Types of residence in Spain
It is essential to differentiate between residents of a country in the European Union (EU), the European Economic Area (EEA) or Switzerland, and residents from third countries (not belonging to the EU/EEA/Switzerland).
Firstly, we will discuss residents of a country in the European Union (EU), the European Economic Area (EEA) or Switzerland.
According to Spanish law, you are:
- A resident in Spain if you are an EU citizen and spend more than 3 months in Spain.
- A resident and tax resident in Spain if you reside in the country for more than 183 days (6 months) per year.
The first is for legal purposes only and means that you must inform the authorities and obtain a Certificate of Registration as an EU Citizen, and the second, when you spend most of your time in Spain, implies additional tax obligations (you will have to pay tax here on all your income, regardless of its source).
Citizens of a Member State of the European Union or of another State party to the Agreement on the European Economic Area and Switzerland have the right to reside in Spanish territory for a period exceeding three months if they are in any of the following situations:
- They are employed or self-employed in Spain.
- They are students or job seekers with sufficient financial resources to support themselves without requesting public assistance.
- They are financially self-sufficient with full health coverage and sufficient financial means.
- They are immediate family members accompanying or joining an EU or EEA citizen exercising their right of residence.
In addition, for stays of more than three months, it is mandatory to register with the Spanish authorities and obtain a Certificate of Registration as an EU citizen, which is official proof of legal residence in Spain. This certificate allows access to services such as healthcare and social benefits. After five years of continuous legal residence, the right to permanent residence is granted without the need to meet additional requirements.
These provisions are based on Directive 2004/38/EC and Royal Decree 240/2007, which regulate the free movement and residence of European citizens in Spain, guaranteeing their right to settle legally and access basic services on Spanish territory.
They must have sufficient resources for themselves and their family members so that they do not become a burden on the social welfare system in Spain during their period of residence. Furthermore, they must have public or private health insurance, taken out in Spain or another country, which provides them with coverage equivalent to that offered by the National Health System during their period of residence in Spain.
They are students and are enrolled in a public or private centre recognised or funded by the competent educational authority for educational purposes; they have public or private medical insurance that offers them full coverage in Spain and they guarantee that they have sufficient resources for themselves and their family members, so that they do not become a burden on the Spanish social welfare system during their period of residence.
They work for someone else or are self-employed in Spain.
They are family members accompanying or joining a citizen of a Member State of the European Union or another State party to the Agreement on the European Economic Area who meets the conditions set out in one of the above cases. The family member may be:
- In the case of a family member of a student, their spouse or registered partner or the children of the student and their dependent spouse or partner.
- In all other cases, the spouse or civil partner, their direct descendants and those of their spouse or partner who are under 21 years of age or incapacitated or over that age and dependent on them, and their direct ascendants or those of their spouse or civil partner who are dependent on them.
Citizens of a Member State of the European Union or of a State party to the Agreement on the European Economic Area, as well as members of their family who are not nationals of one of these States, who have resided legally in Spain for an uninterrupted period of five years, are entitled to permanent residence.
If you have a Blue Card from another EU Member State and have lived elsewhere in the EU for the same period, this also allows you to reside permanently in Spain, provided that you have lived in Spain for the previous two years.
If you have an EU long-term residence permit granted by another EU Member State and wish to remain in Spain, you must renounce your long-term resident status in the other country and apply for an EU long-term residence permit at the Foreigners’ Office in Spain.
You can apply for Spanish nationality after 10 years of residence in Spain. You can also acquire Spanish nationality through marriage or birth, even if you or your Spanish parents were born outside Spain.
There are exceptions to the 10-year rule depending on the country of origin and other cases, such as refugees.
You will be asked to prove that you are a “good citizen” — with financial stability and no criminal record — and that the authorities consider you to have a “sufficient” degree of integration into Spanish society, for example, that you are able to speak Spanish and participate in social activities that are part of the Spanish way of life.
Secondly, we will discuss residents who come from third countries (not belonging to the EU/EEA/Switzerland).
The information for residents from third countries (not belonging to the EU, EEA or Switzerland) is different and is based on stricter and more specific requirements, regulated by the Immigration Act and its Regulations, which were updated in 2025.
To obtain residency in Spain as a third-country national, you must meet certain key requirements:
- You must not be in Spain illegally.
- You must have no criminal record in Spain or in your previous countries of residence.
- You must not be included on any lists of persons who are inadmissible or prohibited from entering the country under international agreements.
- You must have a valid passport and sufficient financial means to avoid dependence on the public social welfare system.
- Have public or private medical insurance that covers the entire stay in Spain.
The most common types of residence permits for third countries include:
- Temporary residence for work (employed or self-employed).
- Temporary non-lucrative residence (without work activity, generally for those with sufficient financial means).
- Residence for studies, with medical insurance and sufficient funding.
- Family reunification, which allows immediate family members to join the legal resident in Spain under specific conditions, including spouses, stable partners, children under 26 or dependents, dependent ascendants, and other family members in some cases.
- Residence due to exceptional circumstances or social, work or family ties, which allow particular situations to be regularised if certain requirements are met, such as temporary ties, previous employment or family and social ties.
To obtain permanent residence, you must have resided legally and continuously in Spain for five years, with integrity in terms of legal obligations and without irregularities.
Applications require the submission of specific documentation such as a passport, criminal record certificate, proof of financial means, medical insurance, employment contracts if applicable, and in the case of family reunification, proof of relationship and cohabitation.
The process for third-country nationals is more complex and requires formal compliance with authorisations and renewals, respecting current regulations and, in some cases, adapting to changes in the new Immigration Regulations applied since 2025, which facilitate, for example, mechanisms for those who are in an irregular situation under certain conditions.
In summary, third-country residents must meet rigorous requirements for entry, stay and permitted activities, clearly differentiating themselves from the regime applicable to EU/EEA/Swiss citizens, with significant obligations and specific administrative procedures for each type of residence applied for.
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