Alba & Luna Lawyers experts in Immigration Law in Benalmádena – Arroyo de la Miel.

The exact documents depend on your route (usually nationality by residence), but in most cases you will need:

• Valid passport (all pages) and current residence card (TIE).
• Proof of continuous legal residence in Spain for the required period (10, 5, 2 or 1 year, depending on your case).
• Full birth certificate, duly legalised or apostilled and translated if necessary.
• Criminal record certificates from your country of origin and from Spain.
• Current and historic padrón certificates to prove you really live in Spain.
• DELE A2 and CCSE exam certificates, when required.
• Marriage certificate or family documents, if your family situation reduces the residence period.
• Proof of payment of the official nationality fee.

Since the procedure is now mainly online, all documents must be up-to-date, correctly scanned, legalised/apostilled and, where necessary, translated. At Alba & Luna Lawyers we prepare a personalised checklist for your case and file the application telematically on your behalf.

In many situations, no – most residence visas (for example non-lucrative residence or standard work visas) must be requested from your country of origin or legal residence, through the Spanish Consulate.

However, under the updated immigration rules that apply from 2025, there are cases where you can start the process from Spain:

• As a family member of a Spanish or EU citizen.
• Through one of the new or updated arraigo permits (social, sociolabour, socio-training, second chance) when you have already lived in Spain for at least two years and meet specific conditions.
• In some humanitarian or protection-based procedures.

Trying to “switch” from tourist to resident without a solid legal basis can lead to refusal or even future expulsion procedures. We review your situation before your 90 days expire and tell you whether you must apply from abroad or can start a safe procedure from Spain.

A refusal is not necessarily the end of the road. The first step is to analyse why the application was denied: missing documents, income problems, criminal records, doubts about your real residence, use of outdated criteria, etc.

You usually have three options:

• Administrative appeal within the legal deadline (often one month), correcting documents and adding legal arguments.
• Judicial appeal before the courts, if the administration confirms the refusal.
• In some situations, especially with the new 2025 figures (arraigo, family of Spanish citizen, etc.), it is more effective to file a new application under a permit that actually fits your situation.

At Alba & Luna Abogados we review the complete file, check if any of the new 2025 options can be used in your favour and design the best strategy: appeal, new application, or a combination of both.

The most common options in Benalmádena and the Costa del Sol in 2025 are:

• Non-lucrative residence: to live in Spain without working, ideal for retirees or people with sufficient passive income.
• Work visas as an employee, linked to a job offer and an employer that sponsors you.
• Self-employed / entrepreneur permits to run your own business or professional activity.
• Digital nomad / remote worker visas for those who work online for foreign companies or clients.
• Student visas and post-study residence, which now allow you to work part-time and then move to a work permit.
• Family permits (family reunification and the new 2025 permit for relatives of Spanish citizens).
• EU family member cards if your close relative is a citizen of another EU/EEA country living in Spain.

The former “Golden Visa” based solely on purchasing property has been abolished, so buying a home in Benalmádena no longer grants automatic residence. We help you choose the best legal route according to your profile and long-term plans.

After Brexit, UK citizens are treated as non-EU nationals. This means they no longer have automatic freedom of movement and must obtain a residence visa if they want to live in Spain for more than 90 days.

There are two main groups:

• UK citizens who already lived in Spain before 31 December 2020 and are protected by the Withdrawal Agreement. They should hold a specific TIE card and keep it updated.
• UK citizens moving to Spain from 2021 onwards, who must apply for a standard residence permit (non-lucrative, work, digital nomad, student, family of Spanish/EU citizen, etc.).

In addition, the Golden Visa route for property investment has been removed, so buying a 500,000 € property is no longer enough to obtain residence. We regularly assist British clients who want to move to or regularise their situation in Benalmádena and we design the safest route for each case.

It depends on the type of residence:

• If you hold a residence and work permit (as employee or self-employed) or many of the new 2025 arraigo permits, you are allowed to work under the conditions of that authorisation.
• With a non-lucrative residence, you are not allowed to work for a Spanish employer or run a local business.
• With a student authorisation, you can now work up to 30 hours per week if you meet the legal requirements and the work is compatible with your studies.

Working without the correct permit can cause problems for future renewals, arraigo or nationality. We check your current card and, if necessary, plan a modification to a permit that gives you full access to the labour market.

In many cases you can, but the options and timing depend on your permit and on the new family rules introduced in 2025.

• If you are a Spanish citizen, there is now a unified permit for your relatives (spouse/partner, children – usually up to 26 if economically dependent – and some extended family members who are really dependent).
• If you are a foreign resident, you may be able to apply for family reunification once you meet the minimum residence and income requirements.
• Some visas (for example highly-qualified professionals, digital nomads or certain entrepreneurs) allow you to include your spouse/partner and children in the initial application.

We analyse who you want to bring, your income and housing conditions and whether it is better to apply together from the beginning or reunite your family later once your own residence is granted.