The issue of immigration to Spain has been and remains relevant in 2023. It may seem that the process of obtaining a Spanish residence permit is quite complicated from a bureaucratic point of view. In fact, Spain is doing its best to make life easier for its potential residents, legislatively introducing new grounds for immigration, simplifying the procedures for obtaining documents, and making it possible to submit applications both through its consulates and directly in the country.

The current methods of immigration to Spain in 2023 are: Golden visa, study (student) visa and visa for remote workers.

Golden visa: current way to immigrate to Spain in 2023 by investment

We have already written several times about the Spanish Golden Visa: what it is, who can count on it, how to get it, etc. In this article we briefly summarize the main characteristics of the Golden Visa, as well as innovations in the current legislation.

“Golden visa” is a collective name for several types of visas. The following can count on receiving a Golden Visa in Spain in 2023:

• foreign investors investing in Spanish real estate (investments from 500,000 €);
• foreign investors investing in government bonds, shares of Spanish companies or bank deposits (investments from 1,000,000 €);
• foreign investors-entrepreneurs who are ready to open and develop innovative businesses in the country that have economic and social significance and provide jobs;
• seconded specialists sent to work in Spanish branches of foreign companies;
• highly qualified specialists and VIP managers;
• senior teaching staff and research specialists.

Along with the above categories of foreign citizens, a residence permit in Spain can also be requested by members of their families – spouses, children, parents.

If documents are submitted through the Spanish Consulate, then the applicant is issued a visa – an annual one, pasted into the passport and subsequently, upon expiration of the validity period, subject to re-registration for residence.

If documents are submitted in Spain (and this is possible if the applicant has the opportunity to legally enter the country, for example, with another valid visa or other residence permit), then investor’s residence. Previously, such a residence was issued for 2 years.

But at the end of December 2022, changes were made to the Law on the Support of Entrepreneurs and Their Internationalization, which regulates these issues. And now the initial investor residence is issued for 3 years. After 3 years, you can apply for an extension, and if the decision is positive, it will be done for 5 years (the main thing is to maintain the status of an investor and comply with legal requirements in terms of health insurance, income, economic means, etc.).

Residence permits (residence permits) of the investor’s family members will always have the same terms as the main investor’s residence.

Study visa: a cost-effective way to immigrate to Spain in 2023

Study visa to Spain in 2023 will continue to be one of the most popular methods of relocation. This method is suitable primarily for people under 35 years of age. The educational institution can be a university, a vocational school, the level of training in which is equivalent to higher education, a business school, as well as language schools authorized by the Cervantes Institute.

It is important to remember that the study load must be at least 20 hours per week. And if we are talking about language courses, then only the intensive module is suitable.

A study visa involves minimal costs: all that is required of a foreign applicant is to confirm enrollment in a study course, have enough funds to live for the entire period of the study visa, have housing and, of course, health insurance.

In July 2022, some of the changes in migration legislation in Spain also affected foreign students:

• firstly, they were given the right to work part-time up to 30 hours a week (previously they could only work 20 hours a week);
• secondly, the right to modify a study visa into a full-fledged residence permit as soon as an employer is found who is ready to provide a full-fledged employment contract (previously, you had to live in Spain for at least 3 years on a study visa, and only then try to modify it into a residence permit with the right to work).

Remote Worker Visa: New Way to Immigrate to Spain in 2023

Visa for remote workers in Spain joined the list of Golden Visas in December 2022. This new legal category was introduced by the Startup Law. The visa is intended for foreigners who have employment relationships with foreign companies, but plan to live in Spain. In other words, this is a visa for remote (distance) workers.

The issuance and extension of the new type of visa is regulated by the aforementioned Law on Entrepreneurs and Their Internationalization. It is assumed that a foreign worker will be able to work as an employee, i.e. under an employment contract, and for oneself as an entrepreneur.

The employer or customer must be a foreign company. Of course, it is allowed to have several employers or customers. And among them there may even be Spanish companies, but their share in the total volume of labor relations should not exceed 20%.

The list of main requirements includes the following:

• The nature of the work must be exclusively remote;
• The foreign worker himself must have a higher education, professional education, a post-university diploma or a business school diploma (moreover, the law refers to recognized educational institutions that are well-known and have a reputation), or professional experience in the specialty of at least 3 years;
• At the time of applying for a visa, the employment relationship with the foreign employer/customer must last for at least 3 months, and the employer/customer must have been active in economic activity for at least 1 year;
• The remote nature of the work must be documented: the employer or customer must confirm that they allow this form of cooperation.

Since the new visa is essentially one of the subtypes of the “golden visa”, two options are possible: through the consulate and in Spain. In the first case, we are talking about issuing a visa for a period of one year, giving the right to live and work remotely in Spain. In the second case, we are talking about a residence for remote workers, issued for 3 years with the possibility of subsequent extension. For now, unlike the investor’s residence, the (repeated) extension is provided for 2 years, and not for 5 years.

To register a residence directly in Spain, you must be able to legally enter the country. This can be entry on any visa, or on the basis of any residence permit.

It is expected that in the near future, instructions will be developed for migration service offices, which will regulate the procedure for accepting and considering applications for visas/residence for remote workers.