Legal entry into Spain and the pursuit of economic or professional activities in Spanish territory requires understanding the relationship between two legal concepts that, although complementary, have different nature and effects: the Foreigner Identification Number (NIE) and residence authorisations or visas.

Choosing the appropriate procedure determines the viability of the migration project and prevents situations of administrative irregularity with significant legal and economic consequences.

This article analyses the regulatory framework for visas in Spain, the main types of authorisations available, and the role of the NIE within each procedure.

At IN DIEM, our aim is to facilitate informed decision-making in immigration procedures.

The visa and authorisation system in Spain

Regulatory framework and fundamental concepts

The Spanish immigration system distinguishes three legal figures with different nature and effects:

• A visa is an administrative authorisation that allows legal entry into Spanish territory and, depending on its type, enables temporary or permanent residence. Visas are applied for at Spanish consulates in the applicant’s country of origin or habitual residence.
• A residence authorisation is the document that allows a person to remain legally in Spain for a specified period. It may or may not include authorisation to work, depending on the type of permit granted.
• The Foreigner Identification Number (NIE) is a personal, unique, non-transferable code with an exclusively identificatory function. It does not, by itself, grant the right to reside or work in Spain.

This framework is regulated by Organic Law 4/2000, on the rights and freedoms of foreign nationals in Spain and their social integration, and its regulatory development in Royal Decree 557/2011. You can consult the full regulations on the Ministry of Inclusion, Social Security and Migration’s immigration portal.

Purpose of each legal figure

• The visa serves an enabling function: it authorises entry into Spain and determines the legal regime applicable to the foreign national’s stay or residence.
• The residence authorisation establishes the duration of the permit, the permitted activities, and the holder’s obligations.
• The NIE identifies the foreign national in all administrative, tax, and economic procedures in Spain, but it does not replace the need to hold a valid visa or authorisation.

The NIE as a common element in immigration procedures

Nature and administrative function of the NIE

The NIE, regulated in Article 7 of the Immigration Regulations, is a personal number assigned by the Directorate-General of the Police to foreign nationals for economic, professional, or social reasons.

Its function is exclusively identificatory and administrative. It allows acts with tax or economic implications: opening bank accounts, buying and selling real estate, incorporating companies, registering with Social Security, or obtaining digital certificates.

The NIE does not grant the right to reside or work in Spain. It is a necessary but insufficient requirement for the legality of the stay.

Legal relationship between the NIE and a visa

The NIE is assigned as a result of a visa or residence authorisation procedure, or it may be requested independently when the foreign national needs to carry out acts in Spain without requiring legal residence.

Obtaining the NIE independently does not replace the obligation to hold a valid visa to reside or work in Spanish territory.

If you would like to learn more about situations in which a foreign national needs an NIE without holding a residence visa, we invite you to read our article “Obtaining the NIE in Spain: Complete Guide for Foreign Nationals”.

Relationship between the NIE, legal residence, and administrative obligations

The NIE accompanies the foreign national throughout their entire administrative relationship with Spain. Any residence authorisation, work permit, or renewal will be linked to the same number.

The NIE is also necessary to comply with tax obligations, such as filing tax returns, and to carry out procedures with Social Security.

Main visas to reside or carry out economic activities in Spain

Spanish law provides for various types of visas depending on the purpose of the stay. Below are the most relevant for residing or carrying out economic activities.

Residence visa for investors

This visa is regulated in Article 63 of Law 14/2013, on support for entrepreneurs and their internationalisation, and is aimed at non-EU nationals who make significant investments in Spain.

✔ Applicant profile: Investors who purchase real estate with a value equal to or greater than €500,000, make investments in investment funds or Spanish financial institutions for a minimum amount of €1,000,000, or purchase Spanish public debt with a value equal to or greater than €2,000,000.

✔ Purpose of the permit: To authorise legal residence in Spain without a minimum stay requirement in Spanish territory during the first period of validity.

✔ General requirements: Evidence of the investment by means of a public deed, bank certificate, or land registry certificate, as applicable. Take out public or private health insurance. Have no criminal record. Have sufficient financial means for the applicant and their family.

Role of the NIE: It is assigned automatically during the visa granting procedure. It is essential for making the investment and formalising the corresponding legal acts.

You can consult the full requirements on the Secretary of State for Migration website.

Residence visa for international remote work

Introduced by Law 14/2021, this visa allows professionals who work remotely for companies based outside Spanish territory to reside in Spain.

✔ Applicant profile: Employees or self-employed professionals who carry out their activity by telematic means for employers or clients located mostly outside Spain.

✔ Purpose of the permit: To authorise temporary residence with the possibility of carrying out remote professional activity from Spanish territory.

✔ General requirements: Evidence of an ongoing employment relationship or service contracts. Income from activities in Spain may not exceed 20% of the total. Demonstrate at least three months’ professional experience or appropriate qualifications. Have sufficient financial means and health insurance.

Role of the NIE: It is assigned during the visa procedure and is required to obtain the TIE and to comply with tax obligations in Spain.

Residence visa for highly qualified professionals

This visa is provided for in Article 68 of the Immigration Regulations and is aimed at professionals with higher education qualifications or proven professional experience who will carry out qualified activities in Spain.

✔ Applicant profile: University graduates, executives, research staff, specialised professionals, or workers in highly qualified positions.

✔ Purpose of the permit: To authorise residence and work in Spain for activities requiring high professional qualifications.

✔ General requirements: Hold a higher education qualification or prove equivalent professional experience of at least three years. Submit a job offer, employment contract, or evidence of the professional activity to be carried out. Have financial means and health insurance.

Role of the NIE: It is obtained during the visa procedure and is essential for formalising the employment contract and registering with Social Security.

Residence and self-employment visa

Regulated in Article 103 of the Immigration Regulations, this visa allows the pursuit of business or professional activities on a self-employed basis in Spanish territory.

✔ Applicant profile: Entrepreneurs, independent professionals, or investors who wish to establish an economic activity in Spain.

✔ Purpose of the permit: To authorise residence and the pursuit of self-employed economic activities.

✔ General requirements: Submit a project for the activity to be carried out, including an economic viability analysis. Prove professional qualifications or experience in the sector. Have sufficient financial resources to start the activity. Have health insurance and no criminal record.

Role of the NIE: It is a prior requirement for incorporating companies, registering as self-employed, and opening business bank accounts.

Residence and employed work visa

✔ Purpose: To authorise temporary residence and employed work for a specific employer in Spain.

✔ Applicant profile: Workers who have obtained a job offer from a Spanish company and meet the requirements to carry out work activities in Spanish territory.

✔ General requirements: Have a job offer or employment contract signed by a Spanish company. The employer must process the residence and work authorisation with the competent immigration office. Prove professional qualifications appropriate to the position. Have no criminal record and have health insurance.

Role of the NIE: It is assigned during the authorisation procedure and is required to register with Social Security, sign the employment contract, and comply with tax obligations.

Regulated in Articles 36 et seq. of the Immigration Regulations, this procedure requires the employer’s involvement.

Non-lucrative residence visa

This visa, regulated in Article 46 of the Immigration Regulations, allows residence in Spain without carrying out work or professional activities.

✔ Applicant profile: Individuals with sufficient financial means to reside in Spain without needing to work, such as retirees, persons with passive income, or individuals with their own assets.

✔ Purpose of the permit: To authorise temporary residence in Spain with an express prohibition on carrying out work activities.

✔ General requirements: Prove sufficient financial means equivalent to 400% of the monthly IPREM for the applicant, plus 100% of the monthly IPREM for each family member. Take out public or private health insurance with full coverage. Have no criminal record. Not be irregularly present in Spanish territory.

Role of the NIE: It is assigned during the visa procedure and is necessary to evidence compliance with tax obligations and demonstrate the availability of sufficient financial means.

You can find more information at the Ministry of Foreign Affairs, European Union and Cooperation.

Common mistakes in NIE and visa applications

The complexity of the immigration regulatory framework creates confusion that can lead to administrative refusals or subsequent irregularities.

1. Incorrect choice of visa type

One of the most common mistakes is applying for a visa that does not match the applicant’s profile or the activity the foreign national intends to carry out in Spain.

2. Incomplete or incorrect documentation

Submitting incomplete documentation or documentation that does not meet the established formal requirements is grounds for inadmissibility or refusal of the procedure.

3. Applications submitted late

Late submission of renewal applications or remaining in Spain without a valid authorisation creates situations of administrative irregularity.

4. Avoidable refusals

Many refusals occur due to a lack of prior analysis of the specific case.

Administrative and economic consequences

Visa refusals prevent legal entry into Spain and may result in entry bans to the Schengen Area, expulsion proceedings, and financial penalties.

How can we help you at IN DIEM Abogados?

At IN DIEM Abogados, we are specialists in Immigration and Foreign Nationals Law, with extensive experience in processing NIEs and VISAS for clients worldwide.

Visa and residence permit applications require an individualised legal analysis that takes into account the applicant’s personal, professional, and financial circumstances.

Our team offers a comprehensive service that includes:

• Personalised advice: we analyse your specific situation and explain the most appropriate procedure according to your needs, whether it is buying a home, incorporating a company, investing in Spain, or any other purpose.
• Full management of the procedure: we take care of the entire process, from preparing the documentation to obtaining appointments, submitting applications, and following up until a favourable decision is issued.
• Legal representation by power of attorney: if you live abroad, we can act on your behalf through a notarial power of attorney, avoiding unnecessary travel and speeding up the process.
• Translation and legalisation of documents: we coordinate the sworn translation of your foreign documents and arrange the Hague Apostille when necessary.
• Management of residence permits: if your goal is to live and work in Spain, we also handle all types of legal residence: for employment, self-employment, family reunification, studies, and for investors and entrepreneurs, among others.
• Support in real estate and business transactions: if you need the NIE to buy a property or incorporate a company, we provide comprehensive advice throughout the entire transaction, ensuring legal certainty and regulatory compliance.

Contact us. We are here to help you.

Frequently Asked Questions

Please note…

Immigration procedures do not allow for improvisation. An error in choosing the visa, incomplete documentation, or failure to meet deadlines may result in your application being refused, wasted time and unnecessary costs, and even administrative records that make future regularisations more difficult.

At IN DIEM Abogados, we analyse your situation on an individual basis to identify the most suitable immigration route, anticipate risks, and manage the entire procedure in full compliance with the applicable regulations.

We accompany you through each phase of the process.

Other publications on our blog that may interest you

Expert Immigration Lawyers: European Union, Latin America, Spain, and International Service.

IN DIEM Abogados has a team with experience in previous roles such as Judge, State Attorney, Public Prosecutor, or University Lecturer, which will provide you with peace of mind and confidence, as you will have the best team—competitive and highly prepared—to achieve your objectives and meet your needs.

Our firm provides comprehensive advice in all areas related to immigration, including:

Residence Permits and Visas: We advise individuals and companies on obtaining residence permits, whether for work, studies, family reunification, or non-lucrative residence. We ensure that all procedures are carried out in accordance with current regulations and efficiently.

Work Permits and Self-Employment Authorisations: We guide foreign nationals through the process of obtaining employed or self-employed work permits, both for EU citizens and non-EU citizens, providing the necessary support to ensure the legality of their work activity in Spain.

Spanish Nationality: We provide legal advice throughout the process of obtaining Spanish nationality, whether by residence, marriage, or other means, ensuring comprehensive support at every step.

Family Reunification: We manage the family reunification process, both for immediate family members of resident foreign nationals and for those who wish to reunite with their family in Spain, ensuring compliance with legal requirements.

Immigration and Expulsion: We defend the rights of foreign nationals against administrative decisions that may affect their situation in Spain, including appeals against permit refusals and expulsion proceedings.

Advice to Companies: We advise companies that need to manage the hiring of foreign staff or wish to establish subsidiaries in Spain, ensuring compliance with labour and immigration regulations.

We are at your disposal for anything you need. You can reach us via IN DIEM Lawyers Phone (+34) 916 353 892. For urgent cases, you can contact us on IN DIEM 24-Hour Emergency Lawyers Phone: (+34) 610 667 452.

Did you know that IN DIEM Abogados offers an online service and an urgent service?

We offer our clients the option of being assisted via video call or videoconference, as well as by telephone, according to our clients’ preference, so that the assistance is as personal as possible, with absolute immediacy, without the need to travel. This service is complemented by communication via email, which facilitates the analysis and delivery of documentation.

Likewise, we offer urgent and 24-hour services for our companies, handling national and international contracting operations.

For more information on the Online Legal Advisory Service HERE, the 24-hour and Urgent Service, HERE, and some recognitions, we leave you this link.

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