The Spanish Non-Worker Temporary Residence Permit is for those foreign nationals who decide to reside in Spain legally without carrying out any work activities.
Article 45.1 of the Royal Decree 557/2011 of April 20 establishes the timeframe for this type of Permit. Because this is a temporary permit, its duration may be neither shorter than three months (90 days) nor longer than five years.
The interested foreign national must request this Permit through the Spanish Consulate or Diplomatic Mission in the foreign national’s country of origin.
For the Spanish authorities to grant this Temporary Residence Permit, the foreign national must certify the following:
- The foreign national must not be a citizen of any European-Union country, Switzerland, or the European Economic Area
- The foreign national must not be illegally present in Spanish territory
- The foreign national must not have committed any criminal activity either in Spanish territory, the previously mentioned countries or areas, or in a country or countries in which the foreign national has lawfully resided in the past five years
- The foreign national must not be inadmissible or otherwise legally prohibited from entering Spanish territory or any of the countries of the Schengen area
- The foreign national must not currently be serving time to comply with a no-return commitment to Spain
- The foreign national must demonstrate sufficient economic means for himself or herself as well as for his or her family members throughout the duration of the Permit
- The foreign national must subscribe to a private or public health insurance entity authorized by Spain.
- The foreign national must not have any infectious disease, or any of those outlined in the International Health Regulations of 2005
- The foreign national must pay the appropriate fees within a period of 10 days once filing the application for the Permit
For the Spanish authorities to grant this Temporary Residence Permit, the foreign national must also provide the following required documents:
- A legalized criminal record or other public document indicating the lack of a criminal record
- Original valid passport with a minimum validity period of one year
- Documentation indicating sufficient economic means, including the following proof:
- The foreign national can prove that he or she receives support on a monthly basis of 400% of the IPREM (Public Indicator of Multiple Effect Income). For 2013, the foreign national must show that he or she receives at least 2,130.04€/month.
- When multiple family members accompany the foreign national to Spain, the foreign national must demonstrate support for each one of them at 100% of the IPREM on a monthly basis. For 2013, this figure is 532,51€/month.
How Can a Foreign National Establish Sufficient Economic Means?
Any evidence is accepted, such as checks or credit cards (always attached to the corresponding bank certificate), company shares or participations of Spanish or foreign companies based in Spain (linked to the corresponding certificate confirming that the foreign national does not do any work activity as well as an affidavit of the Applicant swearing the same), or titles of property.
Once the foreign national submits all documentation to the Spanish Consulate or Diplomatic Mission in his or her country of origin, the Consulate or Diplomatic Mission saves the data and documentation in its system. Then, the corresponding Delegation or Sub-delegation of the Government receives it. Within no more than one month, the corresponding Delegation or Sub-delegation will make a decision about whether to grant the request.
If after three months the Delegation or Sub-delegation has not notified the Spanish Consulate or Diplomatic Mission, it is understood that the request has been denied.
Should permission be granted, the Spanish Consulate or Diplomatic Mission will issue a visa to the foreign national for no more than 90 days.
During the validity term of the visa, the foreign national must enter Spain and apply for his or her Foreign National Identity Card at the appropriate Police Station. The Foreign National Identity Card will be valid initially for one year, beginning on the date of the foreign national’s entry into Spanish territory.
To appreciate the differences between this Non-Worker Temporary Residence Permit and the Investor Residence Permit, we must await the publication of the long-awaited Entrepreneurs’ Act.
However, the holder of the Investor Residence Permit will be allowed free movement within the Schengen area and may expedite the process for obtaining permits. Even so, until the Official Spanish Gazette (BOE) publishes the Entrepreneurs’ Act, all of the information on the table is unresolved hypothesis.
This article is not considered as legal advice