Immigration

Non-profit temporary residence permit

Many clients contact Murlà & Contreras Advocats from their countries of origin to find a way to apply for a residence permit in Spain that will allow them to enjoy better opportunities. In many cases, the non-profit temporary residence permit is presented as an interesting opportunity for foreigners and non-residents and the best way to get a permanent residence for the whole family and even Spanish nationality.

It should be borne in mind that, in general terms, obtaining a residence permit in Spain or the European Union is not an easy task. In order to obtain a work permit for another person, a job offer made by an employer is required. He/she will have to be very patient, as he/she will have to wait a few months until he/she can actually hire the foreign person in question. This is because you must first apply for a certificate from the competent administrative authority that gives credit to the fact that among unemployed nationals and residents of the territory, there is no other suitable person to occupy the offered job. In order to obtain this certificate, the offer must be uploaded to a public web and the people who want to participate in the selection for the vacancy must be interviewed.

On the other hand, in order to be eligible for a residence and work permit for highly qualified professionals, the salary must be around 40,000 euros a year. We are thus talking about jobs with a salary well above average.

At the same time, applying for a residence and self-employment permit is difficult, as the applicant is required to have the company practically ready to start their activity. Due to the number of requirements called for by the administration (which requests feasibility reports, licenses, business plans, etc.), it is one of the most difficult applications to obtain.

If we add to the above information that students are not considered  residents but that their link with the State is classified as a stay period, at M&C we consider that the application for a temporary non-profit residence visa to come to Europe is an excellent choice. This authorization is granted when the foreign person has sufficient financial means to reside in Spain for one year without working, allowing him to enter as a resident. With this permit, the residence period counts and enables them to apply for Spanish nationality later on (remember that nationals of Latin American countries are required to have two years of regular and continuous residence in order to apply for Spanish nationality).

However, it must be borne in mind that with this type of residence permit, no work or professional activities can be carried out at least during the first year. From that time on, there is the possibility of modifying the permit to be able to work. After five years of holding this residence permit, you can apply for a long-term residence. From this point on, the foreigner will be able to work without limitations.

However, if a foreign person wants to have a long-term residence permit in Europe and can show that he/she has sufficient financial means for his/her living and subsistence expenses, including, where appropriate, those of his/her family, we recommend our clients to apply for non-profit residence, as it is then not necessary to provide an employment contract or make an initial investment in a business project.

So what is understood by “sufficient economic means”?

The answer is to be found in the Spanish regulations: an amount that represents, in monthly euros, 400% of the Public Indicator of Multiple Effects Income (IPREM), or its equivalent in foreign currency.

This means that a person who wants to apply for a non-profit temporary residence permit in Spain in 2020 must initially prove that he/she has the financial means of at least 25,816.12 euros for the first year.

To the above amount must be added, for the support of each dependent relative, an amount that represents 100% of the IPREM in euros per month, or its equivalent in foreign currency. The annual IPREM for 2020 is 6,454.03 euros.

Options for giving credit to economic means:

  1. In most cases, financial availability is demonstrated by bank documentation. In this case, diplomatic missions or consular posts usually call for account statements for the last 12 months, along with the mean balance and the current balance.
  2. Proof of a source of regular income (it could be the income generated by renting a property, the receipt of a retirement pension, etc.).
  3. It may be proved by any means of proof, including the contribution of property titles, certified checks or credit cards accompanied by a bank certificate showing the amount available as credit on the card.

At Murlà & Contreras Advocats, we offer a comprehensive service to applicants for a non-profit temporary residence permit that includes the search for a home and all the necessary legal and administrative support once the foreign person enters Spanish territory.

Contact us by email at info@murlacontreras.com, calling (+34) 935113062 or filling out the form at https://murlacontreras.com/contacte-i-localitzacio/ to present your case to us, ask for an estimate or to initiate the procedures for this residence permit.

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