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Types of Residency in Spain

Types of Residency in Spain Publicado: 05-02-2025

If you are considering moving to Spain, it is essential to understand the different types of residence permits, their requirements, and the application process. At Gentile Law, we specialize in immigration law and guide you through every step to ensure a smooth and hassle-free process.

What Is a Residence Permit and Who Needs One?

A residence permit is an administrative authorization granted by the Spanish government to nationals of third countries (outside the European Union, European Economic Area, or Switzerland) to reside in Spain for more than 90 days. It is different from a stay permit, which is granted for short-term purposes such as studies or extended tourism.

Citizens of the EU, EEA, and Switzerland do not need a residence permit but must register in the Central Register of Foreigners if they plan to stay in Spain for more than three months.

Types of Residence Permits in Spain

1. Temporary Residence

Temporary residence allows foreigners to stay in Spain for more than 90 days but less than five years. Common types include:

  • Non-lucrative residence: For individuals with sufficient financial means who do not need to work in Spain. Requires proof of income exceeding 400% of IPREM and health insurance. Initially granted for one year, renewable for two-year periods.
  • Residence for employment (employee status): For those with a formal job contract from a Spanish employer. Initially valid for one year, renewable for two-year periods.
  • Self-employed residence: For entrepreneurs starting a business in Spain. Requires a viable business plan, financial solvency, and necessary licenses. Initially valid for one year, renewable for two-year periods.
  • Stay for studies: Not a residence permit but a stay authorization for students, interns, or volunteers. Duration depends on the academic program and can be extended.
  • Highly Qualified Professional (HQP) Residence: For professionals in technical or managerial roles hired by Spanish companies. Issued under Law 14/2013 for an initial three years, renewable for two-year periods.
  • Intra-company Transfer Residence: For employees transferred within the same company to a Spanish branch. Maximum two years, renewable.

2. Long-Term Residence

Granted to foreigners who have legally and continuously resided in Spain for at least five years. Provides rights similar to Spanish citizens in employment and public services.

Requirements include proof of sufficient financial means and no criminal record. Additional conditions may apply depending on the applicant’s case.

3. Residence for Humanitarian Reasons

Granted in exceptional cases, such as:

  • Victims of serious crimes (e.g., human trafficking).
  • Asylum seekers under subsidiary protection.
  • Individuals with severe illnesses requiring medical treatment in Spain that is unavailable in their home country.

General Requirements for a Residence Permit

Applicants must meet the following requirements:

  • Not be a citizen of the EU, EEA, or Switzerland.
  • Not be in an irregular situation in Spain.
  • Have no criminal record in Spain or the home country.
  • Not be subject to an entry ban in Spain.
  • Prove sufficient financial resources.
  • Have public or private health insurance.

Each residence permit type may require additional documentation. At Gentile Law, we assess each case individually to ensure a seamless and successful application.

Step-by-Step Procedure

The process for obtaining a residence permit includes:

  1. Application Submission: Filed at the Spanish Consulate, Immigration Office, or Police Station, depending on the permit type.
  2. Payment of Fees: Administrative fees must be paid before processing begins.
  3. Application Review: Each permit has a specific processing timeframe. If no response is received within this period, the application may be considered denied under the negative administrative silence rule.
  4. Foreigner Identity Card (TIE) Issuance: If approved, the applicant must visit the Immigration Office or Police Station to obtain their TIE card within 30 days.

Professional Immigration Law Assistance

At Gentile Law, our team of immigration law experts provides tailored guidance at every stage of the process. We ensure your application is correctly prepared to avoid errors and unnecessary delays.

Contact us today for personalized assistance and ensure your legal residence in Spain with confidence.

 

Pablo Lanfranchi
pablolanfranchi@gentile.law
+34 604 516 052

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