It is generally well understood that a Non Lucrative Visa (NLV) allows a person to reside in Spain but does not permit them to work, whether for an employer or as a self employed person.
However, a common question arises: can an NLV holder work for a foreign employer, carrying out their duties outside Spain while spending most of the year living in the country? This situation is not uncommon, particularly for maritime or oil and gas workers, as well as non-executive directors of foreign companies who receive fees for attending periodic board meetings.
What is clear is that holding a NLV and working from a Spanish home for a foreign company is not permitted because it is obvious that work is actually being within Spanish territory.
Immigration and visa specialists we work with explain that consular officers reviewing NLV applications are likely to reject them if they are aware that the applicant is working, regardless of where the work is physically performed. In practice, they interpret the regulations to mean that NLV holders must rely exclusively on pension or investment income.
Whether this is correct is much disputed.
As is often the case in Spain, different officials may interpret the legislation differently, leading to inconsistencies in how applications are processed. Standard officers handling initial applications tend to reject NLV requests if they identify any minor discrepancy, often forcing applicants to appeal to Spanish tribunals to challenge the decision. Naturally, an individual’s personal circumstances also influence the outcome.
Here are some real-life examples of NLV denials:
- Director of an Iranian company who was also in charge of importing household appliances from China – NLV denied as they stated that “he would need to maintain communications with his employees in Iran from Spain and therefore he would control the business from Spain. In short, he does not comply with the first and essential reason of not carrying out any lucrative activities in any form”.
- Manager director who is working for a company in the United Arab Emirates – NLV denied because “he is an active manager of a company (the application states that he is a commercial director) who confirms that he will also maintain his residence visa in the UAE.“
Both of these cases were initially rejected by government officials and later reviewed by regional tribunals. However, the Supreme Tribunal ruled as far back as 2012 that the key requirement is not that the applicant does no work at all, but rather that they do not work in Spain.
What is clear that anyone that is working physically outside of Spain who wants to apply for a NLV should be prepared for a challenging process. Initial applications are likely to be denied, requiring applicants to appeal and justify their case. Anyway, everyone knows how bureaucracy works in Spain and the NLV application was not going to be the exception that proves the rule…
