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Spain clarifies residency and work rules for the non-lucrative visa
Spain’s recently enacted Immigration Law has provided critical updates to the requirements for renewing the Non-Lucrative Visa (NLV) and clarified the strict prohibition on work for visa holders. These changes aim to eliminate ambiguities while streamlining residency procedures for non-EU nationals.
Clear residency requirement for NLV renewal
The new Royal Decree 1155/2024, effective May 2025, explicitly states that NLV holders must have physically resided in Spain for more than 183 days in the previous calendar year to qualify for visa renewal. This rule, outlined in Article 64 point f) of the Official State Gazette (BOE), establishes a mandatory "minimum physical presence" for applicants.
María del Castro, CEO of CostaLuz Lawyers, explained that prior to this update, the residency requirement was not clearly defined, leading to assumptions and varying interpretations. A 2023 Spanish Supreme Court ruling had even challenged the automatic cancellation of NLVs for absences exceeding six months, citing the lack of explicit mention in Spain’s main Organic Law. However, the new decree overrides prior case law, making the 183-day residency rule unequivocal.
This requirement ties closely to Spain’s fiscal residency laws, ensuring that NLV holders are classified as tax residents and fulfill their tax obligations. The regulation also mandates proof of compliance with tax and Social Security obligations at the time of renewal.
Work prohibition clarified
The updated Immigration Law eliminates all uncertainty regarding employment restrictions for NLV holders. It explicitly prohibits any form of work, both within Spain and internationally. Applicants must demonstrate sufficient passive income, such as foreign rental income, savings, or pensions, to sustain their stay without engaging in professional activities.
While the prohibition on work has always existed, online discussions often misinterpreted it to mean that employment was only banned within Spain. Del Castro emphasized that the restriction applies globally, making the NLV unsuitable for those wishing to work remotely for foreign companies or clients.
For individuals seeking to work while living in Spain, the Digital Nomad Visa (DNV) offers an alternative. Unlike the NLV, the DNV permits remote work under specific conditions.
Aiming for clarity and compliance
Spain’s Immigration Law aims to streamline the residency process, resolve legal ambiguities, and ensure compliance with fiscal policies. By solidifying the 183-day rule and work restrictions, the government seeks to provide greater clarity and certainty for NLV applicants while reinforcing the visa’s original purpose as a means of passive residency.