Gecko Towers
Update 09.04.24: An announcement has been made by the leader of the Socialist Government in Spain, that his government plans to amend or repeal the “Golden Visa” legislation. Currently no timetable for these changes has been suggested and there is opposition to any revision. That said, this discourse, that started in May 2023, may result in some material changes. We will endeavour to keep you up to date with these as we are made aware of them and their precise impact.
There was a time, for British visitors to Spain, when the word “Visa” was merely the name of the credit card that they would use to book their flight, pay for dinners and their Duty Free.
With the expiry, on 31st December 2020, of the period for the UK’s withdrawal of its membership from the European Union, the landscape has substantially changed. British tourist and property owning visitors now face fresh challenges to ensure that they enter Spain legitimately and watch the clock to avoid staying more than 90 days in any 180 day period.
Brits wanting to stay longer than 90 days including those wanting to work may do so but they and their family members will require a Visa. Those seeking to stay for longer than six months will need to apply for a TIE card that brings them full tax residency in Spain and an annual obligation to complete tax returns on their total asset-base worldwide.
It bears a little scrutiny to consider this 90 day in 180 day rolling arrangement. It is understood that the 90 day limit means 90 days spent in any Schengen area country, so traveling from country to county doesn’t restart your limited 90 day period in Spain. Equally, it is understood that frequent visitors who spend perhaps a week a month at their Spanish property will benefit from a cumulative arrangement meaning they will be able to aggregate the 90 day period over a full 180 day period, provided they don’t exceed the overall limit. This would also seem to suggest, at best – and the research for this level of granular detail is not assisted by any clear statements from either the UK or Spanish governments – as there are two 180 day periods in a calendar year that, for example, a property owning Brit could remain in Spain for a total of 180 day (2 x 90 days) in any 360 day period. This implies a necessity to leave Spain at the end of each 90 day period.
A failure to ensure that these rules are followed my result in future problems when entering and leaving Spain and while there may have been a less strict attitude previously we cannot assume that the Spanish authorities will be lax when it comes to enforcing these arrangements.
For those who find keeping a track on their precise number of days of residence a chore or simply don’t want to bothered by the administration there are alternatives.
Firstly, there is a Multiple Entry Visa for the Schengen Area that seems a little complicated and requires proof of previous visas. It seems these are obtainable for one, three or five years of multiple entry and exit subject always to the maximum of 90 days in any one 180 day period.
In addition, the Spanish authorities offer their version of a Golden Visa to purchasers of a property that meets certain price thresholds where the purchaser introduces not less than €500,000 of their own funds into the purchase. Please see previous blog posts Spain’s Golden Visa and Golden Visas – A Retrospective
One alternative to the Golden Visa is the catchily titled “Non-Lucrative Visa” (NLV) . This visa, which is applied for via your local Spanish Consulate allows the holder to reside in Spain without limit but they are not permitted to work. For this reason, the NLV has been seen as a future favourite for the retiree community that have savings or enjoy reasonable pension income and seek the quality of life in Spain free from residency limits.
It seems usual that the NLV is a precursor to applying for a full TIE that will ensure your long term right to enjoy life in Spain and to come and go as you please.
To successfully apply for an NLV, which can take around three months to process, aside form the usual documents including your passport and completed application and visa form, you will need a translated and apostilled Medical Certificate, confirming that you are free of a serious health condition, medical insurance from an Spain-accredited healthcare provider and other supporting materials including a proof of monthly income per applicant of around €2000.00.
Should you be interested in discussing the processes involved in buying a property in the Marbella region, we would be delighted to assist you. Our team of bi-lingual, highly experienced and wholly independent team of Abogados are ready to help you.
Please call me, Mark FR Wilkins, during usual business hours on +34 600 343 917 or, if you prefer, or e-mail me at mark@roslegal.es
Please note that our posts are for general interest. They is no substitute for proper legal advice tailored to your specific circumstances as provided by a qualified Abogado who is experienced in the application of the Spanish Law.
© Mark FR Wilkins 2021. All rights reserved.