Are you a U.S. citizen dreaming of relocating to Spain while keeping your current job in America? Thanks to recent legal reforms, it's now entirely possible to move to Spain from the U.S. and continue working remotely for your American employer. Whether you're a digital nomad, a retiree with passive income, or someone looking to study abroad, there’s a legal path for you to live in Spain.

At Visal Immigration Lawyers, we specialize in immigration law for non-EU nationals and have helped dozens of U.S. citizens successfully relocate to Spain. In this article, we’ll explain three of the most effective ways to legally reside in Spain: the Digital Nomad Visa, the Non-Lucrative Residence, and the Student Visa. We'll cover the legal requirements, benefits, application procedures, and key tips from an expert immigration law perspective.

Digital Nomad Visa in Spain: Working Remotely from the Mediterranean Paradise

The Digital Nomad Visa is the latest development for foreigners wishing to live in Spain while working remotely for companies based outside the country. Implemented in 2023 under the so-called Startup Law (Law 28/2022), this visa allows professionals from non-EU countries (such as the U.S.) to legally reside in Spain while remaining employed by a U.S. company or providing freelance services to foreign clients. In other words, a U.S. citizen can legally work remotely from Spain for their American employer thanks to this new residence permit.

Key Requirements

• Remote professional activity: You must work for a foreign company or be self-employed with international clients. If you’re employed, you’ll need a letter from your U.S. company authorizing remote work from Spain. If you’re a freelancer, you’ll need to show contracts with non-Spanish clients. In both cases, you must have had the professional relationship for at least three months prior to applying, and the company must have been operating for more than one year.
• Sufficient income: You must prove strong financial means. The law requires a minimum of 200% of Spain’s minimum wage (SMI) in monthly income for the main applicant. In 2025, this equals around €2,368/month, or €34,000/year. If you plan to bring your spouse or children as dependents, you must show additional income: typically 75% of the SMI for the first dependent and 25% per additional dependent. In practice, a U.S. citizen relocating with a partner would need at least €3,000/month to support both. Income can be proven through employment contracts, payslips, bank statements, or any other reliable financial documents.
• Education or professional experience: You must meet one of these qualification criteria: a recognized university degree (undergraduate or graduate), advanced vocational training, a degree from a prestigious business school, or a minimum of 3 years of relevant work experience in your field. This ensures that applicants are capable of performing their job independently and remotely.
• No criminal record: As with most long-term visas, you must have no serious criminal convictions. You’ll need a criminal background certificate from your country of origin (and from any country you’ve lived in recently), duly apostilled and officially translated into Spanish. You must also sign a sworn statement confirming no criminal record in the last 5 years.
• Health insurance: You must have public or private health insurance valid in Spain with full coverage (equivalent to Spain’s national health service). The policy must be active throughout your stay. U.S. citizens typically need to purchase international private health insurance, as Medicare or domestic plans do not cover them in Europe.
• Other documents and procedures: You must submit a valid passport (with at least one year’s validity and blank pages), passport photos, completed official visa application forms (national visa and remote work residence), and pay the consular fee. If applying from the U.S., you’ll also need to prove residence within the jurisdiction of the Spanish consulate handling your application. A medical certificate may be required for longer stays, stating you do not suffer from diseases of public health concern according to international standards.

Duration and Renewal

Initially, the Digital Nomad Visa is granted for 1 year (or for a shorter period if your work contract is temporary). Once in Spain, this visa serves as a residence and remote work permit. Before it expires, you can apply for a residence authorization valid for up to 3 years. Renewals are possible for additional 2-year periods, provided you continue meeting the requirements. You may reside in Spain for up to 5 years under this scheme, after which you can apply for long-term residence.

Importantly, this visa allows family reunification. Your spouse and minor (or dependent) children can be granted linked residence permits to live in Spain legally. You’ll need to demonstrate sufficient income to support them and present apostilled and translated marriage/birth certificates to prove family relationships.

Key Benefits

• Geographic flexibility: With a remote work residence permit, you can travel freely throughout the Schengen Area without additional visas, which is ideal for exploring Europe while based in Spain.
• Tax advantages: Digital nomads can apply for Spain’s special tax regime for inbound workers (Beckham Law), allowing you to pay a flat 24% income tax (up to a high income threshold), instead of Spain’s higher progressive rates that can exceed 45%. If you're earning a high U.S. salary, this can result in substantial savings.
  Note: You must request this tax regime within 6 months of becoming a tax resident in Spain. We recommend consulting a tax advisor, as U.S. citizens must still file with the IRS, though tax credits and the U.S.-Spain double taxation treaty help avoid double taxation.
• Social Security contributions: Remote work from Spain usually involves contributing to Spanish Social Security. However, under the Spain-U.S. Bilateral Social Security Agreement, you can remain in the U.S. system (Social Security) for up to 5 years if your U.S. employer obtains a Certificate of Coverage. This avoids dual contributions. If not covered, you must register in Spain’s Social Security system after receiving your NIE (Foreigner Identification Number).
• Up to 20% Spanish clients: While your main income (at least 80%) must come from abroad, the law allows up to 20% of your income to come from Spanish companies or clients. This enables occasional freelance work or consulting without losing your digital nomad status.

Application Tips and Legal Advice

You can apply for the Digital Nomad Visa from outside Spain or while already in Spain. Many Americans come as tourists (visa-free for 90 days) and apply directly from within Spain to the immigration office (Oficina de Extranjería or UGE). This avoids consular processing, but you must act quickly to gather all documentation while in Spain.

Alternatively, you can apply at the Spanish Consulate in your area (Los Angeles, Miami, New York, etc.). In either case, make sure all documents are officially translated into Spanish and apostilled (especially criminal records, marriage/birth certificates). A common mistake is forgetting to apostille documents — without this, your application may be rejected. Also, check expiration dates: many documents (like police records and medical certificates) are only valid for 3 to 6 months.

From an immigration lawyer’s perspective, we strongly advise preparing all documents in advance and ensuring you meet every condition before applying. The Digital Nomad Visa is an excellent opportunity for remote professionals with the right financial and legal standing — but its success depends on a well-prepared, error-free application.

With the right legal support, you can live and work from a sunny terrace in Barcelona or a beachfront café in Málaga — legally and confidently.

 

Non-Lucrative Residence in Spain: Live in Spain Without Working

The Non-Lucrative Residence Permit is one of the most popular pathways for non-EU citizens who wish to live in Spain without engaging in any professional or economic activity. It is designed for individuals with their own financial resources (such as savings, pensions, or investments) who want to move to Spain for retirement, take a sabbatical, or simply enjoy Spanish life without working. Many U.S. citizens with passive income or retirement funds choose this visa to spend their golden years in Spain or to take an extended break.

What Is It?

This visa does not allow any work activity in Spain, either as an employee or as a freelancer. Even remote work for foreign companies is prohibited under this permit, as it is considered gainful activity. In short, the holder commits to not performing any professional work while residing in Spain with this visa.

In return, Spain grants an initial 1-year residence permit, renewable as long as you continue to meet the financial and legal requirements. This visa is ideal for retirees, financially independent individuals, or families who wish to experience life in Spain without entering the job market.

Key Requirements

While the requirements are somewhat less technical than those of the Digital Nomad Visa, they are still strict, especially regarding finances:

• Sufficient financial means: This is the cornerstone of the application. You must prove income or savings equivalent to 400% of the IPREM (Spain’s income benchmark). In 2023, this meant over €2,400/month, and authorities typically expect proof of €27,000–€30,000 per year for the main applicant.
  For each dependent (spouse, children), you must add 100% of the IPREM (around €6,000–€7,000/year per person). For instance, a couple with no children would need to show around €35,000/year. Financial means can be proven through bank statements, investment account certifications, pension letters, proof of passive income (rental, dividends), etc.
• If you're still of working age, the Spanish consulate may require extra proof that you do not intend to work. This could include a resignation letter from your previous employer or a notarized statement committing not to work while in Spain.
• Private health insurance: You must obtain comprehensive private health insurance in Spain with no co-payments, equivalent to the national healthcare system. Spanish insurers offer special policies that meet the visa requirements and must cover you and any dependents for at least the first year of your stay.
• Clean criminal record & medical certificate: As with other long-term visas, you must submit a clean criminal record certificate (apostilled and translated into Spanish) from the last 5 years.
  If your stay will exceed 6 months, you’ll also need a medical certificate issued by a licensed doctor stating that you do not suffer from any disease that could seriously impact public health, according to the International Health Regulations of 2005. This certificate must also be apostilled and translated into Spanish.
• Passport and application forms: Your passport must be valid for at least one year. You'll also need passport-sized photos, the national visa application form, and the EX-01 form for the non-lucrative residence. Each applicant (including children) must file a complete application.
• Application from outside Spain: Unlike the Digital Nomad Visa, you must apply from your home country or your country of legal residence. You cannot apply for the non-lucrative residence permit from within Spain. This means the visa must be stamped into your passport by the Spanish consulate before you travel.

You’ll also need to prove you live within the consulate’s jurisdiction (for example, by submitting a U.S. driver’s license or utility bill).

Duration and Renewal

• The initial non-lucrative residence is valid for 1 year.

• You can then renew it for 2 more years, and after that, another 2 years.

• After 5 years of continuous residence, you can apply for long-term residence (permanent), which allows you to work and no longer requires proof of financial means.

Even though the initial permit does not allow work, you can modify your residence status after the first year if your circumstances change. For example, if you receive a job offer or wish to start a business, you can switch to a residence and work permit (either as an employee or self-employed), without leaving Spain.
This transition is subject to meeting all work permit conditions, but the benefit is that you can change your status without having to return to the U.S.. Many residents choose this path once they’ve settled in and identified new opportunities.

Ideal Applicant Profile and Considerations

The non-lucrative residence is designed for financially stable individuals looking to enjoy Spain’s lifestyle at a relaxed pace. It’s widely used by retired Americans with comfortable pensions, temporarily retired professionals, or families taking a sabbatical (for example, self-employed parents who can delegate their business or families with significant savings looking for a cultural experience).

However, it's essential not to work unofficially while holding this permit. A common mistake is assuming that working remotely for a U.S. employer will go unnoticed. If discovered — for example, during a renewal or legal check — you may be found in breach of your conditions, which could affect your residency.

Our legal advice: Stay consistent with the purpose of this visa. If your true intention is to keep working remotely, apply for the Digital Nomad Visa instead.
If you genuinely plan not to work and live off savings or passive income, the non-lucrative permit is a great option.

Additional Benefits

This permit gives you legal residency in Spain, which allows you to:

• Open a bank account

 

• Rent or buy property

 

• Drive with your U.S. license for up to 6 months (after that, you’ll need to take Spanish driving tests, as there is no license exchange agreement between Spain and the U.S.)

 

• Enroll your children in public schools

You can also apply to join the public health system in some regions by paying a monthly fee under a special healthcare agreement (Convenio Especial).

Tax Considerations

If you spend more than 183 days a year in Spain, you’ll be considered a Spanish tax resident, and your worldwide income will be subject to Spanish taxation.
Unlike the Digital Nomad Visa, there is no special tax regime for non-lucrative residents.
U.S. pensions, retirement withdrawals, and passive income may be taxable in Spain — but the Spain-U.S. Double Taxation Agreement ensures you won’t be taxed twice on the same income. In many cases, U.S. Social Security payments are exempt from Spanish taxes, and vice versa.

We strongly recommend that you consult a tax advisor to understand your obligations and plan the move strategically.

Conclusion

The non-lucrative residence permit is an excellent choice for U.S. citizens with strong financial resources who want a peaceful life in Spain without engaging in work.
With the right financial documentation, private health insurance, and solid legal advice, this visa can be your gateway to a new chapter in Spain — whether you settle on the Costa del Sol, in the historic streets of Seville, or in Madrid’s vibrant heart.

 

Student Residence Permit in Spain: Study (and Work Part-Time) While Living in Spain

The Student Residence Permit — commonly referred to as a student visa — is a popular option for younger (and not-so-young) individuals who want to live in Spain for academic purposes, such as attending university, taking language courses, or enrolling in a professional training program. It is also used by those who do not meet the financial or professional criteria for other visas but wish to legally reside in Spain for a certain period through education.

Every year, U.S. citizens of all ages apply for student visas to study in Spain, ranging from master’s degrees and academic exchanges to Spanish language immersion programs and professional certifications.

Key Requirements

To obtain a student visa, you must essentially prove two things: that you’ve been accepted into an approved educational institution in Spain, and that you can financially support yourself during your stay.

• Enrollment or acceptance letter: You must present a formal letter of acceptance or proof of enrollment from a Spanish academic institution (public or private). The program must be at least 20 hours per week or full-time. Short courses with just a few hours a week are not valid.
  Eligible studies include undergraduate and graduate degrees, intensive Spanish courses, exchange programs, vocational training, and more — as long as the institution is approved for visa purposes. The course must last longer than 90 days.
  Many Americans enroll in 6+ month Spanish courses, postgraduate certificates, or even send their children to secondary or high school programs at Spanish institutions.
• Financial means: You must prove sufficient funds to support yourself without needing to work (even though limited work is allowed). Typically, the requirement is around 100% of the IPREM per month.
  In 2025, this is approximately €700–€800 per month, or about €9,000 per year. You can prove this through personal savings, a letter of sponsorship from a parent or guardian (with proof of their income), a scholarship, or an educational loan.
  If your family (spouse, children) is accompanying you, you must show additional funds — around 75% of the IPREM per dependent.
• Health insurance: Students must have full medical coverage in Spain. Some schools offer health insurance for international students, or you can purchase private insurance that covers at least €30,000 in medical expenses and repatriation. While some U.S. plans may offer international coverage, most students choose Spanish insurers for ease of access to care.

Criminal record and medical certificate: For stays over 6 months, you must submit:

• A criminal background certificate from your home country, apostilled and translated

• A medical certificate confirming good health and the absence of contagious diseases, also apostilled and translated

General documentation:

• Valid passport (valid throughout the full length of your stay)

• Completed visa forms

• Passport-sized photos

• Proof of enrollment

• Financial documentation

• Health insurance

• Consular visa fee payment

• For minors: notarized and apostilled parental authorization

If you receive a scholarship, it’s helpful to include the official award letter as proof of funding.

Duration of the Student Visa

The visa is granted for the length of the academic program. For example, a 1-year master’s program will result in a 1-year visa. If you’re in a 4-year degree, your visa is usually issued for 1 year at a time and can be renewed annually as long as you remain enrolled and pass your courses.

Typically, the initial visa is issued by the Spanish consulate, valid for 90 days. Once in Spain, you must apply for your Foreigner ID Card (TIE) at a local immigration office to cover the full duration of your studies.

Since recent reforms, it's also possible to apply directly for a student residence permit from within Spain, as long as you enter as a tourist (visa-free for U.S. citizens) and apply within 60 days before your course starts. This has made the process much easier for students who are already in Spain.

❗ Important note: Time spent on a student visa does not fully count toward permanent residency. However, you may later switch to a work permit if you meet the conditions.

Work Rights During Studies

Previously, foreign students in Spain needed a separate permit to work up to 20 hours per week. Thanks to reforms in 2022–2023, students can now work up to 30 hours/week without requesting a separate work permit — as long as the work schedule is compatible with your class schedule.

This is a huge benefit for students needing extra income or looking to gain work experience. You can:

• Take part-time jobs

• Do paid internships

• Teach English or work freelance

Remember: the main purpose is study, and you cannot work more than allowed or full-time.

Opportunities After Graduation

A major improvement in Spanish immigration law is the post-study stay option. After finishing your studies, you can:

• Apply for a 12-month residence permit to seek employment or start a business

• Apply for a residence and work permit directly, if you receive a job offer in a field related to your studies

Importantly, employers are no longer required to prove that the position couldn’t be filled by a local — making it easier to stay and work in Spain after graduation.

In short, Spain wants to retain international talent, and U.S. students now have more options than ever to remain after completing their studies.

Final Considerations for Students

If you’re choosing this route, start early. Spanish consulates in the U.S. (Los Angeles, Chicago, Miami, New York, etc.) may take several weeks to process student visas. They also limit submission dates — typically, you cannot apply more than 3–4 months before your course starts, or less than 1 month prior.

Common mistakes include:

• Submitting late

• Forgetting apostilles or translations

• Insufficient proof of funds

Also, make sure your passport is valid for the entire length of your program. For minors, parental consent letters must be notarized and apostilled.

Legally speaking, the student visa is easier to obtain than residence permits, but it is temporary and conditional on your enrollment. If you drop out or don’t attend, you’ll lose your right to remain in Spain.

If your true intention is to live in Spain long-term — not study — you should consider the other options. However, if you’re genuinely interested in studying and embracing Spanish language and culture, this visa offers an enriching path that may lead to long-term opportunities.

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Final Legal Tips: How to Choose the Right Path

Here’s a quick comparison to help guide your decision:

 

 

Legal Advice from Visal Immigration Lawyers

Whatever path you choose, keep these professional recommendations in mind:

• Plan Ahead: Start early. Review requirements with official sources or an immigration lawyer. Financial thresholds (like SMI and IPREM) and legal rules can change annually. A lawyer can evaluate your family, financial situation, and goals to recommend the best strategy and help build a strong case.

• Impeccable Documentation: Ensure all documents are properly prepared — apostilles for U.S. documents (like birth certificates, police records, degrees), certified Spanish translations, and valid dates. Many visa rejections stem from minor errors or missing proofs of income.

• Understand Tax and Health Obligations: Living in Spain may make you a Spanish tax resident, meaning you must declare worldwide income. Consider how this affects your U.S. tax obligations and make a plan with a tax advisor. Similarly, ensure your health coverage meets legal standards and your personal needs.

• Other Options Exist: Besides the three visas above, other legal pathways may apply:

  • The employee work visa, if hired by a Spanish company

  • The entrepreneur visa, if launching a business

  • Family reunification, if you have a Spanish or EU spouse

But for most Americans, the Digital Nomad Visa, Non-Lucrative Residence, or Student Visa are the most practical and accessible solutions.

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Conclusion

Spain offers a variety of legal options for Americans wishing to settle here. Whether you want to telework with the Digital Nomad Visa, retire peacefully with the Non-Lucrative Residence, or study and experience Spain with a Student Visa, your dream is achievable.

Each option has its own legal requirements and bureaucratic challenges, but with the right preparation and expert guidance, the process becomes clear, efficient, and successful.

At Visal Immigration Lawyers, our team of immigration experts is here to assist you at every step — from evaluating visa options to compiling your documents and securing your legal stay in Spain.

Have questions or need personalized advice?
Call us at +34 618 702 253 , send us a whatsapp or visit www.visalimmigration.com.

We’ll support you in English or Spanish — and help make your dream of living in Spain a legal reality.

We look forward to welcoming you to Spain!