Spain Residence Permit

Understanding Residency in Spain

Spain’s residence permit is an official authorisation that allows non-EU citizens, like Nigerian nationals, to live in the country for an extended period (i.e., longer than the 90-day limit within a 180-day period for short-stay/tourist purposes). For any intended stay in Spain longer than a short tourist visit, a long-term visa is mandatory. These long-term visas can lead to a residence permit.

A residence permit, when eventually issued, is given in the form of a physical identity card known as the Tarjeta de Identidad de Extranjero (TIE) or Foreigner Identity Card. This serves as your legal proof of Spanish residency. 

Types of Residence Permits in Spain

Spain offers a range of residence permits tailored to different circumstances and serving different purposes. Which is most suitable and appropriate for you will depend on your individual situation and your intentions for living in Spain, i.e., if you’re there for work, study, retirement, etc.

It’s important to select the correct visa type for your circumstances and ensure you meet all the visa requirements to give your application the best chance of success and avoid visa refusal. Here’s a breakdown of some of the more popular Spanish residence permits.

Non-Lucrative Residence Permit

If you have sufficient means to support yourself without working, this one-year, renewable visa offers a straightforward path of entry into Spain. The main requirement is proof you have sufficient, stable, passive financial means (i.e., from pensions, savings, investments etc) to support yourself and any dependents without working. Active work in Spain is strictly prohibited under this visa.

Work and Residence Visa

Again valid for one year initially and renewable, this offers residency to those who have secured an employment contract with a Spanish company prior to travelling. You require a pre-approved work permit for this visa, which is obtained by your Spanish employer from the Spanish immigration office.

Entrepreneur Visa

This one-year, renewable permit is targeted at those planning to set up an innovative, high-impact business in Spain. In order to be approved for this visa, you need to submit a viable and approved business plan that demonstrates the economic impact of your venture.

Student Visa

Intended for full-time educational or research purposes, this visa is valid for entry to Spain. If your studies are longer than six months, you will receive a residence authorisation for the duration of your studies (up to one year, renewable annually). To secure a student visa, you need both valid admission to an accredited Spanish educational institution and proof of funds to cover tuition and living expenses.

Family Reunification Visa

If you’re a legal resident in Spain who wishes to bring close family members (i.e., spouse, dependent children, dependent parents etc) to live with you, this visa offers a pathway to do so. It’s valid for the remaining duration of the visa under which you have Spanish residency and is renewable. You, as the reunifying resident, must prove that you have adequate accommodation and sufficient financial means to support the family members you wish to bring into Spain. 

General Requirements to Obtain a Residence Permit in Spain

Specific eligibility criteria and required documentation can vary by visa/permit type, but there are some general requirements that all Nigerian nationals looking to reside in Spain must satisfy. First, you must be able to provide certification proving you have a clean criminal record. You need legalised/apostilled certification from each country of residence you’ve held over the last five years, officially translated into Spanish.

You’ll also require a recent, official medical certificate proving that you do not suffer from any diseases that could endanger public health. Similarly, you need to secure comprehensive medical insurance cover from an insurance provider authorised to operate in Spain. This cover must be equivalent to the Spanish public health system and cover you for the entire duration of your permitted stay in the country.

Many visa types also have financial requirements. Basically, you need to be able to evidence (through bank records, for example) that you have sufficient funds to support yourself and any dependents while in Spain without relying on Spanish public funds. These minimum financial requirements are based on Spain’s Public Multiple Effects Income Indicator (IPREM). For example, primary applicants looking for a non-lucrative visa need to evidence they have funds equivalent to 400% of IPREM, or €2,400. 

You must also pay the relevant visa and resident permit fees and associated processing/administrative costs laid out by the consulate, as well as provide general required documentation like a valid passport.

Required Documents for Spain Residence Permit

Here’s a more in-depth look at the documentation you’ll need to provide in support of a visa application. The complete list of required documents can be fairly extensive and depends on the type of permit you’re applying for and your personal circumstances. 

Generally speaking, however, your application will require the following.

1. National visa application form, completed and signed.
2. Any specific residence application forms, such as the EX-01 for the non-lucrative visa.
3. Your passport (original) and a photocopy of the biometric data page,
4. At least one, usually two, recent passport-size photos that meet Schengen visa requirements.
5. Relevant proof of financial means, such as bank statements, employment contracts, pension statements, or other proof of your income/assets,
6. Proof of comprehensive health insurance valid in Spain.
7. Clean criminal record certification, legalised and officially translated.
8. Medical certification proving your health, original and copy, legalised and officially translated.
9. Any visa-specific documentation required, e.g., job contract for a work visa, business plan for an entrepreneurial visa, etc.

You should also keep proof of payment of your visa fees (i.e., receipts) for your own records.

Remember always that all non-Spanish documentation, like your criminal record certificate, must be officially translated into Spanish and legalised through the correct procedure. Failure to do so can be a common cause for significant delays in your application or even visa refusal.

If you’re uncertain how to go about this or have any doubts that your supporting documents meet Spanish consular standards, speak to one of the expert lawyers at IAS. Call us on +44 (0)333 414 9244 or contact us online today to discuss your application and ask for advice.

Process of Obtaining Spanish Residency as a Nigerian Citizen

In broad terms, you can think of obtaining a residence visa as a two-step process. Step one happens in Nigeria and starts the whole process in motion, before moving to step two and concluding in Spain. 

Within each of these two main application steps, there are a number of tasks you need to complete.

Step 1: Application for the Residence Visa (In Nigeria)

Begin by making sure you choose the correct Spanish visa type. Carefully consider your personal circumstances and the details of each residence visa category to find the one that best meets your needs and offers the greatest chance of a successful application. Then, go through the list of required documentation and make sure you have everything you need ready to support your application. Remember to ensure all documents are translated and legalised as required. 

With everything you need for a successful application prepared, complete the necessary visa application documentation and submit it at the relevant Spanish consulate/Embassy, or an authorised visa application centre. When submitting your application paperwork, you’ll also most likely have to attend an in-person visa interview and provide your biometric data (i.e., fingerprints).

After attending your interview and submitting your application, the consulate will forward your application to the immigration office in Spain for processing. Then you just need to wait for the resolution of your application.

Step 2: Application for the Foreign Identity Card (In Spain)

Once your visa is approved, the consulate will affix the visa in your passport and notify you of the decision, inviting you to collect your passport from them. You can then travel, being mindful that you must enter Spain within the stated validity period of the visa. Once in Spain, you need to apply for your TIE within 30 days of arriving in the country. This card is your physical residence permit. Obtain it by booking an appointment online at the local police station’s immigration department. Be mindful that securing an appointment can sometimes be challenging due to high demand.

At this appointment, you will submit an application form for your TIE, along with a copy of your visa/residence authorisation and passport. You’ll also provide details of your locally registered address, any required photographs, and proof of payment of the TIE fee. At this appointment, you will also have biometric information (i.e., fingerprints) taken. After this appointment, it will take approximately 30-45 days until your physical TIE card is ready for collection. 

Common Challenges and How to Overcome Them

One frequent hurdle applicants face is proper legalisation of documentation. It’s crucial you ensure that every non-Spanish official document you provide has the correct stamp (i.e., apostille or other legalisation) and a sworn translation into Spanish. If documents don’t meet the correct consular standards, this is common grounds for visa refusal, so be sure to always use reputable, approved legalisation and translation services.

The IPREM requirements attached to certain visa types are also extremely strict and applicants need to provide suitable proof of financial means. This includes demonstrating stable income. It’s not simply enough to have a sufficient lump sum in your account at the time of application. Indeed, any large recent deposits could be a red flag and possible grounds for visa refusal.

You also need to be certain to book your TIE appointment as soon as possible upon arrival in Spain. Appointments can sometimes be scarce, particularly in major cities, so be persistent and check the system frequently.

How Long Does It Take to Get Residency in Spain?

In general, the process takes around 3-5 months from the start of your application in Nigeria to the point of obtaining your residence permit in Spain, and can be broken down into two main phases:

• Visa Application (Nigeria): Your application for a Spanish visa allowing you entry to the country starts at the Spanish consulate in Nigeria. From the time of submission of your application to an approval/denial decision on your visa, including the time to send all necessary files to Spain’s immigration office for resolution, the process generally takes 1-3 months, though it can sometimes take longer.
• TIE Application (Spain): From the time of attending a fingerprint appointment to your card being ready for collection, the process generally takes 30-45 days.

The legal processing time for your initial residence authorisation, which determines whether or not you get the visa, is generally stipulated by law. Actual response times, however, can vary depending on factors like the volume of applications being processed. Any mistakes with your application or incomplete or missing documentation can also cause delay.

Spain Residence Permit Cost

There are three main costs associated with obtaining Spanish residency. First, there are the visa application fees. These are for the processing of your long-stay visa and are paid at the Spanish consulate. Costs can vary significantly depending on visa type. A non-lucrative visa, for example, costs €516, while a student visa costs €80.

Next, there is the fee paid in Spain for your TIE and the initial residence authorisation. This can again vary by permit. Finally, you should consider other ancillary costs related to your visa application process and the supporting documentation you need to provide. This includes costs of things like:

• Legalisation of documents
• Obtaining sworn translations of documents
• Securing medical insurance
• Obtaining a medical certificate
• Criminal background certification
• Professional legal fees

Understandably, these costs are highly variable depending on the requirements of specific visas. They can also often present the most substantial cost associated with a visa application, so be mindful of them. Though not strictly speaking a cost, be mindful also of any financial criteria associated with a visa, i.e., proving sufficient funds to support yourself and any dependents.

Renewing and Converting Residence Permits in Spain

Renewing Your Temporary Residence Permit

Temporary residence permits, as the name suggests, are not permanent and must be renewed if you wish to maintain your legal status to live in Spain. You can apply for renewal within 60 days before the permit is set to expire, or within 90 days after the expiration date. It’s highly advisable to apply for renewal before the visa expires, as applying for renewal after expiration can sometimes incur fees.

The length of renewal can vary depending on the type of temporary residence permit, but is often granted for two years, with subsequent renewals often being for longer periods. Spain’s non-lucrative visa, for example, operates under a 1 year + 2 years + 2 years renewal model: the initial visa is granted for a year, and can be renewed for two years, and can then be renewed for another two years. After two renewals, you will have lived in Spain for five years and will be eligible to apply for long-term/permanent residency.

In order to successfully renew a temporary residency permit, you need to continue to meet the requirements of the original permit (e.g., continue to maintain sufficient funds for a non-lucrative visa). You must also maintain a clean criminal record (i.e., not have committed any crimes or broken any immigration laws) and have paid all relevant taxes and social security contributions for work-based permits. In order to maintain Spanish residency status, you generally also cannot be absent from the country for extended periods. To qualify for the 5-year Long-Term Residency after two renewals, your total absences from Spain must not exceed ten months in the five-year period (and no single absence can be longer than six consecutive months). 

Converting Your Temporary Residence Permit

The route to permanent residency in Spain typically begins with a temporary residence permit. Temporary residency is generally granted initially for a duration of one year and permits are typically renewable for two-year periods after this, allowing you to live in Spain for successive one/two-year terms.

After five continuous years of legal temporary residency in Spain, you become eligible for a long-term residence permit (Residencia de Larga Duración). This is renewable every five years and grants you the right to live and work in Spain indefinitely. With a long-term residence permit, you enjoy virtually the same legal rights as a Spanish citizen, with the exception of voting.

To be eligible for long-term residency, you must prove your five years of uninterrupted legal residence in the country. You must also:

• Demonstrate you have adequate financial resources to support yourself and any dependents
• Demonstrate integration into Spanish society (though note that specific tests of this integration are usually reserved for citizenship applications)

In some cases, if you meet the specific conditions laid out under Spanish law, you can convert certain permit types, like a student stay visa, into a work/residence permit also.

Foreign Identity Card in Spain

The TIE or Foreign Identity Card is your physical document proving your legal status and right of residence in Spain. It’s mandatory for all non-EU citizens who are granted a residence authorisation longer than six months. It should not be confused with the NIE (Número de Identificación de Extranjero), your unique, personal identification number used for all legal, fiscal, and administrative matters in Spain. Your TIE will contain this number (along with your photograph and fingerprint) and is your proof of residency.

You must apply for your TIE in person within one month of arriving in Spain with an approved long-stay visa. This application can be made at a designated local police station. While your NIE number is with you for life, your TIE card has a validity date that matches the duration of your residence permit. When you renew your residence authorisation, you must also renew your TIE.

When Can I Apply for Spanish Citizenship?

For many relocating to Spain, obtaining a residence permit is simply the first step on the journey to the ultimate goal of citizenship. As a Nigerian, you’re subject to the general residency requirement most non-EU nationals are subject to before they can apply for citizenship by residency. This is 10 continuous years of legal residence in Spain, or one year if you are married to a Spanish national or are the widow/widower of a Spanish national.

As well as the residency requirement, you must also pass two mandatory tests to be granted citizenship: 

• DELE A2: This is a Spanish language test to prove a basic level of language integration.
• CCSE: This tests your Spanish constitutional and socio-cultural knowledge.

The Spanish ministry of justice handles citizenship applications. Once your citizenship is approved, the final piece of logistics is to take an oath of allegiance to the Spanish King and the Constitution.

How Can IAS Help with Your Spain Residence Permit Application

Navigating the Spanish immigration system involves successfully handling a lot of bureaucracy, where a high level of attention to detail is key. There’s a lot to consider, from ensuring you correctly complete all the required paperwork for your desired visa to carrying out the correct legalisation and translation steps to make sure everything you provide meets Spanish consular standards. Any mistakes or missteps at any point of this process can lead to delays or, potentially, refusal of your visa application.

This is where the team at IAS can help. Our immigration experts are highly skilled at navigating this bureaucracy and offering bespoke advice to help ensure your application has the best possible chance of success. If you’ve had a previous application refused, we can also help analyse what went wrong and correct any mistakes to give your appeal or reapplication the best possible chance of successfully getting you to Spain. Contact us online today or call us on +44 (0)333 414 9244 to discuss your case and see how IAS can help.