For a period after 2023, foreigners with temporary residence in Spain could spend more than six months a year abroad without putting their permit at risk. That relief was temporary. The stay requirement is back in force, and anyone building a life in Spain on a temporary permit should plan their year around it.
What Changed in 2023
In 2023, a Spanish Supreme Court decision set aside the rule that allowed the authorities to withdraw a temporary residence permit when its holder spent more than six months a year outside Spain. For a while, the length of an absence on its own was no longer a reason to lose the permit.
Where Things Stand Today
The requirement has returned. To renew a Non-Lucrative Visa, you need to spend at least 183 days a year in Spain. The days do not have to be consecutive: you can still travel, visit family and look after business abroad, as long as your time in Spain adds up to 183 days in the year.
The Non-Lucrative Visa starts with a one-year permit, followed by two renewals of two years each. After five years, you can apply for long-term residence.
183 Days and Your Taxes
Spending more than 183 days a year in Spain also makes you a Spanish tax resident. That does not automatically mean paying tax twice: if your home country has a double taxation agreement with Spain, income you earn there is taxed where you earn it and not again in Spain. Whether such an agreement covers your situation is worth checking before you move.
Planning for Long-Term Residence? Pay Attention
The 183-day rule is what keeps your temporary permit renewable. Long-term (permanent) residence after five years has its own, stricter stay condition. If permanent residence is your goal, plan your time abroad with that condition in mind from the very first year, not in the fifth.
Residence rules in Spain have changed more than once in recent years, and the details depend on your circumstances. Working with a legal team such as Tekce Visa Legal Consultancy helps you follow the rules that apply today and protect your long-term plans.
Know Your Options
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Spain is one of the most welcoming countries in the European Union for international residents. Buying a home does not by itself give residency in Spain, and the property-investment Golden Visa route closed on 3 April 2025. Residence options for property buyers include the Non-Lucrative Visa and the Digital Nomad Visa.
Contact our team to find the home that fits your plans in Spain, and our legal partners will guide you through your residence options.
Information as of October 2026. Residence rules change over time; current Spanish legislation always applies.
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