Quote:
Originally Posted by Lafineart
Hi, As this forum is a fountain of knowledge, perhaps someone could comment on gaining residency through a non-Lucrative visa? Also, a legal contact who could steer me through the process. Thanks
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When Russ and I were deciding the best route to go down with regards our move we looked in to the Non lucrative visa. I joined a Facebook group and got quite comprehensive information from it. The group is private so I can't put a link so I'm going to copy below a post from on there which is quite informative.....
Hope it helps
Toni 😁
✅ NON LUCRATIVE VISA ROUTE TO RESIDENCY
Due to strict immigration rules, visitors who are non-EU citizens are only entitled to
stay in Spain for a maximum of 90 days without requesting formal permission to stay. In order to stay longer than the 90 days, and if they *do not plan to work whilst there, a non-EU citizen can choose to apply for a non-lucrative visa. The Non-Lucrative Visa makes it possible to move to Spain but doesn't permit undertaking any type of paid work or professional activity. The Investment (or "Golden") Visa involves purchasing a property in Spain to the value of over €500,000 or making other significant financial investments into the Spanish economy. It has far less restrictions on time spent in Spain and has flexibility on working etc
*Note that the Spanish Embassy in London have stated that remote working ISN'T allowed under a NLV.
UK citizens *moving to Spain from 1st January 2021 onwards will be treated the same as any other third country national – i.e. in the same way as citizens moving from Canada, USA etc. As there have been no discussions regarding an alternative Visa system being created specifically for UK Citizens, and no reason to consider that they would as this visa system is well established, then at this point UK Citizens are treated exactly like everyone else in their position. See the attached photograph for the Spanish Embassy London's official document on this but main points below for clarity.
*note – if you are already living in Spain prior 1st Jan even without your official residency completed you will still be covered by the Withdrawal Agreement – it’s physically living here (legally) that counts - but you must apply as soon as possible.
Factsheet on Non-Lucrative Residence Visas
Regulations
The procedures and conditions for issuing these visas are set out in Organic Law 4/2000 of January 11th (Articles 30 bis and 31) and in its implementing regulation, approved by Royal Decree 557/2011 of April 20th (Articles 45 to 49).
Foreigners subject to the requirement of the Non-Lucrative Visa
All foreign nationals who wish to stay in Spain for more than ninety days per six month period [“semester” in original document], without undertaking any type of work or professional activity must be in possession of this type of visa, unless they are citizens of the European Union, Iceland, Liechtenstein, Norway or Switzerland.
Place of application
The visa is requested at a Spanish Embassy in UK.
Requirements
The visa must be requested and collected in person. The application may also be submitted by a duly authorized representative under duly accredited exceptional circumstances. If the applicant travels with the family, each member of the family must present an independent visa application, and so will require an appointment each, the documents to be enclosed and a document proving the relationship (marriage, civil partnership certificate or birth certificate, as the case may be, duly legalized and translated).
Visa application
The visa application must be submitted on a duly completed application for national visa form (original and copy), which can be downloaded free of charge from the exteriores.gob.es web page (see below - point 1).
Documents to be enclosed with the application
Applicants shall enclose the original and a copy of the following documents with the application:
1. National visa form downloaded free from
http://www.exteriores.gob.es/consula...ional%20ES.pdf
2. A recent full-face photograph, passport size, in colour, on a white, plain and uniform background, without dark glasses or any garment that may prevent identification of the applicant.
3. A valid passport with a minimum validity of one year.
4. If the applicant is not a citizen in their current country of residence, he/she must provide documentation proving his/her residence status (permanent residence permit, working permit, study permit, etc.)
5. Negative criminal record issued in the last three months by the authorities of the country or countries where you have resided in the past 5 years. Criminal records issued in others countries must be legalized with the Apostille (see Countries members of the Hague Convention) or by the Ministry of Foreign Affairs of those countries and by the Embassy or Consulate of Spain in those countries (se Embassies and Consulates of Spain abroad) [For the UK this is an "ACRO"]
6. Medical insurance subscribed with a company legally entitled to operate in Spain [which provides equivalent care to that provided via Spanish Social Security and (confirmed by the Embassy in Manchester) must include repatriation.] [Note that UK pensioners will at some point be able to use an S1 for healthcare, although the system is not in place yet for issuing these to Visa applicants.]
7. Medical certificate issued in the last three months by your family doctor with the following text: “This medical certificate confirms that Mr. / Mrs. [……..] does not suffer from any of the diseases that can have serious implications for public health in accordance with the provisions of the 2005 International Health Regulations” This certificate must be issued in a letter format and must include the official stamp of the medical centre or the doctor and must be accompanied by a sworn translation into Spanish
8. Evidence of economic means sufficient to support your stay and, depending on the case, to support your family, during the stay length you are applying for, without working.
- For your support: ~€2,260 per month. (~€27,100 per annum)
- For the support of each member of your family: €565 per month.
[note that these can change annually as its based on the IPREM value - increase for 2021 was 5% (2021 figures shown above]
The funds can be in Euros or the equivalent value in foreign currency. The availability of sufficient financial means will be evidenced by the submission of original and stamped documents that verify the perception of a periodic and sufficient income or the holding of an estate that guarantees the perception of that income. If the money is from shares or investments in Spain applicants need to certify that they do not work for that company and have to submit an affidavit to that effect.
9. A completed and signed fee payment form for an initial temporary residence authorization (form 790, code 052). (paid on day that application is accepted)
10. A completed and signed application for a residence authorization form (form EX_01) 1. “Autorizacion de Residencia Temporal No Lucrativa”
11. Pay the visa fee (paid on day that visa is accepted) currently £516
Delay
The delay for a residence visa is three months.
[It can take 3 months to process]
Collection of the visa
The foreign national must collect his or her visa within one month of being notified that it has been granted.
Visa issue
The visa issued will have a validity of three months and fifteen days, with multiple entries and 90 days of stay in Spain.
[i.e. you can come and go from your home country to Spain over that period with a maximum of 90 days spent in Spain]
Entry into Spain
The foreigner must enter into Spain during the period of validity of the visa.
Foreign National Identity Card (Tarjeta de Identidad de Extranjero)
The holder of a residence visa must obtain a foreign national identity card within one month of his or her entry into Spain.
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