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Citizens of the European Union (including Cyprus and Malta), Switzerland and other member countries of the European Economic Area (EEA) – Iceland, Liechtenstein and Norway – enjoy the same treatment as EU citizens, and do not need a visa to enter, stay and work in Spain.
General Visa Regime
Royal Decree 2393/2004, of 30th December, defines the rights and freedoms, as well as the social integration, of foreigners in Spain.
Citizens of the countries listed below do not need a visa for stays of no more than 90 days per six months without engaging in a working activity, but they do need one for longer stays.
| ANDORRA | ARGENTINA | AUSTRALIA | BOLIVIA | BRAZIL |
| BRUNEI | BULGARIA | CANADA | CHILE | COSTA RICA |
| CROATIA | EL SALVADOR | * ESLOVAKIA | * SLOVENIA | UNITED STATES |
| * ESTONIA | * GUATEMALA | HONDURAS | HUNGARY * | ISRAEL |
| JAPAN | * LATVIA | * LITHUANIA | MALAYSIA | MEXICO |
| MONACO | NICARAGUA | NEW ZEALAND | PANAMA; | PARAGUAY |
| * POLAND | * CHECK REPUBLIC | REPUBLIC OF KOREA | RUMANIA | SAN MARINO |
| HOLY SEE | SINGAPORE | URUGUAY | VENEZUELA | |
| Special Administrative Regions of the People?s Republic of China of HONG KONG and MACAO | ||||
Source: Web page of the Ministry of Foreign Affairs and Cooperation (14 November 2005).
(*) For the new member countries of the European Union, there will be an initial two-year transition period, starting on 1st May 2004, for the free movement of salaried workers.
All citizens of other countries need an entry visa to enter Spain, regardless of the time they intend to stay. The visa must be applied for at the Diplomatic Representation or Spanish Consular Office in the applicant’s home country. The visa, validly issued and currently in force, stamped on a passport, travel document or as a separate document, gives foreign nationals the right to stay in Spain under the conditions indicated in the visa, without prejudice of the obligation to obtain a Foreigner Identity Card if so required.
More detailed information can be found on the web pages of the Spanish Ministry
of External Affairs and Cooperation (www.mae.es),
the Secretary of State for Immigration and Emigration (http://extranjeros.mtas.es/es/)
and the Ministry of Internal Affairs (www.mir.es).
Student Visa Regime
Students who want to carry out research or training work on a non-salaried basis, or complete or extend their studies in officially recognised Spanish education or science centres (public or private), need a student visa, which can be applied for at the Diplomatic Representation or Spanish Consular Office in the applicant’s home country. Applicants must meet the following criteria:
• Be in the possession of a passport or travel document valid for the
duration of the visa applied for.
• Have been admitted to one of the aforementioned education or science
centres to carry out research or training work on a non-salaried basis, or complete
or extend studies, indicating a timetable that involves attendance and/or an
approved study, research or training plan.
• Provide a detailed description of the contents of the study, training
or research plan to be carried out.
• Carry proof of a medical insurance that covers medical costs and repatriation
in case of accident or sudden illness, valid for the entire duration of stay
in Spain.
• Have sufficient means of subsistence and adequate accommodation, covering
the entire duration of the stay and the return journey to the home country.
• For study or research programmes that require stays of more than 6 months,
applicants must present a doctor’s certificate stating they do not suffer
from any of the diseases subject to quarantine, as listed in the International
Health Regulations. Adult applicants must also provide clear evidence that they
have no criminal record, providing a police clearance certificate covering the
past five years.
The student visa allows foreigners to stay in Spain and take part in courses and study programmes, or undertake training or research activities for the entire length of their duration. The student or researcher’s immediate family members (spouse and children under the age of 18, or children under parental authority or guardianship) can also apply for a Spanish residence visa without the researcher or student having to prove a period of prior residence. If the researcher or student and their accompanying family members intend to stay in Spain for a period longer than 6 months, they must apply for the corresponding “Foreign Student Visa”, an identifying document that proves their legal situation in Spain.
Foreign student visa holders (not their family members) may be authorised to
engage in salaried professional activities if the employer presents the corresponding
employment application; the statutory requirements are met; and the professional
activities are compatible with the study programme, signing a part-time or full-time
contract for a period of no more than 3 months.
In order to legally reside in Spain, third-country nationals must be in possession of a stay or residence permit. There are two types of residence permits: the temporary residence permit (to stay in Spain for more than 90 days but less than 5 years) and the permanent residence permit (to settle in Spain indefinitely and work under the same conditions as Spanish nationals).
Temporary residence permits
Foreigners who wish to reside in Spain without engaging in a remunerated activity must apply for the corresponding visa in order to obtain a temporary residence permit. They must therefore prove, among other requirements, that they have sufficient means of subsistence and livelihood (for themselves and the family members living with them) for the entire length of time they intend to stay in Spain.
Foreigners who are staying in Spain may also be granted a temporary residence permit in a limited set of exceptional cases (close personal ties, international protection, humanitarian factors, government collaboration).
Foreigners who wish to reside and work in Spain must apply for a temporary residence permit and a work permit for self-employment or paid employment.
Family members
The foreign national’s immediate family members (spouse and, in some cases,
minor children, or disabled children for whom they are the legal guardian, and
parents) also have the right to reside in Spain after being granted a temporary
residence permit for the purpose of family reunification. The length of the
residence permit is equal to that of the third-country national who applied
for family reunification. Family reunification can be applied for after having
legally resided in Spain for a one-year period and already having applied for
a second year of residence in the country.
Duration, renewal and termination
Temporary residence permits and temporary residence and work permits have an
initial duration of one year, and are renewable for additional two-year terms,
as long as the circumstances of the application have remained unchanged from
the previous application.
It is possible in some cases to change a student visa into a residence and work permit, without having to apply for a new visa.
The temporary residence permit expires (among other factors) when the foreign resident can no longer provide sufficient financial resources, means of livelihood, health care assistance or suitable accommodation, and when, apart from rare exceptions, the resident has resided outside Spain for a period of more than six months in one year.
Procedures for the initial application for a residence permit
The procedure for the grant of a temporary residence permit starts with applying
for the corresponding visa at the Diplomatic Representation or Spanish Consular
Office in the foreign national’s home country. These official organisations
will contact the relevant Government delegation or sub-delegation, which on
their turn will decide whether the temporary residence permit is granted or
not.
The procedure for the grant of a temporary permit for paid employment and residence starts with the presentation, by the employer interested in employing the foreign national, of the corresponding application. If the application is approved, the foreign national will be required to apply for a visa at the Diplomatic Representation or Spanish Consular Office in his/her home country.
Permanent residence permit
Foreign nationals may apply for a Permanent Residence Permit after 5 years
of legal and uninterrupted residence in Spain.
Third-country nationals aged over 16 years who wish to engage in a lucrative labour or professional activity in Spain, must have the corresponding work permit. In Chapter 6 of this guide, called “Working in research in Spain”, you will find more information on the different types of permits.
Before travelling to Spain, you can check out the following web pages for more information:
European Union:
Ministry of Internal Affairs:
Ministry of External Affairs and Cooperation:
Secretary of State for Immigration and Emigration:
For more detailed information, you can contact the Spanish consulate in your home country. The web page of the Secretary of State for Immigration and Emigration includes a list of the Foreigner Offices in the different Spanish provinces: http://extranjeros.mtas.es/es/general/OficinasExtranjeros.html.
