Moving to Spain from the USA — Complete Legal Checklist (2026)

Your Step-by-Step Legal Roadmap: USA to Spain

Every year, thousands of Americans make the move to Spain — whether for retirement, remote work, a career change or simply a better quality of life. But the legal requirements can be daunting if you do not know where to start.

At Costa Luz Lawyers, we have helped hundreds of US citizens navigate the move. This checklist covers every legal step you need to take, from before you leave the States to settling into life in Spain.

Step 1: Choose the Right Visa

As a US citizen, you can enter Spain visa-free for up to 90 days within a 180-day period (Schengen rules). But to live in Spain, you need a visa. The main options for Americans are:

• Non-Lucrative Visa (NLV): The most popular choice for retirees and those with passive income. You must prove sufficient financial means (approximately EUR 2,400/month for the main applicant) and cannot work in Spain. Valid for one year, renewable.
• Digital Nomad Visa (DNV): Launched in 2023, this is ideal for remote workers employed by a US company or self-employed freelancers. You must earn at least 200% of Spain’s minimum wage and your employer/clients must be predominantly outside Spain.
• Investor/Entrepreneur Visa: For those making a significant investment in Spain (EUR 500,000+ in real estate, or EUR 1 million+ in Spanish shares/bank deposits).
• Student Visa: If you plan to study in Spain (language courses, university programmes).

Important for Americans: Unlike UK citizens post-Brexit, US citizens apply through the Spanish consulate in the US (New York, Los Angeles, Miami, Houston, Chicago, Washington DC, Boston, San Francisco or San Juan). Processing times vary by consulate — Miami and Los Angeles tend to be the busiest.

Step 2: Gather Your Documents (Before You Leave the US)

Start collecting these before you leave — getting them from Spain is far more difficult:

• FBI background check (or state police clearance) — must be apostilled and translated into Spanish by a sworn translator.
• Medical certificate from a licensed physician.
• Proof of income/funds: Bank statements, Social Security benefit letter, pension statements, 401(k)/IRA statements.
• Private health insurance that covers Spain with no co-pays (required for most visa types). US-based insurance (including Medicare) is generally not accepted.
• Marriage certificate, birth certificates — apostilled and translated if applicable.

Step 3: Understand the US-Spain Social Security Agreement

The US and Spain have a Totalization Agreement that prevents you from paying Social Security taxes to both countries simultaneously and allows you to combine work credits from both countries to qualify for benefits. Key points:

• If you worked in the US and later work in Spain, your US credits count towards qualifying for a Spanish pension (and vice versa).
• If you are self-employed in Spain, you generally pay into the Spanish Social Security system only (not US self-employment tax).
• Your US Social Security retirement benefits can be paid to you in Spain. Notify the Social Security Administration of your new address.

Step 4: Get Your NIE (Tax Identification Number)

The NIE (Numero de Identidad de Extranjero) is your foreign identification number in Spain. You need it for virtually everything — opening a bank account, buying property, signing contracts, paying taxes. You can apply:

• At a Spanish consulate in the US (before you move), or
• At the National Police station in Spain (after arrival, with an appointment).

Step 5: Open a Spanish Bank Account

You will need a Spanish bank account for paying rent, utilities, taxes and receiving any local income. Popular banks for expats include Sabadell, CaixaBank and BBVA. Requirements typically include:

• Passport
• NIE or proof of NIE application
• Proof of address (utility bill or rental contract)
• Certificate of non-tax-residence from the IRS (or a signed declaration)

FATCA note: Spanish banks will ask if you are a US person and will report your account to the IRS under FATCA. This is normal and unavoidable.

Step 6: Register with Your Local Town Hall (Empadronamiento)

Within the first few weeks of arrival, register at your local Ayuntamiento (town hall). The empadronamiento (census registration) is free and proves your address. You need it for healthcare, schooling, and eventually applying for permanent residence.

Step 7: Healthcare — Your Options

• Private insurance: Required for most visa applications and typically costs EUR 80-200/month depending on age and coverage.
• Public healthcare (SIP card): Available once you are registered as a resident and contributing to Social Security (or via the convenio especial scheme at approximately EUR 60/month for under-65s).
• Medicare: Does NOT cover you in Spain. You will need to make alternative arrangements.

Step 8: Register Your Residency (TIE Card)

Once in Spain with your visa, you have 30 days to apply for your TIE (Tarjeta de Identidad de Extranjero) — your physical residence card. This is done at the Oficina de Extranjeria or National Police station with an appointment.

Step 9: Driving in Spain

Your US driving licence is valid for the first six months. After that, most American states do not have a reciprocal agreement with Spain, so you will need to take the Spanish driving test (theory and practical). The exceptions are a few US states with exchange agreements — check with your local Jefatura de Trafico.

Step 10: US Tax Obligations from Spain

Do not forget — the US taxes worldwide income. You will need to:

• Continue filing US tax returns annually
• File FBAR (FinCEN 114) if your Spanish accounts exceed $10,000
• File FATCA Form 8938 if thresholds are met
• File Modelo 720 in Spain if you hold US assets above EUR 50,000

See our detailed guide: US Expat Tax Guide for Spain.

Let Us Handle the Legal Complexity

Moving countries involves dozens of legal steps, and missing even one can delay your visa or create problems down the road. Our bilingual team handles the entire process — from visa application to NIE, empadronamiento, TIE and beyond.

Start your move to Spain with confidence.

📞 Book your free consultation or reach us on WhatsApp.

Source: the US$10,000 FBAR reporting threshold is set by the US Treasury’s Financial Crimes Enforcement Network (FinCEN Form 114, Report of Foreign Bank and Financial Accounts). US reporting thresholds and rules are set by US law and can change — confirm your current position with a US tax specialist. This is general information, not legal or tax advice.

Driving is one of the practical steps every relocation checklist should cover — see the general rules for exchanging a foreign driving licence in Spain.

Where the plan is a non-lucrative visa and a property purchase at the same time, the order in which you do them matters more than most checklists suggest. combining an NLV application with a purchase