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SPANISH PENSION

How to claim a pension in Spain if you’ve not worked enough years

If you've never worked in Spain or haven't paid enough social security fees into the system before retiring, it's still possible to get a Spanish pension. Here are the requirements for a non-contributory pension, how much you get and how to claim it.

How to claim a pension in Spain if you've not worked enough years
Photo: Pixabay.

If you’re living in Spain and of a certain age, you may be wondering about claiming a pension.

The minimum number of years you must have worked in Spain (the minimum period of social security contributions) before you can retire and access a state pension in Spain is 15 years. 

To claim a full Spanish pension, you must have worked and contributed for at least 36 years, although this figure will increase to 37 years by 2027.

READ MORE: How many years do I have to work in Spain to get a pension?

But what if you’ve never worked in Spain or haven’t reached the minimum 15 years of contributions? Can you still claim something?

Yes, there are options available to older people in need of financial assistance, even if they aren’t Spanish nationals and even if they haven’t worked in Spain.

But who is eligible for this type of pension in Spain, how much is it worth, and how do you apply?

Non-contributory pension

Non-contributory pensions (pensiones no contributivas) are for people ineligible for the normal contribution-based Spanish pension.

In other words, those who haven’t worked at all or enough in Spain to get a full pension, and can demonstrate they do not have sufficient income to support themselves once they’ve reached retirement age.

If that’s you, you may be entitled to a basic pension through the Compulsory Old Age and Disability Insurance (or Seguro Obligatorio de Vejez e Invalidez – SOVI), which is a non-contributory system. In other words, you aren’t expected to have paid into the pot, instead it’s a means-tested system which depends on your income.

This is available to all Spanish citizens aged over 65 (60 in the case of those with disabilities) who earned below a certain level.

Foreign residents can also claim if they have lived in Spain for at least 10 of the last 15 years (including the two years prior to making a claim). They’ll also have to meet all other requirements.

As this is a means-tested pension, other income streams such as savings and family or partner income are also factored in when you apply. 

How much is Spain’s non-contributory pension?

Like normal contributory pensions, in Spain non-contributory pensions are tied to inflation and the Consumer Price Index (CPI), to ensure older people don’t lose any purchasing power. 

However, as has been the case across Europe and the world in recent months, crippling inflationary pressures on prices have meant that salaries and pensions have struggled to keep up. 

With such financial pressures, both the contributory and non-contributory pension rates were increased by 15 percent mid year to mitigate the impact of the war on Ukraine. 

This temporary increase of 15 percent is set to last until the end of the year.

The general non-contributory pension rates in Spain in 2022 are:

  • 421.40 per month for a full non-contributory pension, or 5,899.60 per year.
  • 105.35 per month as a minimum if the applicant doesn’t fulfill all the conditions, or 1,474.90 per year.

Beneficiaries 

If you live with another pensioner claiming a non-contributory pension, the amount for each claim would decreases slightly: each pension would be 358.19 per month (5,014.66 per year), and for households with three or more claimants, the payout would be 337.12 (4,719.68 per year).

If a person claiming a non-contributory pension doesn’t own a property or living a relatives’ home and rents instead, they can claim an extra €525 a year.

Claimants with a disability level of 75 percent or higher can receive €632.10 a month, equal to €8,849 a year.

non contributory pension spain

€421.40 per month is what retirees in Spain can receive as a full non-contributory pension. Photo: Cristina Gottardi/Unsplash

Eligibility

Are you eligible to claim a non-contributory pension in Spain? In order to claim, you must be:

  • At least 65 years old (60 if disabled). 
  • Be a resident in Spain for a minimum of 10 years.
  • Of those 10 years, at least two of them must have been consecutive and in the years immediately before making your application.
  • Able to demonstrate that your annual financial income is less than:
    • €5,899.60 per year if you live alone.
    • 10,029.32 per year for two people
    • 14,159.04 for three people
    • 18,288.76 for four or more people. 

However, if there are parents or children in the household, the income thresholds are slightly lower: 25,073 per year for two people; 35,397 per year for three people and 45,721.90 per year for four or more people.

How do I apply?

As with many things in Spain, responsibility for pension schemes has been delegated to Spain’s autonomous communities from the Instituto de Mayores y Servicios Sociales (IMSERSO). Each region is responsible for managing and awarding its non-contributory pension claims. 

In order to apply, you must visit your Ministerio de Inclusión, Seguridad Social y Migraciones (INSS) office and complete the application with all the necessary documents within three months before or after your last day of work. 

You can access application forms on the government pensions website, and the Spanish government’s Instituto de Mayores y Servicios Sociales has a very useful tool with all the addresses and contact details for each office broken down by region and province here.

Documents

You will need to provide the following documents along with your application:

  • ID
  • valid NIE or TIE
  • proof that you meet the eligibility requirements
  • tax ID number of the card
  • marriage certificate, if necessary
  • identity documents of any spouse or relatives over the age of 14 that live with the applicant. 

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For members

WORKING IN SPAIN

Can you work outside of Spain on the non-lucrative visa?

The non-lucrative visa is a popular choice for non-EU citizens who want to come and live in Spain, but there’s long been confusion over whether or not you can work outside of the country or not while you’re on it.

Can you work outside of Spain on the non-lucrative visa?

The non-lucrative visa or NLV as it is often referred to, is a residency authorisation that allows non-EU foreigners to live in Spain.

As the name suggests, however, it’s non-lucrative, so it doesn’t give you the right to work here, instead you have to demonstrate that you have sufficient savings for yourself, as well as any family members you’re bringing with you. 

Many people claim that if you’re not actually working in Spain while on the visa, and if you’re work comes from abroad then it’s fine, but is it actually legal?

Online searches reveal many conflicting results with several sources saying you absolutely cannot work on the visa at all under any circumstances and others saying that you can and authorities simply turn a blind eye.

It used to be a big grey area because Spanish law didn’t specifically mention remote working. Spain’s General Immigration Regime stated that, while staying on the NLV:

  • You mustn’t work for a Spanish company
  • You mustn’t work for a Spanish employer
  • You can’t open your own business in Spain
  • Nor can you open a branch office in Spain

In terms of remote working specifically, the law did’t actually address it.

READ ALSO: Does Spain check if you’re working on the non-lucrative visa?

But, authorities seemed to suggest that you couldn’t work on it at all, under any capacity, due to their rulings and decision making.

According to Barcelona-based law firm Balcells: “During the pandemic (from 2020 onward), the vast majority of consulates started to reject applications from foreigners who clearly stated they wanted to start working remotely”.

“Or if the consulate sees that remote work is what you have been doing for the past months/years, your application may even get rejected too”.

In 2023, a Madrid court denied a Venezuelan national’s application for the non-lucrative visa because they continued to advertise their professional services on sites like LinkedIn.

These all support the fact that working, even remotely for another country is not allowed.

The amount of savings you have to prove for the non-lucrative visa in 2024 is €2,400 per month, which must come from passive income such as return on investments and rental income, rather than physically working.

READ ALSO: Non-lucrative vs digital nomad visa: Which one should you choose to move to Spain?

There is now even stronger legal evidence to support the theory that you can’t work remotely while on the NLV, with the introduction of Spain’s Digital Nomad Visa or DNV in early 2023.

The whole point of the DNV is to allow non-EU remote workers and freelancers to be able to live and work in Spain, so it would defeat the entire purpose of this visa if you were allowed to work remotely on the NLV.

The DNV in fact has many requisites to ensure the way in which remote workers can legally work here. For example, they have to have worked for the same employer for three months or more and any company they work for has to have been in existence for more than one year.

To apply for the DNV in 2024 you have to prove a monthly income of at least €2,646. While this is slightly more than the NLV, it does mean that you can continue working. 

READ ALSO: Does Spain accept savings for the digital nomad visa if earnings aren’t enough?

Many remote workers may have used the NLV option in the past, but today there is no excuse, you may as well just apply for the DNV instead.

As authorities are cracking down on NLV applications, it’s simply not worth the risk having your application denied if you plan to continuing working. If you’re found out and are not declaring your income properly too, you could end up with a hefty fine and be unable to renew your visa in the future. 

Therefore, if you want to work remotely for company outside of Spain, it’s best to forget the NLV and go straight for the DNV, which will ensure what you’re doing is truly legal.

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