Immigration Lawyers Marbella

Q: What is the difference between NIE, TIE and residency?

The NIE is just a tax identification number for foreigners — it does not grant the right to live in Spain. The TIE is the physical ID card issued to non-EU residents with an authorisation in force. The green certificate is its equivalent for EU citizens. Residency is the legal status; the TIE or certificate is simply the document proving it.

Q: What are the financial requirements for the Non-Lucrative Visa?

You must prove passive income or savings of approximately 400% of the IPREM for the main applicant, plus an additional 100% of the IPREM per family member. Employment income — including remote work — is not valid for this route; a Digital Nomad Visa is required in that case.

At MT Legal Lawyers Marbella we offer comprehensive legal services in all kind of procedures related to immigration.

We have extensive experience in solving legal problems related to immigration. We put at your disposal highly qualified professionals to offer the best solution and achieve a satisfactory result.

Our legal services include the following matters:

Legal advice on the application and renewal of all types of residence permits.
NIE applications (Spanish tax number for foreigners).
Residence registration certificates for EU citizens.
Spanish tax residence certificates.
Spanish nationality applications.
Recognition of foreign qualifications.
Asylum and refuge.
Registration of foreign vehicles in Spain.
Exchange of foreign to Spanish driving licence.
Invitation letters.
Appeals of all type of resolutions in immigration matters, including litigation.

PRACTICE AREAS

Immigration Services

Great Investor VISA (Golden VISA)

This sort of residence permit allows investors who intend to make a significant capital investment in Spain, and their families, to get a 1-year residence visa which provides some advantages:

The application process is resolved very quickly (10 working days)
There is no obligation to reside at least 6 months per year in Spain to keep the residence permit
The residence permit allows holders not only to stay in Spain, but also to work legally

Requirements

General requirements:
– Not be in an irregular situation in Spain
– Be over 18 years of age (with the exception of the applicant’s children)
– Have no criminal record in Spain or in the countries where they have resided for the past five years, for criminal offences defined in the relevant Spanish legislation
– Not be subject to an alert issued for the purposes of refusing entry in the territorial space of countries with which Spain has signed an agreement in this regard
– Have a public or private health insurance policy with an insurance company authorized to operate in Spain
– Have sufficient financial resources for themselves and for the members of their families during their residence in Spain (2,134 Euros plus another 533 per each additional family member, per month)
– Have paid the visa or authorization processing fee.
Specific requirements:
Depending on what sort of investment is intended to be made by the investor, the following will be required:
– An initial investment with a value equal to or greater than:
1st. Two million Euros in Spanish public debt securities or
2nd. One million Euros in company shares or stock of Spanish capital companies with an actual business activity, or
3rd. One million Euros in investment funds, closed-end investment funds or venture capital funds constituted in Spain, included within the scope of application of Act 35/2003, of 4 November, on Collective Investment Institutions, or of Act 22/2014, of 12 November, regulating venture capital entities, other closed-end collective investment entities and the management companies of closed-end collective investment entities, which amends Act 35/2003, of 4 November, or
4th. One million Euros in bank deposits in Spanish financial institutions.
– The acquisition of real estate property in Spain with an investment value equal to or greater than 500,000 Euros per each applicant.
In any event, the investment of 500,000 Euros qualifies the investor and his/her family (wife/husband and/or children) to obtain this sort of visa.
Currently, at MT LEGAL SOLICITORS Marbella, this sort of investment is the most common case which qualifies our clients to get the great investor visa or Golden Visa.
– A business project intended to be carried out in Spain that is deemed and proved to be of general interest, being necessary to be considered as such the fulfilment of at least one of the following conditions:
1st. The creation of jobs
2nd. Making an investment with relevant socio-economic impact in the geographic area where the activity will be carried out
3rd . A relevant contribution to scientific and/or technological innovation.

Great Investor Residence Authorization

Similar to the great investor residence visa, but the length (2 years, renewable for subsequent periods of 2 or 5 years) and the application procedure vary slightly (residence authorization/ permit applications for great investors are submitted at the “Unidad de Grandes Empresas y Colectivos Estratégicos”, when the residence visa application is submitted at the Spanish Consulate with jurisdiction at the place of residence of the applicant).

MT Legal Solicitors will provide you with the appropriate legal advice adjusted to your personal case to see which option is the most convenient for you.

You can find more information regarding this residence visa and residence permit/authorization at the following links:

Legislation Summary

Non-lucrative Residence Permit

The Non-Lucrative residence permit allows those non-EU citizens who comply with certain requirements to live in Spain:

Not be in an irregular situation in Spain
Be over 18 years of age
Not be subject to an alert issued for the purposes of refusing entry in the territorial space of countries with which Spain has signed an agreement in this regard
Have a public or private health insurance policy with an insurance company authorized to operate in Spain
Have sufficient financial resources for themselves and for the members of their families during their residence in Spain (2,134 Euros plus another 533 per each additional family member, per month)
Not suffer from a disease which could involve eventual risk for Spanish public health according to the 2005 International Sanitary Regulation

The Non-Lucrative residence permit allows people to live but not work in Spain, also involving the obligation of residing at least 183 days in Spain.

The Non-Lucrative residence permit application is granted for an initial period of one year, and is renewable for subsequent periods of 2 years. After the second renewal, the residence permit is considered a long-term residence permit which has to be renewed every 5 years.

The Non-Lucrative residence permit application is submitted at the Spanish Consulate with jurisdiction at the place of residence of the applicant.

Should you wish to know if you qualify for the Non-Lucrative residence permit, at MT LEGAL SOLICITORS Marbella we can prepare a preliminary study of your case for a reasonable fee. Please contact us for more information.

Residence Permit for Relative of EU-Nationals Resident in Spain

There is a specific and privileged procedure available to secure a residence permit in Spain for those non-EU citizens who are relatives of EU citizens who reside in Spain.The non-EU citizen and the EU citizen can be considered relatives by virtue of marriage, duly registered civil partnership, etc.

Requirements

The EU national must be registered as resident in Spain
The EU national must have sufficient financial resources for his/her family during their residence in Spain
The non-EU citizen must have a health insurance policy in place, or alternatively must be a beneficiary of the public healthcare benefits provided by the Social Security

The “Tarjeta de Residencia de Familiar de Ciudadano de la Unión” allows people to work in Spain, and is valid for 5 years. After that, the cardholder is entitled to apply for a permanent resident permit, which has to be renewed every 5 years.

At MT Legal Lawyers Marbella, we will be pleased to assist you in obtaining this resident permit for your relative. Please contact us to get legal advice about your case.

Other Residence Permits

There are many other sorts of resident permit (student visa, “arraigo social”, “arraigo laboral”, etc.). At MT Legal Solicitors Marbella, we will be delighted to study your particular case and provide you with legal advice tailored to your case.

NIE Application

The NIE (“Número de Identificación de Extranjeros”) is the tax identification number for foreigners in Spain. This document is issued by the Police (although the NIE application can be also submitted at some Spanish Consulates).

The requirements to obtain the NIE number vary depending on whether the applicant is an EU citizen or a non-EU citizen, and also depends on the police station where the application is submitted.

At MT LEGAL Marbella Solicitors, we will assist you with your NIE application. Please contact us for more information.

Spanish Nationality Application

Spanish citizenship can be obtained following different routes, but mainly by residing legally and continuously in Spain for 10 years (citizens married to Spanish nationals can apply for Spanish citizenship after 1 year, as well as those who were born in Spain; citizens from former Spanish colonies, Portugal and Brazil, 2 years).

Applicants must prove they are integrated in Spain by passing a Spanish socio-cultural test, and a Spanish language test.

In addition, the applicant must not have a criminal record, and must have financial resources to live in Spain. The Spanish nationality process currently takes about 15-24 months. At MT Legal Lawyers, we will be pleased to assist you in your Spanish nationality application process. For more information, please contact us.

The Non-Lucrative residence permit allows people to live but not work in Spain, also involving the obligation of residing at least 183 days in Spain.

The Non-Lucrative residence permit application is submitted at the Spanish Consulate with jurisdiction at the place of residence of the applicant.

Registration as an EU Citizen Resident in Spain

Those EU citizens who intend to stay in Spain over 3 months in a period of 6, must be registered as resident at the police station with jurisdiction in his/her whereabouts in Spain. Although the requirements may vary slightly depending on the police station where the residence registration application is submitted, the applicant must comply with the following:

The EU national must have sufficient financial resources during their residence in Spain. This can be proven with bank certificates, work contract, property title deeds and land registry certificates, etc.
The EU national must have a health insurance policy in place which offers healthcare in Spain. Alternatively, the applicant can be a beneficiary of the public healthcare benefits provided by the Spanish Social Security, or provided by another EU country’s Social Security (this last case should be proven with the S1 Form provided by the authorities of the appropriate EU country).

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Frequently Asked Questions about Immigration in Marbella

What is the difference between NIE, TIE and residency?

The NIE is just a tax identification number for foreigners — it does not grant the right to live in Spain. The TIE is the physical ID card issued to non-EU residents with an authorisation in force. The green certificate is its equivalent for EU citizens. Residency is the legal status; the TIE or certificate is simply the document proving it.

Is the Golden Visa still available?

No. The Spanish Golden Visa was abolished by Organic Law 1/2025 with effect from 3 April 2025. The realistic alternatives today are the Digital Nomad Visa, the Non-Lucrative Visa, the Entrepreneur Visa and the Highly Qualified Worker Visa. Existing holders may still renew under prior rules.

What are the financial requirements for the Non-Lucrative Visa?

You must prove passive income or savings of approximately 400% of the IPREM for the main applicant, plus an additional 100% of the IPREM per family member. Employment income — including remote work — is not valid for this route; a Digital Nomad Visa is required in that case.

What income do I need for the Digital Nomad Visa?

Around 200% of the Spanish minimum wage (SMI) for the main applicant, with additional amounts per dependent. You must also prove a relevant university degree or 3+ years of professional experience, and submit a clean criminal record.

How long does the Spanish nationality process take?

Approximately 18–30 months from filing to resolution, plus 2–6 additional months for the oath at the Civil Registry. The CCSE and DELE A2 exams must be passed before filing. Files with gaps in legal residence or absences over 6 months are frequently denied.

I'm a UK citizen who arrived after Brexit. What are my options?

UK nationals not registered before 31 December 2020 are treated as non-EU citizens. The most common routes on the Costa del Sol are the Non-Lucrative Visa (retirees), the Digital Nomad Visa (remote workers), and Family Reunification if applicable.

Do I really need to spend 183 days per year in Spain to keep my residency?

The Reglamento de Extranjería (RD 1155/2024) requires effective residence, and the Oficina de Extranjería in Málaga is actively verifying this at renewals. The Supreme Court has questioned the absolute rigidity of the rule, but our advice is to plan for at least 183 days per year and document any justified absences.

Can I exchange my non-EU driving licence for a Spanish one?

Yes, if there is a bilateral agreement with your country (UK, Switzerland, Argentina, Colombia, Morocco, South Korea, Türkiye, Ukraine, among others). Countries without an agreement — USA, Canada, Australia, India, China — require taking the full Spanish theory and practical exam. The exchange window is 6 months from the date of residency.

My residency application was denied. Can I appeal?

Yes. There are two routes: an administrative appeal (recurso de reposición) within 1 month, or a judicial appeal (contencioso-administrativo) within 2 months. Success depends on the grounds for denial; we carry out a viability review before recommending litigation so you know the real chances before incurring costs.

My residency application was denied. Can I appeal?

How much does an immigration lawyer in Marbella cost?

Fees vary by procedure: NIE applications start from around €150, full residence visa files (Non-Lucrative, Digital Nomad) typically range between €1,500 and €2,800, and appeals start from €1,200. All quotes are provided in writing after a preliminary assessment, with no hidden costs.

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