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.