authorities may be increasing scrutiny.

For instance, in 2023 a Madrid court rejected a Venezuelan applicant’s NLV because they continued to advertise their professional services online, leading to the assumption that they did indeed intend to continue working remotely in Spain

If you’re considering applying for the NLV and have a history of remote work, be aware that your application might be at risk. Some applicants have found success by providing proof of cessation of work activities, though this documentation often requires formal translation and notarization.

Given the uncertainty and potential risks, remote workers may find Spain’s Digital Nomad Visa (DNV) a more suitable option. The DNV allows non-EU citizens to live in Spain while working remotely, provided they meet similar income requirements

Considering the availability of the DNV, applying for the NLV with the intention to work remotely may not be worth the risk. Instead, opt for the visa that aligns with your work plans and avoids potential legal issues. The income requirements are slightly higher for the DNV than the NLV, but there is already some legal precedent of savings and assets being taken into account in making up shortfalls.

For more details on Spain’s visa options and requirements, talk to our professional partners for confidential and specific advice.

Not every gestor, not even every immigration lawyer, is fully across the nuances and precedents for this recent shift, and you don’t want to risk a rejection on your record, which may be costly in many different ways. There are many visas you can apply for if you want to move to Spain, but they are not all suitable for remote work!

See you in Spain!