Starting a residency process in Spain may seem straightforward, but in reality, many applications get rejected or delayed due to avoidable mistakes. At Fuster & Associates, we frequently see clients who come to us after making these errors. In this post, we review the most common ones and give you the keys to doing things right from the start.
1. Choosing an Unrealistic Permit for Your Situation
Not all residence permits are suitable for every profile. Sometimes, obtaining a work visa is difficult, especially if you don’t have a highly qualified job offer or if your employer cannot justify hiring you.
Example: In these cases, it may be more strategic to first apply for a non-lucrative residence permit, which requires financial resources but does not require a job offer. Later, this permit can be modified into a work permit once you are in Spain.
Tip: Choosing the right residence type from the beginning—or even reconsidering your initial strategy—can make the difference between successfully carrying out your plans or not.
2. Trying to Apply for Residency from Spain After Entering as a Tourist
One of the most common mistakes is assuming that any process can be initiated from within Spain after entering as a tourist. However, most visas must be applied for from your country of residence, and entering as a tourist can limit your options.
Tip: Before traveling, make sure you understand the correct procedure. Some processes require an entry visa and cannot be started from Spain.
3. Lack of Planning
Many people make major life decisions before securing their residence permit, such as selling their home in their home country, taking out a loan to buy a property in Spain, or changing their tax residency.
The problem: If your residency is denied or delayed, these decisions can have serious and costly consequences.
Tip: Plan your process carefully before moving your assets or changing your tax status.
4. Underestimating the Time and Requirements for Foreign Documents
Many required documents must come from your home country, such as criminal records, marriage certificates, and bank statements. Additionally, most of them need to be apostilled and translated by a sworn translator.
Furthermore, many of these documents have a limited validity (typically between 3 and 6 months).
Tip: Don’t leave document preparation until the last minute. Obtaining them correctly can take weeks.
5. Ignoring the Differences Between Immigration Offices
Each province in Spain may apply different criteria. Some applications require additional documentation depending on where they are submitted.
Example: Some provinces require a rental contract, while others do not. Even the format of bank certificates may vary.
Tip: Make sure your application is prepared according to the specific requirements of the office handling your case.
6. Not Checking Your Legal Background
Having a criminal record can prevent you from obtaining a residence permit. Even if your record has been cleared, in some countries, past offenses do not automatically disappear from the registry and may still appear on your certificates.
Tip: Check your legal history and request the correct certificates to ensure that expired convictions do not show up.
7. Failing to Respond on Time or Leaving Spain During the Process
Once your application is submitted, you may receive requests for additional documentation (subsanaciones) that must be addressed within a deadline. If you fail to respond on time, your application may be archived.
Additionally, for some applications, it is mandatory to remain in Spain during the process.
Tip: Stay alert for notifications and avoid traveling if your permit depends on your presence in the country.
How to Avoid All These Mistakes
With proper planning, knowledge of the procedure, and specialized legal advice. At Fuster & Associates, we have over 25 years of experience helping foreigners establish themselves legally in Spain. Our legal team reviews your case and prepares your application according to the exact requirements of your profile and the province where you apply. If you are considering moving to Spain, we offer a comprehensive legal and tax advisory service to help you make informed decisions from the start. It’s not just about completing the paperwork but doing so with vision and strategy.
Our legal and tax team answers all your questions about taxes, residency, and legal obligations, so you can make decisions with confidence.
Want to avoid mistakes and secure your residency in Spain? Contact us today.
We want to help you navigate all the legal complexities that comes to buying or selling a house in Spain, but this article is legal information and should not be seen as legal advice.
