Order of commitments and cost of undoingArticle 2 of 6 · 9 min read
What it costs to undo each step of a move to Spain
Shows what it costs in money, time and flexibility to back out of each step of a move to Spain, from a withdrawn visa application to a lost rental reservation deposit, a property deposit or an early lease exit. For anyone planning the order of their commitments.
Terms used
- Señal — The señal is a deposit paid to reserve a property; what happens to it depends on the wording you sign.
- Arras penitenciales — Arras penitenciales are a deposit that lets either side withdraw: the payer loses it, or the recipient returns double.
- Arras confirmatorias — Arras confirmatorias are a part-payment confirming the contract, so neither side can withdraw freely.
- Arras penales — Arras penales are a deposit set as a penalty for breach, which the other party can claim and a court may reduce.
- Extranjería — Extranjería is the immigration office that handles residence permits for foreigners.
Key rules
- Visa fees: Visa and provider fees are generally not refunded if you withdraw or are refused.
- Señal: Whether you get a reservation deposit back depends on the wording you signed, so get a written receipt.
- Arras: Agree the type of arras in writing before paying a property deposit.
- Early lease exit: Leaving a lease after the first 6 months needs 30 days' written notice, and an indemnity applies only if the contract says so.
- Time abroad: Long absences from Spain can break the continuity you need for renewal, long-term residence and citizenship.
The short version
The further you go, the more it costs to turn back. A visa application costs you the fee. A reservation deposit can cost you the deposit. A lease costs you notice and possibly an indemnity. A residence permit costs you nothing to keep, as long as you actually live in Spain. Commit to the cheapest-to-undo steps first.
Withdrawing a visa application
You can withdraw a national long-stay visa application before it is decided. Tell the consulate, or the outsourced provider that handles appointments, in writing.
Do not expect money back. Consular fees are generally not refunded if you withdraw or are refused, because the fee pays for processing, not for the result. Service fees paid to an outsourced provider are also non-refundable. Practice varies, so ask the consulate handling your application.
The real cost is time. A withdrawn or refused application means starting again, with new fees and a new wait. Do not buy non-refundable flights or end your lease at home until the visa is approved.
Reservation deposit on a rental (señal)
A señal is money you pay to reserve a property. What you lose depends on the wording you sign.
- If it is a plain reservation, it is usually returned when the deal fails for reasons outside your control.
- If it is described as arras penitenciales, you lose it if you pull out. If the landlord pulls out, they must return double.
Get a written receipt that states the purpose and the conditions for a refund. Read the wording before you pay, because the same amount of money can be refundable or lost.
Deposit on a property purchase (arras)
Buying is the hardest step to undo. There are three types of arras:
- Arras confirmatorias confirm the contract. Neither side can withdraw freely, and a party that breaches can be forced to complete or sued for damages.
- Arras penitenciales allow withdrawal. The buyer loses the deposit, and the seller returns double.
- Arras penales set the deposit as a penalty for breach. The other party can claim it, and a court may reduce it.
If the contract does not say which type applies, courts often treat the arras as penitenciales. Do not rely on that. Ask the notary or your lawyer to make the type explicit before you pay.
Leaving a lease early
Leaving a lease costs notice, and sometimes an indemnity. After the first 6 months you may leave by giving the landlord 30 days' written notice. Before that, leaving is a breach of contract.
The contract can require an indemnity of one month's rent for each year of the contract still to run, with a proportional amount for part years. It applies only if the contract expressly says so. Check for this clause before you sign. This applies to standard residential leases, not to seasonal or commercial ones.
Leaving Spain after you have a permit
A residence permit does not lock you in, but absences count against you.
- On a temporary residence permit, more than 6 months outside Spain in a year, in one stretch or added up, can break your continuity of residence. That can block renewal or later long-term status. The permit can also be withdrawn or not renewed if your real home is not in Spain.
- Long-term residence lapses after 12 consecutive months outside Spain.
- For citizenship and long-term permits, more than 10 months away in the five-year period, or more than 6 months at a time, interrupts continuity.
Some permits, such as investor, digital nomad or family permits, have their own stay requirements. Check your permit's conditions with the immigration office (Extranjería).
Cost of undoing your move at home
If you ship or store your belongings, the cost of reversing grows with volume and time. Shared shipments cost far less than a dedicated container. Storage becomes worth it only for a few months, after which replacing items can cost less. Get several current quotes first.
Resigning from your job
Resigning is the step many people cannot reverse. The decision below sets out when it is safe.
When is it safe to resign?
When should you hand in your resignation?
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Wait until approval and the last day are in writing: Fits most people. Before you resign, hold the written visa or route approval, and get your employer to confirm in writing the last day, the notice period accepted, what the finiquito (final settlement) will include, including unused holiday, and any waiver of notice. Also ask for the certificado de empresa (company certificate), which you need for unemployment benefit (paro).
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Stay employed until the permit is granted: Fits employer-sponsored routes (highly qualified professional or intra-company transfer), where your employer is the applicant or sponsor, and remote-work (digital nomad) routes, where you must show a relationship with a non-Spanish company for at least three months before applying. Resigning earlier can destroy your eligibility.
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Keep the job through leave or a transfer: Fits if you want a fallback while the application is pending. Ask for an unpaid leave of absence (excedencia), remote-work permission or a transfer, and get your employer's written confirmation before you rely on it.
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Follow your partner's status if you are a dependant: Fits family reunification or dependant routes. Your partner, as the sponsor, must hold residence and show income and housing, so their work and status decide the timing, not your job. Resign once approval is in writing and your last day is agreed.
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Resign without waiting: Fits mainly non-lucrative visa applicants, where your income must be passive and meet the minimum threshold, so leaving the job is generally expected. Still agree your last day in writing first.
Resign only after your visa or route approval is in writing and your last day is agreed, because voluntary resignation generally gives no unemployment benefit and cannot be reversed. If you resign too early, you owe the notice set by your collective agreement or contract (commonly 15 days if none is set), or the employer can deduct a day's pay for each missing day from your finiquito. You also get no severance, whereas dismissal would bring 33 days' pay per year for unfair dismissal or 20 days for objective dismissal, and generally paro. If the route is refused after you resign, you cannot get the job back, and the employer may refuse to re-hire you, although you can ask them to withdraw your resignation. Appeal the refusal to the consulate within one month, or to the court within two months, or reapply with a corrected file, which is often quicker. A refusal does not create a right to paro, but a new job lost involuntarily can build new entitlement, and you may qualify for the subsidio (a non-contributory benefit) if you meet its requirements. Do not sign the finiquito as 'conforme' unless the amounts are correct; signing 'no conforme' keeps your right to claim, for one year.
Timeline and deadlines
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Leave a residential lease early: after the first 6 months of the lease
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Give the landlord written notice that you are leaving: at least 30 days before you go
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Pay the indemnity if your contract requires one: one month's rent per remaining year, in proportion for part years: when you leave, only if the contract expressly agrees it
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Keep absences from Spain under the limit for a temporary residence permit: no more than 6 months in a year, continuous or added together
What to watch out for
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Visa fees are lost if you withdraw or are refused: Consular fees and application-centre service fees are generally not refunded, whether you withdraw or the visa is refused. Submit only when your documents are complete, and confirm the fee rules with the consulate handling your application. To withdraw, tell them in writing before a decision.
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A rental reservation deposit can be forfeited: If the receipt calls the deposit arras penitenciales, you lose it by withdrawing, and the landlord returns double if the landlord withdraws. Get a written receipt stating the purpose and conditions, and ask for wording that makes it refundable if the deal fails for reasons outside your control.
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Property purchase arras can cost you the deposit: If the contract does not say which type of arras it is, courts often treat it as penitenciales: the buyer who withdraws loses the deposit. With confirmatorias you can be forced to complete or sued for damages. Have the contract state clearly which type of arras it is before you pay anything.
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Leaving a lease early can carry an indemnity: You can leave after the first 6 months with 30 days' written notice, but the contract may require one month's rent per remaining year, in proportion for part years, if it expressly says so. Check your contract for an indemnity clause before signing, and give notice in writing.
Frequently asked questions
Do I get my visa fee back if I withdraw my application?
No, consular fees are generally not refunded if you withdraw or if the visa is refused, because the fee pays for processing, not the outcome. Fees paid to an outsourced application centre are also non-refundable.
Do I lose my reservation deposit if a rental falls through?
It depends on the wording you signed: a plain reservation deposit is usually returned if the deal fails for reasons outside your control. If the receipt calls it arras penitenciales, you lose it by pulling out, and the landlord must return double if the landlord pulls out.
What happens to my deposit if the property contract does not say which type of arras it is?
Courts often treat the deposit as arras penitenciales when the contract is silent, so the buyer can withdraw but loses the deposit. With arras confirmatorias, neither side can withdraw freely and a breach can lead to being forced to perform or sued for damages. With arras penales, the deposit is a penalty the other side can claim, though courts may reduce it.
How long can I be outside Spain before my residence permit is at risk?
For a temporary residence permit, absences of more than 6 months in a year, continuous or added together, can break your continuity of residence and block renewal. Long-term residence lapses after 12 consecutive months outside Spain. Permits tied to an activity or investment have their own stay requirements, so check them with Extranjería, the immigration office.
More in Order of commitments and cost of undoing
- In what order should you commit to moving to Spain?
- Keeping the way back open while you make progress
- Which Spanish formalities commit you, and which are safe early?
- What you can safely book before your visa is approved
- Reservation deposits (señal) and when you lose them
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