Golden Visas in Spain: Residency by Investment Laws

What is Immigration?

Immigration in Spain means obtaining legal permission for a non-Spanish national to enter, reside, study, work, or invest in Spain under the rules of Spanish and EU law. In practice, it involves getting the correct visa or residence permit, registering locally, and meeting ongoing conditions for renewal and eventual long-term residence or citizenship.

Spain runs two parallel immigration tracks. The general regime is regulated by Ley Orgánica 4/2000 (LOEX) and its Reglamento in Real Decreto 557/2011, covering most student, family, and standard work permits. A separate fast-track system under Ley 14/2013 de apoyo a los emprendedores handles investors, entrepreneurs, highly qualified professionals, intra-corporate transferees, researchers, and digital nomads through the Unidad de Grandes Empresas y Colectivos Estratégicos (UGE).

Why Might You Need Legal Help with Immigration?

You may need a lawyer because Spanish immigration is statute-heavy, documentation is formal, and small mistakes delay or sink applications. A lawyer helps select the correct route, prepare compliant evidence, track deadlines, and coordinate with consulates, Oficinas de Extranjería, UGE, and the police.

Legal counsel is particularly valuable when you have dependents, prior refusals, criminal record issues, complex business or fund investments, or when switching status inside Spain. Lawyers also plan around physical presence requirements, Schengen travel, and tax exposure, especially for investors and remote workers.

How Does the Immigration Process Work?

Most applicants follow a 6-step path: choose the category, gather documents with apostille and sworn translations, apply at the right authority, get a visa or approval, enter Spain, then register and collect your TIE card. Timelines range from 2 weeks to 3 months depending on route and authority.

1. Choose your route: student, work, family, non-lucrative, investor, entrepreneur, highly skilled, ICT, researcher, or digital nomad.
2. Prepare documents: passport, photos, proof of funds or job, criminal record certificate, health insurance, medical certificate if needed, marriage or birth certificates. Legalize with apostille and translate by a traductor jurado.
3. File your application:
   • At a Spanish consulate for visas (visado nacional). Ministry: Ministerio de Asuntos Exteriores, Unión Europea y Cooperación.
   • In Spain for in-country authorizations where allowed, via the Oficina de Extranjería or UGE-SG under Ley 14/2013.
4. Receive decision:
   • UGE cases: 20 working days, positive silence if no response (Ley 14/2013).
   • General regime: typically up to 3 months for visas or authorizations.
5. Enter Spain and register:
   • Within visa validity, enter and book your cita previa at Policía Nacional for fingerprinting.
   • Apply for your TIE (Tarjeta de Identidad de Extranjero) within 30 days of entry if your visa says so.
   • Empadronamiento at your Ayuntamiento to register your address.
6. Collect TIE and maintain status:
   • Pick up your TIE in 3-6 weeks after fingerprints.
   • Comply with renewal rules on income, insurance, investment, or employment. Track renewal windows.

Key identifiers you will obtain include an NIE (Número de Identidad de Extranjero) and a TIE card. Government fees are usually paid via Modelo 790, códigos 012 and 052.

What are the Specific Spain Legal Requirements?

Requirements depend on category, but all routes need a valid passport, clean criminal record for the last 5 years, and comprehensive health insurance. Financial thresholds often reference IPREM or SMI, and certain permits require Spanish employer sponsorship or qualifying investments.

• Non-lucrative residence (residencia temporal no lucrativa - LOEX): show income or savings at 400 percent of IPREM for the main applicant and 100 percent per dependent. As a guide, this is roughly 28,800 euros per year for the main applicant plus about 7,200 euros per dependent. No work is allowed.
• Work permit employee (cuenta ajena - LOEX): employer files for initial authorization, often subject to the national Catalogue of Hard-to-Fill Occupations or a labor market test. Contract, qualifications, and company compliance are required.
• Self-employed (cuenta propia - LOEX): business plan, professional licenses, proof of investment and projected income, and registration with Social Security.
• Family reunification (LOEX): legal residence of sponsor, sufficient income, adequate housing, and relationship documents. EU family members fall under RD 240/2007 with different conditions.
• Student and researcher (LOEX and Ley 14/2013 for some researchers): admission letter, funds, insurance; students may work limited hours after 2022 reforms.
• Highly qualified professionals, ICT, entrepreneurs, investors, and researchers (Ley 14/2013 - UGE):
  • Investor residence: traditionally 500,000 euros unencumbered in real estate, 1 million in shares or deposits, 2 million in Spanish public debt, or qualifying fund or business projects. Spain moved in 2024 to restrict real estate routes - verify current options and thresholds.
  • HQP: graduate profile and high salary benchmarked to sector, contract with Spanish entity, or assignment for ICT.
  • Entrepreneur: innovative, scalable business with favorable report from ENISA or the competent body.
  • Digital Nomad (teletrabajo internacional - Ley 28/2022): proof of remote work for non-Spanish companies, professional qualifications or experience, and income at roughly 200 percent of SMI for the main applicant plus dependents supplements.
• Arraigo exceptional routes (LOEX RD 557/2011, as amended by RD 629/2022):
  • Arraigo social: 3 years in Spain, job offer or self-employment, and social integration report.
  • Arraigo laboral: recent reforms allow those who can prove a period of work and residence under certain conditions.
  • Arraigo familiar: for parents of Spanish minors or children of Spanish parents.
  • Arraigo para la formación: after 2 years in Spain, enroll in approved training to obtain a work authorization later.

Costs to expect include visa fees typically 60-80 euros, TIE fee around 15-20 euros, authorization fee under Modelo 790 código 052 from about 10-80 euros depending on permit, private health insurance 40-120 euros per month, sworn translations 25-60 euros per page, and apostille courier costs. Investment routes involve substantial transaction taxes and legal fees.

What Spain Laws and Regulations Apply?

Spanish immigration is governed by LOEX and its Reglamento for the general regime, and the Entrepreneurs Law for fast-track categories. EU rules apply to Schengen visas and mobility, and Spain has specific decrees for EU family members and administrative procedure.

• Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social (LOEX).
• Real Decreto 557/2011, de 20 de abril, Reglamento de la LOEX.
• Ley 14/2013, de 27 de septiembre, de apoyo a los emprendedores y su internacionalización - investor, entrepreneur, HQP, ICT, researcher, and UGE procedures with 20 working day decisions.
• Ley 28/2022, de 21 de diciembre, de fomento del ecosistema de las empresas emergentes - Startup Law creating the digital nomad route and tax incentives.
• Real Decreto 240/2007, de 16 de febrero - rights of EU citizens and their family members in Spain.
• Real Decreto 629/2022 - reform of the Reglamento to ease hiring, student work, and new arraigo para la formación.
• Ley 39/2015, de Procedimiento Administrativo Común - administrative rules, including silencio administrativo.

Main authorities and portals include the Ministerio de Inclusión, Seguridad Social y Migraciones, Oficinas de Extranjería, Policía Nacional for TIE, UGE-CE for Ley 14/2013 permits, Spanish consulates under MAEC for visas, and the Sede Electrónica for online filings and Modelo 790 payments. Tax matters interact with AEAT and regional tax offices.

Frequently Asked Questions

How fast can I get a Spanish residence permit?

UGE cases under Ley 14/2013 are decided in 20 working days with positive silence, and visas are often issued in 10 days after approval. General regime visas or authorizations usually take 1-3 months depending on the consulate or Oficina de Extranjería workload.

What is the difference between residency by investment and citizenship?

Residency by investment (RBI) grants a residence card and Schengen mobility but not a passport. Citizenship by investment (CBI) is not offered by Spain; Spanish citizenship is mainly by residence, typically after 10 years of legal and continuous residence, with shorter periods for Ibero-American and other favored nationalities.

Do I become a Spanish tax resident if I hold a residence card?

No, tax residency is based on presence of more than 183 days in a calendar year or having your main economic interests in Spain. Some permits like investor residence have no minimum stay to maintain, but if you spend significant time in Spain you may become tax resident and subject to Spanish tax rules.

Can I work on a non-lucrative residence permit?

No, the non-lucrative permit prohibits work in Spain. You can later modify to a work permit if you meet the requirements and timelines set by LOEX and the Reglamento.

What is NIE and TIE, and how do I get them?

NIE is your foreigner identification number and can be obtained via form EX-15 at a consulate or in Spain, paying Modelo 790 código 012. TIE is the physical residence card issued after you obtain a visa or authorization and complete fingerprints at Policía Nacional with Modelo 790 código 012.

Can I bring my family with me?

Yes, most residence categories allow family members. Under Ley 14/2013 you can include spouse or partner, minor or dependent children, and dependent ascendants with simplified procedures; under LOEX you use family reunification or, for EU citizens, the EU family member route under RD 240/2007.

How do renewals work?

Renewals require proving you still meet the category’s conditions. For example, investors must maintain the qualifying investment, non-lucrative holders must show continued income and insurance, and workers must remain employed or meet continuity rules, usually applying 60 days before to 90 days after expiry.

What if my visa is refused?

You can file an administrative appeal called recurso de reposición within one month, or a contentious-administrative appeal within two months, depending on the decision. A lawyer can assess the refusal reasons and refile with corrected evidence if appropriate.

How soon can I get permanent residence or nationality?

After 5 years of legal residence you can obtain residencia de larga duración, which allows you to live and work indefinitely. Nationality by residence is generally 10 years, with reduced periods for certain nationalities and cases like marriage to a Spaniard after one year of residence.

Can I buy property in Spain to get residency?

Property purchase by itself does not grant residency unless it meets investor visa rules. Spain moved in 2024 to curb the real estate golden visa pathway; verify which investment options are currently accepted before committing funds.

When Should You Hire a Lawyer?

Hire a lawyer early if you have dependents, a complex employment or business structure, or plan to invest through funds or companies. Early legal planning prevents refusals, aligns physical presence with your tax position, and avoids unnecessary costs or delays.

It is also wise to engage counsel if you need to switch status in Spain, have a prior refusal or overstay, need to use arraigo routes, or are targeting nationality on a shorter timeline. For investors, a lawyer coordinates KYC, source-of-funds, fund selection, and tax modeling beyond the headline investment amount.

How Does Spain Compare to Other Popular Residency-by-Investment Options?

Spain competes with other EU and global programs. The table below highlights the key differences so you can see total impact, not just investment minimums.

Note the global shift away from direct real estate toward regulated funds and business investment, and weigh physical presence requirements separately from tax residency rules.

Total Cost in Spain: Beyond the Minimum Investment

Your total outlay depends on route. Investors should add transactional taxes, fund fees, and legal costs to the headline amount; families should include insurance and translation costs.

• Government and admin:
  • Visa fee: roughly 60-80 euros, with reciprocity variations for some nationalities.
  • Authorization fee: Modelo 790 código 052, commonly 10-80 euros depending on permit.
  • TIE fee: Modelo 790 código 012, about 15-20 euros.
  • Criminal record legalization and apostille: variable, often 50-150 euros plus courier.
  • Sworn translations: 25-60 euros per page.
• Insurance and living:
  • Private health insurance with no copays: 40-120 euros per month per adult.
  • Empadronamiento is free; municipal taxes like IBI apply if you own property.
• Investments:
  • Funds or equity: management and performance fees 1-2 percent plus possible subscription charges.
  • Public debt: brokerage and custody fees.
  • Real estate, if available: ITP 6-11 percent on resale property depending on region, or VAT 10 percent plus AJD 1-1.5 percent on new builds, plus notary and registry 1-2 percent. Annual property costs include IBI and community fees.
• Taxes and residency:
  • Non-resident income tax on Spanish-source income if you are not tax resident.
  • Wealth tax may apply to non-residents on Spanish assets and to tax residents on worldwide assets, with regional allowances. A temporary national solidarity tax has also applied in recent years at high net worth levels.

Process Walkthrough by Category

Below are simplified, Spain-specific steps for popular categories so you can plan timelines and documents.

Investor Residence - Ley 14/2013

1. Choose qualifying investment: public debt, shares, bank deposit, qualifying fund, or business project. Verify current rules on real estate.
2. Gather proof: investment certificates from Banco de España registered entities, CNMV-registered funds, or property registry nota simple if applicable.
3. Apply:
   • In Spain for the 2-year authorization at UGE-CE, or
   • At a consulate for a 1-year investor visa to enter and then switch to authorization.
4. Decision in 20 working days. If approved, complete fingerprints for TIE within 30 days.
5. Renew every 2-5 years by maintaining investment and clean record, with family included.

Digital Nomad - Teletrabajo Internacional

1. Prove remote work for non-Spanish companies, qualifications or 3 years experience, and income around 200 percent SMI plus supplements for dependents.
2. Show Spanish address plans, private health insurance, and clean criminal record.
3. Apply at a consulate for a 1-year visa or at UGE in Spain for a 3-year authorization.
4. Get a decision in about 20 working days for UGE. Obtain TIE and renew for 2 years.

Non-Lucrative Residence - LOEX

1. Document funds at 400 percent IPREM plus 100 percent per dependent, and private health insurance without copays.
2. Apply at the Spanish consulate in your home country with medical and criminal certificates.
3. Upon visa issuance, enter Spain, empadrónate, and apply for TIE within 30 days.
4. Renew after 1 year, then for 2 years, proving continued means and presence.

Work Permit Employee - LOEX

1. Employer files initial authorization at Oficina de Extranjería, addressing the labor market test or catalog exemptions.
2. Once authorized, obtain visa at consulate, then enter Spain.
3. Register with Social Security, empadrónate, and get TIE.
4. Renew based on continued employment. Consider long-term residence after 5 years.

Family Reunification - LOEX or RD 240/2007

1. Sponsor compiles income and housing proof and files reunification request, or EU citizen files for family member card.
2. Family member obtains visa where required and enters Spain.
3. Apply for TIE as family member of resident or EU citizen.
4. Renew with proof of relationship continuity and sufficient means.

Arraigo Routes - LOEX Reglamento

1. Confirm eligibility: years of stay, social integration report, work evidence, or training enrollment.
2. File at the Oficina de Extranjería with supporting documentation.
3. If approved, complete TIE issuance and transition to work authorization if applicable.

Physical Presence vs Tax Residency

Physical presence to maintain your card varies by route, with many UGE permits not imposing a minimum stay. Tax residency, however, is based on spending more than 183 days in Spain or having your main economic interests there. You can legally hold a Spanish residence card without becoming tax resident if you manage your days and affairs accordingly.

If your goal is permanent residence or nationality, you will need to accumulate real residence days in Spain. Keep travel records and empadronamiento up to date, and coordinate with a tax adviser to manage the Impuesto sobre la Renta de las Personas Físicas and wealth or solidarity taxes where applicable.

Timelines and Typical Bottlenecks

UGE decisions are fast but collecting correct evidence for funds or corporate roles can take weeks. General regime visas depend on consular backlogs, especially in peak seasons.

• Cita previa availability at Policía Nacional for TIE can delay card issuance by several weeks.
• Criminal record certificates and apostilles can take 2-6 weeks in your home country.
• Translations by sworn translators are quick in major cities but plan for 3-7 days.

Common Spain-specific Terms

Knowing local jargon helps navigate the process and portals.

• NIE - tax and identification number for foreigners.
• TIE - residence card with photo and fingerprint.
• Empadronamiento - municipal registration of your address.
• Cita previa - mandatory online appointment booking.
• IPREM - index used to set financial thresholds for permits.
• SMI - minimum wage index used in digital nomad and employment assessments.
• UGE-CE - national unit handling Ley 14/2013 permits.

When Should You Hire a Lawyer?

Engage a lawyer when choosing between LOEX and UGE routes, structuring investments, or when you need to synchronize immigration with tax and business considerations. Early legal input saves time and prevents negative decisions that complicate future filings.

Hire counsel urgently if you face deadlines, refusals, complex family evidence, status modifications inside Spain, or if you are relying on exceptional routes like arraigo. For investors, legal and tax coordination is essential to capture the real total cost and preserve future nationality options.

What are the Next Steps?

Start with a route assessment, then gather documents and book timely appointments. File at the correct authority, track decisions, and complete enrollment steps in Spain.

1. Define your goal: study, work, live, invest, or family reunification, and your long-term plan for PR or nationality.
2. Choose the legal route: LOEX vs Ley 14/2013 categories based on your profile and timing needs.
3. Map total cost: investment or income thresholds, taxes, legal fees, insurance, and translations.
4. Collect documents: passports, proof of funds or employment, criminal records, marriage-birth certificates, insurance. Legalize and translate.
5. File your application: consulate for visas or UGE/Oficina de Extranjería for authorizations. Pay Modelo 790 fees.
6. Enter Spain and complete local steps: empadronamiento, Social Security where relevant, fingerprints for TIE.
7. Maintain and renew: calendar your renewal windows, keep insurance active, and preserve evidence of presence if targeting PR or nationality.

If you plan to compare Spain with Portugal, Greece, Malta, UAE, USA EB-5, or Hungary, ask a lawyer for a side-by-side analysis tailored to your passport, family, mobility needs, and tax home. The right choice balances immigration speed, travel freedom, physical presence, and tax impact.