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Non-lucrative Residence Visa Spain

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  3. SOLICITORS IN MALAGA
  5. Non-lucrative Residence Visa Spain

With the departure of the United Kingdom from the European Union on 01 January 2021, British citizens are now considered citizens of a third country. This means that when it comes to processes such as obtaining legal residence in Spain, the Legal Regime for Foreigners will apply to them. There are numerous visas available for these citizens, however, those seeking to move to Spain and obtain residency there must opt for the Golden Visa or the Non-Lucrative Residence Visa (or Non-Lucrative Residence Permit).

These residency permits will be valid until a new mobility scheme is negotiated within a future relationship agreement between the UK and the EU.

For British expatriates who were already residing in Spain before 31 December 2020 but do not have a Union Citizen Registration Certificate or TIE Card, you may continue to reside in Spain as long as you provide evidence of your residency from before this date. In accordance with the requirements set out in the Withdrawal Agreement, we recommend that you apply for a TIE card. For more information regarding the TIE Card procedure, read our article on Spanish Residency.

What is the Non-Lucrative Residence Visa?

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The Non-Lucrative Residence Visa is a visa that can be requested by non-EU citizens (nationals of third countries) who wish to reside in Spain without carrying out any work or professional activity.

This type of visa does not apply to any EU citizens or any British expatriates who have the TIE Card, as they already have the right to free movement and residence within Spain under the Withdrawal Agreement.

As the Non-Lucrative Residence Visa is an initial residence permit, the holder can only stay up to one year from their date of entry into Spain.

Once this period has ended, you have the option to renew your permit, with each renewal lasting two years. Renewals must be requested within 60 days before the current permit’s expiry date, or 90 days after its expiry date. The third renewal of this permit will grant the holder permanent or long-term residency (after 5 years).

Benefits of the Non-Lucrative Residence Visa

Work remotely from Spain

This permit does not allow you to carry out any work activity in Spain; however, you can work remotely for any company or clients abroad.

Family Application or Joint Visa

Joint Visa includes your spouse, ancestors, or descendants.

If you wish to, you can invest in Spain

It is not compulsory to invest in Spain to obtain the Non-Lucrative Residence Permit. However, if you are thinking to buy a property in Spain, we can advise you regarding the property conveyancing process.

Free movement in the Schengen Area

This visa will allow the holder to travel with complete freedom to the countries within the Schengen Area.

If you are thinking of purchasing a property in Spain, our team of legal experts can provide advice and full support regarding the procedure and cost of the conveyancing process in Spain. If you are interested in investing and using a property in Spain for rental purposes, you can find more information on our guide about Renting out a property in Spain.

Who may benefit from the Non-Lucrative Residence Visa?

Non-lucrative Residence Visa Spain

Beneficiaries of this visa are the nationals of third countries. From 01 January 2021, British citizens who wish to enter Spain can also benefit from the Non-Lucrative Residence Visa, on the conditions that they reside for periods longer than 6 months and do not carry out any work or professional activity in Spain.

Therefore, this type of visa is designed for:

  • UK citizens who are retiring and want to live in Spain.
  • Foreign citizens who have sufficient economic means (regardless of whether assets are inside or outside of Spain) to be able to live in Spain without having to work.

Requirements to obtain the Non-Lucrative Residence Visa

  • Do not find yourself in an unusual situation within Spanish territory
  • Have a UK residence permit
  • Passport with a minimum validity of one year before its expiry
  • No criminal record in both the UK and Spain
  • Have sufficient economic means
  • For the joint visa, spouses, ancestors, or descendants can be included. Children can only be applied for when under the age of 21, a student, or dependent on their parents.

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How Tejada Solicitors may help you with this procedure

The process to get the Non-lucrative residence Visa in Spain is quite easy, since it is managed before a Public Body exclusively dedicated to it, for which the process is usually resolved in a short period of time.

  1. We will help and support you during every step of the legal process, from filling out the application form to obtaining the Non-Lucrative Residence Visa.
  2. We will advise you on all tax implications as a tax resident of Spain, calculating a draft of all the approximate taxes you can expect to pay so that you feel prepared.
  3. We will take care of all paperwork and translations of official documents and outsource the best English-speaking professionals specializing in the private insurance required for this visa.
  4. We will also support you in any other legal procedures, such as the property conveyancing process in Spain.
Golden Visa Spain Maria Soledad

Maria Soledad Sala – Immigration Specialist Lawyer

Procedure and deadlines to obtain the Non-Lucrative Residence Visa in Spain

Apply at the Spanish Consulate in the UK

Your application for the Non-Lucrative Residence Visa in Spain must be presented at the General Consulate of Spain in the United Kingdom. Depending on where you live in the UK, you will be assigned to a consulate district. You can check your consulate district here.

The application must be made personally by the individual who wants to obtain the visa, in their country of residence. In the case of minors, this application can be submitted by their parent, guardian, or duly accredited representative. The latter will only be approved in exceptional and justified circumstances.

Non-lucrative Residence Visa Spain

Documentation required to submit an application to the consulate

  • National Visa form and EX01 form must be filled out.
  • Valid passport or travel document recognised as valid in Spain.
  • Certificate proving no criminal record duly legalised or apostilled, valid for 3 months.
  • Payment for the processing of the visa.
  • Possession of public or private health insurance arranged with an insurance company authorised to operate in Spain. You must have total coverage; no shortages or co-payments.
  • Medical certificate issued no later than 3 months before the submission of your visa application. Must comply with the International Health Regulations of 2005.
  • Accreditation of sufficient economic means to cover the expenses of your stay for one year.
  •  Throughout 2021, for monthly support, you must prove that you have €27,115.20 in your account, or that you receive a minimum monthly income of €2,259.60. For each dependent, you must provide a further 6,778,80 euros per year or €564.90 per month.
  • The official documents required to prove your sufficient economic means include payslips, state pension, government pension, pension scheme, or possession of any assets that guarantee your income.
  • Completion of Form 720-052 with fee payment, for initial authorisation of temporary residence.
  • An interview will be held at the consulate office, which is essential for a positive decision on the visa.

All official documents must be legalised through your consulate representative, or with the Hague Apostille.

Waiting for a response from the consulate (1 month period)

Once the application has been presented to the consulate, the consulate must decide whether to approve your application for the Non-Lucrative Residence Visa within 1 month. If you do not receive a response within this time period, it means that the consulate’s decision was negative and that your application was rejected.

In the event of a positive response from the consulate, the applicant must personally collect their permit within one month from the date of their notified approval. The NIE will be handed over together with the visa.

After arriving in Spain

Holders of the visa must enter Spain within 3 months from the date that the visa was granted.

After obtaining the visa and entering Spain, holders have one month from their date of entry into Spain to visit the Foreigners’ Office to process their Foreigners’ Identity Card (TIE) and complete the registration process at the town hall corresponding to the municipality where they will be living in Spain.

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Tax implications in Spain as a result of obtaining the Non-Lucrative Residence Visa

For holders of this visa to be eligible for renewal, they must stay in Spain for a minimum of 183 days per year, thus making them a tax resident. As tax residents, they will be taxed on their worldwide income, and the double taxation agreement between the UK and Spain will apply.

Below are some of the tax implications holders of the Non-Lucrative Residence Visa will be affected by:

Personal Income Tax – Model 100
Your worldwide income will be taxed using Model 100 of the Personal Income Tax (IRPF). Any income abroad (such as pensions, rental income, stocks, dividends, etc.) will be subject to taxation. In order to avoid double taxation in Spain and abroad, the double taxation agreement between Spain and the country where your income originates will be applied to you.

Wealth Tax – Form 714
Any global assets and economic rights must be declared through Form 714 for Wealth Tax. The law on Wealth Tax regulates the required cases when the taxpayer should declare:

  • When, after calculating your tax amount, an amount is paid.
  • When, the value of your assets and rights (without deducting any debts or charges), exceeds two million euros.

Assets Declaration – Form 720
Any all-natural and legal individuals residing in Spain must complete Form 720 to declare any overseas assets and rights that exceed €50,000.

If you do not declare the above in time, the Spanish Tax Agency will use any data from official documents (Non-Lucrative Residence Visa, Social Security Card etc.) and exchanges (electric and gas bills, credit card usage etc.) to demonstrate your tax residence within Spain. If this situation does occur, you will incur your taxes and any further penalties.

Non-lucrative residence Visa: Frequently Asked Questions

If you want to apply for this Visa you need to go to the closest Spanish Consulate in the UK. You can check your consulate district here.

This procedure must be in person, just in the case of minors, this application can be submitted by their parent, guardian, or duly accredited representative. The latter will only be approved in exceptional and justified circumstances.

The Tejada Solicitors team can provide full support before and throughout the procedure of obtaining the Non-Lucrative Residence Visa, as well as any tax implications that will apply to you.

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Non-lucrative Residence Visa Spain
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Non-lucrative Residence Visa Spain
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