Spain

From Trans World Express

Spain is a member of the European Union and has the most LGBT-friendly laws in Europe, according to the LGBT Equality Index. It is also a lower-cost option in the EU.

Why Spain?

Legal gender recognition

In 2023, Spain passed the most progressive transgender rights law in the EU, the Ley Trans.[1] It allows anyone 16 or older to self-identify with any gender, including a nonbinary gender option. Children 12 or 13 years can update their gender with a judge's approval, while children 14 or 15 can update their gender with their parents' approval.

Anti-discrimination laws

Spain has laws preventing discrimination against LGBTQ individuals in work and housing.[2]

Public healthcare

Spain has a strong public healthcare system that ranks pretty highly.[3]

LGBTQ+ rights and community

Immigration pathways

Spain has immigration options for digital nomads, retirees, and skilled workers (see below).

English Language

Basic English is spoken widely in major cities.

Many expats

Spain is one of the more popular choices due to its weather and lower income requirements for visas.

Why not Spain?

Like other European countries, the far right has been ascendant, represented by the Vox party. Meanwhile, the ruling Spanish Socialist Workers' Party (PSOE) has been split between trans rights supporters and anti-trans feminists. In December 2024, the PSOE updated their party's platform to push for banning trans female athletes.[4]

Legal issues

Spain seems to thrive on bureaucracy so navigating government forms, applications, and requirements will be challenging. For example, it may take a longer time than the legal maximum year of waiting to receive residency.[5] Consider hiring an immigration lawyer or local.

Housing issues

The major cities are all facing housing shortages. Finding a rental in Barcelona, for example, requires renters to jump on listings as soon as they come available.

Visa issues

Access to Trans Healthcare

TODO

Immigration policy

Regardless of your immigration path, a key piece of advice from seasoned expats is, "bring or acquire a printer - you will be printing many documents as part of immigrating."

Temporary Residence Visas[6]

Study Visa

Known in Spain as an "Auxiliar de conversación." It is for stays exceeding 90 days for studies, training, internships or voluntary work. This visa may also be issued for stays for au pairs and for conversation class assistants.[7]

Highly Skilled Worker / Company Transfer Visa

Visa for highly qualified workers and for intra-company transfers. You must be a highly qualified professional, member of senior management personnel meeting certain criteria, or as a graduate or post-graduate of a prestigious university and/or business school.[8]

In this process, your company will first submit an application to the Spanish government. They will require your CV (translated to Spanish), your diploma (Apostilled by your institution's state and translated), and a copy of your entire passport.

Once the government either approves your application or fails to respond after four weeks (considered a "positive" assent) you can then apply for your visa at your local Spanish consulate.

All Documents Required

  • CV/Resume translated to Spanish
  • Proof of skills, which is either:
    • Diploma Apostilled and a sworn translation
    • Letters of recommendation from your employers with sworn translations
  • Copy/scan of all pages of your passport
  • FBI Identity History Summary apostilled by the US State Department and a sworn translation
  • Marriage certificate (if married) apostilled with a sworn translation

EU Blue Card

Spain's version of the EU Blue Card has very similar criteria to the Highly Skilled Worker visa. If you find a job in Spain you will need to ask your employer to apply for this type of visa for you. It allows you to transfer residence to another EU country if your job in Spain ends. It is typically valid for up to 3 years and can be renewed. This visa requires a minimum annual salary of €38,844[9].

Telework / Digital Nomad

Nationals of third countries who travel to Spain to carry out a remote work or professional activity for companies located outside Spain, through the exclusive use of computer, telematics and telecommunication media and systems.[10]

According to the consulate, "Foreigners who are legally in Spain can apply for a telework residence permit directly in Spain, without the need for a prior telework visa. The residence permit can be valid for a maximum of three years. In contrast, the visa has a maximum validity of 1 year. "[11]

Non-working/Non-lucrative Visa

Visa to reside in Spain without carrying out any gainful (work or professional) activity, provided that the applicant has sufficient and guaranteed means to live on. You won't be able to work for any Spanish company.[12]

North American Language and Culture Assistants Program NALCAP

Teach English in Spain in partnership with the Spanish embassy.[13][14]

Family Reunification

​For those with a spouse, children or parents who are Spanish residents.[15]

Long-Term Residence Permit

If you have lived in Spain/EU for at least 5 years, you can apply for EU Permanent Residency.[16]

Paths to Citizenship

Naturalization

You can apply for citizenship if you have lived in Spain for 10 years (2 years if you are a national by birth of Latin American countries, Andorra, the Philippines, Equatorial Guinea, Portugal or are of Sephardic Jewish origin).[17] You will need to pass language and civics/history tests.

Citizenship by Descent

You can claim citizenship if you were born outside Spain to a father, mother, grandfather or grandmother, originally Spanish and who, having suffered exile for political or ideological reasons, beliefs or sexual orientation and identity, lost or renounced their Spanish nationality.[18]

LGBTQ+ Friendly Cities

  • Barcelona
  • Madrid

Trans-friendly Cities

  • Barcelona
  • Madrid

Arriving in Spain

If you are arriving on any non-tourist visa or via citizenship, you must register for your TIE/NIE/NUSS. See Spain/Arrival for details.

References

  1. https://en.wikipedia.org/wiki/Ley_Trans
  2. https://www.equaldex.com/region/spain
  3. https://en.wikipedia.org/wiki/Health_care_in_Spain#International_comparisons
  4. https://www.thepinknews.com/2024/12/03/spain-psoe-trans-lgbtq-sport-ban/
  5. https://civio.es/el-boe-nuestro-de-cada-dia/2023/03/23/mas-de-un-lustro-esperando-la-nacionalidad-espanola-por-residencia/
  6. https://www.exteriores.gob.es/Embajadas/seul/en/ServiciosConsulares/Paginas/inicio.aspx
  7. https://www.exteriores.gob.es/Consulados/losangeles/en/ServiciosConsulares/Paginas/Consular/Visado-de-estudios.aspx
  8. https://www.exteriores.gob.es/Consulados/losangeles/en/ServiciosConsulares/Paginas/Consular/Visado-para-trabajador-altamente-cualificado-y-para-traslado-intraempresarial.aspx
  9. https://home-affairs.ec.europa.eu/policies/migration-and-asylum/eu-immigration-portal/eu-blue-card/eu-blue-card-spain_en
  10. https://www.exteriores.gob.es/Consulados/washington/en/ServiciosConsulares/Paginas/Consular/Telework-visa.aspx
  11. https://www.exteriores.gob.es/Consulados/washington/en/ServiciosConsulares/Paginas/Consular/Telework-visa.aspx
  12. https://www.exteriores.gob.es/Consulados/losangeles/en/ServiciosConsulares/Paginas/Consular/Visado-de-residencia-no-lucrativa.aspx
  13. https://www.exteriores.gob.es/Consulados/losangeles/en/ServiciosConsulares/Paginas/North-American-Language-and-Cultural-Assistant-Program-%28NALCAP%29.aspx
  14. https://www.educacionfpydeportes.gob.es/eeuu/convocatorias-programas/convocatorias-eeuu/nalcap.html
  15. https://www.exteriores.gob.es/Consulados/losangeles/en/ServiciosConsulares/Paginas/Consular/Visado-de-reagrupacion-familiar-en-regimen-general.aspx
  16. https://europa.eu/youreurope/citizens/residence/documents-formalities/eu-nationals-permanent-residence/index_en.htm
  17. https://administracion.gob.es/pag_Home/en/Tu-espacio-europeo/derechos-obligaciones/ciudadanos/residencia/obtencion-nacionalidad.html#-642c520b6c96
  18. https://www.exteriores.gob.es/en/Comunicacion/Noticias/Paginas/Noticias/20240709_MINISTERIO06.aspx