Navigating Spanish immigration procedures can often feel complex, but recent clarifications from the Large Business and Collectives Unit (Unidad de Grandes Empresas y Colectivos - UGE) have provided welcomed clarity for foreign nationals looking to secure a residence permit as per Law 14/2013 directly from inside Spain.
The literal response from the UGE:
"It remains possible for nationals of countries exempt from the Schengen visa requirement to apply for authorisation from within Spain, provided they are among those listed in Regulation (EU) 2018/1806. Furthermore, if the applicant enters with a Schengen visa, this must be valid and up to date at the time of entry. Furthermore, there is no issue with an applicant entering Spain on a Schengen visa and subsequently applying for a residence permit whilst in Spain, provided they are lawfully in Spain and submit the application within 90 days of their authorised stay."
At Artemis Law, we routinely guide clients through residency and visa processes. Below is a clear breakdown of the conditions under which you can apply for a residency authorisation while already present in Spain.
1. Visa-Exempt Country Nationals
If you are a national of a country exempt from the Schengen short-stay visa requirement—as outlined in Regulation (EU) 2018/1806—you can enter Spain as a tourist and legally apply for an initial residence authorisation directly from within the country.
2. Entering with a Schengen Visa
If your nationality requires a Schengen visa to enter the Schengen Area, you must ensure that your visa is valid and up to date at the moment of entry into Spain.
3. Applying During Your 90-Day Authorised Stay
The Spanish immigration authorities confirm that there is no objection to entering Spain on a short-term Schengen visa or as a visa-exempt tourist and subsequently applying for a residence permit from within Spanish territory. However, you must fulfil two key conditions:
You must be in Spain legally (i.e., remain within your lawful allowance).
You must submit your application within the 90 days of your authorised stay.
Key Takeaway for Applicants
Whether you hold a Schengen visa or enjoy visa-free entry, timing is crucial. Submitting your residency application to the UGE within your allowed 90-day period ensures that your stay is legal when you submit your application.
The UGE has not confirmed the rumours that they would deny an application for some kind of fraudulent intent if you apply for a Schengen Visa and then apply for a residence authorisation from within Spain.
If you are interested in relocating to Spain, get in touch! We are here to assist you: www.artemislaw-europe.com