Ainhoa Manero Reveals Spain Non Lucrative Visa Secrets
Summary
TLDRThe 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
😀 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.
📚 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.
💡 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.
🛂 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.
🏡 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.
🤝 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.
📝 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.
🚫 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.
Mindmap
Keywords
💡Non-Lucrative Visa
💡Residency
💡Financial Requirements
💡Digital Nomad Visa
💡IPREM
💡Tax Implications
💡Dual Citizenship
💡Consulates
💡Permanent Residency
💡Appeals Process
💡Tax Residency
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
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