- Route first, documents second. A residence permit, a study stay, a visa and the TIE card serve different purposes and are issued on different conditions. The general rules are set by Real Decreto 1155/2024 as amended by Real Decreto 316/2026 [1][2].
- Temporary residence in Spain lasts more than 90 days and less than five years. Without it, you can stay in the country for no more than 90 days in any 180 [1].
- In practice there are six routes: living without working (no lucrativa), remote work for an employer outside Spain (Digital Nomad), employment or your own business, study, family, and arraigo for people who already live in Spain [1][3].
- Buying property is not a route: the Golden Visa has been closed since 3 April 2025 [4].
- Where you apply depends on the route: no lucrativa goes through a consulate, arraigo only from within Spain, and the DNV and study can in some cases be done either way [1][3]. No residence permit is best for everyone; you compare the conditions and the evidence.
Where to start with a Spanish residence permit: three facts everything depends on
In everyday speech, almost any document a foreigner holds gets called a “residencia”, but in law these are different things. Temporary residence is a permit for more than ninety days and less than five years (article 60 of the Reglamento) [1]. For study and training programmes there is a separate “stay” (estancia). The NIE is an identification number, and the TIE is a card that records a permit already granted. More: NIE, TIE and residence permit.
So choose the route first and deal with certificates later. Write down on one page:
- your nationality, the country where you legally live and your current status in Spain (abroad, visitor for up to 90 days, with a permit, without status);
- what you will do: remote work, employment, your own business, study, living on your own funds;
- your family and who is coming with you or later;
- what evidence you already have: a contract, income, a degree, marriage and birth certificates, proof of your stay;
- your preferred moving date and anything that cannot be moved, such as the school year or a contract.
This is more useful than asking “which residence permit is the easiest”. There is no easy one for everyone: each route checks something different.
Where you are now: this decides where you apply
| Where you are | What is possible |
|---|---|
| Abroad | Consular visa: no lucrativa (article 63), remote work (article 74 quater of Ley 14/2013), study (article 34), family and employment once the permit has been decided [1][3] |
| In Spain as a visitor, up to 90 of 180 days | Remote work, if your stay is lawful (article 74 quinquies of Ley 14/2013), and higher education under article 54 of the Reglamento. The Reglamento does not provide for no lucrativa from within Spain [1][3] |
| In Spain with a permit | Renewal, a change of status to another permit under article 191, later larga duración [1] |
| In Spain without status | Arraigo after two years, provided you hold no other permit and have no pending procedure for one (article 126.h from 16 April 2026) [1][2] |
The ninety-day rule applies across the whole Schengen area: no more than 90 days in any 180. The window is rolling (for each day you count 180 days back), and days on a national visa or permit are not counted (article 48) [1][10]. The words of article 48, “a partir de la fecha de la primera entrada en el Espacio Schengen”, do not mean a fixed count from your first entry. You can check how many days you have left in the European Commission calculator [10]. On choosing between applying in Spain and at a consulate: applying from Spain or through a consulate.
What you will do: grounds by situation
| Your situation | Route | Key condition |
|---|---|---|
| You live on your own funds and do not work | No lucrativa | Funds of 400% of IPREM a month for the applicant and 100% for each family member, plus insurance. You cannot work [1] |
| You work remotely for a company outside Spain | Digital Nomad (DNV) | A degree or three years of experience, a relationship with the company of at least three months, income from €2,849 a month as of 01.10.2026 [3] |
| You have an employer in Spain | Employment | A contract, an employer up to date with tax and Seguridad Social, the labour market situation or an occupation from the official catalogue [1] |
| Your own business | Cuenta propia | Qualifications, licences for the activity, a sufficient investment [1] |
| Study | Estancia por estudios | Enrolment on a programme covered by article 52, funds and insurance [1] |
| A relative is a resident or a Spanish citizen | Family reunification and family of a Spanish citizen | Funds of 150% of IPREM for a couple and 50% for each additional person (article 67) [1] |
| Already two years in Spain | Arraigo | Two years without interruption, plus one of five specific conditions [1] |
The 2026 IPREM is €600 a month [5], so a single no lucrativa applicant has to show €2,400 a month for the length of the permit. Buying property is not in the table; it is covered separately: Golden Visa and buying property. A comparison on every point: which residence permit to choose. The specifics for Russians, Ukrainians, Belarusians and Kazakhs are covered separately: which routes work for Russians.
Who is coming with you: family and the ground for each person
Your partner and children do not always get their documents on the same route as you. Under no lucrativa, each family member adds 100% of IPREM to the threshold. The law treats as family members a spouse or registered partner, a stable partner after a year of living together, minor children and adult children with a disability (article 61) [1]. The DNV has its own income threshold for families: €3,917 for the applicant and one family member as of 01.10.2026 [3]. If you are in Spain on a study stay, your family is processed under separate rules [1].
Make a table: for each person, the route, the application date, the certificates needed and how long they are valid. If you have school-age children, take this into account before choosing your moving date.
Three checks you should not mix up
A good plan has three parts: immigration, employment and tax. Immigration: the route, the right to work, where to apply. Employment: the contract, Seguridad Social, who pays. Tax: from what point you are tax resident, and what happens to foreign income and reporting. Tax status is determined under article 9 Ley 35/2006 (183 days or centre of economic interests) and does not depend on having a TIE [6]. Read: tax residence and residence permits.
The name of a visa on a landing page answers neither the employment question nor the tax one. A remote work letter does not settle the Seguridad Social question on its own, and money in an account does not explain what kind of work you do.
How to organise documents and the timeline
Make a table of your documents: who issued each one, the date, whether it needs an apostille or legalisation, a translation, and how long it is valid for in your procedure. Foreign public documents are submitted with an apostille if the issuing country is party to the 1961 Hague Convention, otherwise legalised, and with a sworn translation (the ministry’s Hoja 61) [7]. For most routes you need criminal record certificates covering the last five years; for the DNV, two years plus a declaration covering five (article 62 Ley 14/2013) [1][3]. Start with these: they take the longest. Checklist by route: document checklist.
Keep a calendar alongside it: when your current status and permitted stay end, travel dates, when certificates expire. Before ordering expensive translations, check that this version of the document works for your procedure. Do not send your full archive of passports to several agencies at once: describe your situation first.
What changed in 2026 and where to check the rules
The main act, Real Decreto 1155/2024, was amended by Real Decreto 316/2026 from 16 April 2026. For arraigo, a condition was added that you hold no other permit, and the articles on the informe de integración and on the temporary right to work under sociolaboral were changed [2]. In judgments of 8 July (sentencia 868/2026) and 29 July 2026, published on 22 September, the Tribunal Supremo annulled article 197.2 on mandatory electronic filing for certain procedures.
The first judgment also annulled specific provisions on family members of Spanish citizens, minors and automatic refusal for a criminal record [8][9]. The articles on routes that this article relies on (60-67, 126-127) are not among those annulled. So it cannot be claimed that every applicant must have a personal certificate and apply only online; for UGE applications, electronic filing remains a requirement of the UGE itself. Check the rules for your category separately: where to check the current rules.
Common mistakes at the start
- Choosing a route by the price of the service. Compare the conditions and the amount of work, not the price of one service.
- Paying for translations and apostilles before choosing a route. The document may turn out to be unsuitable.
- Coming over “to have a look” without planning the days. You can stay lawfully for 90 days in 180 [1].
- Treating a property purchase as a path to residence. There has been no investor programme since 3 April 2025 [4].
- Choosing study just for the document. This route requires a real programme and real study [1].
- Mixing up tax and immigration. A residence permit does not determine your tax status [6].
- Not thinking the family through. Each family member has their own funds threshold and route [1].
When you need an individual review
A review is worth it if more than one route fits, your status in Spain is unclear (your visa is ending, you have had refusals, there are gaps in your stay), family members are applying on different routes, your income is not straightforward (freelancing, several clients, investment income) or you need to align immigration with tax. Documents decide, not an overview article. After the first consultation you will have a plan: the chosen route, the contentious points, the missing evidence, the stages and separate costs. There is no promised approval rate in it.
How we can help
The ReloVictory team in Barcelona puts your profile on one page, compares routes, builds a calendar and a document list, and the team’s lawyer prepares the application. The decision to grant is made by the authority, not by us, and we are not responsible for how long authorities take to reply. Book: consultation. Step by step: residence permit in Barcelona and route cards.
Frequently asked questions
Where do you start a residence permit application in Spain?
Which residence permit in Spain is the easiest?
Do you need an NIE before applying for a residence permit?
Can you apply for a residence permit after arriving in Spain as a tourist?
Does buying property give you a residence permit in Spain?
Do you need a lawyer to get a residence permit?
Where can you check the current residence permit rules?
Official sources
- BOE · Real Decreto 1155/2024 (Reglamento de Extranjería), articles 34, 48, 52, 54, 60-67, 126, 191, consolidated text ↗
- BOE · Real Decreto 316/2026, amendments to the Reglamento (BOE 15.04.2026) ↗
- BOE · Ley 14/2013, articles 62, 74 bis - 74 quinquies (teletrabajo) ↗
- BOE · Ley Orgánica 1/2025, disposición final 21 (repeal of the investor articles of Ley 14/2013) ↗
- Seguridad Social · Cotización 2026: SMI and IPREM values ↗
- BOE · Ley 35/2006 (IRPF), article 9 ↗
- Ministry of Inclusion · Hoja 61: legalisation and translation of documents ↗
- BOE · Sentencia del Tribunal Supremo de 8 de julio de 2026 (n.º 868/2026) and Auto de 1 de septiembre de 2026 (BOE 22.09.2026) ↗
- BOE · Sentencia del Tribunal Supremo de 29 de julio de 2026 (recurso 21/2025): second annulment of article 197.2 ↗
- European Commission · Short-stay calculator: the 90/180-day rule, counting 180 days back from each day of stay ↗
Sources reviewed on 02.10.2026. Consolidated texts and government reference pages are for information only: applying the law depends on official publications, amendments and the specific circumstances. Reviewed by lawyer Francisco Romero Jiménez (ICAB 33641) on 21.10.2026.
Turn the information into questions.
The navigator helps you gather topics for an individual review. It does not determine your right to a residence permit and does not submit an application.
Build your checklistHow ReloVictory works: a 15-minute consultation is free, a full consultation costs €121 for 45 minutes; case handling is priced by quote, and fees and translations are paid separately. The legal side is handled by the team’s lawyer, tax and administrative matters by a graduada social. More: about the team.
Prefer to do it yourself? Step-by-step guides: residence permit in Barcelona: from empadronamiento to TIE and route cards by residence ground.
Related articles
ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.
