Category: The Overys Migrant Blog

Resources, tips, and stories to help you build a sustainable life in Spain as an expat.

  • You’re in Spain on the digital nomad visa (Ley 14) and you’re not going for citizenship: the five-year calendar to permanent residence, the two doors it opens — and the absences that can close them

    You’re in Spain on the digital nomad visa (Ley 14) and you’re not going for citizenship: the five-year calendar to permanent residence, the two doors it opens — and the absences that can close them

    The five-year plan for digital nomad residents who plan to stay, not to naturalise

    You did the maths on citizenship early, and you closed the file. Ten years of legal residence, and then Spain asks you to renounce the passport you were born with. For most people from the US, the UK, Canada, Australia, Switzerland or Japan, that’s not a trade — it’s a non-starter.

    Which leaves you in an odd place. Almost everything written in English about staying in Spain is written for someone else: for the newcomer filling in their first application, or for the Latin American resident who reaches citizenship in two years and for whom every article is a countdown. You renew, you get another two years, and nobody tells you what you’re renewing towards.

    There is an answer, it has a date on it, and it is not citizenship. It’s called long-term residence, it arrives at year five, and it comes in two different versions that are not the same thing at all. Getting there is mostly a matter of arithmetic — and the arithmetic has already started, whether or not anyone has told you the rules.

    Here is the whole plan on one page.


    1. Your calendar, from the day you landed

    The route you’re on has a fixed shape, written in the law that created it:

    StageHow longWhere it says so
    Entry visa for international teleworkingmaximum one yearLey 14/2013, art. 74 quater.1
    You apply for the residence authorisationin the 60 days before the visa expiresart. 74 quater.3
    Residence authorisation for international teleworkingmaximum three yearsart. 74 quinquies.2
    Renewalstwo years at a time, as long as you still meet the conditionsart. 74 quinquies.3
    Long-term residenceat five years of legal, continuous residenceRD 1155/2024, arts. 176.a) and 183.1

    If you came in on the visa and converted it, your five years are counting from your first legal day, not from the day your TIE card was printed. One year plus three years is four; one more renewal carries you past the line. Most people on this route reach year five in the middle of their second renewal, without noticing.

    That’s the first thing worth knowing: the five-year door is not a distant hypothetical. On the standard path it’s your third piece of paperwork.


    2. The renewal is not a test of how many days you spent here

    Two things get confused constantly in English-language forums, and confusing them is expensive in both directions.

    Your renewal asks one thing: that the conditions that created the right are still there (art. 74 quinquies.3). The employment or professional relationship with a company outside Spain, the income, the cover — the same substance as the original application. There is no minimum-days-in-Spain requirement written into this route.

    The rule you may have seen — more than 183 days of real and effective residence in Spain during the calendar year — is real, but it lives in a different door: it’s a requirement for renewing the non-lucrative residence (RD 1155/2024, art. 64.2.f). Different permit, different rule. Applying it to yourself out of caution is not harmless: it can push you into declining work, or into declaring a residence pattern you don’t have.

    And there’s a safety net in your own statute that very few people on this route know about. When you file the renewal, your existing authorisation stays valid until they decide — and that protection also covers a filing made up to ninety days after your authorisation ran out, though a late filing can still open a sanction file (Ley 14/2013, art. 76.3). You do not fall out of legality because the administration is slow. That is written down.

    Renewals on this route are being handled with the same scrutiny as first applications, and the documentary set has been drifting — recent tax returns filed in Spain, proof that social security contributions are up to date, recent income evidence. Treat the renewal as a fresh application with a history attached, not as a formality.

    A live front, and we’re saying so. Through 2026 the Spanish courts have been reshaping how minimum stay and absences work for renewals of other permits, and the sector has been holding live sessions about it. We have not read those judgments in their own text, so we are not going to tell you what they decided. What we have verified is stated below. If your case turns on it, that’s a conversation, not an article.


    3. Year five: two doors, not one

    Both of these exist on other pages, described as procedures. What almost nobody does is put the choice in front of you while you can still act on it — in years two and three, not in the month you file.

    At five years there are two different statuses with almost the same name:

    Long-term residence — national (residencia de larga duración nacional, RD 1155/2024 arts. 182-185). It authorises you to live and work in Spain indefinitely, on the same terms as Spanish nationals. Renewals of the permit end here: what you renew from then on is the card, not the status.

    Long-term residence — EU (residencia de larga duración-UE, arts. 175-181). Same rights in Spain plus the status defined by Directive 2003/109/EC — the one that gives long-term residents a route to move to another member state. Article 175 says so explicitly; article 182, which defines the national version, does not. That single missing sentence is the whole difference, and it’s the difference between “I’m settled in Spain” and “I’m settled in Europe”.

    What the EU version asks for on top (art. 176):

    • fixed and regular resources for you and, where relevant, your family — assessed using the family-reunification yardsticks, and they may come from your own means or from work;
    • health cover;
    • and, if part of your five years was spent on a student stay, that time counts at 50%.

    The procedure is the same in both cases (arts. 177 and 184): you file in the two months before your current authorisation expires — and filing extends your current permit until they decide; a filing made within the three months after expiry also extends it, with a sanction file possible. They must resolve within three months, and if they don’t, silence is positive: the application is deemed granted. Both articles add a quiet but useful line: if you already hold a valid authorisation and already meet the requirements, you don’t have to wait for the window.

    Decide which door you want before year four, because the two versions diverge in what they’re worth to you rather than in what they cost you to obtain. If your life is Spain and only Spain, national is enough. If there is any realistic chance of a job, a partner or a company taking you to another EU country in the next decade, the EU version is the one to aim for — asking for the other one later means starting a new procedure, not upgrading a field.


    4. The arithmetic that has already started: your absences

    Five years of “legal and continuous” residence does not mean five years of never leaving. It means five years inside a budget. The budget is in arts. 183.2 and 176.a):

    • No single absence longer than six consecutive months. This one is absolute.
    • No more than ten months of absence in total across the five years.
    • But if the absences are for work reasons: up to eighteen months in total, with the same six-consecutive-month ceiling.
    • Absences caused by duly justified force majeure don’t break continuity either — assessed case by case by the office that decides.

    Read that third line again, because it is the one that matters to you and the one the English-language guides are still getting wrong. The general answer circulating in English is “ten months, full stop”. For a person whose work is by definition portable, that answer is short by eight months.

    It is also newer than most of the guides. Under the previous regulation (RD 557/2011, art. 148.2, repealed) the work-related allowance was one year. The current regulation raised it to eighteen months. If a page tells you “ten months” without mentioning the work tier at all, it isn’t lying — it’s describing the ordinary case, and you are not the ordinary case.

    A worked example, so the shape is visible. Suppose that over five years you spend eleven months abroad in total: three separate five-week client projects, a two-month stretch at headquarters, and the rest split across holidays and family. Under the ordinary reading you’re over the line by a month. Counted properly — with the work-related portion in its own tier — you have room to spare. What decides it is not how you remember those trips: it’s what you can show.

    Two things about how this gets counted in the real world:

    • Days, not months. The rule speaks in months; offices count in days, from travel evidence. There is more than one way to count the day you leave and the day you come back, and they can differ by a day per trip. Across five years of frequent travel, that rounding is not trivial.
    • Schengen travel leaves no stamps. In practice, time inside the Schengen area tends to be treated as time in Spain unless something suggests otherwise — and if a doubt appears, what gets asked for is the evidence of an actual life here: padrón, housing, ordinary financial activity. As electronic entry-exit records become the norm at EU borders, expect this to get more precise and less forgiving.

    Start the record now, not in year four: dates out and back, purpose, and one piece of evidence per trip (boarding pass, invoice, the client’s letter). Keep expired passports instead of discarding them. The reason isn’t paranoia — it’s that the burden of proving five continuous years lands on you, five years after the trips you can no longer reconstruct. Every person we’ve seen struggle here had the trips; what they didn’t have was the paper.


    5. What “indefinite” actually protects — and how it’s lost

    Getting long-term residence is not the end of paperwork, but it is the end of this paperwork.

    You renew the card at five years, then every five years until you turn thirty and every ten after that (arts. 178.1 and 185.1). And here is the distinction worth carrying: failing to renew the card does not extinguish the status (arts. 178.3 and 185.3). The authorisation is indefinite; the card is a document. They are not the same thing, and the difference is a bad month rather than a lost life.

    What does end it (art. 201, mirroring art. 32.5 of the immigration act):

    • twelve consecutive months absent from the territory of the European Union — note: the EU, not Spain (twenty-four months for those who arrived via the EU Blue Card);
    • and, for the EU version specifically, six years absent from Spanish territory.

    So the shape of the thing, once you have it: you can live an international life, but you cannot disappear from Europe for a year.


    6. What we could not verify, and what we’re sure of

    We think you should be told which is which — and if that’s unusual for this kind of page, that’s the point.

    Verified today, article by article, in the consolidated statute book: the calendar of section 1; the renewal safety net of art. 76.3; the two long-term statuses and what separates them; the absence budget including the eighteen-month work tier; the procedure, the three-month deadline and the positive silence; and the ways the status is lost.

    Verified first-hand, and worth knowing: the current immigration regulation was challenged head-on before the Supreme Court, which on 8 July 2026 annulled eight specific provisions of it and rejected the rest. None of the annulled provisions touch long-term residence or the absence rules. The arithmetic above survived the only frontal attack on the regulation.

    Not verified, and therefore not asserted: what the 2026 judgments on minimum stay and absences for other permits decided, and how offices will apply them. We have not read them in their own text. Where we don’t know, we say we don’t know.


    Where this leaves you

    You’re not in a countdown to a passport. You’re in a five-year accumulation, and the only two things that can quietly break it are a renewal that lapses and an absence budget nobody was keeping. Both are manageable — but only by someone who knows they exist.

    If you’re somewhere in years one to three: take twenty minutes and write down two dates — when your current authorisation expires, and when you first became legally resident. Then start the travel log. That’s the whole homework.

    If you think you may already be over the line, or you’re deciding between the two doors: send us your dates. That one is not a reading problem.


    Sources: Ley 14/2013 (arts. 74 quater, 74 quinquies, 76); Real Decreto 1155/2024 (arts. 175, 176, 177, 178, 182, 183, 184, 185, 201); Ley Orgánica 4/2000 (art. 32); Real Decreto 557/2011, art. 148.2, repealed, for the comparison; judgment of the Supreme Court 868/2026 of 8 July 2026. All consulted in their consolidated texts on 17 August 2026. This page explains rules; it is not advice on your case.

  • Residence Permits for the Audiovisual Sector in Spain: A Complete Guide for 2026

    Residence Permits for the Audiovisual Sector in Spain: A Complete Guide for 2026

    Spain has a specific immigration pathway for audiovisual professionals —and it remains one of the least well-known. If you’re a director, technician, cast member, or creator with a project in Spain, this guide clearly explains the three possible pathways, their actual requirements, and the processing times you can expect in 2026.

    What is an audiovisual residence permit?

    Law 14/2013 established a process administered by the Unit for Large Companies and Strategic Groups (UGE) as part of the “Spain, Europe’s Audiovisual Hub” plan. It allows artists, technicians, and professionals—in film, TV, advertising, animation, VFX, and video games—to reside and work in Spain more quickly and with fewer barriers than under the standard work permit.

    Why Professionals Choose This Path

    • A 20-day decision period, with tacit approval (compared to ~3 months under the general procedure).
    • No labor market test and no requirement for a degree if the position does not require one.
    • A single permit to live and work, with family members able to apply at the same time.

    The Three Paths: It All Starts with Time

    The process you need to follow depends on how long you’ll be working in Spain:

    Weather in SpainWhat You NeedWhere to Apply
    Up to 90 daysNo work permit (entry visa only if required by your nationality) + NIE and Social SecurityConsulate / Upon Arrival
    90–180 daysAudiovisual Stay Visa (allows the holder to work)Consulate (~10 business days)
    More than 180 daysAudiovisual Residence Permit (residence + work)UGE (20 days, positive silence)

    The Two Ways to Apply for Residency (and Which One Is Best)

    Like all authorizations under Law 14/2013, the audiovisual residency can be applied for in two ways:

    • As authorization from Spain, filed with the UGE, if you are already here with legal status (for example, with a valid tourist visa). This is the route we recommend whenever possible: it’s faster and avoids the consular wait.
    • As a national visa (Type D) from your home country, at the Spanish consulate or embassy.

    Both options are available and both work; the choice depends on where you are, your travel dates, and your nationality. This is exactly the kind of decision we go over with you before submitting anything.

    The 90-Day Rule That Almost Everyone Fails At

    If your passport qualifies for a visa waiver for Spain (U.S., Mexico, Colombia, Chile, Argentina, and others), you can enter the country and work on a film set for up to 90 days without a work permit: you just need an NIE and to be registered with Social Security. After 90 days, you’ll need a long-stay visa or a residence permit. A Schengen tourist visa does not authorize you to work, except under this audiovisual exemption.

    What You Need to Have Ready

    • A valid passport and proof of your professional relationship with the production company or business in Spain.
    • Proof that you are part of an audiovisual production project.
    • Health insurance (or Social Security coverage).
    • For residency: criminal record certificate (covering the last 5 years), often with an apostille and a certified translation.

    A college degree is not required if the position does not call for one, and the salary benchmark is the sector’s collective bargaining agreement—not the high threshold of the general “highly qualified” category.

    Bringing Your Family

    Your spouse or partner, children, and dependent parents can apply at the same time as you, without having to go through a separate, slower family reunification process.

    How does it compare to other methods?

    AppearanceAudiovisual mediumGeneral PermitDigital nomad
    Resolution20 days · positive silence~3 months · negative result20 days · positive silence
    Labor Market TestNoYesNo
    Required DegreeNo (if the position does not require it)It dependsYes / 3 years of experience
    Who do you work for?Production/Project in SpainSpanish employerCompanies based outside Spain

    What a Smooth Payment Period Is Like

    1. Weeks in advance: Confirm your itinerary and gather the necessary documents (passport, background information, apostille, certified translation).
    2. Overview: The UGE resolves residency applications within 20 days through tacit approval.
    3. Consular phase (only if you apply from your home country): Obtain your Type D visa.
    4. Upon arrival: NIE, Social Security, TIE — and you’re working, legally.

    Not sure which path to take?

    Schedule a free 20-minute consultation call—in Spanish, English, or French, with no obligation. We’ll explain which legal route is right for your case and what you’ll need to file it.


    📥 This guide, available as a PDF and featuring a countdown calendar

    We’ve compiled all of this—and everything that doesn’t fit into an article—into the Field Guide to Legal Filming in Spain: the week-by-week reverse calendar with actual processing times, the table of 10 countries, and the mistakes that can cost you 1 to 3 months.

    Frequently Asked Questions

    Do I need a residence permit, or is a visa enough?

    More than 180 days working in Spain: residence permit. 90–180 days: temporary stay visa. Less than 90 days: often without a work permit for exempt nationalities (NIE and Social Security only).

    How long does it take?

    The UGE processes the residence permit within 20 days through tacit approval. If you apply from abroad, you’ll need to plan the consular phase around your schedule; if you apply from Spain while legally residing here, you can skip that step.

    Can my family come?

    Yes: Your spouse or partner, children, and dependent ascendants may apply at the same time as you.

    Do I need a college degree?

    No, if the position doesn’t require it. The salary reference is the collective bargaining agreement for the position.

    Related Guides

    General information; not legal advice. Reflects the regulations in effect in 2026 (Law 14/2013; Order PCM/1238/2021; Royal Decree 1155/2024). Please confirm the details of your case before taking any action.

  • FAQs on the 2026 Regularization

    FAQs on the 2026 Regularization

    ❓ Has the regularization already been approved?

    No. There is currently a draft Royal Decree, but it has not yet been approved or published in the Official State Gazette (BOE).

    ❓ Can I submit the application now?

    Not yet. The process is expected to begin in early April and end on June 30, 2026.

    ❓ What can I do now?

    It is advisable to start preparing the documentation and figuring out the best approach so that you are ready when the application period opens.

    ❓ Is it true that you can work before the decision is made?

    According to the bill, once your application is accepted for processing, you may be able to obtain a provisional residence and work permit. That is why it is important to submit your application at the beginning of the process.

    And if the decision arrives and it is favorable, the process doesn’t end there. What comes next — your TIE, the deadlines, renewal and Spanish citizenship — is explained step by step in the guide “You have your residence (or your application under way): what now?”.

    ❓ Who could benefit?

    Mainly:

    • People who applied for asylum before December 31, 2025.
    • People who were in Spain before December 31, 2025.

    ❓ What happens if I have a deportation order?

    The bill provides for the suspension of deportation proceedings in certain cases, but each case must be reviewed individually.

    ❓ What documents should I start gathering?

    • Passport.
    • Proof of residence in Spain.
    • Certificate of criminal history (or proof of application).
    • Work documents, certificates proving family ties, proof of enrollment for minor children, or social service reports, as applicable.

    ❓ Why is it important to seek advice beforehand?

    Because submitting an application incorrectly can close future doors. It is very likely that the Immigration Offices will be overwhelmed by the flood of applications, and processing them will be significantly delayed. For this reason, you may only have one chance, and a mistake in your approach could have serious consequences for years to come.

    And when your decision arrives, this is the next step: “Your residence is now under way. Here’s what comes next.”.


    Would you like personalized help to make it easier?

    We know that moving to a new country can be emotionally overwhelming, which is why at Overys Migrant we don’t just handle the paperwork—we also guide you every step of the way, answering your questions with warmth and professionalism.

    Are you ready to get started? Request your free consultation here and start building your new future.

    Still not sure what your next step should be? Subscribe to our blog and don’t miss out on our helpful content about visas, moving, and everyday life in Spain.

    Get what we learn

    Now and then, what we learn handling international mobility cases. You can unsubscribe whenever you like.


    The information contained in this article is provided for general informational purposes only. It does not constitute personalized legal or tax advice, nor does it replace consultation with a professional. Overys assumes no liability for decisions made based on this content without a prior analysis of the specific case. If you would like to receive advice tailored to your situation, we recommend that you contact our team. .

  • Extraordinary Regularization in Spain 2026: What the Draft Proposal Envisions and Why You Should Start Preparing Now

    Extraordinary Regularization in Spain 2026: What the Draft Proposal Envisions and Why You Should Start Preparing Now

    Key Points of the Draft Regulation, Expected Timelines, and Actual Effects Once the Proposal Is Accepted for Consideration

    At Overys Migrant, we have been handling cases involving residency permits, international protection, and regularization based on exceptional circumstances for years. That is why, when a draft Royal Decree is published that could lead to one of the largest administrative regularization processes in decades, we believe it is important to explain what the text actually says, what might change, and how to prepare from a legal standpoint.

    The following is a preliminary analysis based on the draft legislation currently available.

    What is the purpose of this Royal Decree?

    The project’s objective is clear: to reduce the administrative irregularity of people already living in Spain by recognizing situations involving deep-rooted ties, family life, employment, or vulnerability, and by providing greater legal certainty.

    To this end, the text introduces two transitional provisions that establish two separate avenues for extraordinary regularization.

    Regularization of Applicants for International Protection
    (Fifth Transitional Provision – Arraigo)

    Who is this for?
    People who applied for international protection in Spain before December 31, 2025, and are currently in Spanish territory (and will remain in Spain until the application is filed).

    Applicant requirements
    You must:

    • Be in Spain at the time of application.
    • You must have no criminal record in Spain or in any countries where you have resided during the past 5 years (except for expungable records, which must be expunged).
    • Not pose a risk to public order, safety, or public health.
    • Not be barred from entering Spain or listed as inadmissible in the Schengen Area.
    • Not being subject to a non-return commitment, if one exists.
    • Pay the administrative fee.

    Family members included
    They can regularize their status with you:

    • Minor children.
    • Adult children with disabilities or who require care.
    • Other family members who can demonstrate social ties.

    In the case of minor children, the draft exempts applicants from the financial, housing, and time-limit requirements normally required for family reunification.

    (Tentative) Term:
    Through June 30, 2026.

    One-time authorization due to exceptional circumstances
    (Sixth Transitional Provision)

    This is the broadest aspect of the project and the one that could affect the most people.

    Who is it intended for?
    Foreign nationals who:

    • They were in Spain before December 31, 2025.
    • They must have resided in Spain for at least 5 consecutive months (up to the date the application is filed).

    General Requirements
    You must provide proof of:

    • A minimum continuous period of 5 months (as evidenced by any means).
    • No criminal record in the past 5 years.
    • Not pose a risk to public order or safety.
    • Not be barred from entering Spain.
    • Not be subject to a non-return agreement.
    • Payment of the administrative fee.

    In addition, you must meet one of the following requirements:

    • Employment: Must have worked in Spain or provide a contract.
    • Household: living with school-age children, children with disabilities, or first-degree relatives.
    • Social vulnerability: certified by public social services or third-sector organizations.
      The project assumes that individuals in an irregular administrative status are vulnerable.

    (Tentative) Term:
    Through June 30, 2026.

    • Expedited processing.
    • Suspension of other ongoing immigration proceedings.
    • Option to submit a sworn statement if the criminal background check from the country of origin is not obtained in time.
    • Provisional Residence and Work Permit.
      From the moment the application is accepted for processing:
      • You may legally reside and work—whether as a self-employed individual or as an employee—throughout the country.
      • This authorization remains in effect until a decision is issued.
      • If the decision is ultimately favorable, the final authorization is granted retroactively—that is, from the date of the application up to one year later; if it is unfavorable, the authorization lapses—that is, it is terminated—and the person returns to the same status they had prior to the application.
    • Deportation or Return Orders
      • Filing the application suspends proceedings based solely on unauthorized stay or unauthorized employment.

    And if the decision arrives and it is favorable, the process doesn’t end there. What comes next — your TIE, the deadlines, renewal and Spanish citizenship — is explained step by step in the guide “You have your residence (or your application under way): what now?”.

    Conclusion: Be prepared, but don’t rush

    If this Royal Decree is approved in terms similar to the current ones, it will result in a far-reaching regularization process, with one key element: access to employment upon acceptance of the application for processing.

    But it is worth emphasizing:

    • The text is not final.
    • The requirements, deadlines, and conditions are subject to change prior to publication in the BOE.

    That is why we at Overys Migrant recommend:

    • Prepare the documentation in advance.
    • Carefully analyze which approach is most appropriate in each case.
    • Do not file claims without a clear legal strategy.

    You can check out our list of FAQs about the 2026 regularization process and subscribe to our newsletter to receive reliable, verified updates on this process.

    And when your decision arrives, this is the next step: “Your residence is now under way. Here’s what comes next.”.


    Would you like personalized help to make it easier?

    We know that moving to a new country can be emotionally overwhelming, which is why at Overys Migrant we don’t just handle the paperwork—we also guide you every step of the way, answering your questions with warmth and professionalism.

    Are you ready to get started? Request your free consultation here and start building your new future.

    Still not sure what your next step should be? Subscribe to our blog and don’t miss out on our helpful content about visas, moving, and everyday life in Spain.

    Get what we learn

    Now and then, what we learn handling international mobility cases. You can unsubscribe whenever you like.


    The information contained in this article is provided for general informational purposes only. It does not constitute personalized legal or tax advice, nor does it replace consultation with a professional. Overys assumes no liability for decisions made based on this content without a prior analysis of the specific case. If you would like to receive advice tailored to your situation, we recommend that you contact our team. .