All existing residence permits can be included in three broad categories: temporary residence permit, long-term residence permits, and other permits intended to attract citizens from other countries who can invest or undertake businesses in Spain (Organic Law 4/2000, RD 557/2011).
In addition to residence permits, there is the possibility of staying in Spain for a period of less than 90 days per semester, giving rise to obtaining a short-stay visa to move throughout the Schengen Area or to just a few specific countries.
Temporary residence permits in Spain
In this section are all the residence permits that authorize the holder to remain in Spain for a period of more than 3 months and less than 5 years, and are due to different circumstances:
1-Temporary residence permits for reasons of employed work
This type of permit is intended for foreign workers who are not residents in Spain and are not irregularly in Spanish territory at the time the employer who wants to hire makes the request for authorization.
You can apply for a residence permit for self-employment in the following cases:
- Temporary residence and employed work authorization: this is a residence and employed work permit for a period of between 90 days and 5 years and must be requested by the employer.
- Hiring at origin: there is the possibility of issuing work and residence permits to a plurality of workers when the request comes from the employer with respect to the workers selected in their countries, with the participation of the competent authorities.
2-Temporary residence permits for self-employment reasons
This type of temporary residence is intended for foreigners who want to reside in Spain temporarily carrying out self-employed work. There are two possible authorizations in this group:
- Authorization to start a business project: aimed at facilitating the start of a business project for foreigners who have been holders of a prior authorization to stay for higher studies at the university degree level.
- Authorization for self-employment: intended for all those who want to temporarily reside in Spain to carry out a lucrative activity on their own.
3-Other temporary residence permits for work
In addition, there are other permits intended for activities that are difficult to fit into the previous groups, and that respond to the needs of carrying out a work or professional activity in Spain, such as the authorizations provided for professional athletes, workers in the audiovisual sector, or citizens. who provide transnational services, having to temporarily move to a work center in this country.
4-Temporary residence permits for study purposes
When a citizen of another country needs to come to Spain for studies and stay in Spain for a period greater than 90 days, a short-term stay authorization is not enough, but it will be necessary to apply for a temporary stay permit to study or perform some similar activity.
The permissions are the following:
- Authorization to stay longer than 90 days for studies.
- Authorization to stay for student mobility.
- Authorization to stay for higher studies and mobility in the territory of the European Union.
- Authorization to stay for volunteer services.
- Residence authorization for internships.
5-Temporary residence permits for non-profit reasons
This type of residence permit is when the objective is to reside in Spain without carrying out a work activity, but to do so it will be necessary to prove that you have sufficient financial means to cover the expenses of stay and return of the applicant and his or her family, complying with the limits. minimums required by law. In addition, it will be necessary to prove that you have public or private health insurance.
6-Temporary residence permits for exceptional reasons
There are a series of exceptional situations that give rise to the authorization of temporary residence in Spain, and which are due to reasons as varied as the following:
- Application for residence due to family, work, social roots or for training.
- Reasons for international protection in case of conflict.
- Humanitarian reasons.
- Collaboration with police, prosecutors, judicial or national security authorities.
- Collaboration with administrative authorities or reasons of public interest.
- Foreign women victims of gender or sexual violence.
- Collaboration against organized networks.
- People who are victims of human trafficking.
Long-term residence permits in Spain
Long-term residence is the situation that authorizes you to reside and work in Spain indefinitely, under the same conditions as Spaniards.
Citizens may apply for a long-term permit if they have enjoyed temporary residence in Spain for a continuous period of 5 years, and if they meet the conditions established by regulation. In addition, periods of previous and continuous residence in other Member States as holders of the EU Blue Card are counted within this period. Interruption periods due to vacations or other justified reasons will not be deducted.
Foreign citizens who are long-term residents in another Member State of the European Union may also apply for a long-term residence permit in Spain in case they need to carry out an activity as a self-employed or employed person in Spain, or for other purposes. authorized.
Other residence permits
There are some cases in which the possibility of requesting a residence permit is also planned, and which are based on our country’s interest in attracting capital or professional talent to Spain. Among them, the following stand out:
- Visa for investors or Golden Visa: aims to attract non-EU foreign investors with certain assets. It is valid for residing and working and includes a spouse and minor or financially dependent children. Requires investment in real estate, financial assets, or business projects in Spain.
- Entrepreneur visa: it is a special residence permit to attract non-EU foreigners who want to develop a self-employed economic activity or business project in Spain. Among the requirements is that the business or business activity to be started is innovative and that it is not easy to obtain in Spanish territory.
- Digital nomad visa.
What requirements are required to obtain a residence permit in Spain?
Depending on the residence permit, the requirements will be one or another, but there are a series of general requirements that apply in all cases:
- Not be a national of a Member State of the European Union, the European Economic Area or Switzerland since its citizens can move around Spain with complete freedom and without the need to justify the reason.
- Not being in Spain in an irregular situation.
- Not have a criminal record corresponding to the last 5 years for crimes that are also punishable under Spanish law.
- Not be prohibited from entering Spain nor appear as rejectable in countries that have signed agreements with Spain in this regard.
- Not being within the non-return commitment period, in the case of citizens who have opted for voluntary return to their country of origin.
