Non lucrative visa

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22 Feb 2022 2:48 PM by Sarran Star rating. 1 posts Send private message

Can anyone recommend a Scottish company to handle non lucrative visa application process. Thanks





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23 Feb 2022 9:35 AM by windtalker Star rating. 1902 posts Send private message

You have got to apply at the nearest Spanish Embassy to you in person...you will need proof of income of Approximately €25,000 for a single person or €30,000 for a married couple and a private health insurance policy to cover you for your stay in Spain...the Visa root people are taking is the NVL Visa that last one year.

 

 


This message was last edited by windtalker on 2/24/2022.



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06 Mar 2022 10:53 PM by mariedav Star rating in Ciudad Quesada. 1186 posts Send private message

I'm sure that answer really helped the OP. He's looking for a solicitor in Scotland so assume Edinburgh will be the one to apply to.

There is lots of info on how to apply so not sure you actually need a solicitor to do it for you. Yes, you will need a good income to get an NLV (not an NVL) Non Lucrative Visa which is, initially, for a year but is renewable in 2 year increments up to 5 years. After that it is permanent so doesn't need renewing.

The Spanish gov website, published in UK, gives you good information of how to do it and what forms you need. 

Best of luck. We have a couple just moved in near us who did it through Manchester and said it was quite straight forward though expensive. They moved in about 3 months ago, got their residence permit after a couple of weeks and now have to show the same requirements after a year, then 2 years later and then 2 years after that. But that's just residency, they don't have to go through the visa rigmarole again.#

Looking at how to actually do it, this is good post on another site by someone who seems to know a bit about it.

Applying for NLV

Happy red tape day.

 





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07 Mar 2022 4:17 PM by acer Star rating. 1500 posts Send private message

Thanks for your post Mariedav.  But having followed the link the chap states:

<<
...Turn up for the appointment with your passport/ID card and you will be issued a green paper card (which you must not laminate) there and then.
This does not mean you are a fiscal resident. Once you have completed more than 6 months in any one calendar you
will be classed as one and will be liable for taxes in Spain. See a solicitor or gestor to register to pay taxes.

>>
Perhaps I'm misunderstanding something, but isn't this just the same/similar as obtaining a residencia?

I don't want to get into the Spanish tax system - nothing to hide, more of the "devil you know" and HMRC rules are clear, which isn't true of the Hacienda with their almost mandatory €50,000 fines! 

I thought that the gist of the "non lucrative visa" arrangement was that the "non res" status was maintained, just the 90 days in any 180 period limitation was relaxed, by an agreed amount?

I take a lot of time and trouble to ensure I'm within the current time restrictions - I would love there to be a viable alternative.
 

 



 

 



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



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07 Mar 2022 5:06 PM by mariedav Star rating in Ciudad Quesada. 1186 posts Send private message

The NLV, as he explains later, is not a way of getting around the more than 90 in 180 days. In fact, once you've got the visa, you have to go to Spain within 3 months to apply for residency within 1 month. You can't leave Spain for more than 6 months in the first year or 1 year in any five. If you don't attend Spain and apply for residency then the visa is cancelled.

As others have said it will cost around £1,000 to get that NLV once you've factored in the visa cost, the translated copies of things like the medical certificate, the police check and so on. Plus you need medical insurance for a minimum of 1 year.  

As I read it, the NLV is for people who want to go and live in Spain without working, normally retirees. 

Looking at the NLV guide on the visaguide website comes up with:

How long can I stay in Spain with a non lucrative visa?

A Spanish Non-Lucrative Visa is valid for three months and 15 days. Within this period, you will need to apply for your Non-Lucrative Residence Permit in Spain. 

So, no, it is not a way of getting round the 90 in 180 days rule.

 


This message was last edited by mariedav on 3/7/2022.



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08 Mar 2022 7:45 PM by mariadecastro Star rating in Algeciras (Cadiz). 9388 posts Send private message

mariadecastro´s avatar

You can obtain a non lucrative visa and stay in Spain just for 6 months ( less than 183 days) so you will avoid becoming tax resident.

The 6 months requirement is for the sake of automatic renewal on the next year: a requisite for the renewal of this once first year has passed is that you have not been out of Spain for more than 6 months in a year.

https://costaluzlawyers.es/blog/non-lucrative-visa-for-spanish-residency/



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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08 Mar 2022 8:42 PM by mariedav Star rating in Ciudad Quesada. 1186 posts Send private message

That doesn't make sense, Maria. The Spanish consulate site in UK (the London one) says the NLV is only valid for 3 months and 15 days and you must use that time to apply for residency in Spain. 

Are you saying you can stay for 6 months, then leave, and then come back again the next year with the same visa? To keep the visa, you'd have to make sure you did exactly 182.5 days in Spain and then leave for exactly 182.5 days (in a non leap year) which would be exactly 6 months. Leave half a day earlier and you've been out of Spain for more than 6 months so the permit isn't automatically renewed. Leave half a day later and you become a Spanish tax resident. 

If it is not automatically renewed (because you've been out of Spain for more than 6 months) you would have to apply again and, at a thousand quid a pop, would hardly make sense. Especially as, in a leap year, 183 days is 6 months. 

Or are you saying you could come to Spain for, say, 4 months (even though the visa is only valid 3 months and 15 days) but wouldn't automatically get it extended the next year because you've been out for more than 6 months?
None of that makes any sense at all. Especially as the site says if you haven't applied for residency in the alloted time (1 month after arriving in Spain) future applications will not be looked on favourably. 

But, hey, you're the lawyer. 

 





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08 Mar 2022 9:10 PM by acer Star rating. 1500 posts Send private message

I have no firm knowledge on the subject, but I had heard that the NLV was the option to avoid being caught up in the Spanish tax system.  But said to be pricey.

I can happily visit non-Schengen places like Croatia et al, Morocco, Dubai...and lots more, whilst the Spanish goverment hopefully review their rules (the purpose of which remains obscure to me!).



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



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08 Mar 2022 11:00 PM by mariedav Star rating in Ciudad Quesada. 1186 posts Send private message

Well, it's not just Spain, its' the rules in the EU.

Are you sure about Dubai? Last time we went we were given a free visa to stay for up to 30 days. If we wanted longer we had to apply, and pay, through the travel agency and were told the maximum length of stay was 3 months.

Same with Croatia. Now it's part of the EU then the 90 day in 180 days applies. You also have to apply for a visa there but, as I understand it,  this will not count towards your Schengen 90 days. (we haven't been since it became part of the EU).

Morocco now requires a residence card if you want to stay for more than 90 days. 

All well and good trying to lay the blame on Spain but I think a bit of homework is needed before anything. 





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09 Mar 2022 5:20 PM by mariadecastro Star rating in Algeciras (Cadiz). 9388 posts Send private message

mariadecastro´s avatar

In the case of granting the residence visa, the foreigner has one month from the notification to collect it personally. If he/she does not do so, it will be understood that he/she has renounced the visa granted, and the procedure will be archived.

Once the visa has been collected, the applicant must enter Spain within the period of validity of the visa, which in no case will exceed three months.

The initial authorization of temporary residence will have the duration of one year and the validity will begin on the date of entry into Spain.

Within one month of entry into Spain, the foreigner must apply in person for the foreigner's identity card at the Immigration Office or Police Station in the province where the authorization has been processed.

Yes, you need to be in Spain for at least six months if you want to renew it same visa again. In any case, you can apply again the next year.

Nevertheless, it is clear a Property Ownership Visa needs to be granted.

We were recently covered by Express with our Petition for this. Please sign!

https://www.express.co.uk/travel/articles/1575635/british-expats-spain-90-day-rule-petition-campaign-exclusive

https://www.change.org/p/costaluz-lawyers-a-homeowners-visa-for-spain?recruiter=1233001585&recruited_by_id=de893b00-40b0-11ec-8674-5fd9628e05bd&utm_source=share_petition&utm_medium=copylink&utm_campaign=petition_dashboard

https://costaluzlawyers.es/blog/why-you-should-sign-the-spanish-property-owners-visa-petition/



_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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09 Mar 2022 6:27 PM by acer Star rating. 1500 posts Send private message

Hello MarieDav,

I don't think I explained myself too well.  The places I mentioned were just those we'll be visiting in the next few years, partially to keep us within the 90/180 limitation and also as some of them are good "winter sun" places.

I lived in Dubai for quite a few years a while back.  At that time visas were very easily done.  I ended up with a residents visa.  I forget if there was any costs involved, but if there were it was a notional amount.  But a few weeks there March to May breaks up the UK winter.

We're off to Dubrovnik soon.  As you say Croatia is now part of the EU but they remain outside the Schengen area.  Long may they remain so!

Morocco is of course similarly straightforward to enter for short periods.  I'm surprised it's not used more by non-residents to keep on the right side of the 90/180 rule.  There are a growing number of flights, including now from Murcia.

You say "laying the blame on Spain" which I do not understand.  I'm just questioning why on earth the Spanish authorities wish to deprive themselves of income and undermine their housing market in the same process? 

I realise that Schengen has been around for a while and the Spanish are just following the rules...but why?  The Spanish tend to ignore rules that they don't like!  Currently I think the expression is "shooting themselves en el pie".

 

 

 



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



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10 Mar 2022 5:11 PM by Roberto Star rating in Torremolinos. 4556 posts Send private message

Roberto´s avatar

Perhaps because the Spanish govt. doesn't see as a high priority, fixing a problem caused by the British, that only affects British citizens (who maybe over-estimate their importance to the Spanish economy)?



_______________________

 

"Get your facts first, then you can distort them as you please"

Mark Twain

 

 

 




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10 Mar 2022 6:25 PM by acer Star rating. 1500 posts Send private message

Yeah, perhaps...but perhaps also they have more sense!



_______________________
Don't argue with an idiot, he will drag you down to his level and beat you with experience.



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12 Mar 2022 12:27 PM by ads Star rating. 4101 posts Send private message

Gosh this is complicated but can I ask a question of Maria please.

Under existing EU law does a non resident owner of property in any EU country ( regardless of Schengen area)  have legal rights to access their property for more than 6 months of the year? Might this ruling in Spain be acting against EU property rights?

Or are British ( or other nationalities for that matter) non resident owners ( obviously without criminal conviction against them!) not covered by any rights within the EU in this regard re time-limiting of their access to their own legally owned properties?

Presumably tourist rights to access a country are quite separate from ownership rights. 

 

 

 





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12 Mar 2022 1:20 PM by mariadecastro Star rating in Algeciras (Cadiz). 9388 posts Send private message

mariadecastro´s avatar

Ads,

No, there in no European rule allowing non EU property owerns in EU land enjoying ownership rights beyomd the 90/180 rule.

Our petition already have 982 signatures!

https://www.change.org/p/costaluz-lawyers-a-homeowners-visa-for-spain?recruiter=1233001585&recruited_by_id=de893b00-40b0-11ec-8674-5fd9628e05bd&utm_source=share_petition&utm_medium=copylink&utm_campaign=petition_dashboard

 

 


This message was last edited by mariadecastro on 3/12/2022.

_______________________

Maria L. de Castro, JD, MA

Lawyer

Director www.costaluzlawyers.es

El blog de Maria



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19 Mar 2022 8:51 AM by windtalker Star rating. 1902 posts Send private message

People are getting confused about the NVL ..the NVL was not put in place just for people that want to become a Tax Resident .. anyone that wants to stay in Spain for more than the 90 in any 180 day rule can apply ...you are not permitted to work and you must have sufficient funds and a health insurance policy in place for the duration of your stay ..it cost approximately €500 to get a NVL this can  be obtained  from you nearest Spanish embassy in the UK.





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19 Mar 2022 4:12 PM by mariedav Star rating in Ciudad Quesada. 1186 posts Send private message

I think you are the one getting confused, windtalker. If you get an NLV, you must stay in Spain more than 6 months in the first year and aren't allowed to leave for more than 1 year in the first 5 years.

The NLV is cancelled if you don't meet those conditions. 

Read the rules again, the NLV is only valid for 3 months and 15 days, you must enter Spain within the 3 months and apply for residency in the first month you are there otherwise you have to leave.

There is no visa allowing you to overcome the 90/180 rule unless you get the golden visa which would allow you stay up to 183 days each visit. And your 500 quid cost is way off the mark. Take into account the medical certificate, the police check certificate and everything to be translated to Spanish.

Oh, and just as an afterthough, the rules for the NLV state you must stay more than 183 days in the first year which would make you a tax resident. Hardly a just get over the 90 day rule.

 

 


.

 


This message was last edited by mariedav on 3/19/2022.



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19 Mar 2022 6:39 PM by windtalker Star rating. 1902 posts Send private message

mariedav  look on the web www.myspainvisa.com...any UK citizen can apply for a NLV ..this visa is not just for people that are applying to become a resident.





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19 Mar 2022 6:39 PM by windtalker Star rating. 1902 posts Send private message

mariedav  look on the web www.myspainvisa.com...any UK citizen can apply for a NLV ..this visa is not just for people that are applying to become a resident.





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19 Mar 2022 6:39 PM by windtalker Star rating. 1902 posts Send private message

mariedav  look on the web www.myspainvisa.com...any UK citizen can apply for a NLV ..this visa is not just for people that are applying to become a resident.





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