Guide to Foreign Nationals

As specialists in international mobility and experts in immigration law, we present this updated technical guide. The objective is to outline the legal conditions for crossing Spanish borders, grounded in Organic Law 4/2000 and, crucially, in the new Royal Decree 1155/2024.

1.1. Requirements for Short-Term Stays (up to 90 days)

For stays not exceeding 90 days within any 180-day period (calculated under Art. 6 of EU Regulation 2016/399), entry is subject to strict compliance with the requirements of Art. 4 of RD 1155/2024:

• Valid travel document: Minimum validity of 3 months beyond the intended departure date, issued within the last 10 years.
• Valid visa: When required under EU Regulation 2018/1806, unless holding a residence permit or long-stay visa.
• Justification of the purpose and conditions of the stay.
• Proof of sufficient financial means: Resources sufficient for the stay and return.
• Health certificates: If required by public health authorities.
• No entry bans: Not appearing on any inadmissibility lists (Schengen or national).
• Conduct and public order: Border authorities may deny entry for aggressive, insulting or disobedient behaviour that constitutes a breach of public order.

Practical tip: To avoid errors when calculating your stay, use the official Schengen Calculator of the European Commission to verify compliance with the 90/180 rule.

1.2. Identity and Travel Documentation

The following valid documents are accepted to prove identity at a border crossing:

1. Passport: Individual, family or collective. Children under 16 may appear on their parent's or guardian's passport if they share nationality and are travelling together. Every passport must guarantee return to the issuing country.
2. Travel document: Issued by competent authorities or recognised international institutions.
3. National ID or identification certificates: Only those recognised through international treaties signed by Spain.

Technical clarification: These documents enable border crossing but are legally distinct from the NIE (Foreigner Identification Number) or the TIE (Foreigner Identity Card), which certify the administrative status of residence or prolonged stay once in national territory.

1.3. Proof of Financial Means (2025 Figures)

In accordance with the OJEU C/2025/1852, the foreigner must demonstrate immediate financial availability. The thresholds for 2025 are:

• Daily amount per person: €118.40 (10% of the gross monthly minimum wage).
• Absolute minimum per person: €1,065.60 (90% of the gross minimum wage), regardless of the duration of the trip.

Accepted means of proof and legal warnings

• Accepted: Cash, certified cheques, traveller's cheques, payment cards or credit cards accompanied by an updated and validated bank statement.
• Not accepted: Online printouts without official validation or simple bank letters will not be accepted.
• Warning: Holding a Letter of Invitation does NOT exempt the foreigner from proving their own financial means for their maintenance.

1.4. Justification of the Purpose of Travel

Border authorities may request documents to verify the plausibility of the reason for entry:

1.5. The Visa: Types, Deadlines and Exemptions

The visa is the instrument of migration policy exercised sovereignly by the State. RD 1155/2024 distinguishes:

• Airport Transit Visa: Allows remaining in the international zone of an airport. Does not authorise access to national territory.
• Short-Stay Visa (Schengen): Up to 90 days per semester.
• Long-Stay Visa: For residence, work, study or job-seeking purposes.

Collection deadlines: Once the grant is notified, the applicant has 1 month to collect the visa. Under the Entrepreneurs Law procedures, this period is reduced to 10 working days.

Visa Exemptions

Nationals of countries listed under Regulation 2018/1806, holders of EU residence cards, diplomats (by agreement) and, fundamentally, those holding a valid Return Authorisation are exempt.

1.6. Return Authorisation

This document allows leaving and re-entering Spain when a residence or stay authorisation is in the process of renewal or extension (form EX13).

• Validity: Maximum 90 days. If applied for before the card expires, the 90 days run from the expiry date. If applied for after expiry, they run from the date of grant.
• Limitation: Only valid for re-entry through Spanish border crossings.
• Priority processing: Processed preferentially if a situation of need is demonstrated.

1.7. Denial of Entry and Return

Denial of Entry

Takes place at the border crossing via a reasoned decision. The foreigner is entitled to legal assistance (free if they lack resources) and to an interpreter. It entails mandatory return to the point of origin within a maximum of 72 hours. If return is delayed, judicial authorisation for detention will be required.

Forced Return

Applied without the need for an expulsion order in two circumstances:

1. Attempted illegal entry (intercepted at or near the border).
2. Breach of a prior entry ban.

The return shall be suspended in cases of pregnancy risk, serious illness, application for international protection, victims of trafficking or unaccompanied minors.

1.8. Departure from Territory and Entry Declaration

Departure Regime

• Voluntary: Must be carried out through authorised border crossings. Authorities may allow departure even with defective documentation if there are no legal impediments.
• Mandatory Departure: After denial of a stay or residence, the standard deadline is 15 days (extendable to 90 in exceptional circumstances). Non-compliance triggers expulsion proceedings.
• Prohibitions: The Ministry of the Interior may prohibit departure on grounds of national security, public health or pending judicial matters.

The Entry Declaration

If entering Spain from a Schengen state without border control, there is an obligation to submit an entry declaration at any police station within 3 days. Nationals of Andorra, Monaco and San Marino are exempt from this declaration.

Given the technical complexity and sovereign nature of these decisions, it is always advisable to verify requirements with the Spanish Consulate before travelling, as non-compliance may result in the initiation of sanctioning proceedings or immediate refusal at the border.

Understanding the legal framework governing your stay in Spain is the first step towards successful international mobility. Following the recent entry into force of RD 1155/2024, which develops and updates key aspects of Organic Law 4/2000, it is essential to know the technical distinctions between different types of stay.

2.1. What does being in a "Stay" situation mean?

According to Article 30 of Organic Law 4/2000, a "stay" is essentially defined as remaining in Spanish territory for a period not exceeding 90 days. The fundamental distinction lies in the purpose:

• Stay: Aimed at carrying out a specific activity (tourism, studies, volunteering). Legally, the foreigner is not considered to be putting down roots in the country, but completing a cycle linked to that activity.
• Residence: Implies a willingness for stable permanence and authorises remaining for periods exceeding 90 days for the purpose of settling in the country.

2.2. Short-Term Stay (up to 90 days)

This is the most common arrangement for brief visits. It is essential to respect the 90/180 rule: you may remain for a maximum of 90 days within any 180-day period. This calculation includes the total time spent across the entire Schengen Area, not only in Spain.

Entry Modalities

• Stay with visa: Applicable to nationals of countries requiring a short-stay visa. Allows successive stays as long as the total does not exceed the 90-day limit.
• Stay without visa: For citizens exempt under EU Regulation 2018/1806. Time is calculated from the first entry into the Schengen Area.
• Exceptional cases: The Ministry of the Interior may authorise entry (maximum 90 days) for those with defective documentation on humanitarian grounds, public interest or international obligations.

Essential Entry Requirements

• Access through authorised border crossings.
• Valid passport or travel document.
• Documentation justifying the purpose of the stay (invitations, reservations, etc.).
• Proof of sufficient financial means for the intended period.
• No current entry bans.

2.3. Extension of Short-Term Stay

If your circumstances change and you need to extend your stay beyond the initial 90 days, you must apply for an extension. Travel health insurance is strictly required for any extension application.

Procedure requirements (Form EX29)

1. Full passport with validity exceeding the requested extension.
2. Justification: Evidence of exceptional or serious reasons.
3. Financial means: Proof of sufficient resources for the extra time.
4. Travel insurance: Must cover medical emergencies and repatriation due to medical reasons or death.
5. Return guarantee: Return ticket with a fixed date before the end of the extension.

2.4. Long-Term Stay: Studies, Volunteering and Training

This category covers activities exceeding 90 days. It is the preferred option for academic and social development in Spain.

Permitted Activities

1. Higher education.
2. Post-compulsory secondary education.
3. Student mobility programmes (ESO or Bachillerato at official centres).
4. Volunteering services (non-profit and general interest causes).
5. Training activities: language assistants, specialist medical training, etc.

Qualification Levels (MECES)

• Level 1: Senior Technician (Higher Vocational Training).
• Level 2: University Degree.
• Level 3: Master's Degree or long degree programme.
• Level 4: Doctorate.

Study Modality

• Higher Education: Hybrid format is permitted if included in the official university study plan.
• Other categories: At least 50% of the programme must be in person.
• Course load: Must be full-time (enrolment in at least 90% of credits or the programme).

2.5. Requirements for Long-Term Stay

Financial Means

You must prove monthly resources based on the IPREM:

• Main applicant: 100% of the monthly IPREM.
• First family member: 75% of the monthly IPREM.
• Additional family members: 50% of the monthly IPREM per person.

Warning: Amounts used to pay for tuition or enrolment fees do not count towards monthly maintenance. You must have the tuition money plus 100% of the IPREM for your living costs. Exception: No proof of means is required if accommodation is fully paid for the entire stay or if a firm employment contract is presented.

Health Insurance and Age Requirements

• Health insurance: Mandatory, public or private, with full coverage for emergencies and repatriation.
• Minimum age: 17 for higher education; 18 for post-compulsory secondary education.
• Minors: Require express authorisation from both parents/guardians specifying the institution and the period of stay.

2.6. The Administrative Procedure and the TIE

1. Passport validity: Ensure your passport has a minimum validity of 1 year at the time of starting the process.
2. Application submission: At the consular office of your residence, at least 2 months before the start of the activity.
3. Resolution of the Authorisation: The competent authority in Spain must resolve within a maximum of 7 calendar days from when the Consular Office communicates the application.
4. Visa collection: You have 2 months from the notification to collect it in person.
5. Entry and TIE: Once in Spain, if your stay exceeds 6 months, you must personally apply for the Foreigner Identity Card (TIE) within one month.

Strict compliance with deadlines is the only way to avoid irregular status, which may result in fines of up to €10,000 or expulsion.

The legal framework governing labour mobility in Spain is based primarily on Organic Law 4/2000 and its recent implementing regulation, RD 1155/2024. Unlike Spanish citizens, whose right to work is directly recognised by the Constitution, foreigners' access to the labour market is a statutory right: it is not an inherent right, but is acquired only after fulfilling administrative requirements and obtaining the corresponding authorisation.

3.1. Legal Framework for Immigration

The Spanish legal system is organised into various distinct legal regimes. The main regimes are:

• General Regime: Applicable to most non-EU citizens (LO 4/2000).
• EU Regime: For family members of EU, EEA and Swiss citizens (RD 240/2007).
• Internationalisation and Entrepreneurship: Governed by Law 14/2013 (investors, digital nomads, highly qualified professionals).
• International Protection and Statelessness: For refugees and beneficiaries of subsidiary protection.
• Diplomats: Subject to specific public law rules.

3.2. Types of Stay and Residence Situations

The regulations differentiate lawful permanence according to its purpose and duration. A key development for students: higher education studies automatically authorise work.

3.3. Residence and Work Authorisation as an Employee

This is the central model of the system. It requires an employer to initiate the process to hire a worker not currently legally present in Spain.

The National Employment Situation (NES)

Unless exceptions apply, the Administration must verify that the position cannot be filled by workers already present in the local labour market. This is evidenced by:

• Catalogue of Hard-to-Fill Occupations: A quarterly list of professions with a shortage of candidates.
• Employment Services Report: Certification of insufficient applicants after publishing the vacancy for 8 days.

Exemptions from the National Employment Situation

1. Spouse or child of a foreign resident with a renewed authorisation.
2. Children of naturalised Spaniards or EU citizens (with 1 year of residence).
3. Foreigners with Spanish-national ancestors or descendants in their care.
4. Children or grandchildren of Spanish nationals by origin.
5. Foreigners born and residing in Spain.
6. Victims of gender-based violence, sexual violence or human trafficking.
7. Foreigners who have voluntarily returned after the non-return period (3 years).

Employer Requirements

Must be registered with Social Security and up to date with obligations. If the employer is an individual, they must demonstrate financial solvency based on the 2025 minimum wage (€16,576 gross per year):

• Single-person unit: 50% of the minimum wage.
• 2-member unit: 100% of the minimum wage.
• Additional members: +25% of the minimum wage per person.

Worker Requirements

• Legal status: Must not be in an irregular situation in Spain (grounds for inadmissibility).
• Criminal record: No criminal record in Spain or countries of residence in the last 5 years.
• Qualifications: Must hold the required professional qualification and, where applicable, recognised degree equivalence.

3.4. Residence and Work Authorisation as Self-Employed

For self-employed workers wishing to start a business in Spain. The initial authorisation is limited to a specific sector according to the CNAE for the first year. Key requirements:

• Minimum age: 18 years.
• Economic Project: Business plan demonstrating viability and job creation (including self-employment).
• Investment sufficiency: Proof of financial means for implementation and maintenance.
• Regulatory compliance: Responsible declarations or applications for business licences.
• Qualifications: Degree or professional registration required for the activity.

3.5. Specific Residence and Work Authorisations

• Seasonal Activities: 4-year authorisations to work a maximum of 9 months per calendar year. Require an intermittent fixed-term contract, adequate accommodation and a commitment to return.
• Frontier Workers: For residents in border areas (e.g. Ceuta/Melilla). Must obtain the TIE mandatory, even if the activity lasts less than 6 months.
• EU Blue Card: For Highly Qualified Professionals at levels 2 to 4 of the Qualifications Framework (Degree, Master's or Doctorate).
• National PAC Authorisation: For Level 1 (Senior Technician).
• Other Groups: Renowned artists, professional athletes and senior management staff.

3.6. Regime for Family Members of Spanish Citizens

RD 1155/2024 creates this residence status, replacing the former "Family Roots" arrangement. It is no longer an exceptional circumstance, but a stable residence permit.

• Beneficiaries: Spouse, registered partner or stable partner (min. 12 months of cohabitation or common children), descendants under 26 (or older with disabilities) and dependent ascendants.
• Rights: Authorisation to live and work without geographical or occupational restrictions for 5 years.
• Independent Residence: The permit may be maintained in cases of the Spanish national's death, divorce (after 3 years of relationship and 1 year of residence) or gender-based violence.

3.7. Procedure, Visa and TIE

The administrative process consists of four successive stages:

1. Initial application: Submitted by the employer (employee) or the worker (self-employed). The Administration has 3 months to resolve.
2. Visa: After the grant, the worker has 1 month to apply at the consulate of their country of legal residence, providing a medical certificate and criminal record certificate.
3. Entry and Registration: The worker must enter Spain and be registered with Social Security by the employer within 3 months.
4. TIE: Mandatory application within 1 month of Social Security registration.

3.8. Renewal and Modification of Authorisations

• Renewal Deadlines: Apply 60 days before expiry (extends validity) or up to 90 days after (subject to a minor penalty). Renewal is generally for 4 years.
• Modification: It is possible to switch from employee to self-employed status (and vice versa) after the first year.
• Integration Effort Report: May compensate for the absence of a specific requirement at renewal, but is not a valid substitute if multiple conditions are not met.

The residence and work authorisation is the cornerstone that guarantees legal certainty for foreigners in Spain. Rigorously meeting the minimum wage thresholds and administrative deadlines is the path to equal treatment in labour rights.

Access to long-term residence represents the culmination of the legal integration process of a foreign national in Spain. Under Organic Law 4/2000 and Royal Decree 1155/2024, this authorisation not only consolidates permanence in the territory, but also eliminates the precariousness of temporary residence. This status grants an indefinite right of residence and full equal treatment with Spanish nationals in the labour market.

4.1. What is Long-Term Residence?

Long-term residence entitles foreigners to reside and work in Spain indefinitely, under conditions equivalent to those of a Spanish citizen. It removes employment dependency barriers, allowing the holder to work as an employee or self-employed without additional procedures.

4.2. Types: National vs. European Union (EU)

• Long-term residence (National scope): Regulated by Art. 32 of LO 4/2000. Applies in Spain only. Does not require proof of financial resources or private health insurance.
• Long-term residence-EU: Regulated by Directive 2003/109/EC and RD 1155/2024. Facilitates intra-EU mobility to reside and work in other Member States. Requires proof of fixed and regular financial resources and health insurance.

4.3. Ways to Access and Special Cases

General Residence

Proof of 5 years of lawful and continuous residence. For refugees, the period from the date of asylum application to the grant of international protection counts in full.

Special Cases

• Pensioners: Recipients of a retirement or permanent disability pension from the Spanish Social Security system.
• Born in Spain: Residents who, upon reaching legal age, can prove 3 years of prior lawful and continuous residence.
• Former wards of the state: Persons under guardianship of a Spanish public entity for the 5 years prior to the application.
• Statelessness and International Protection: Once the status has been formally recognised.
• Spanish nationals by origin: Those who have lost Spanish nationality (direct grant).
• Notable contribution: Foreigners with exceptional contributions to economic, scientific or cultural progress.

Family Members

• Children born in Spain: Automatically acquire a 5-year authorisation. The parent must apply within the non-extendable period of 6 months from birth.
• Reunited family members: Family members renewing their residence when the sponsor already holds long-term status.

4.4. Continuity: Permitted Absences

4.5. Legal Requirements and Documentation

Eligibility Requirements

• Regular status: Access is not possible from an irregular situation; the application would be inadmissible.
• Criminal record: No criminal record. Police records may also lead to refusal if they demonstrate a real threat to public order or security.
• Schooling: For dependent minors, a report issued by the competent regional authorities is mandatory.
• Non-return: Having completed any non-return commitment if voluntary return programmes were used.

Required Documentation

• Official application form EX-11.
• Full copy of valid passport or travel document.
• Proof of payment of the corresponding fee.
• Criminal record certificate from the country of origin (only if not previously resident in Spain).
• EU modality: Proof of health insurance and financial resources (employment contracts, payslips or income).

4.6. The Application Procedure

1. Who and where: Residents submit at the Immigration Office (in person or via representative). Non-residents submit at the Diplomatic Mission or Consular Office of their area.
2. Deadlines: May be applied for 2 months before the temporary card expires. Up to 3 months after is allowed, but may incur a minor penalty.
3. Resolution and administrative silence: The maximum period is 3 months. Silence is positive. If 3 months pass without notification, request an administrative silence certificate.

4.7. The TIE and its Renewal

Long-term residence is indefinite by legal definition. The Foreigner Identity Card (TIE) is a physical document with limited validity (5 years up to age 30, and 10 years thereafter) that must be renewed to keep identity documents current. Failure to renew the TIE on time may incur penalties, but does not in any case extinguish the already acquired right of residence.

4.8. Causes of Extinction and Loss of Status

• Fraudulent obtaining of the authorisation.
• Administrative or judicial expulsion order.
• Absence from the territory of the European Union for 12 consecutive months.
• Acquisition of long-term residence in another EU Member State.

Recovery: Those who lose their status due to prolonged absence or having obtained residence in another EU state may avail themselves of a simplified procedure to recover their status in Spain.

A foreign national's stay in Spain is not static; it is subject to changes in their personal, professional or academic circumstances. Current regulations provide the mechanism of modification of status to allow the individual's legal standing to adapt to their current situation, thereby avoiding unintended irregular status.

This procedure is governed primarily by Title II of Organic Law 4/2000 and specifically by Articles 190 to 192 of Royal Decree 1155/2024.

5.1. The Principle of Dual Examination

The Administration does not evaluate a modification application as an isolated case. A dual examination criterion is applied:

• Retrospective examination: A thorough review of compliance with the requirements of the prior authorisation (e.g. academic progress in the case of students).
• Prospective examination: An evaluation of the requirements for the new authorisation being sought (employer's financial means, adequacy of the contract, etc.).

5.2. From Study Stay to Residence and Work

Foreigners on a study or specialised medical training stay may transition to a residence and work situation (as an employee, self-employed or job-seeker), without needing to apply for a new visa from their home country.

Training and Qualification Requirements

To access this route, it is mandatory to have obtained the qualification or completed the training corresponding to:

• Higher education: University or equivalent recognised studies.
• Post-compulsory secondary education: Full-time programmes.
• Vocational training: Professional certificates at grade C, levels 2 and 3.
• Specialised medical training: Residency programmes (MIR, EIR, etc.).

Conditions of the Modification

• Prohibition on cooperation scholarships: The applicant must not have received scholarships from public or private bodies under development cooperation or humanitarian action programmes.
• Criminal record: Absence of criminal record in Spain will be verified ex officio.
• National Employment Situation: In this case, assessment of the National Employment Situation is NOT required, greatly facilitating the hiring of talent trained in Spain.

5.3. From Temporary Residence to Residence and Work

This route allows holders of residence authorisations (such as non-lucrative residence) to access the labour market. Requirements and validity vary according to length of residence:

5.4. Special Cases

• Seasonal Workers: Those who have completed 4 years of seasonal activity and the mandatory return to their home country may modify to a 2-year residence and work authorisation.
• Transition from EU Regime to General Regime: For family members of EU or Spanish citizens who cease that status. Prior residence time under the EU regime counts in full.

5.5. Procedure, Deadlines and Provisional Status

• Application deadline: Within the 2 months prior to expiry or the 3 months following.
• Provisional Work Status: Submitting the application within 3 months after expiry grants the foreigner provisional full-time residence and work authorisation status while the case is being resolved.
• Entitled applicants: The application may be submitted by the employer or by the foreigner themselves.
• Fee payment: The fee must be paid by the employer for employee authorisations. Any agreement by which the worker assumes payment of the employer's fee is null and void.
• Effectiveness and Social Security: The authorisation only takes full effect upon Social Security registration within 1 month of notification.
• TIE: The foreigner has 1 month after the grant to personally apply for their Foreigner Identity Card.

5.6. Limitations and Prohibitions

The regulations strictly prohibit modification through this general regime in the following cases:

1. Frontier workers: May not modify to ordinary temporary residence.
2. Roots-based authorisations: Holders of exceptional circumstance authorisations must follow their own renewal regime.
3. International and Temporary Protection: Holders of subsidiary or temporary protection (Law 12/2009) are excluded.
4. Victims of Violence and Trafficking: Must follow their specific protection regulations.
5. Family Reunification: Governed by their specific regulations on independence and renewal.

Modification of status is the cornerstone supporting the labour and social integration of foreigners in Spain. Using the official forms (Form EX26) and strictly meeting deadlines are the only guarantees against loss of acquired rights.

The right to family reunification, grounded in Article 16.3 of the Universal Declaration of Human Rights and Article 16 of Organic Law 4/2000, is not only a legal mechanism for preserving family unity, but an essential pillar for the integration and socio-cultural stability of foreign nationals in Spain. This guide focuses exclusively on the general regime (nationals of third countries), whose regulations have been updated by RD 1155/2024.

6.1. Who may be reunited?

The regulations establish closed categories of family members who may be reunited (Art. 17 LO 4/2000 and Art. 66 RD 1155/2024):

• Spouse: Must be at least 18 years old at the time of application. There must be no de facto or legal separation. Same-sex marriages are fully legally valid. In cases of polygamy, only one spouse may be reunited.
• De facto partner: Treated equivalent to a spouse. Proven by registration in an EU public register or by demonstrating a stable relationship (minimum 1 year of continuous cohabitation or common children).
• Descendants (Children): Under 18 or over 18 with a disability. In the case of non-common children, sole custody or parental authority with express transfer authorisation must be proven.
• Legally represented persons: Minors or persons with a disability under the legal representation of the sponsor.
• Ascendants (Parents): Must be first-degree, over 65 and demonstrably financially dependent on the sponsor.
• Carer: New category for adult children who relocate to care for a sponsor with recognised dependency.

Technical clarification on ascendants: An ascendant is presumed to be "dependent" if the sponsor has transferred funds over the last year representing at least 51% of the per capita GDP of the country of origin. Humanitarian exceptions apply in cases of armed conflict, natural disasters or chronic illness.

6.2. Fundamental Requirements for the Sponsor

• Prior residence: Must have resided lawfully for 1 year and hold authorisation for a second year. To reunite ascendants, the sponsor must hold long-term residence.
• Adequate housing: Requires a habitability report from the regional authority or local council. If the authority does not issue the report within 30 days, the requirement may be met by a Notarial Act.
• Health insurance: Coverage by the National Health System or private insurance without co-payments or waiting periods.
• Financial means: Proof of stable income (social assistance benefits do not count).

Economic Thresholds 2025

6.3. The Procedure

1. Application in Spain: Submission of form EX02 to the Immigration Office. The authority has a maximum of 3 months to resolve. Administrative silence is dismissive at the initial stage.
2. Visa process: Once the favourable resolution is notified, the family member has 2 months to apply for a visa at the Spanish Consulate in their country.
3. Required documentation: Passport (min. 1 year validity), criminal record certificate (last 5 years), medical certificate and copy of the residence resolution.
4. Consular resolution: The Consulate has 1 month to notify the visa decision.
5. Entry and TIE: After entering Spain, the reunited family member has 1 month to apply for the Foreigner Identity Card (TIE).

6.4. Rights and Effects of the Authorisation

• Access to the labour market: The authorisation automatically entitles spouses, partners and working-age descendants to work as employees or self-employed.
• General independent residence: Can be obtained after 1 year of stay by proving own financial means.
• Separation/Divorce: The spouse may become independent if they can prove 3 years of marriage and that at least 1 year of cohabitation took place in Spain.
• Special protection: Women victims of gender-based violence, trafficking or sexual violence gain immediate independence, without needing to prove financial means.

6.5. Infringements and Sanctions

• Serious infringements (Art. 53): Contracting marriage or simulating an emotional relationship for profit or to unduly obtain a right of residence. Fines of up to €10,000.
• Very serious infringements (Art. 54): Simulating an employment relationship with a foreigner to obtain residence rights. Penalties may reach €100,000.
• Additional consequences: Fraud entails extinction of the residence authorisation and a possible entry ban from Spanish territory.

The temporary non-lucrative residence authorisation allows foreign nationals to remain in Spain for a period exceeding 90 days and less than five years, provided they have sufficient means for their own maintenance and that of their family without needing to carry out any work or professional activities. This regime is governed by Article 31.2 of Organic Law 4/2000 and Articles 61 to 64 of Royal Decree 1155/2024.

• Duration: The initial authorisation has a validity of one year, running from the date of entry into Spanish territory.
• No work activity: Strictly prohibits working as an employee or self-employed during the initial authorisation.
• Financial sufficiency: The applicant must prove financial resources to subsist without becoming a burden on the State's social assistance.

7.1. Financial Requirements

Financial sufficiency is the technical core of this authorisation. For 2025, the reference IPREM has been set at €600 per month.

Minimum amounts required (Year 2025)

Calculation example: For a family of three (applicant, spouse and one child), the minimum total amount to prove for the initial authorisation would be €43,200 per year (€28,800 + €7,200 + €7,200).

Means of proof and technical documentation

1. Bank certificates for accounts abroad: Must include the institution's name and address, full account details, opening date, balance as of 31 December of the previous year and the average balance for the past year.
2. Property titles and certified cheques.
3. Credit cards: Must be accompanied by a certificate from the financial institution specifying the available credit limit.
4. Company shares: Must be accompanied by a company certificate proving no work activity is carried out there, along with a responsible declaration.

7.2. General Requirements and Documentation

• Health Insurance: Must be contracted with an insurer authorised to operate in Spain. The policy must have a minimum duration of 1 year, full coverage equivalent to the public health system, and no waiting periods or co-payments.
• Criminal Record: Certificate of no criminal record from countries of residence in the last 5 years.
• Medical Certificate: Document proving the applicant does not suffer from any disease that may have serious public health implications.
• Non-return Commitment: Must not be within a non-return commitment period assumed under voluntary return programmes.
• Administrative Fee: Payment of the fee is an essential prior requirement.

7.3. The Application Procedure

1. Submission at the Consulate: The application is made in person at the Spanish consular office in the district where the foreigner is legally resident.
2. Consular Assessment: Evaluates general requirements (passport with minimum 1 year validity, forms, fees, medical certificate and health insurance).
3. Immigration Office Assessment: Evaluates specific requirements (financial means, no criminal record in Spain and verification of non-return commitments).
4. Personal Interview and Record: The Administration may summon the applicant. At least two representatives of the Spanish Administration must be present. A signed record must be drawn up. Failure to appear within 15 days is considered withdrawal.
5. Resolution and Visa: The maximum resolution period is 1 month. The visa incorporates the residence authorisation itself; they are not separate documents.
6. Entry and TIE: After entering Spain, the holder has 1 month to personally apply for the TIE.

7.4. Non-Lucrative Residence for Family Members

• Spouse or stable partner: With a proven lasting bond (minimum 1 year of continuous cohabitation or common children).
• Children: Under 18 or over 18 with a disability who are not objectively capable of providing for their own needs.
• Ascendants: As a general rule, may only be reunited once the sponsor has acquired long-term residence.

7.5. Renewal and Maintenance of Status

Renewal must be applied for within the 60 calendar days before expiry. For renewal, it is essential to prove actual and effective residence in Spain for more than 183 days during the calendar year.

• Schooling of minors: Report from regional authorities certifying effective schooling of compulsory-school-age minors.
• Integration Effort: A positive report from the Autonomous Community certifying knowledge and respect for constitutional values and learning of official languages will be assessed.

7.6. Extinction and Modification to Residence and Work

The authorisation is automatically extinguished upon expiry, or by resolution for fraud, loss of requirements or commission of criminal offences.

Modification to Employee or Self-Employed Status: Once one year of lawful residence has elapsed, the holder may modify their status to a residence and work authorisation. The modification is exempt from the National Employment Situation (NES) assessment, greatly facilitating hiring by Spanish employers.

Under Spanish law, obtaining, maintaining and safeguarding personal documentation is not only a fundamental right for the protection of foreign nationals, but also an unavoidable legal obligation. This regulatory framework is based primarily on Organic Law 4/2000 and Organic Law 4/2015 on the Protection of Public Safety.

It is mandatory to produce documentation before law enforcement officers when required. Failure to obtain it, refusal to hand it over, or negligence in its custody (legally defined as a third or subsequent loss within one year) constitutes a minor infringement. Fines range from €100 to €600.

8.1. Identity Documents: NIE vs TIE

It is essential to distinguish between administrative identity and the physical document certifying the legality of the stay, concepts regulated in Articles 205 and 209 of RD 1155/2024.

• NIE (Foreigner Identification Number): A personal, unique and permanent number. Assigned to the foreigner upon their first contact with the Administration. It consists of an initial letter, seven digits and a verification code. Numbers currently assigned begin with the letter Z (following the exhaustion of the X and Y series).
• TIE (Foreigner Identity Card): The physical document certifying legal residence or stay. All those with authorisations exceeding 6 months are required to obtain it. Must be applied for in person within 1 month of entry into Spain or of the grant of the authorisation.

Practical tip: If you have just arrived and do not yet have your NIE physically, your passport is sufficient to register with Social Security during the first 6 months, as permitted by Article 76 of Law 14/2013.

8.2. Proving Legal Status in Spain

Legal status is proven using the following documents, depending on the duration and purpose of the stay:

• Passport and Visa: The visa certifies the status for which it was granted (transit, stay, residence, studies or work). Its validity extends until the TIE is obtained or its own validity expires.
• Return Authorisation: Essential for travelling when the TIE is being renewed or replaced. Valid for 90 days. If applied for before the card expires, the 90 days run from the expiry date; if applied for after, they run from the date of grant.
• Letter of Invitation: Document for tourist or private trips where a host assumes accommodation. Does not replace entry requirements (such as financial means) and its falsification may result in serious infringements for the host.

8.3. Undocumented Individuals and Minors

Registration Certificate

Granted to foreigners who cannot be documented by any country and wish to be documented by Spain, provided humanitarian or public interest reasons are present. Will be refused if the applicant has an entry ban or expulsion order.

Travel Document

An exceptional document for undocumented foreigners needing to leave Spain. May or may not authorise return depending on whether the purpose is permanent return to their country or a temporary trip due to exceptional need.

Register of Minors

For unaccompanied foreign minors, there is a register coordinated by the State Attorney General's Office. Its purpose is identification and protection of the minor's best interests, centralising biometric data, photographs and reception centres.

8.4. Legal Validity: Translation and Legalisation of Documents

For a foreign public document to be effective before the Spanish Administration, the following steps must be followed:

1. Legalisation or Apostille: For countries signatory to the Hague Convention of 5-10-1961 (Hague Apostille). For non-signatory countries, diplomatic channels are required with the stamp of the Spanish consular office in the country of origin and final legalisation by the Ministry of Foreign Affairs (MAEC).
2. Sworn Translation: Must be carried out by a sworn interpreter authorised by the MAEC.
3. Exception for EU multilingual forms: EU documents on birth, proof of life, death, name, marriage, divorce, civil partnership, parentage, adoption, domicile, nationality and absence of criminal record do not require translation if accompanied by their official multilingual form.

8.5. Communication Obligations and Sanctions

• Communication obligation: Must report any change of address, nationality or civil status within 1 month.
• Minor infringement: Delay in reporting changes or delay of up to 3 months in renewing authorisations.
• Serious infringement: Wilful concealment or serious misrepresentation regarding changes of nationality, civil status or address (Art. 53.1.c). Also, irregular stay or working without authorisation.
• Very serious infringement: Activities against national security, racial or ethnic discrimination, and hiring workers without authorisation.

8.6. Tips for Maintaining Documentation

1. Active deadline monitoring: Track the expiry of your passport and TIE. Changes (address, civil status) must be reported within the critical deadline of 1 month (30 days).
2. Document custody: Take extra precautions with your physical card. From the third loss within one year, the law presumes negligence and applies automatic financial penalties.
3. Rigorous validation: Ensure your documents from abroad carry the Hague Apostille or correct diplomatic legalisation before travelling to Spain. An improperly legalised document is legally non-existent for the Spanish Administration.

The entry into force of Royal Decree 1155/2024 has consolidated a regulatory framework that reinforces legal certainty for foreign nationals in Spain. A fundamental pillar of this system is the principle of validity of authorisations (Article 199), which establishes that the validity of residence permits remains unchanged as long as the requirements and conditions that led to their initial grant continue to be met.

9.1. Extinction of Temporary Residence: Causes and Modalities

Automatic Extinction (Ope Legis)

Under Art. 200.1 of RD 1155/2024, there are situations in which the authorisation is automatically extinguished, with effects from the moment the cause arises:

• Expiry of time: Upon the expiry date being reached without a renewal, extension or modification having been requested. It is possible to submit a renewal within the 90 calendar days following expiry (carrying a penalty of up to €500, but avoiding permanent extinction of the right).
• Expulsion: A final administrative or judicial decision ordering expulsion from the national territory automatically extinguishes any current authorisation.

Extinction by Administrative Resolution

Art. 200.2 details the circumstances in which the administration, by reasoned resolution and following the appropriate procedure, declares extinction. The main causes are:

1. Entry ban: Inclusion in prohibition cases (Art. 26 LO 4/2000), even for facts unknown at the time of entry.
2. Fraud, forgery or manipulation: Obtaining the authorisation through deception or altered documents.
3. Use for different purposes: Using the residence for purposes other than those authorised.
4. Disappearance of circumstances: Non-compliance with essential requirements (lack of Social Security registration or absence of financial resources).
5. Change or loss of nationality.
6. Loss of identity documentation: Not holding a valid passport or ID card, unless renewal procedures have been initiated.
7. Public order, security or public health grounds.
8. Specific criminal convictions: Final conviction for human trafficking or clandestine immigration offences.

Notes on Labour Fraud

Simulation of employment relationships is a critical cause of scrutiny by the Labour and Social Security Inspectorate (ITSS). ITSS reports carry a presumption of veracity, shifting the burden of proof to the foreigner to demonstrate the reality of the employment relationship.

9.2. Long-Term Residence: Causes of Extinction

Although this authorisation is indefinite in duration, the right may be extinguished for specific causes listed in Art. 201.

Enhanced protection against expulsion: Under Art. 57.5 of LO 4/2000, the administration cannot expel a long-term resident arbitrarily. A proportionality assessment is required, considering the length of residence in Spain, family and social ties, the person's age and the consequences of expulsion for their family.

9.3. The Administrative Procedure and its Safeguards

The procedure regulated under Article 202 of RD 1155/2024 guarantees that no extinction (other than automatic ones) occurs without prior defence:

1. Ex officio initiation: Initiated by the administration upon detecting the possible cause.
2. Hearing procedure: The person concerned has 10 days to submit representations and documentary evidence.
3. Resolution deadline: The authority must resolve and notify within a maximum of 6 months. If this deadline expires without an express resolution, the procedure lapses, requiring the file to be closed.
4. Differentiation of effects: Automatic extinction is declarative (ex tunc), administrative extinction is constitutive (ex nunc), taking effect from notification of the resolution.

9.4. Recovery of Long-Term Residence

Spanish law allows recovery of this status without needing to complete the five years of prior residence again, provided the loss was not due to public order or national security grounds.

Long-Term Residence-EU

Recovery may be applied for (Art. 186) in cases of extinction due to failure to meet absence deadlines or after spending more than 6 years outside Spain. The Directorate-General for Migration Management may authorise maintenance of the status beyond 6 years for exceptional reasons.

Requirements and Application Process

• Personal application: Using the official form at the Immigration Office (in Spain) or Consulate (if abroad).
• Financial resources: Proof of fixed and regular resources for own maintenance and that of the family.
• Health insurance: Public or private coverage equivalent to the National Health System.
• Visa requirements: If applying from abroad, absence of criminal record and no entry ban will be required.
• Administrative fee: Proof of payment of the corresponding form.

Resolution and Card (TIE)

The administration has 3 months to resolve. If there is no response, positive administrative silence applies. After a favourable resolution, the applicant must apply for the TIE within one month, which will have a validity of 5 years.

Administrative stability in Spain depends on strict compliance with the principle of validity set out in Article 199. For long-term residents, current regulations offer a technical safety net through the recovery procedure, allowing the bond with Spain to be maintained even after prolonged absences.