The Non-Lucrative Visa is for individuals who want to live in Spain without working, while the work visa is for those seeking employment opportunities in the country.
The Non-Lucrative Visa and Work Visa in Spain serve different purposes and come with distinct requirements, rights, and limitations. Here’s a breakdown of the main differences:
1. Purpose and Eligibility
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Non-Lucrative Visa:
- Purpose: The Non-Lucrative Visa is intended for individuals who wish to reside in Spain without engaging in any form of paid employment or professional activities. It is ideal for retirees, individuals with independent financial means, or those who wish to take a long-term stay in Spain without working.
- Eligibility: Applicants must demonstrate that they have sufficient financial resources to support themselves and any dependents without needing to work. This is usually evidenced through savings, pensions, or other forms of passive income.
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Work Visa:
- Purpose: The Work Visa is designed for individuals who intend to work in Spain. This visa allows holders to engage in paid employment or self-employment in the country. It is suitable for those who have secured a job offer in Spain or wish to start a business there.
- Eligibility: Applicants typically need a job offer from a Spanish employer or a viable business plan if applying for a self-employment visa. The employer must also demonstrate that the position could not be filled by a Spanish or EU citizen.
2. Employment Rights
- Non-Lucrative Visa:
- No Employment Allowed: Holders of the Non-Lucrative Visa are not permitted to work in Spain. This includes any form of paid employment, freelancing, or running a business. The visa is strictly for residency without income-generating activities.
- Work Visa:
- Employment Permitted: The Work Visa allows the holder to work legally in Spain. Depending on the specific type of work visa (e.g., general work visa, highly skilled work visa, or self-employment visa), the holder can engage in full-time employment, start a business, or work as a freelancer.
3. Financial Requirements
- Non-Lucrative Visa:
- Higher Financial Threshold: Applicants must prove that they have sufficient financial resources to live in Spain without working. The minimum required is typically 400% of the IPREM (Indicador Público de Renta de Efectos Múltiples) per year for the primary applicant, plus an additional 100% of the IPREM for each dependent (movingto).
- Work Visa:
- Dependent on Job Offer: Financial requirements for a Work Visa are generally tied to the salary offered by the Spanish employer. The salary must be sufficient to support the applicant and any dependents, but there is no fixed financial threshold like with the Non-Lucrative Visa.
4. Residency and Renewal
- Non-Lucrative Visa:
- Residency Requirement: To maintain the visa, holders must spend more than 183 days per year in Spain, making them tax residents. The visa is initially valid for one year and can be renewed for subsequent two-year periods, provided the financial and residency conditions are met.
- Work Visa:
- Dependent on Employment: The validity and renewal of a Work Visa are typically tied to the holder's employment status. If the job is lost or the business fails, the visa may be at risk unless another job or viable business opportunity is secured. The work Visa is usually renewable as long as employment or business conditions are maintained.
5. Pathway to Permanent Residency and Citizenship
- Non-Lucrative Visa:
- Path to Permanent Residency: After five years of continuous residence in Spain, Non-Lucrative Visa holders can apply for permanent residency. This status allows them to stay in Spain indefinitely, but they still cannot work unless they change their visa status.
- Work Visa:
- Path to Permanent Residency and Citizenship: Work Visa holders can also apply for permanent residency after five years. Additionally, they may be eligible for Spanish citizenship after ten years of legal residence, including the time spent on the Work Visa.
Summary
The Non-Lucrative Visa is for those who wish to live in Spain without working, requiring proof of financial independence, while the Work Visa is for those who intend to work in Spain, either through employment or self-employment. The Non-Lucrative Visa prohibits employment, has higher financial requirements, and offers a path to permanent residency but without the ability to work. The Work Visa allows for employment, ties residency to employment status, and also provides a path to permanent residency and potentially citizenship.