Applying for a Spanish Non-Lucrative Visa should, in principle, be a relatively straightforward process when the applicant can demonstrate sufficient financial resources and intends to reside in Spain without carrying out any work or professional activity.
However, in consular practice, refusals based on suspicions or assumptions regarding the possible continuation of remote work have become increasingly common, particularly among international professionals who are accustomed to working remotely.
This was the situation faced by a Latin American family whose application for Non-Lucrative Visas submitted before the Consulate General of Spain in Chile was refused despite having demonstrated financial means far exceeding the legal requirements and having provided documentation confirming the termination of the principal applicant’s professional activity.
In response, Sterna Abogados filed a judicial review claim before the Madrid High Court (Tribunal Superior de Justicia de Madrid), defending the family’s right to obtain their Non-Lucrative Visas and challenging certain criteria that, in our view, are becoming increasingly common in the assessment of applications by some Spanish consulates.
What was the family’s situation?
The family had decided to relocate to Spain through the Non-Lucrative Residence Permit, one of the most frequently used immigration routes for retirees, international families, and individuals who wish to reside in Spain without carrying out employment or professional activities. Their application was supported by extensive financial and personal documentation.
Nevertheless, the Consulate refused the application on the basis of two main arguments.
First, it questioned both the sufficiency and origin of the financial resources provided, particularly with regard to certain credit facilities and bank cards included as part of the family’s available assets.
Second, the Consulate considered that there were indications that the principal applicant intended to continue professional activities remotely from Spain, something that is incompatible with the current legal framework governing the Non-Lucrative Visa.
Can credit cards be used to demonstrate financial means for a Non-Lucrative Visa?
This is one of the most common questions currently received by immigration law firms.
Spanish immigration regulations require applicants to demonstrate financial resources equivalent to 400% of the IPREM for the main applicant, plus an additional 100% for each accompanying family member. However, the legislation does not establish a closed list of admissible forms of evidence.
On the contrary, Spanish law generally allows applicants to prove financial capacity through any legally valid evidence, provided that it demonstrates the real and effective availability of sufficient resources to support residence in Spain.
In our clients’ case, the total financial capacity evidenced through available funds and documented credit resources significantly exceeded the minimum legal thresholds. The legal controversy was therefore not centred on the amount of available resources, but rather on the Consulate’s interpretation of the nature and reliability of some of those assets.
The second issue: suspected remote work from Spain
The second ground for refusal is particularly interesting because it affects an increasing number of international applicants. The Consulate argued that there were indications that the principal applicant intended to continue working remotely from Spain.
The Non-Lucrative Visa is intended precisely for the opposite situation: residence in Spain without carrying out professional or employment activities.
Since the introduction of Spain’s Digital Nomad Visa, Spanish authorities have paid increasing attention to distinguishing between applicants who genuinely intend to remain economically inactive and those who plan to continue working remotely for foreign employers or clients.
In this particular case, however, the application included documentary evidence confirming the termination of the applicant’s previous employment relationship, together with an express declaration undertaking not to engage in any gainful activity while residing in Spain under the Non-Lucrative Visa regime.
The legal question raised before the Court was especially significant:
How can an applicant prove that they will not engage in a future activity?
From our perspective, requiring proof of a future negative fact imposes an evidential burden that is, in practice, almost impossible to satisfy.
Our legal strategy
Our legal strategy focused on two main lines of argument.
The first involved once again demonstrating the family’s financial capacity and emphasising that the law requires economic availability rather than a specific composition of assets.
The second focused on challenging the presumption regarding remote work.
We argued that the Administration cannot base a refusal solely on suspicions or hypothetical future scenarios when the applicant has submitted objective documentation demonstrating compliance with the legal requirements.
We further highlighted that the file contained sufficient evidence regarding both the origin of the financial resources and the absence of any planned professional activity incompatible with the Non-Lucrative Residence Permit.
An increasingly common debate following the introduction of the Digital Nomad Visa
The creation of Spain’s Digital Nomad Visa has generated an increasingly important distinction between two very different immigration categories.
On the one hand, the Non-Lucrative Residence Permit is designed for individuals who wish to live in Spain through passive income, savings, investments, pensions, or personal wealth, without carrying out professional activities.
On the other hand, the Digital Nomad Visa specifically allows foreign nationals to continue working remotely from Spain for foreign companies or clients.
As a result, Spanish consulates are now scrutinising applications more closely whenever the applicant’s professional profile appears compatible with remote work.
For this reason, it has become increasingly important to prepare a comprehensive documentary strategy before submitting a Non-Lucrative Visa application.
Current status of the proceedings
The case is currently awaiting judgment before the Madrid High Court.
The Court has already scheduled the deliberation and decision stage of the proceedings, which constitutes the final step before the issuance of a judgment.
Accordingly, there is currently no judicial decision on the merits of the case.
Nevertheless, the matter raises legal questions of considerable relevance for many international applicants seeking to relocate to Spain and who increasingly encounter strict consular interpretations regarding financial means or the possibility of continuing professional activities remotely.
What can applicants learn from this case?
This case offers several important lessons.
First, proper preparation of supporting documentation is essential, particularly for internationally mobile professionals or individuals who have previously worked remotely.
Second, not every applicant is necessarily suited to the Non-Lucrative Residence Permit, and in some situations the Digital Nomad Visa may be a more appropriate option.
Third, consular decisions can be challenged before the courts where reasonable doubts exist regarding the interpretation adopted by the Administration.
Finally, the case demonstrates the importance of designing an appropriate immigration strategy before submitting any application, especially in consular procedures where decision-makers often enjoy a broader margin of discretion than in other administrative processes.
Are you planning to apply for a Non-Lucrative Residence Permit in Spain, or have you received a refusal based on financial means or remote work concerns? Our team can assess your situation and help you determine the most suitable immigration strategy for your case. Learn more about our Non-Lucrative Residence Permit service in Spain and receive specialised legal advice.
Conclusion
The Non-Lucrative Visa remains an excellent immigration route for many international families who wish to establish residence in Spain without engaging in employment or professional activities.
However, the growth of international remote work and the emergence of new immigration categories are gradually changing the way some Spanish consulates assess these applications.
For that reason, it is becoming increasingly important to analyse the applicant’s profile, the origin of their financial resources, and the compatibility of their plans in Spain with the immigration category being pursued.
If you are considering applying for a Non-Lucrative Visa or have received a refusal based on concerns regarding financial means or suspected remote work, obtaining specialised legal advice at an early stage may be crucial to protecting your interests and assessing the available legal options.