On November 19, 2024, the Royal Decree 1155/2024 was approved, introducing reforms to Spain’s Immigration Regulations. This reform generated significant expectations among those residing in Spain under various permits, including the non-lucrative residence visa, a popular option for foreigners with sufficient economic means. However, upon closer analysis of the new regulations, it is clear that the expected changes in this area have not materialized.
Despite hopes for simplification or greater flexibility for the non-lucrative visa, the regulations remain almost identical in their essential aspects. This could be disappointing for those who expected updates to reflect the current needs of foreign residents in Spain. It is important to note that the new regulations will come into effect on May 20, 2025, six months after their approval.
What Remains Unchanged?
- Definition and Prohibition of Working
o The non-lucrative visa still prohibits any professional or work-related activities in Spain. This point has not been revised, nor have there been any new provisions to allow for remote work or income from passive sources. - Duration of the Permit
o The initial permit duration remains 1 year, with subsequent renewals lasting 2 years, as stipulated in the previous regulations. - Economic Requirements
o There have been no changes to the income thresholds, which remain equivalent to 400% of the IPREM for the main applicant and an additional 100% for each dependent. - Deadlines and Procedures
o Renewal deadlines (60 days before expiry or 90 days after) remain unchanged. Moreover, there has been no full digitalization of the process, although general administrative improvements are mentioned.
The Few Changes That Have Been Made
- Family Reunification
o The age limit for dependent children eligible for reunification has been increased to 26 years, provided they remain economically dependent.
o Unregistered partnerships are now recognized, allowing more couples to benefit from family reunification. - Administrative Digitalization
o While this does not directly affect the non-lucrative visa, the promotion of greater digitalization in immigration procedures may reduce waiting times and streamline processes in the future.
What We Would Have Liked to See
The new regulations omit several changes that could have significantly benefited non-lucrative visa applicants:
• Greater Flexibility for Employment: Many had hoped for the possibility of undertaking remote work or economic activities compatible with this permit.
• Longer Renewal Periods: Extending renewals to longer periods could have reduced the administrative burden on residents.
• Lower Economic Requirements: Updating the income thresholds to align with global economic conditions would have been well-received.
Conclusion: More Continuity than Change
The Royal Decree 1155/2024 introduces improvements in certain areas of immigration, but leaves the regulation of the non-lucrative visa virtually untouched. The changes are minimal and do not meet the expectations of those hoping for a more flexible framework adapted to modern realities.
For those already residing under this permit, the process remains the same, with similar requirements and timelines. While the adjustments to family reunification are welcome, they do not represent a significant change in the daily experience of visa holders.
