Ainhoa Manero Reveals Spain Non Lucrative Visa Secrets

Summary

The video script features an informative discussion with Iñaki, a legal expert from Sterna AOS, a top law firm in Madrid specializing in immigration services. The conversation delves into the Spanish non-lucrative visa, a residency permit that allows individuals to live in Spain without engaging in local employment or self-employment. Key points include the financial requirements for the visa, the possibility of family relocation, restrictions on work, and the transition from a non-lucrative to a digital nomad visa. The discussion also addresses recent legal changes, the benefits of dual citizenship for expedited citizenship, common pitfalls to avoid, and the application process. Iñaki emphasizes the importance of consulting with experts to navigate the nuances of immigration law and to determine the most suitable visa for individual circumstances. The video is a valuable resource for those considering a move to Spain, providing insights into the legal and practical aspects of obtaining a non-lucrative visa.

Takeaways

• 📌 The Spanish non-lucrative visa is a residency permit that allows individuals to live in Spain for a year, renewable for two additional years, without the right to work as an employee or own a business in Spain.
• 💰 Applicants must demonstrate financial means, typically showing savings of around €30,000, which corresponds to 400% of the IPREM (Public Indicator of Multiple Effects).
• 👪 Family members can move with the visa holder, but each dependent requires additional financial proof.
• 🚫 The visa explicitly prohibits working in Spain, but there is a gray area regarding remote work for companies outside of Spain.
• 📈 The non-lucrative visa counts towards permanent residency and potentially Spanish citizenship, unlike student permits which do not count towards these goals.
• 🏥 A comprehensive health insurance policy that covers all medical needs without co-payments or waiting periods is a key requirement.
• 📄 Key documents for the application include a bank certificate showing sufficient funds, six months of bank statements, criminal records, and in some cases, a P45 form or notarized declaration of no employment.
• ⏱️ The application process typically takes up to three months from submission, but it can be quicker.
• 🇪🇸 The initial visa is granted for a short period and requires the holder to enter Spain within 90 days and complete the process there, including fingerprinting and obtaining a residence card.
• 🔄 It is possible to transition from a non-lucrative visa to other types of visas, such as the digital nomad visa, after meeting certain requirements.
• ⚖️ Dual citizens can use one passport to apply for the non-lucrative visa and potentially use another to qualify for a faster track to Spanish citizenship, despite legal stipulations suggesting otherwise.

Q & A

What is the Spanish non-lucrative Visa?

The Spanish non-lucrative Visa is a type of residency permit that allows individuals to live in Spain for a year, renewable for two additional years. It is designed for those who can demonstrate sufficient financial means, such as savings, and are not planning to work in Spain as an employee or operate a business. It is not limited to retirees and can also be used by students and individuals looking to take a break or explore living in Spain before committing to more permanent arrangements.

What are the financial requirements for obtaining a non-lucrative Visa?

Applicants must show they have savings equivalent to 400% of the Spanish Index of Multiple Effects (IPREM), which is around €27,000. It is often rounded up to €30,000 for simplicity. This amount is for the principal applicant, and additional funds are required for each family member or dependent.

Can family members accompany someone with a non-lucrative Visa?

Yes, family members can move with the principal applicant under a non-lucrative Visa. Documents such as marriage certificates and children's birth certificates are required, along with proof of financial means to support them.

Is it possible to work while on a non-lucrative Visa?

Technically, a non-lucrative Visa does not allow the holder to work as an employee or run a business in Spain. However, there is a gray area where the visa holder can have a company, provided someone else with a work permit administrates and represents the company.

How does the recent Supreme Court decision affect the non-lucrative Visa renewal process?

The Supreme Court ruling removed the mandatory six-month stay requirement for renewing the non-lucrative Visa. This means that, until a new law is approved, applicants can renew their visa without having to stay in Spain for six months per year.

What are the common pitfalls to avoid when applying for a non-lucrative Visa?

Common mistakes include issues with private insurance coverage, incorrect or incomplete apostille and translation of documents, and confusion about the intentions regarding work while in Spain. It's important to be clear and honest about plans to work or not work during the stay.

What is the typical application process duration for a non-lucrative Visa?

The legal processing time is three months, but it is often completed sooner, typically within one to one and a half months after the application is submitted with all required documents.

Can dual citizens benefit from the two-year fast track to Spanish citizenship?

Dual citizens can benefit from the two-year fast track if they apply for the non-lucrative Visa with the passport of the country that offers the fast track, such as Mexico. Even if the initial residency is held with a different passport, the Spanish authorities are allowing applications for nationality after two years, considering the dual citizenship.

What documents are required when applying for a non-lucrative Visa?

Key documents include a private insurance policy that covers all medical needs without co-payments, criminal records, marriage and birth certificates for family members, financial means documentation such as a bank certificate and statements, and in some cases, a document like the P45 from the employer stating the applicant is no longer working.

How can someone handle housing arrangements before arriving in Spain?

It is recommended not to rent a place without seeing it first. Instead, applicants can provide a list of potential rentals in their intended city or area, or a letter from a friend or family member allowing them to stay temporarily. This approach is particularly important as some consulates require proof of address at the time of application.

Can a non-lucrative Visa holder work remotely for a company outside of Spain?

This is a gray area in Spanish legislation. While the non-lucrative Visa does not explicitly allow for work, some individuals have been able to work remotely for foreign companies without issues. However, the recently introduced Digital Nomad Visa is specifically designed for remote work.

What are the tax implications for someone holding a non-lucrative Visa in Spain?

If a non-lucrative Visa holder becomes a tax resident in Spain by staying for more than 183 days in a calendar year, they must declare their taxes in Spain. However, depending on the double taxation agreement between Spain and the holder's home country, they may not have to pay taxes in Spain if they pay them in their home country. It is crucial to consult with a tax advisor to understand the specific obligations.

Outlines

00:00

😀 Introduction to Spanish Non-Lucrative Visa

The video introduces the Spanish Non-Lucrative Visa, highlighting its purpose for individuals who wish to reside in Spain without engaging in lucrative activities. It emphasizes the visa's significance for those seeking permanent residency or nationality, outlines the financial requirements, and discusses who is eligible to apply. The video also addresses the possibility of family members accompanying the visa holder, the potential for working under this visa, transitioning to a different visa type, and the impact of legal changes on applications.

05:01

📚 Key Documents and Consultation Benefits

The paragraph discusses the importance of a consultation for understanding visa requirements and identifying the most suitable visa type. It stresses the significance of private insurance, the need for comprehensive coverage, and the common pitfalls associated with it. The video also covers other essential documents for visa application, including criminal records, marriage and birth certificates, and financial means. It touches on the challenges of dealing with different consulates and the varying requirements they might have.

10:06

💡 Application Process and Potential Issues

The video outlines the application process for the non-lucrative visa, including the typical duration and the steps involved from document gathering to approval. It addresses the role of consulates and the potential complications arising from outsourcing visa processing to third-party companies. The paragraph also warns applicants about common mistakes, such as issues with private insurance and document translation, and the importance of honesty in application responses.

15:09

🛂 Recent Legal Changes and Their Impact

The paragraph discusses a Supreme Court decision that has potentially altered the non-lucrative visa renewal process by removing the six-month minimum stay requirement. It explains the implications of this change on tax residency and the potential need for appeals in cases where the old requirements were followed. The video also explores strategies for those not wanting to become tax residents and the long-term considerations for permanent residency.

20:09

🏡 Housing Arrangements and Tax Implications

The video advises against securing a rental property before arriving in Spain due to visa application uncertainties. It suggests providing a potential area of residence to meet visa application requirements and recommends utilizing local knowledge or contacts to find suitable housing. The paragraph also covers tax implications for non-lucrative visa holders, emphasizing the importance of understanding double taxation agreements and the necessity of declaring taxes even if not payable in Spain.

25:12

🤝 Dual Citizenship and Visa Transitions

The video addresses the possibility for dual citizens to use their second nationality to benefit from faster citizenship tracks. It clarifies that despite legal stipulations, those with residency from a non-fast track country can still apply for Spanish nationality using their fast track nationality after two years. The paragraph also explores the transition from a non-lucrative visa to other visa types, such as the digital Nomad visa, and the services provided by the firm to assist with post-visa approval processes.

30:14

📝 Visa Issuance and Address Registration

The video explains the process of obtaining a non-lucrative visa, detailing the initial issuance of a three-month visa upon arrival in Spain and the subsequent steps to extend it. It covers the requirement for address registration and the process of booking appointments for fingerprinting. The paragraph also advises on the timeline for applying for a visa and the flexibility of immigration authorities regarding the 30-day window for local registration post-arrival.

35:15

🚫 Dealing with Visa Rejections and Appeals

The video discusses the options available to applicants if their non-lucrative visa is initially rejected. It outlines the possibility of submitting a new application or pursuing an appeal, with a focus on the timing and costs associated with each option. The paragraph emphasizes the importance of understanding what may cause a visa denial and how to address these issues effectively, whether through notarized declarations or court appearances.

Keywords

💡Non-Lucrative Visa

A type of residency permit in Spain that allows individuals to live in the country without engaging in work or self-employment. It is significant in the video as it is the main topic of discussion. The term is used to describe a permit that requires proof of financial means, typically €30,000 in savings, and is aimed at those who are not looking to work in Spain but may wish to retire, study, or simply reside there.

💡Residency

Residency is a status that allows a person to live in a particular country for an extended period. In the video, it is discussed in the context of the Non-Lucrative Visa, which is a type of residency that counts towards permanent residency and potentially Spanish citizenship. It is a key concept as it underpins the eligibility and benefits of holding a Non-Lucrative Visa.

💡Financial Requirements

The financial requirements refer to the necessary funds or proof of income that an applicant must demonstrate to qualify for the Non-Lucrative Visa. The video mentions the need to show savings equivalent to 400% of the IPREM (Public Indicator of Multiple Effects), which is around €27,000. This is a crucial aspect as it ensures the applicant can sustain themselves without working in Spain.

💡Digital Nomad Visa

This is a specific type of visa designed for individuals who work remotely for companies outside of Spain. It is mentioned in the video as an alternative to the Non-Lucrative Visa for those who intend to work while living in Spain. The Digital Nomad Visa is a newer development and is part of the evolving legal landscape regarding remote work and residency.

💡IPREM

The Public Indicator of Multiple Effects (IPREM) is a reference index used in Spain to determine various social benefits and legal requirements, including the financial threshold for the Non-Lucrative Visa. It is a key term in the video as it sets the baseline for the financial means required to qualify for the visa.

💡Tax Implications

The tax implications for Non-Lucrative Visa holders pertain to the legal obligations and potential liabilities associated with taxation in Spain. The video discusses the importance of understanding double taxation agreements and the need to declare taxes, even if one does not have to pay them due to such agreements. This is relevant for individuals who maintain income from sources outside of Spain.

💡Dual Citizenship

Dual citizenship refers to the status of a person who is a citizen of two countries at the same time. In the context of the video, it is discussed in relation to the potential benefits for obtaining Spanish citizenship more quickly through the fast-track process if one holds a passport from a country with such an agreement with Spain.

💡Consulates

Consulates are government offices located in foreign countries, responsible for issuing visas among other services. The video emphasizes the role of consulates in the application process for the Non-Lucrative Visa and how different consulates may have varying requirements or levels of strictness, affecting the application experience.

💡Permanent Residency

Permanent residency, also known as long-term residence, is a status that allows a person to reside in a country indefinitely. The video discusses the Non-Lucrative Visa as a pathway to achieving permanent residency in Spain, which is an attractive prospect for many visa applicants.

💡Appeals Process

The appeals process is a legal procedure that allows individuals to challenge a decision made by a consulate regarding their visa application. The video touches on the possibility of appealing a denied Non-Lucrative Visa and the considerations involved in deciding whether to reapply or appeal.

💡Tax Residency

Tax residency is a status determined by the number of days spent in a country within a calendar year, which can have tax implications. The video discusses the impact of the six-month stay requirement on becoming a tax resident in Spain and how recent legal changes may affect this status for Non-Lucrative Visa holders.

Highlights

Spanish non-lucrative Visa allows individuals to reside in Spain for one year, renewable for two additional years, without engaging in local employment or self-employment.

Applicants must demonstrate financial solvency, with a common guideline being €30,000 in savings, though the legal requirement is 400% of the IPREM index, approximately €27,000.

The visa is not limited to retirees; students, freelancers, and those seeking a lifestyle change can also apply.

Visa holders can have income and own a company, but must appoint a representative with a work permit to manage the company's operations.

There is no age limit for the non-lucrative Visa, making it accessible to a wide demographic, including young professionals and students.

The non-lucrative Visa can be a pathway to permanent residency and potentially Spanish citizenship, offering long-term benefits for those planning to stay in Spain.

Key documents for application include private health insurance, criminal records, marriage and birth certificates (if applicable), and financial means documentation.

The application process typically takes around one and a half months from submission, with the initial visa granting a three-month entry period to Spain.

Sterna AOS can assist with non-lucrative Visa applications at any Spanish consulate, navigating the complexities of the process regardless of the applicant's location.

The renewal process for the non-lucrative Visa is more straightforward than the initial application, often completed online with fewer required documents.

A Supreme Court ruling has eliminated the six-month minimum stay requirement for visa renewal, although practical application may vary by immigration office.

NLB Visa holders can potentially work remotely for companies outside of Spain, although this is a gray area in the legislation and subject to interpretation.

Dual citizens can use their non-lucrative Visa to eventually apply for Spanish citizenship through the fast-track process using their qualifying passport.

Applicants are advised against securing a rental agreement before arrival in Spain due to the risks associated with visa application outcomes.

The tax implications for NLB Visa holders are complex and depend on individual circumstances and the non-double taxation agreements between their home country and Spain.

Challenges faced during the application process often relate to the variability and subjectivity of different consulates' interpretations and requirements.

It is possible to transition from a non-lucrative Visa to a digital Nomad Visa, despite the seeming contradictions in work eligibility.

Post-visa approval support from legal services like Sterna AOS includes assistance with address registration, fingerprinting, and obtaining the one-year residence card.

Transcripts

welcome to Spang Guru I'm excited to

introduce I know Mano from sterna AOS a

top love firm from Madrid specializing

in Immigration Services I know a lead

Stern as dedicated team expertly guiding

on Spanish immigration issues including

nationality work permits and visas Spang

Guru has proudly recommended sterna for

years today we dive into the intricacies

of the Spanish notive Visa what are the

must know Financial requirements can

your family move with you can you work

under a non-lucrative Visa can I

transition from a non-lucrative visa to

a digital Nomad Visa how do recent legal

changes affect your application can dual

citizens benefit from the two-year uh

citizenship FasTrack and what are the

common pitfalls to avoid and if you have

any questions don't forget to write them

in the comments welcome I knowa to Spang

Guru thank you thank you very much and

could you briefly explain what the

Spanish non-lucrative Visa is of course

this is a residency okay and this term

is important residency because this

counts towards I don't know permanent

residency towards nationality so Spanish

citizens so it's a residency that they

first give for a year and then we can

renew it for two and two that allows you

to live in Spain if you show that you

have savings what savings we always say

like to to do a round number we always

say €30,000 but really the law says an

index okay that we have in Spain that is

IEM eem in Spanish okay iprm and it says

that you have to show

400% of IPR em that right now is around

27,000 I always say

€30,000 so they give you this residency

for a year okay and you cannot work in

Spain as an employee or to have your own

business but it's not only for retired

people people that come to study they

can do it okay people that are coming H

for H one year H break they can do it

and you can also even have inome that

that is what the people doesn't know so

I mean you can have a company if you

want but you need someone okay that

administrates the company who represents

the company so of course that if you

have a company you can have the sharees

that 100% shares but you cannot do

anything with the company you need

someone who has the permit to to work

who represents the company who is

typically eligible to apply for this non

lucrative visa and I understand from

your previous answer there's no age

limits for this uh Visa right no age

limit so it's true that retired people

is a very common uh client for me is a

client but okay an applicant for this

Visa but a lot of students can come with

this uh kind of permit and they are

jumping people and it's true that in

some consulates H they put problems but

really because the the consulates don't

know about really the law and we have

fight for a lot of cases um for young

people because it's better for the

future than on lucrative the problem

about the student permit for example is

that you have to keep a studying keep a

study keep paying studies so if you meet

the requirements for the non lucrative

you can choose more studies not only the

ones that qualify yeah for example maybe

you you you want some part online you

can do it uh so there are a lot of

advantages as I told you permanent

residency a lot of advantages and there

are no limits young people old people

people that are in in 30s 40s that they

want to get a break have a break and

maybe they are planning to work in the

future in in Spain but now they don't

know if they really want and they want

to leave the experience and decide if

they settle in Spain these are very

common H

situations yes I've heard from people uh

of you know 20 in their 20s that applied

and actually got approved for this non

lucrative Visa that's why I always say

uh consult with the experts from sterna

because if you have an idea on how you

want to move to Spain I'm sure sterna

can actually guide you you uh through

the best path in order to to fulfill

your your plans right most useful thing

about doing a consultation is that

sometimes we think we meet the

requirements for a Visa and it's true

but maybe there is another Visa that we

also meet requirements and it's better

for our situation so the good thing

about knowing the immigration law is

that we know all the Visas and maybe is

any any

Visa that you have not think about is

better and this is very common with the

non lucrative for the students as I told

you and for the golden visas the golden

visas which are the one that invest

money normally in properties but there

are different uh

situations is much better if they come

with an un lucrative and they check by

themsel where they are investing okay

and a way to come and have the time to

decide where you invest is coming with

with a non lucrative because you just s

savings and then you can switch because

coming with a non lucrative allowed to

switch which is very important to

another kind of visas for some of the

Visas before the year for other kind of

visas after the year what are some of

the key documents required when applying

for the non-lucrative

Visa well I if if you ask me we will

require we will review everyone but the

key document I think is the private

insurance because there are a lot of

common mistakes okay you need a private

insurance okay in the for the private

insurance you need to show what we we

call condition par it's called in

Spanish and it says what it it is cover

and what is not cover it's very

important for the non lucrative that you

show that you are cover for everything

with no co- payments Coos in espanol and

also with no with without carenas we say

in Spanish that is that period of time

that you are not times not waiting times

for example pregnancy pregnancy is a

very common thing that they take it out

for a year okay and that that insurance

will not be valid

so H the the the the the certificate

theales of the private insurance is a

key document of course criminal records

okay depends on what country you are you

know it has to be for for the whole

country Spain Guru have has a lot of H

US citizens is not valid the state one

and even if it's h I'm telling you this

and the law says that I know that some

states in the US sometimes they accept

it and this is the crazy thing about

immigration that one thing is the law

and something else is what the person in

the um consulate accept Okay that

sometimes it's better for you like in

this case if they accept the state H

criminal records and sometimes it's

worse like when they ask for the

mortgage okay so in a non lucrative in

California it's very common that they

ask for you with the non lucrative to

not have a mortgage okay and that is not

um is not mentioned in the law you can

get a you can have a mortgage so this

kind of things are diff are difficult

for the non lucrative to know really

what are your rights if if you have a

mortgage can you ask for a non lucrative

yes you do but then depending in the

consulate you are you have to fight a

little more so some other documents um

if you are married marriage certificate

if you bring your family with you

normally the kids um birth certificate

from your children children I'm telling

you this but every document every

document which is not Spanish has to be

with an apostal and an official

translation okay the ministry of Affair

has a list of all the people certified

to be trctor Kur okay that the are the

people certified to do these

translations okay translators for

translators exactly and the other

document that is a mind document is the

financial means okay the financial means

normally what we show because this what

the consulates like the most is a bank

certificate saying that you have at

least that amount that we said okay is

the four 4 100% of the IPR em for the

first one for the principal and around

30,000 around yes like 27,000 27 plus

exactly

and uh 100% of the iprm for the extra

family members for dependant for

dependants exactly so in addition to

this certificate which is like a letter

saying from the bank H this person has

this account and this money in the

account in addition to that they want to

see the last six months of movements

okay of bank statements right in some

consulate sometimes is three months but

the normal case is six months in

that in in those bank statements they

they are going to check if you are

working because they will check if if

you get an income or if if you didn't

have the money and suddenly you have it

because it doesn't mean that you need to

have six months that money in your

account because it's a very common

situation that uh maybe you have

invested in in wherever Financial

product okay and you take it to the

savings accounts to do the

application but they need to understand

why you have it maybe you have sold H

your apartment yesterday and today you

have the money tomorrow you can apply

but the way that they have to understand

your situation if you are working if you

are going if you are a a profile that

they think that H you will you will

continue meeting the requirements of a

non lucrative are the bank statements so

we have to really take a look of what

these bank statements

show I think uh that are the the main

documents of course a medical

certificate is required which is very

simple but those are the main

requirements and the main documents that

we will have to

submit yes there's also one one more

that comes to my mind uh but it it

depends on the consulate I think UK

consulates ask for it very often which

is the

p45 which is a letter from the employer

saying that you are no longer working

they have they've been asking for this

recently uh a little bit in order to

make a difference especially with the

Nomad Visa okay so now the UK the UK is

asking for this um but for example the

US yeah

depend on the consulate also for example

Miami they don't have the p45

form exctly they ask for a declaration

of the notary okay exactly so it depends

a lot in the country but yes what they

really make sure about it is that you

don't work

okay at least at the time of the

application you can't be working and

I've seen cases of people who are

working but promis as you said by a

notorized letter if they were

Freelancers for example they promis it

that they are granted the Visa they no

longer are going to be working um as as

Freelancers right that is that is the uh

the spirit of the uh of the Visa right

exactly and that's why they are coming

up with new visas like The Nomad because

that is the spirit but the the non

lucrative is not really clear okay so

it's is if you read the law it's very

simple and not not

very explain so it says doesn't allow to

work but what doesn't allow to work

for um for a company in Spain or you

cannot work at all or can you have a

company in your country so that's why

they are trying to be more specific in

each in each um

Visa how long does the application

process you usually take from start to

finish the loss is three months okay

normally is sooner in one month and a

half normally we have it okay this is

from the application of course Gathering

documents um of course it's a whole

different story right yes especially

with the apostal of the criminal records

in the case of the US that Theos still

takes around three weeks so it depends

in the country but from the moment you

have everything compl

complete uh 1 month and a

half or less is the normal thing can

sterna handle NLB applications at any

Spanish

consulate yes of course so this

application is only done at the

consulates okay so the first non

lucrative Visa is apply always at the

consulate and because of this we can

help you doing it in whatever country

you are in some countries then make it

or in some states of some countries they

make it easier H is

everything H more a little bit more

online uh some others are less modern

and you have to be in presence but in

any case we prepare all the packets and

we uh send it to you if that is the case

yes and in some consulates I all the

consulate in the UK and now some in the

states they decided to Outsource the the

Visa processing through a company called

BLS really changed the

process well they even know less so it's

a problem a a huge problem okay I I've

been doing H for example last week in

Miami which used to work very very very

well and it was uh disaster okay so be

patient if this is your case and if you

are

facing by your own these companies

because they really don't know and they

check a list and sometimes you have a

situation that is not exactly in the

list for

example I had a I had a client that in

Miami that

couldn't give the passport this client

need to keep the passport yeah and we

ask for this permission they they tell

us how to do it the consulate told us

how to do it doing a notary copy of the

of the passport notarized copy of the

passport we do we did everything

following the instructions of the

consulate and then because you submitted

somewhere else that is in this in in

these companies they didn't accepted so

what was my

job there I am there for that okay okay

I had to call again the consulate I make

them um make make sure that they talk to

this company and they told them that my

clients had all the right to submit the

application because the worst thing

about this these agencies is that they

don't even give you a document saying

why they don't accept you and it's your

right if they don't accept you an

application they have to give you a

document saying that they don't accept

you the the

application because whatever document is

missing and this is because normally you

have all the right to do the application

even if some documents are missing it's

true that there there are main documents

that you need to have but not all of

them and this is very important because

maybe if you don't they don't accept you

the application and you have to make

another appointment which maybe in the

in in the in the online calendar is in

another month maybe your criminal

records are going to expire or things

like this that can make things very

complicated just because he in the

middle an agency that doesn't know very

well the

procedure and on the side of the

applicant what are the main or most

common mistakes people make when

applying for a non-lucrative

Visa well the private insurance that I

already mentioned they get confused

about the private insurance a

lot um

also with the apostal and translation of

the documents they get a little mixed up

because sometimes uh for example they

apost the wrong document okay um and

also getting mix a little bit of what

they say and what they want to do

because sometimes they say and it's it's

correct H if you say that you come to

Spain and you will decide that if you

want to work or not because it's correct

you can wait for a year and then switch

your your permit um to to a permit that

allows you to work or even earlier soon

earlier than a year H for some permits

like Nomad okay but when you say that H

they they they they become crazy because

they think that you are going to start

working without the permit and that it's

not true you are being honest about H

that you are coming to Spain and then

you will decide but these kind of things

can complicate a lot uh the

application true true absolutely

sometimes people um say why don't you

say the truth right and of course you

should but Spanish bureaucracy sometimes

works in different ways and small

mistakes can become um a big Snowball

right it shouldn't be like that but if

all right next question this is about

the 6 months minimum stay requirement to

renew the non lucrative Visa recently

there was a court a Supreme Court

decision that actually um erased this

requirement how does this change

things well uh what the ruling has said

is that this has to be this

mandatory um rule to be six months in

order to renew has to be in a law and

right now is in in a reglen in something

under law in the procedure or yeah so

until this is approv the law the new law

is approve you you could even renew the

non lucrative without being six months

per year that that is your right okay

and now let's talk about the reality the

reality is that as I'm telling you

people that work in Immigration are not

the I I I mean the civil servants the

one that solve your your your

application actually sign your approval

to renew exactly normally they are not

well informed okay and because they have

the list of checking the passport and

checking if you have been six months

even if there is this ruling you could

have a problem and don't worry because

if you have this problem you could do an

appeal and of there are two appeals okay

one is to the office the immigration

office and the other one is H to the

court to the court for sure you are

going to be successful and to the

immigration office you should be

successful why

because the appeals are normally um

reviewed by the boss of the office which

normally has to be a little bit better

informed that the people that is working

below him or or her okay so you are

lucky if you haven't been six months per

year try to renew it you should be able

to renew it but maybe there is a chance

that you have to do an appeal don't

worry because you have the right you are

going to win the appeal but it's a

little bit more

uncomfortable of course and and this has

a very big impact because uh one of the

rules to become some tax resident in

Spain is to have spent 183 days Plus in

a calendar year right so six months

minimum stay makes you a tax resident in

Spain so this could really change things

but unfortunately right now as you say

we are in a transition period

um I think exactly exactly they will

approve the law but right now if you

didn't want because people don't want

don't want to come tax resident okay

what they do because it's possible is to

apply every year for an onl maybe they

stay here for five months okay so

instead of renewing because they don't

meet the six month uh period because

they want don't want to become tax

resident they apply every year at the

consulate for a new non lucrative Visa

which is not as comfortable and doing a

renewal so um this for now is a very

good opportunity for those people that H

were planning to do a new non lucrative

Visa every year they can do the renewal

the renewal is for two years and you can

not become at the same time tax resident

as you

said um but of course um now thinking

more long term if you want a uh

long-term residence permit or as people

uh call it permanent residence permit

you need to be thinking about how long

you're going to be staying in Spain for

the previous five years right so this is

something also to have in mind at the

same time isn't it exactly so one thing

is being renewing the non lucrative okay

uh that as we talk about is okay right

now but the permanent residency what we

call Lar dur okay as you not to be

outside Spain 10 months in The Last 5

Years which is see what very very tough

to to meet okay it's around two months

per year you can you can divide it

however you want in the five years huh

but um 10 months in the last five years

of course you can become you will become

a tax resident if you want to if you

want the permanent residency so there

are other strategies like they become

low okay I'm not an expert in tax um in

taxes with have experts in taxes but

maybe if your long-term goal is the the

permanent residency then you have to do

a um a tax strategy to pay the L that

you can um being being here in Spain a

lot can NLB holders work remotely once

they've been approved okay for companies

outside Spain while living there

that is a gray area in our legislation

the perfect the perfect visa for that is

The Nomad Visa they have the sign The

Nomad visa for that kind of

situation but because it's a gray area

we could defend okay ER that yes you can

work for a company outside there is a

ruling also from the Supreme Court

talking about taxes okay from a non

lucrative that would work for his

company outside was before The Nomad and

this is because the Nomad Visa um excuse

me the non-lucrative Visa is not very

clear as I told you it's very short

description of the

rights um so depends on the

interpretation of your lawyer and the

interpretation of the court I haven't

seen any problem if you are asking me I

haven't seen a person with problems

about working remotely okay but it could

be it could be something that they want

to check and could possibly be a problem

that I I think we can easily fight but I

cannot tell you that it's clear that you

can do it absolutely well me personally

over the years I've met people who are

on non lucrative Visa that were approved

under consulates and are working

remotely for companies outside of Spain

they are paying taxes in Spain they're

not paying Social Security though uh but

as you say it's a great area nothing has

happened they have been living here for

years and this is the situation then one

day uh more than one year ago the

digital Nomad Visa or teleworkers VISA

was approved and it seems to suit more

that uh figure or that um you know kind

of activity but still the no lucrative

Visa has not changed it didn't become

more specific more clear about this just

just the consulates decided individually

to be more strict and uh you know um

apply certain uh interpretations of the

rule but this is the situation correct

me if I'm wrong no you are completely

right that is exact situation

and also we have the problem that The

Nomad Visa hasn't been 100% successful

and useful okay because uh there are

agreements in Social Security especially

with the US for example that that H

doesn't cover you as an omad only as an

intra company so in the end it's only

valid for Freelancers so in the end

employee Nora teleworkers that are

employees doesn't have any other option

um that doing an un lucrative and

working from here it is correct I don't

know if it's completely correct but it's

also not 100% incorrect

what is the renewal process like for the

Spanish lucrative

Visa well the renewal is much easier

than if you meet the requirements of

course H than the app the first

application because it's done online

okay with copy of all the documents you

don't need criminal records again you

don't need um I don't know the marage

certificate again so uh the application

is done online two months before to 3

after it is recommendable to do it to

months before because the law says that

they could they could give you a fine of

doing it three months after I haven't

seen it in all my life but it says so um

and it has to be approved in three

months okay if it's not approved in

three months it is a mandatory approval

for immigration they cannot deny it this

is very important okay but it is very

important if this happens that you

submit a positive silence

um a positive silence um document which

you say I it's been already 3 months

from my application you haven't say

anything so it has to be approved okay

na knowa what are the tax implications

for Spanish NLB

holders well what you have to make sure

is your non double taxation agreement

normally

because

um even if you don't even if you don't

live in uh sorry if you don't work in

Spain even if you don't work in Spain

you you you have live 183 days so you

are a tax resident in Spain and because

you are a tax resident in Spain you have

to declare taxes in Spain something

different it is that if your agreement

the the tax agreement between your

country and Spain says like in the US

that you pay everything in the US then

you don't pay here or the other way

around maybe you have an apartment here

in Spain okay which you are renting

because you can do that and if you are

renting you are getting an income and if

you are getting an income that income if

in a Spain for example that situation

you will

pay income and you will not pay it in

the US okay but you have to really check

your atal agreement and your Tax Advisor

but what you need to understand is that

maybe you don't have to pay taxes but

you have to De declare taxes you have to

declare your situation and so that you

have pay your taxes in the other

country so as you said you know in Spain

Guru I think most of uh our viewers are

from the US and the UK and um

fortunately for both of them they're um

double taxation agreements that uh if

you Google them avoid ping double right

um I think the US the threshold for 2024

is

$126,000 that are uh let's say protected

by this agreement it means that if you

make over that then you will have to pay

uh taxes for that amount over that that

threshold um but of course as an

American you always have to file right

just be because of holding uh the the

American passport uh this is even if you

don't pay because normally Americans

will have to pay first uh Spanish taxes

and then they will credit those taxes

which are usually a bit higher than the

American ones not that higher uh and

then they will just file and credit that

um that difference let's say and not

having to pay to the US this is the way

it works long story short of course um

exactly long story short because the if

immigration is personal and depends on

on your personal situation taxes even

more so I think it's very important to

get advice in your in your personal

situation some consulates require an

address in Spain such as a rent lease at

the time of the application how should

applicants manage their housing

arrangements before arriving in

Spain I recommend all my clients and I

recommend all the viewers not to do that

it's it's not safe to rent a place with

without seeing uh the place what I do is

saying where I plan where my my client

plans to live in what city in what

area and sometimes I say the the the

normal price I go into the alista this

is a very common website in uh in to

rent yes um there are several like a

list from there a list from there of the

listing of the properties and that I

will check some of those which is not

mandatory it's just to like give them

something they want something they

shouldn't want that but at least you

give a list of Okay I I plan to live

here then you can you can change your

mind and go to another city or or not

rent there some sometimes I also

recommend if if you have a friend a

family someone that can write a letter

and tell them that H they allow you to

stay H at their apartment H until you

find something I also do that okay for

example in in cons like Chicago and

Houston are famous because of this uh

requirement that you know it's a little

bit like too much right so what would

happen if they something that doesn't

make sense imagine that you l a a place

for a year and they don't approve the

the the application your Visa so it's

something that doesn't appear in the law

it doesn't make sense and uh it's it's

not safe at all I always fight this and

and and they they always allow it in the

end to to do the

application ER without doing the the

rent agreement and I really I fight for

a lot of things because for that they

they they harm me but I think that this

is just is very important for you not to

do it and they are in good hands if they

go with you now can no lucrative Visa

holders eventually apply for permanent

residency and even Spanish citizenship

of course of course this is a very good

residency because as I told you in the

beginning it counts for permanent

residency it counts for passport really

every residency residency counts for

this what it doesn't count is the

student permit okay if you are a normal

student or if you are an auxiliar

conversation that you have a student

permit doesn't count for permanent

residency it counts as a student 50% for

the European Union okay but never for

Spanish citizenship okay so that's why

I'm telling you maybe your situation is

that you come to study but maybe if you

want the Spanish passport maybe it's

better to come directly with the

non-resident with a non-lucrative with

ative Visa one of the Hidden benefits of

coming uh to study under the NLB instead

of choosing a permisso Estancia which is

not a residency uh or a student visa

right um many of the viewers uh have

dual citizenship or can have it uh from

even American countries such as Mexico

Puerto Rico Guatemala uh and Philippines

as well um and they asked me like can I

apply uh for example they live in the

states and they are American but they

also hold the Mexican passport can I

apply for the non-lucrative Visa with

the American passport and then use the

fast track the 2-year um application by

residency period for Spanish citizenship

with the Mexican

passport yes they can this is a very

common question and it's a very good

question because I think it's the only

situation that the law says one thing

which is that you can't I will explain

now but that they are allowing to do it

okay so if you read the law for the

Spanish

nationality it says that you need to

have the

residency as the nationality with the

passport that you want to show to get

advantage of the two years for the

Spanish passport means that if you are

American and Mexican you need to have

the residency as Mexican if you want to

apply for the passport after 2 years

this is what the law says but there was

a uh meeting online meeting that was

recorded by the person that uh

coordinates the ministry of Justice

because it's Ministry of justice is um

is the agency that approved here in

Spain the Spanish nationality and they

they said and they are doing it because

I have a lot of cases that even if you

have the ER residency with the other

nationality that doesn't give you the

fast track like the US citizen they will

um give you the chance to do the

application of the

nationality um having into account that

you have the other passport that give

you the fast track so you can do it in

two years this is very important and

because there are some consulates that

if you have that dual citizenship they

give you the

residency with the the passport of the

country that you are applying for so

someone that is in the US even if it's

Mexican if it's applying for the for the

Visa they give it to that person as a US

citizen some some and look California

which is very difficult for everything

California I've been successful asking

for The Residency with the other

passport with the Mexican passport okay

but even if you are not successful or

even if your consulate doesn't allow you

to do

it they are approving these

nationalities after two years even if

you had the residency with the us or any

other passport that doesn't have the

fast track so good for you what are some

of the common legal hardles that we

haven't mentioned so far or challenges

applicants might

face really the main the main difficulty

are the the the consulates okay and and

or the agencies as we mentioned that

that they use to accept the documents

because if you if you read the list of

the documents that you you you need

um taking out these kind of things of

the mortgage or renting a place which is

a little bit more complicated all the

others are are very simple but is the

Visa which they give more problem it is

much easier H to do AA to do an intra

company to do a highly qualified than

doing a non lucrative which should be

simple but consulates are not very

welcoming depending on the consulate on

the person and also in your

profile a retired person normally is

more welcome you know because they have

less outs but it's it's really is not an

easy application and it should be I know

that should be an easy application but

can get really complicated

actually on Spain Guru I have an article

about 11 differences between the

consulates uh yeah good yes and I have a

video about it I will share the link

here it is funny to see uh the

differences in the consulates but of

course you can't choose your consulate

you have to be a legal resident of the

jurisdiction of your consulate for

instance if you live in um I don't know

Florida you have to go to Miami you

can't apply for the non-lucrative Visa

in LA andless you another important

question can one transition from a

non-lucrative visa to a digital Nomad

visa and why is this key because

supposedly under a non-lucrative Visa

you can't work and for the digital Nomad

Visa you need to prove that you have

been working for a certain time for a

company that has existed for a certain

time right so it feels is not very it's

a bit contradictory yeah these are the

nonsense uh things about immigration is

that it's true that the Nomad Visa ask

you to have been working at least the

previous three months okay

um and you can apply with a non

lucrative and you can also apply with a

student permit to situations

that are in the gray area because you

shouldn't been working but they know

that it's a great area and immigration

has clarified in gain so it's not

something

thing that is not um is in the air so

releasing read that you you you being a

student or being a non lucrative you can

switch to Nomad Visa which is very good

and the other way around okay H we have

said that the non lucrative the first

non lucrative has H has to be applied by

in the consulate but if you've been one

year with another kind of Visa okay

you can apply for non lucrative from

Spain so if you've been a nomad for a

year you can switch from Nomad to non

lucrative H after the Year this is very

common with the highly qualified workers

because the highly qualified workers are

attached to the company when they lose

that job they normally don't have a

solution so fast so what they do is

switch into a non lucrative because

normally they have €30,000 in savings

switching to a non lucrative after the

year if they lose the job or they are

not happy with the job after the year

and then when they find another job they

switch again to to Hy or to quena that

this is for another video but sometimes

it's better qu High qualified worker

kind of support services that sterna

provides post Visa

approval well you know that uh this is

something that freaks out people that

that are not very well informed when

they give you a Visa it's only a Visa of

three months the non lucrative Visa the

Visa that they stamp you H at the in the

passport is only of three months this is

because there are some things to do in

Spain which are covered by us which are

empo Theon is the enrollment like in an

address okay because you leave a place

or because someone allows you to leave

in their place doesn't make a difference

or you can you can switch andon as many

times as you need because sometimes you

don't have the main address in the

beginning but in order to do

fingerprints in order to do fingerprints

to have the card of one year you need to

be in padon okay so first we need to

register your address even if we then we

switch it again and then we make an

appointment for you that this that also

is a simple process becomes very

complicated because there are no

appointments and you go to the

appointment h of immigration with your

empo and the passport and aasa that we

pay for you or you give it or or we give

the documents for you and you go to the

bank depends on on the

clients and then and then you get the

you get after the fingerprints you will

get the

T not immediately after normally 3 weeks

depends depends in the city okay and

this has to be H in person I cannot do

it for you you need to pick the the the

ti okay because a lot of clients want me

to to go and pick it for them I I will

love to do that but it's mandatory for

you to go right this is the police and

the police want to see you the person

exactly make sure that you are the one

holding that Visa so the Visa grants you

a window of 90 days to come to Spain and

once you arrive you have 30 days to uh

provide in paronan to get the

fingerprints and they are not so tough

with those 30 days because there are no

appointments because there are no

appointments so exactly so don't worry

um of course try to do it if you don't

have six months left okay they are not

going to issue the TA if if when you go

to fingerprints there are not 6 months

left they are not going to issue a

plastic be because they say that there

is a um very little time of validity but

that doesn't mean that you become

irregular okay they are flexible but

don't be relaxed they are flexible when

they know there are no appointments if

they know that they are appointments

they are not going to be flexible okay

and handles cases where a un lucrative

Visa a is initially

rejected with we decide if if we do an

appeal or a new application okay you can

always do a new application and you can

always do an appeal uh if you are in

time you know that is one month from

notification to the appeal to the

consulate and two months to go to the

court the problem about doing the

appeals okay or the or the new

applications is if you have shown

something that they really don't like

like that you you work because of this

gray area that you work even if it's in

your country and in that consulate they

have the criteria that you cannot work

it's going to be difficult and it's

going

to we will have to really prove them

that you have understand that you cannot

do it and that you will not do it then

with a declaration at the notary things

so when there is a denial sometimes it's

very simple it's a it's a mistake from

the consulate it's very simple to do it

again or to do the appeal H normally is

is um quicker if you do a new appeal but

you need to pay the fees again H

sometimes if it's something that we

really have to fight then we have to do

the appeal because we have to really

give reasons not to deny it and we have

to go to the court but the problem is if

you have shown something that is not

very good to show to some

consulates and obviously if you were

handling this uh dossier if you were

handling this application you will

already know um what looks good and what

doesn't uh in order to avoid potential

problems down the way right for me it's

much easier H to do it from the

beginning that doing the appeal and

normally the appeal is more expensive

for me than than the um than the first

application

because um fixing something is a little

bit more difficult sometimes H depending

depends in the case than doing it h in

the way that we know that consulates

like it uh from the

beginning well thank you very much I

knowa for sharing this knowledge with us

I'm sure it help help clarify many of

the questions I had and the viewers had

and of course if you want to contact

inoa at sterna abogados you know you can

find the link in the video description

and in the pin comments uh she will be

ready to help you out fulfill your

dreams about moving to Spain under a

non-lucrative Visa or any other Visa

that uh suits you best thank you so much

I knowa thank you very much we keep in

touch and we will check the questions

that they have

fantastic thank