The biggest problem when it comes to immigration law, in most cases, is due to the lack of information. Non-lucrative residence permit holders are usually faced with the following three issues when it comes to renewing. It becomes an issue because it can lead to the refusal of renewal and consequently means returning to your home country, even losing the period of residence that you had in Spain.
The first one is that you did not remain in Spain, as this permit is cancelled when staying outside of Spain for more than six months in a period of one year. In general, residencies are granted to reside in the country, something that seems quite logical, but yet leads to confusion, and in the event that this condition wasn’t met, the renewal can be refused.
Many have been the situations where applicants have “lost” their passport accidentally, in order to reapply to avoid this situation, and as specialists in this field, we can tell you that this is not a solution. At the time of renewal, you will be asked to present the old passport or a certificate of migratory movements to check whether you have stayed in the country the required period of residence to grant a renewal.
The second issue you may face is the financial means. As we know, the initial permit granted is for a period of one year, and the financial means that have to be demonstrated are for that period only, however the renewals (renewal is required on two occasions) have a validity of two years, which means you will need to show sufficient funds for that entire period. Let’s say, an applicant, without additional family members must prove 25816,32 euros or its equivalent in the foreign legal currency the first time, when renewing, they will be asked to prove 51632,64 euros or its equivalent in foreign legal currency. The same occurs when you renew a second time. Once you get close to the expiry date of the very last permit, you will be entitled to a long term residence permit and no further proof of financial means will be required.
And lastly, the final issue when it comes to renewing the residency is, if the applicant hasn’t schooled the minors who are of compulsory school age during their stay in Spain. This will lead to refusal. Therefore, some diplomatic missions or consular offices at the time of application request proof of school registration in Spain.
Other checks carried out by the Foreigners Office for the possible renewal of the permit are the foreign national’s integration efforts, criminal records and compliance with tax (payment of taxes, fees, fines, etc.) and the Social Security obligations, as in the event of non-payment, the permit may be refused.
In order to avoid these circumstances, it is essential to seek advice from an immigration specialist. For more information or assistance on re-applying for a non-lucrative residence permit, or any other legal matter, please do not hesitate to contact a lawyer.