It is no secret to anyone that when it comes to obtaining a residence permit to emigrate to Spain, European Union citizens have it pretty easy. While for those interested in emigrating to Spain from Argentina, Mexico and the rest of Latin America, who do not have dual (European) nationality, are married to a Spaniard or receive a job offer, the process usually takes longer and requires more preparation.
However, although it is true that it is more difficult, it is not impossible; so in this quick guide we are going to analyze the different types of visa, which grant you legal Spanish residency without being European.
Please note that the content of this article does not constitute legal advice and is provided for general information purposes only. If you need specific legal advice, I recommend that you contact a specialist lawyer.
Top 10 ways to emigrate to Spain from Argentina, Mexico and the rest of Latin America.
If you are not a European citizen, you do not have relatives who can make the request, you are not a descendant of Spanish parents and/or grandparents, nor do you have a job offer in Spain, I share with you the following options to emigrate to Spain independently.
Options to emigrate to Spain from Latin America independently.
– Non-profit residency
The visa for non-profit residency allows expatriates to establish their residence in
residence in Spain, as long as they do not need to carry out any commercial activity to live in the country.
commercial activity in order to live in the country. In other words, they may reside in Spain, but may not receive lucrative
receive lucrative benefits from the country (work, social assistance, etc.).
This option is ideal for retirees who have sufficient income, and for the thousands of digital
for the thousands of digital entrepreneurs who are already generating income onlinewho can live and generate income from anywhere in the world
from anywhere in the world, such as digital nomads.
– Temporary residence and self-employment.
The residence based on self-employment
self-employment is intended for
foreign citizens who wish to start a business or work independently in Spain.
or work independently in Spain.
This is the only type of Spanish work permit which does not require a
corporate sponsor. Therefore, for those who wish to emigrate to Spain, it may be an interesting option, as many employers are
Spain, it may be an interesting option, as many employers are willing to hire almost full-time workers as a “trabajador”.
willing to hire workers almost full time as a “freelancer”.
If you decide to apply while you are already in Spain, you will have a period of one month from the date of your arrival to apply for your
month after your arrival to apply for your residence and self-employment permit.
If you choose to be self-employed or offer your services as an independent worker, you must demonstrate that you are qualified, capable and/or have accredited experience in the professional activity you included in your application. In addition to sufficient financial resources to support yourself, in case you do not get clients.
In the case of looking for the creation of a business in Spain, you must comply, as in any other country (including your own) with the requirements that the Spanish legislation demands for its opening. In addition, you will have to prove that you have sufficient capital.
5 years with this temporary residence permit, you may be eligible for permanent residence.
to obtain permanent residency.
– Application for Spanish nationality for descendants of Sephardic Jews.
Perhaps you are finding out a little late, but in
2015 Spain passed a Bill that grants Spanish nationality to Spanish nationality to those
descendants of the Sephardic Jews
expelled from Spain in the 15th century and to whom most Latin Americans are related.
are related to.
Just as in my family we hired a genealogist and discovered that we indeed belong to the group of the descendants of the expelled Jews; if you are Latin American and you do the research, you probably qualify as well.
For the time being, the option of doing the paperwork
has ended (only a couple of months ago), but there is a possibility that the window may open again.
window may open again.
The rule eliminates the need to reside in Spain
and does not require renunciation of previous nationality.
However, those who do not have the requirements for any of the above-mentioned residence permits (as well as those who do not have the requirements for
residence permits mentioned above (as well as for the authorization to stay for study purposes), have the
authorization to stay for study purposes), have the option to apply for asylum, if they qualify for international protection.
qualify with the description of the figure of international protection.
How to apply for asylum
According to numerous
definitions, asylum is the protection granted by a state to someone who has fled his or her country of
has fled his or her country of origin as a result of persecution.
According to the Convention Relating to the Status of Refugeesan asylum seeker is a person who “owing to a well-founded fear of being
fear of being persecuted for reasons of race, religion, nationality
race, religion, nationality, membership of a particular social group or political
political opinionsis outside the country of his or her nationality and is unable or, because of such fears, unwilling to avail himself or herself of such protection.
or, owing to such fears, is unwilling to avail himself of the protection of that country; or who, not having a nationality
country; or who, not having a nationality and being, as a result of such events, outside the country of his former habitual residence, does not
events, outside the country of his former habitual residence, is unable or, owing to such fears, is unwilling to
or, owing to such fears, is unwilling to return to it”.
was created after the Second World War, in response to the need to provide international protection and
to provide international protection and assistance to war victims.
Types of protection
There are 3
types of protection for those asylum seekers whose application has been accepted.
This is the protection granted according to the standards established by the Geneva Convention. Receiving full asylum will allow the applicant to remain in Spain and in some cases, access to financial assistance.
those persons who do not qualify within the categories of persecution listed in the Geneva
categories of persecution listed in the Geneva Convention, may receive what is known as subsidiary protection.
According to the Council Directive 2004/83/EC of 29 April 2004.
April 2004 some
serious harm that may give rise to subsidiary protection are:
- the condemnation
death penalty or the risk of its material execution;
and inhuman or degrading treatment in the applicant’s country of origin;
serious threats to the life or integrity of civilians caused by indiscriminate violence in situations of international or
indiscriminate violence in situations of international or internal conflict.
This is a
This is a temporary benefit, generally granted to Syrians, Ukrainians and Palestinians.
Protection for persons in a “vulnerable” situation.
This type of protection may be granted to pregnant women, the disabled, the elderly or single mothers with dependent children. It is also granted to victims of violence or human trafficking.
Application for asylum to emigrate to Spain.
Those who wish to
to emigrate to Spain requesting asylum, must file a formal application during their first month in the country.
during their first month of stay in the country.
Failure to respect this deadline will generally result in the competent authority rejecting the asylum application, when it considers that there is no valid justification for the delay.
- The process starts with the filing of the application.
- After registration of the application, the applicant receives a “certificate of intent to apply for asylum” in printed form, as well as an appointment for the formalization of the application, which consists of an interview and completion of a form.
- After the interview, the applicant receives the receipt of application for international protection, also known as a “white card,” which will be replaced by a “red card” after the asylum application has been admitted by the Asylum and Refugee Office.
The main obstacle to emigrating to Spain as a political asylee.
According to the newspaper El PaísSpain rejects three out of four asylum applications. On the other hand, due to the increase in the number of applications submitted in recent years, there has been a decrease in responses from the Spanish asylum system, so that applicants are having to wait long periods of time before getting an appointment to be interviewed by the OAR, without the possibility of working legally.
How to go to live in Spain as a Mexican, Argentinean or Latin American for family reunification or labor sponsorship.
If you have
European ancestry or have the opportunity to apply for residency for work reasons, here are your
employment issues, these are your options:
- Temporary residence for family reunification
- Temporary residence and employment
- Temporary residence and work for research
- Temporary residence and work for highly qualified professionals.
- Temporary residence and fixed-term employment.
- Temporary residence and work in the framework of transnational provision of services.
- Temporary residence with the exception of work authorization.
Permanent Residence vs. Temporary Residence
foreigners wishing to reside in Spain must have been previously authorized to do so (I will explain the different
authorized to do so (later I will explain the different options you have to apply for residency).
you have to apply for residency).
Depending on your
particular case and the type of visa you are approved for, the residency in Spain, as in almost any other
Spain, as in almost any other country in the world, can be temporary or permanent.
temporary or permanent.
- Temporary residency is one in which you are authorized to stay in Spain for a period of more than 90 days, but less than five years.
permanent or long term residence, is the one that authorizes you to reside and work in
and work in Spain indefinitely and under the same conditions as Spanish citizens.
By maintaining temporary residence in Spain for five years continuously (even if in those 5 years you have lived in other EU countries or have taken vacations abroad), you will be able to apply for permanent residence if you meet the requirements.