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RESIDENCY PERMITS

Spain rolls out EU Blue Card: What foreign workers should know

The Spanish government is rolling out its EU Blue Card to align with the EU's Blue Card Directive for highly-skilled and qualified workers.

Spain rolls out EU Blue Card: What foreign workers should know
Photo: Pixabay.

The Spanish government is bringing out its own EU Blue Card in keeping with EU Blue Card Directive, which offers a way for highly-skilled and experienced non-EU nationals to work and live in Spain. It also opens a route to permanent residency and perhaps even citizenship. 

The EU blue card

What is the EU’s blue card?

This specialist residency permit is similar to the US green card in that it’s geared towards drawing highly qualified professionals and talented foreigners to the EU, as well as helping to rebalance Spain’s (and Europe’s) demographic and workforce imbalances. In Spain, as in many EU countries, it is also a way of helping bolster sectors where employers need workers.

It also provides a viable pathway to long-term EU residency and even citizenship.

According to the EU Blue Card scheme website: “Labour migration into Europe boosts our competitiveness and therefore our economic growth. It also helps tackle demographic problems resulting from our ageing population.”

Who qualifies?

You can qualify for an EU Blue Card in Spain if you:

  • Have a higher education qualification equivalent to at least a level 2 qualification under the Spanish Qualifications Framework for Higher Education. 
  • Are a non-EU citizen.
  • Don’t have a criminal record or have been denied entry to Spain in the past.
  • If you don’t meet the qualification requirements, you can qualify with at least five years of professional experience in a relevant profession or sector (or three years in the prior seven years for information and communications technology managers or professionals).
  • Already have an employment contract lasting for at least six months that will pay you 1.5 times the average gross annual salary, which based on 2022 average figures works out to around €38,000.

How do I apply?

According to immigration lawyers Balcells, the process has three key stages:

Firstly, you must have a job lined up in Spain. The employer should then initiate the application.

Secondly, the applicant (the employee) must apply for a visa in their country of origin through the Spanish embassy.

Thirdly, once approved, you should arrive in Spain and receive your residency.

How long is it valid for?

EU blue cards are generally valid for up to three years, or equal to the duration of the contract plus an additional period of three months in the event that the duration of the contract is less than three years.

However, during the last sixty days of the permit, it is possible to renew the Blue Card for a further two years if you still meet the requirements. In Spain, this would mean you’re able to obtain full residency after another five years when the requirements for it are met.

READ ALSO: Portugal and Ireland have scrapped their golden visas. Will Spain be next?

Can I travel around Europe with a Blue Card?

Holders of an EU Blue Card can travel to other EU member states for up to 90 days in a 180-day period, like any other non-EU national on other non-resident visas.

What about family and dependents? 

Family members of EU Blue Card applicants can also apply for a residence permit as dependents under the main applicant’s EU Blue Card application.

How much does it cost?

There are a few costs involved in applying, renewing, and replacing the Blue Card. According to the EU’s immigration portal in Spain they are:

Application fee: €418.

Renewal fee: €112.

Replacement fee: €112.

How long does it take to get the Blue Card?

The processing time is around 45 days.

Changes to pre-existing highly qualified permit

Spain’s pre-existing visa for highly qualified professionals has also modified its requirements and expanded the possible pool of applications. Foreign nationals can now qualify for the permit if:

  • They have qualifications comparable at least to level 1 of the Spanish Qualifications Framework for Higher Education.
  • Have at least three years of relevant professional experience.
  • Permit validity has been expanded to the duration of the employment contract plus three months (up to a total of three years).

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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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