Important Notice
This guide is for informational purposes only and does not constitute legal, financial, tax, or immigration advice. Every situation is different. Consult a qualified immigration lawyer before making decisions about your visa application or relocation plans. Laws and regulations change frequently; always verify current requirements with the relevant Spanish authorities.
Key Takeaways
- NLV renewals are 2 years, not 4. Royal Decree 1155/2024 confirmed this. The "4-year" claim was a misreading that spread across advisory sites in mid-2025.
- The 183-day residency requirement is in the regulation, and at least some immigration offices have enforced it during renewals. But Spain's Supreme Court has questioned whether a regulation (rather than an Organic Law) can impose it. Plan to meet it; know the law is unsettled.
- Spain's Golden Visa ended 3 April 2025 under Organic Law 1/2025. Existing holders can renew. No new applications.
- The proposed 100% property tax on non-EU buyers is NOT law as of March 2026. If you are relocating to Spain as a resident, the proposal would not apply to you anyway.
- The DNV income threshold for 2026 is EUR 2,442/month, based on 200% of the monthly SMI (EUR 1,221) per official consular guidance.
- Barcelona plans to eliminate all tourist apartments by 2028. Malaga froze new registrations in 43 districts. Short-term rental as an investment strategy in major Spanish cities is effectively over.
- The EU Entry/Exit System goes fully mandatory 10 April 2026. Residence card holders are exempt.
How We Researched This
This guide is based on the full text of Royal Decree 1155/2024 and Organic Law 1/2025 as published in Spain's Boletín Oficial del Estado, and Real Decreto 126/2026 setting the 2026 SMI. Financial thresholds were cross-referenced against KPMG Flash Alert analysis. Core regulatory claims were verified against BOE primary sources as of 22 March 2026. The February 2026 Supreme Court ruling on the 183-day requirement is sourced from news reporting and has not been independently verified against CENDOJ records.
In This Article
- What Actually Changed in Spain's Immigration Rules Since May 2025?
- Are NLV Renewals Really 4 Years Now?
- Do You Really Need to Live in Spain 183 Days a Year on an NLV?
- Is Spain's Golden Visa Still Available in 2026?
- Has Spain Actually Banned Foreigners from Buying Property?
- Is Short-Term Renting Still an Option Across Spain?
- What Else Changed Under Royal Decree 1155/2024?
- What Are the Correct Financial Thresholds for 2026?
- What's Coming at the Borders? EES and ETIAS Explained
- Frequently Asked Questions
What Actually Changed in Spain's Immigration Rules Since May 2025?
Royal Decree 1155/2024 rewrote Spain's immigration regulation on 20 May 2025. At the same time, the Golden Visa ended, property purchase proposals spooked buyers, and cities launched an Airbnb crackdown. Ten months later, most English-language guides still carry outdated or outright wrong information.
The decree itself, published in the Boletín Oficial del Estado on 20 November 2024, approves the new Reglamento de la Ley Orgánica 4/2000. It entered force after a 6-month vacatio legis. Separately, Spain's Golden Visa programme was abolished through Organic Law 1/2025 (Final Provision Twenty-One), with a deadline of 3 April 2025.
Five pieces of misinformation keep circulating in expat forums and immigration advisory sites. NLV renewals lasting four years. The 183-day rule presented without its legal history. The Golden Visa still being marketed as active. A property ban described as enacted law. And short-term rental rules described in national terms when enforcement is city-by-city. Each one can cost you time, money, or a failed renewal.
Are NLV Renewals Really 4 Years Now?
No. Renewal duration is 2 years for both the Non-Lucrative Visa and the Digital Nomad Visa under RD 1155/2024. The "4-year renewal" claim spread across advisory sites in mid-2025 and confused the total temporary residency timeline with individual renewal periods.
The confusion had a specific origin. CostaLuz Lawyers, a Spain-based immigration firm, published their own FAQ on the decree's changes. Their NLV section stated 2 years. Their combined "both visas" section stated 4 years. Two contradictory figures on one page. They later corrected this in their comments section: "for both the Non-Lucrative Visa and the Digital Nomad Visa, the renewal permits last for 2 years, not 4."
The actual timeline runs like this: initial visa valid for 1 year, first renewal for 2 years, second renewal for 2 years. That totals 5 years of legal temporary residency, after which you become eligible for permanent residency. The "4-year" figure was likely a conflation of the two renewal periods added together (2 + 2 = 4) rather than a description of any single renewal term.
As of March 2026, the top search results for "spain non lucrative visa renewal" have mostly corrected to 2 years. But older guides not updated since mid-2025 still carry the error. If your immigration lawyer quotes you four years on a single renewal, ask them to cite the specific article of RD 1155/2024.
For the full NLV application process and financial requirements, see our complete NLV financial guide.
Do You Really Need to Live in Spain 183 Days a Year on an NLV?
RD 1155/2024 Article 64 requires NLV holders to reside in Spain for more than 183 days per calendar year to renew. Immigration offices are enforcing it. But the legal foundation is contested, and no other English-language guide covers why.
The simple answer most guides give is yes, you need 183 days. The Local Spain reported in June 2025 that RD 1155/2024 codified this requirement. CostaLuz Lawyers confirmed the counting method: calendar year (January to December), not a rolling 12-month period, not tied to your renewal date. That part is straightforward.
What the guides leave out is the 2023 Supreme Court ruling.
In June 2023, Spain's Supreme Court struck down the 183-day absence rule for temporary residency permits. The court's reasoning, as reported by Mondaq (Fakhoury Global Immigration), was that "the provision in the Immigration Law regarding the cancellation of temporary residence permits based on absences exceeding six months in one year is no longer valid" because "this article was not included in an Organic Law, which has higher legal authority." The restriction existed in a regulation, not a parliamentary law. It lacked the constitutional weight to restrict freedom of movement.
AGM Abogados confirmed at the time that the requirement "could reappear in the future if it is introduced in an Organic Law." International Adviser quoted Jason Porter of Blevins Franks, a major cross-border advisory firm: "the same court has confirmed this should be legalised by way of a change in the Immigration Law, a higher level of law than just a Regulation."
Then RD 1155/2024 reinstated it in May 2025. The decree put the 183-day rule back into Article 64. The problem: RD 1155/2024 is also a regulation (a Real Decreto), NOT an Organic Law. The exact same constitutional argument that struck down the old rule applies to the new one.
Why This Matters for You
If you planned to winter in Spain and summer elsewhere, this distinction is not academic. The regulation says you need 183 days. The courts have said a regulation cannot impose that requirement. Both statements are currently true at the same time.
As reported by Euro Weekly News in February 2026, the Supreme Court again invalidated the absence rule for temporary residency, with judges arguing that a restriction affecting freedom of movement cannot be introduced through a regulation alone. That report has not been independently corroborated by Tier 2 legal sources, and the specific case reference remains unclear.
What is clear from practice: a real NLV holder commented on the Euro Weekly News article in late February 2026 that during their renewal, the immigration office asked for evidence their wife had not been absent more than 183 days. Regardless of court rulings, immigration offices are still enforcing the requirement.
One more dimension. Spending 183 or more days in Spain in a calendar year makes you an automatic Spanish tax resident. If the courts ultimately rule that NLV holders can renew without meeting the 183-day threshold, you could theoretically hold NLV residency without being a Spanish tax resident. That has significant implications for people who want residency rights without full Spanish tax obligations.
Practical Guidance
Plan to spend 183+ days in Spain. The regulation requires it, and offices enforce it. If you genuinely cannot meet that threshold due to family, medical, or professional obligations, know that legal precedent may support your renewal. But you would likely need an immigration lawyer to argue the case at renewal time. Keep passport entry/exit records, your padrón registration, and utility bills as evidence of presence.
A critical distinction: the 183-day question affects temporary residency renewals only. Permanent residency rules are separate. To qualify for long-term residence after 5 years, absences cannot exceed 10 months total in the preceding 5-year period. That rule stands regardless of how the 183-day question is resolved.
For the full NLV application process, see our NLV financial guide.
Is Spain's Golden Visa Still Available in 2026?
No. Spain's Golden Visa programme ended on 3 April 2025. No new applications are accepted. Existing holders retain their rights.
As of March 2026, at least two major search results for "spain golden visa 2026" still present the programme as active with investment options listed. These are visa consultancy sites that profited from Golden Visa applications. The programme is dead.
The legislative vehicle was Final Provision Twenty-One of Organic Law 1/2025 of 2 January 2025, published in the BOE on 3 January 2025. KPMG's GMS Flash Alert confirmed the abolition. Echeverria Abogados confirmed that existing holders' rights are retained and not affected retroactively. If you already hold a Golden Visa, you can renew and continue toward permanent residency.
The political context: PM Sánchez's coalition, with Sumar pushing the bill from May 2024, blamed Golden Visas for real estate pressure in Barcelona and Madrid. Roughly 22,000 visas were issued over the programme's decade. Whether that volume justified abolition is debatable, but the programme is gone.
No investment-for-residency pathway remains. Americans who do not plan to work can apply for Spain's Non-Lucrative Visa. Remote workers should look at Spain's Digital Nomad Visa.
Has Spain Actually Banned Foreigners from Buying Property?
No legislation has been passed. As of March 2026, the proposed 100% tax on non-EU, non-resident property buyers remains a proposal. Several sources present it as enacted law. GB News ran "British expats to face BAN." Visit Ukraine Today wrote "Spain has decided to restrict" in past tense.
The timeline: PM Sánchez proposed the measure in January 2025. A draft bill was submitted to Parliament in May 2025. Expected Senate review in September-October 2025 never resulted in passage. As of March 2026, the bill remains under political negotiation with regional opposition, according to JMS Lawyer (February 2026) and Blevins Franks.
Legal analysts have raised compatibility concerns with EU law on free movement of capital and with bilateral investment treaties. CostaLuz Lawyers noted that off-plan purchases would be exempt under the proposal, applying only to resale and second-hand properties.
Who Would Actually Be Affected
The proposal targets non-resident, non-EU foreigners: investment buyers who do not live in Spain. An American on an NLV or DNV who becomes a Spanish tax resident is not the target. If you are relocating to Spain and becoming a resident, these proposals as currently drafted would not apply to you. Spanish Property Insight published data showing the target group is tiny relative to the overall Spanish housing market.
For the complete financial picture of relocating to Spain, see our US-Spain financial guide.
Is Short-Term Renting Still an Option Across Spain?
As an investment strategy in major Spanish cities, short-term renting is effectively finished. A national registration system, new community vote requirements, and aggressive city-level enforcement have transformed the landscape since mid-2025.
At the national level, all tourist and seasonal rentals must now have a national registration number before advertising. That requirement took effect 1 July 2025. Separately, an amendment to the Horizontal Property Law (effective after 3 April 2025) means new tourist-use rentals in apartment buildings require homeowners' association approval via a 60% majority vote, as confirmed by Bird & Bird.
City-by-city, the crackdown varies enormously.
- Barcelona plans to phase out ALL tourist apartments by 2028, according to Euronews.
- Malaga imposed a 3-year freeze on new holiday rental registrations in 43 districts starting January 2025.
- Valencia capped tourist accommodation at 2% of residential units per district (approved January 2025).
- The Balearic Islands maintain an ongoing freeze on new licences.
Enforcement has teeth. Spain fined Airbnb EUR 65 million in late 2025. The government reportedly removed tens of thousands of illegal short-term rentals during 2025 enforcement sweeps. A proposed 21% VAT on short-term rentals is seeking parliamentary approval, though it remains at the proposal stage as of March 2026.
The 60% community vote requirement deserves particular attention. Even in cities without an outright ban, your neighbours can now block a tourist rental licence for your apartment. One community meeting is all it takes. Anyone buying a flat in Spain with plans to list it on Airbnb needs to factor this in before signing anything.
If you are relocating and buying or renting long-term, none of this affects your housing search. These rules target tourist rental operators and investment property owners. They affect your investment property plans, not where you live.
What Else Changed Under Royal Decree 1155/2024?
Beyond the headline changes, RD 1155/2024 introduced several reforms that improve flexibility for NLV and DNV holders. Family reunification got faster, unmarried partners gained recognition, and the rules for earning income on a DNV were loosened.
Family reunification eligibility was simplified. Under the old rules (RD 557/2011), sponsors needed to have renewed their initial permit before applying — typically around 1 year of residence plus renewal processing time. The new regulation streamlines the timeline and clarifies the 1-year residence threshold.
Unmarried partners now have formal recognition. Certificates of unmarried partnership are accepted from 20 May 2025 onward. Before, only married spouses qualified for family reunification under the NLV and DNV frameworks.
DNV holders have earning flexibility under Spain's Startup Law framework (Ley 28/2022): up to 20% of total income can come from Spanish clients or projects. The remainder must derive from non-Spanish sources. For freelancers and contractors who pick up occasional Spanish work, this codified threshold removes a grey area that caused anxiety during renewals.
NLV applicants can now include dividends, rental income, and pensions as proof of passive income. Digital platforms for visa applications and renewals are being introduced, and transitioning between visa types (NLV/DNV to work permits) has been simplified.
For the full DNV application process and Beckham Law details, see our Digital Nomad Visa guide.
What Are the Correct Financial Thresholds for 2026?
Most English-language guides cite outdated income thresholds. The DNV threshold changed in February 2026 when Spain published its new Salario Mínimo Interprofesional (SMI), and many sites have not caught up.
The NLV income requirement is EUR 28,800 per year (EUR 2,400 per month). This is based on 400% of Spain's IPREM indicator, which stands at EUR 600/month in 2026. The Spanish Consulate in Washington quotes approximately $32,000 in USD, but that is an exchange-rate approximation. The legal threshold is EUR 28,800. Each dependent adds approximately EUR 7,200 per year (100% of IPREM).
The DNV income requirement is EUR 2,442/month (approximately EUR 29,304/year). The consulate requirement is 200% of the monthly SMI: EUR 1,221 × 200% = EUR 2,442/month. The 2026 SMI was set at EUR 1,221/month in 14 payments by Real Decreto 126/2026, published in the BOE on 19 February 2026, confirmed by Garrigues. Some sources annualize across 14 payments to arrive at EUR 2,849 (EUR 1,221 × 14 / 12 × 2), but consular guidance from Washington and Miami specifies 200% of the monthly SMI without annualization. The first family member adds approximately EUR 916/month (75% of SMI); each additional dependent adds approximately EUR 305/month (25% of SMI).
One otherwise reliable source, CostaLuz Lawyers, incorrectly states the DNV threshold is based on IPREM. It is based on SMI. IPREM is for NLV.
| Feature | Non-Lucrative Visa (NLV) | Digital Nomad Visa (DNV) |
|---|---|---|
| Income threshold | EUR 28,800/yr (EUR 2,400/mo) | EUR 29,304/yr (EUR 2,442/mo) |
| Based on | 400% of IPREM (EUR 600/mo) | 200% of SMI (EUR 1,221/mo) |
| Renewal duration | 2 years | 2 years |
| Work allowed | No (passive income only) | Yes (remote work for non-Spanish employers, up to 20% from Spanish clients) |
| Tax regime | Standard Spanish PIT (19-47%) | Beckham Law eligible: flat 24% up to EUR 600,000 |
| Healthcare access | Private insurance required; Convenio Especial after 1 year | Private insurance required; Convenio Especial after 1 year |
| Convenio Especial cost | Under 65: EUR 60/mo. Over 65: EUR 157/mo | Under 65: EUR 60/mo. Over 65: EUR 157/mo |
The Beckham Law, available to DNV holders, applies a flat 24% rate on Spanish-source income up to EUR 600,000, with 47% above that threshold. Duration: 6 years (the year of relocation plus 5 following years). For a detailed breakdown of how the Beckham Law interacts with US taxes, see our FEIE vs FTC decision matrix.
For the full cost modelling across corridors, see our 192-scenario cost model. For Spain health insurance details, see our health insurance guide for Spain.
What's Coming at the Borders? EES and ETIAS Explained
The EU's Entry/Exit System (EES) began progressive rollout on 12 October 2025 and becomes fully mandatory on 10 April 2026, replacing manual passport stamping with biometric registration for non-EU nationals on short stays across 29 European countries.
EES registers your name, travel document, biometrics (fingerprints and facial image), and the date and place of entry and exit. Member states can partially suspend full operations for up to 90 days (with a 60-day extension) after April 2026 to manage congestion at high-traffic border crossings.
Who is exempt? NLV and DNV holders with Spanish residence cards skip EES checks entirely. The system targets non-EU passport holders entering on tourist or visa-free short stays under the 90-day limit. That means US, UK, Canadian, and Australian passport holders making scouting trips before they have a visa approved.
ETIAS, the pre-authorization system for visa-free travel, is planned for Q4 2026. It will require pre-authorization for short-stay, visa-free travel. The fee is EUR 20 (raised from EUR 7 in July 2025). Like EES, it does not affect long-stay visa holders.
If you are scouting Spain before applying for a visa, budget extra time at the border for biometric registration after April 2026. Once you hold a residence card, you bypass EES entirely.
Frequently Asked Questions About Spain's 2025-2026 Immigration Changes
No. Spain's Golden Visa programme ended on 3 April 2025 under Organic Law 1/2025. Existing holders can renew, but no new applications are accepted.
Two years. Despite some sources claiming four years, CostaLuz Lawyers confirmed that renewals under RD 1155/2024 are two years for both NLV and Digital Nomad Visas. The path to permanent residency is 1 year initial plus two 2-year renewals, totalling 5 years.
RD 1155/2024 Article 64 requires it, and at least some immigration offices have enforced it during renewals as of early 2026. However, Spain's Supreme Court ruled in 2023 that such a restriction in a regulation (as opposed to an Organic Law) lacks sufficient legal authority. The same constitutional argument applies to RD 1155/2024. In practice, plan for 183 days but know the legal picture is unsettled.
EUR 28,800 per year (EUR 2,400 per month), based on 400% of Spain's IPREM indicator. Each dependent adds approximately EUR 7,200 per year.
EUR 2,442 per month, based on 200% of the 2026 monthly SMI (EUR 1,221/month), per official consular guidance. Royal Decree 126/2026 set the SMI at EUR 1,221/month in 14 payments.
No. A proposal for a 100% tax on non-EU, non-resident property buyers was introduced in January 2025 and submitted as a draft bill in May 2025. As of March 2026, it has not become law. The proposal targets investment buyers who do not live in Spain, not people relocating as residents.
If you hold a Spanish residence card, you are exempt from EES. It only affects short-stay visitors. If you are on a scouting trip before your visa is approved, expect biometric registration at the border starting April 2026.
Yes. Under Spain's Startup Law framework (Ley 28/2022), DNV holders can earn up to 20% of their total income from Spanish clients or projects.
Sources
- Royal Decree 1155/2024, Boletín Oficial del Estado — boe.es
- Real Decreto 126/2026 (SMI 2026), BOE — boe.es
- Spanish Consulate Washington, NLV Requirements — exteriores.gob.es
- KPMG GMS Flash Alert 2025-008, Golden Visa Abolition — kpmg.com
- Echeverria Abogados, Golden Visa Abolished — echeverriaabogados.com
- The Local Spain, NLV Clarification (Jun 2025) — thelocal.es
- CostaLuz Lawyers, RD 1155/2024 FAQ — costaluzlawyers.com
- CostaLuz Lawyers, Renewal Duration Correction — costaluzlawyers.com
- Mondaq / Fakhoury Global Immigration, Supreme Court Ruling (Jul 2023) — mondaq.com
- AGM Abogados, Supreme Court Ruling Analysis (Jun 2023) — agmabogados.com
- Reuters, Property Proposal (Jan 2025) — reuters.com
- JMS Lawyer, Property Tax Status (Feb 2026) — jmslawyer.es
- Blevins Franks, Property Tax Analysis — blevinsfranks.com
- CostaLuz Lawyers, Off-Plan Exemption — costaluzlawyers.com
- Bird & Bird, STR Regulations — twobirds.com
- Euronews, Barcelona/Airbnb (Dec 2025) — euronews.com
- European Commission, Entry/Exit System — home-affairs.ec.europa.eu
- Garrigues, SMI 2026 — garrigues.com
- Spanish Ministry of Health, Convenio Especial — sanidad.gob.es
- AEAT, Beckham Law — sede.agenciatributaria.gob.es
- European Commission, "ETIAS Will Cost EUR 20" (Jul 2025) — home-affairs.ec.europa.eu
- Spanish Property Insight, Barcelona Proposal Critique (Mar 2026) — spanishpropertyinsight.com