The padron certificate explained

Raymundo Larraín Nesbitt, August, 3. 2021

Lawyer Raymundo Larrain briefly explains to us why and how to register with your town hall’s census, this is known as empadronamiento in Spanish.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 18 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

 

 

 

 

 

 

 

 

Inset photo: redacted padron certificate

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8th of August 2021

What is a certificado de empadronamiento?

A certificado de empadronamiento is a certificate that confirms you are registered at your local town hall census. It is often referred to in Spanish as Padrón. To register oneself is called empadronarse, in Spanish.

What’s its purpose?

It’s basically used to keep tabs on demographic data, which enables the state to allocate more efficiently public resources to different cities and towns based on its registered population. The more citizens registered in a census, the more resources and money the town is allocated by the government.

For example, this translates into a larger number of ambulances, firemen, police officers, street cleaners, etc.

Who needs a Padrón?

It is normally used on applying for Spanish residency, either individually or collectively. But it is also required on a number of other cases, as collated below.

Padrón uses

  • Vote
  • Apply/renew your residency permit
  • Apply for a public health insurance card
  • Entitles to free vaccination during the pandemic (Covid-19 jab, etc)
  • To apply for a mortgage loan or any kind of loan (required for tax reasons)
  • Get married
  • Enrol children in local schools
  • Buy/sell a car
  • To claim benefits
  • To attain subsidies

 

Documents required to enrol yourself

This changes from one town hall to the next, and also depending on your own personal circumstances, so I will not be listing any.

Conclusion

Much like a NIE number, a padron certificate is just one of those documents you will constantly need in Spain in your day-to-day life. You should apply for one as soon as possible to save yourself much aggravation.

You can hire our padron service for a very competitive fee: (Costa del Sol & Sotogrande only):

Empadronamiento

 

At Larrain Nesbitt Abogados we have over 18 years’ experience assisting clients buying & selling property in Spain and dealing with its taxation.

Larraín Nesbitt Lawyers, small on fees, big on service.

Larraín Nesbitt Lawyers is a law firm specialized in conveyancing, taxation, inheritance, and litigation. We will be very pleased to discuss your matter with you. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form to book an appointment.

Legal services available from Larraín Nesbitt Abogados:

 

Property related articles:

 

Article originally published at Spanish Property Insight: The Padron certificate explained

Please note the information provided in this blog post is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely on websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.021 © Raymundo Larraín Nesbitt. All Rights Reserved.

Article copyrighted © 2021. Plagiarism will be criminally prosecuted.

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How to stay in Spain over 90 days – Residency visa overview

Raymundo Larraín Nesbitt, May, 22. 2021

Solicitor Raymond Nesbitt gives us a sweeping overview on how to legally bypass the pesky 90/180-day rule that now affects all UK nationals post-Brexit.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 18 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists has a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2021. Plagiarism will be criminally prosecuted.

 

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
21st of May 2021

After 47 years, the United Kingdom will no longer be a Member State of the Union. The United Kingdom officially left the Union on the 31st January 2020, after both Westminster and the European Parliament ratified the Withdrawal Agreement.

As most UK nationals are already aware by now, you may not spend more than 90 consecutive days in Spain post-Brexit. This pesky limitation is known as the 90/180-day rule. It should be noted that, within a calendar year, you may stay up to 90 days within every rolling six-month period. In plain English, you may remain in two separate stays of up to 90 days each within every calendar year (without visa). A visa is only required when you want to spend over 90 consecutive days in Spain.

Over the course of the previous five months, we have painstakingly published detailed in-depth articles that explained the different legal ways to circumvent the 90/180-day rule. In today’s article we are going to gloss over the four main legal options. Please be advised the point of this article is not to go into every nook and cranny, albeit to skim over the surface light-heartedly and collate all the different legal options open to UK nationals, acting as a repository. If a reader wants to delve in deeper, we advise you follow the links supplied below (just click on them), or simply contact us – one of our friendly staff will be delighted to have a chat with you.

For full disclosure, we should point out there are other visas you can apply for, besides the listed four, but because the majority of our clients never demand them, we have purposely chosen to exclude them i.e. student visa, work visa, etc.

The four listed visas below allow its successful applicants, and dependants, to remain in Spain for more than 90 consecutive days within a calendar year; moreover, you may stay all year round if it pleases you. As an additional advantage, it gives its visa holders unfettered access to the Schengen Area (26 European countries). Basically, you will be treated on equal footing to a Spanish national on entering & exiting the country without all the pesky border & customs hassle that aggravates us so.

Regarding taxation, none of them automatically make you tax resident in Spain on attainment. However, if you spend over 183 days/year in Spain you will be deemed tax resident. On applying for a visa renewal, you will have to provide proof you are living in Spain long term, which may trigger tax residency.

All the below-listed visas have in common the following requirements:

  1. Non-EU national.
  2. Hire private health insurance.
  3. Clean criminal record (previous 5 years)
  4. Be self-supporting (you will not claim benefits)
  5. Not be already in Spain illegally at the time of making the application.

1. Golden Visa Investor visa

The investor visa is thought for affluent applicants. It is popularly known as a ‘Golden Visa’. It’s a blue-ribbon visa that basically rolls out the red rug for its privileged holders that neatly cuts through all the red tape. Its purpose is to foster foreign investments in Spain. Whilst there are many different ways to attain a GV, the most popular (and least expensive) is by investing in Spanish real estate. This requires investing €500,000 in property. We should point out that it applies retrospectively; meaning that any UK national (or any other non-EU) that bought a property in Spain for over 500k on or after the 28th of September 2013 may qualify. Unlike the other three visas listed below, renewals are not subject to proving you live in Spain all year round. They are based on keeping the investment. This ability to override the 90/180-day rule and not being ‘forced’ to live in Spain make it one-of-a-kind and explains why it is so coveted.

Suitable for:

  • Affluent property buyers
  • Investors, developers
  • High-flyers

 

Further reading:

Investor Guide to Spain’s Golden Visa Law – 8th November 2013
Spanish Golden Visa for British investors after Brexit
Spanish Golden Visa for British, it’s retroactive!

2. Marriage visa – EU Family regroupment

It’s intended for families or couples that have been separated, in and out of the EU. It seeks to reunite them in an expedited manner within the EU. So, although this type of visa is popularly dubbed as ‘marriage visa,’ it would be rather more appropriate to refer to it as ‘family visa’, as its scope goes well beyond a married couple. It ought to be understood in broader terms, as in family reunion. As its own name implies, couples must be married (including same-sex partners).

Suitable for:

  • Separated family members that wish to reunite within the EU
  • Married couples

 

Further reading:  EU-family regrouping (marriage visa)

3. Business visa – Lucrative Visa

As its own name implies, this permit allows the applicant to work in Spain as you will be self-employed. This residency applies to someone who is looking to set up his own business in Spain. Typically, you will be acting as director or company administrator. Needless to say, one of the key requirements is that you will have enough means to be self-supporting both for yourself and your family for one year. The catch, besides a cast-iron motivation, is that you need in the ballpark of €80,000 to €100,000 in savings to open & run a business.

Suitable for:

  • Applicants (families) wishing to set up and run a business in Spain
  • Self-employed
  • Entrepreneurs

 

Further reading:  Lucrative residency permit (business visa)

4. Pensioner visa – Non-lucrative visa

As its own name implies, this visa allows the applicant to live, but not to work, in Spain. The applicant will be expected to be self-supporting and will be required to prove he or she has enough savings for at least two years. This visa is ideal for retirees who wish to spend extended periods of time in Spain – without working – enjoying the finer things in life. However, it should be noted that other applicants, who are not of pensioner age, are also welcome to apply. This visa is also a good option for those who want to test the waters and are considering living in Spain long term. The catch is that you need to prove you have an income of at least €27,000/year.

Suitable for:

  • Pensioners
  • Would-be buyers, long-term tenants
  • Bon vivants

 

Further reading: The Spanish Non-Lucrative Visa Explained

 

 

I refuse to join any club that would have me as a member.” – Groucho Marx

Julius HenryGrouchoMarx (1890 – 1977).  Was born to Jewish immigrants who fled from the terrors of Europe (Germany and France) and would be welcomed with open arms by a young US, terre d’accueil. He was an American comedian, actor, writer, stage, film, radio, and television star. He is generally considered to have been a master of quick wit and one of America’s greatest comedians. Along with his five siblings, they shot 13 movies. They are commonly referred to as the Marx Brothers (Chico – Leonard, Harpo – Adolph, Groucho – Julius, Gummo – Milton, and Zeppo – Herbert).

LNA has a 100% track record attaining Spanish residency

 

Larraín Nesbitt Lawyers, small on fees, big on service.

At Larrain Nesbitt Abogados, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to Larraín Nesbitt Abogados’ friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 952 19 22 88.

Residency services available from LNA

 

Related visa articles

 

Article originally published at Spanish Property Insight: How to spend over 90 days in Spain – Residency visa overview

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. No delusional separatist politician was harmed on writing this article. VOV.

2.021 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Non-Lucrative Visa Explained

Raymundo Larraín Nesbitt, April, 29. 2021

Solicitor Raymond Nesbitt explains to us one of four legal ways to bypass the pesky 90/180-day rule that now affects all UK nationals post-Brexit.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 18 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2021. Plagiarism will be criminally prosecuted.

 

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
8th of May 2021

As its own name implies, this visa allows the applicant to live, but not to work, in Spain. The applicant will be expected to be self-supporting and will be required to prove he or she has enough savings for at least two years. This visa is ideal for retirees who wish to spend extended periods of time in Spain – without working – enjoying the finer things in life. But other applicants, who are not of pensioner age, are also welcome to apply i.e. students. This visa is also a good option for those who want to test the waters and are considering living in Spain long term.

The non-lucrative residency permit allows you to stay in Spain for a period of 1 or 2 years (as it is a temporary residency authorization), plus renewals. Initially, for one year and then on two renewals of two years each. At the time of applying for a third one, you may apply for long-term residency in Spain. In case you apply for long-term residency, you should renew it every 5 years.

As it has a non-profit nature, I stress again it does not allow you to engage in any professional activity or employment. You are required to be self-supporting, relying on your own means to live. If you are able to prove that you have enough funds to this end, and that your stay in the country won’t induce government aid, you will qualify for this visa.

Attaining Spanish residency indirectly implies you will eventually become a Spanish tax resident. Please note this visa service is only open to non-EU residents. Once you attain it, you also have the advantage of moving unfettered through the Schengen Area (access to 26 countries), besides Spain.

Requirements

  • Not be already in Spain illegally.
  • Not be banned from entering Spain.
  • Clean criminal record (previous 5 years).
  • You must have your own health or medical insurance, with full coverage in Spain (must be under 75 y.o. to hire one).
  • At least €27,000 annually for the main applicant. For each dependant a further €7,000.
  • You must not suffer from any of the diseases that can have serious public health repercussions.

 

Frequently asked questions

 

  1. Will my family be included in this visa?

Yes, as dependents.

  1. How long does this work visa last?

One or two years, then on renewals. After you have completed five years you may apply for a permanent residency card.

  1. How much money do I need to invest?

Nil, this visa does not have attached any investment requirements in Spain unlike other visas.

  1. Do I need to hire private health insurance?

Yes, this is a core requirement.

  1. Do I need a medical certificate?

Yes. You will need to provide a certificate from your GP with a specific wording we will provide you with, don’t worry.

  1. Do I need to live in Spain all year round?

No, not at all. This visa allows you to stay in Spain all year round, yes, on bypassing the pesky 90/180-day rule. But you are not ‘forced’ to remain in the country for any period of time, it’s up to you really. The bottom line is that you are free to come and go as you please from Spain.

  1. How much savings do I need?

At least 27k/year. The ability to categorically prove you are self-supporting is a core requirement.

  1. Can I study in Spain with this visa?

Yes, you may. Because studying is classified as a non-lucrative activity. However, we have specific study visas. You may also apply for internships in companies.

  1. Do I need to prove my source of income?

Yes. You will be asked to supply copies of your home countries bank statements over the last 12 months to verify your source of income. In a way, Immigration Authorities are monitoring where exactly you derive your income over an extended period of time. Their goal is to verify you are indeed self-supporting and will not claim benefits when in Spain to make ends meet.

  1. How long does a non-lucrative visa take to arrange?

On average, 3 to 4 months through us.

 

LNA offers the following visa service for non-EU nationals: Non-lucrative visa

 

LNA has a 100% track record attaining Spanish residency

Larraín Nesbitt Lawyers, small on fees, big on service.

At Larrain Nesbitt Abogados, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to Larraín Nesbitt Abogados’ friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 952 19 22 88.

Residency services available from LNA

 

Related visa articles

 

Article also published at Spanish Property Insight: The Spanish Non-Lucrative Visa Explained

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.021 © Raymundo Larraín Nesbitt. All Rights Reserved.

... Read more

Lucrative visa explained (business visa)

Raymundo Larraín Nesbitt, April, 1. 2021

Lawyer Raymundo Larrain explains to us one of four ways to legally bypass the pesky 90/180-day rule that now affects all UK nationals post-Brexit.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 18 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2021. Plagiarism will be criminally prosecuted.

 

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
8th of April 2021

As its own name implies, this permit allows the applicant to work in Spain as you will be self-employed. This residency applies to someone who is looking to set up his own business in Spain. Typically, you will be acting as director or company administrator. Needless to say, one of the key requirements is that you will have enough means to be self-supporting both for yourself and your family for one year.

Outlining and submitting a sound business plan is required by the Spanish Authorities. You will be required to work in the business plan which is submitted. You can either set up a new business or else take over an existing business. Renewals of this type of permit are guaranteed so long as the business is making a profit and money is not owed to either the Social Security or the Spanish Tax Office.

As stressed, devising a professional business plan is paramount to the success of this application; LNA can assist you both in devising one, to meet their stringent expectations, as well as attaining the residency permit itself.

This residency permit allows the investor’s family to live, and study in Spain.

Frequently asked questions

 

  1. Will my family be included in this visa?

Yes, your spouse and underaged children are regarded as dependants and will be included in the visa.

  1. How long does this work visa last for?

Initially one year, then on two-year renewals. After you have completed five years you may apply for a permanent residency card.

  1. How much money do I need to invest?

The figure varies, depending on the business, but we advise a minimum of between €80,000 to €100,000.

  1. Do I need to hire private health insurance?

No, unless you want to. When you work in Spain, you must be enrolled in Social Security which follows a monthly pay-in scheme. This already covers all your medical needs, both for yourself and your family.

  1. Do I need to live in Spain all year round?

If you want to be eligible for renewals, you need to spend more than six months within a calendar year in Spain (which automatically makes you tax resident).

  1. Is a business plan required?

Yes, we would take care of that. We work with registered economists who would draft you a professional plan and submit it to Spanish Immigration Authorities for approval.

  1. What type of business are we talking of?

There are no restrictions (other than your own qualifications to run a business). Most clients choose a business in line with their expertise that does not demand a formal qualification such as a boutique hotel, a bed&breakfast, a restaurant, retail outlets, import-export business, etc. You can also take over a going concern (existing business).

  1. How long does a work visa take to arrange?

On average, 3 to 4 months.

 

LNA offers the following residency service for non-EU nationals: Lucrative visa (self-employed)

LNA has a 100% track record attaining Spanish residency

Larraín Nesbitt Lawyers, small on fees, big on service.

At Larrain Nesbitt Abogados, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to Larraín Nesbitt Abogados’ friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 952 19 22 88.

Residency services available from LNA

 

Related residency articles

 

Article originally published at Spanish Property Insight: Lucrative residency permit

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.021 © Raymundo Larraín Nesbitt. All Rights Reserved.

 

... Read more

EU-Family Regrouping (marriage visa)

Raymundo Larraín Nesbitt, March, 1. 2021

Lawyer Raymundo Larrain explains to us one of four ways to legally bypass the pesky 90/180-day rule that now affects all UK nationals post-Brexit.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 18 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2021. Plagiarism will be criminally prosecuted.

 

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
1st of March 2021

 

The 90-day rule

Post-Brexit, all UK nationals are subject to the 90/180 rule, both in Spain and in the Union. Basically, this means you cannot stay in Spain (or the Union) for more than 90 days within every rolling 6-month period. This has become a real nuisance for Britons who own property in Spain (or Europe), or who simply like to spend long periods of time enjoying its gorgeous weather.

I keep getting asked, almost every day, how to bypass the 90/180 rule. There are in fact four legal ways, and in this article, I will be covering the fourth one.

I’m going to keep this article short & simple, avoiding unnecessary legalities.

Who is this service for?

It’s intended for families or couples that have been separated, in and out of the EU. It seeks to reunite them in an expedite manner within the EU. So, although this type of visa is popularly dubbed as ‘marriage visa,’ it would be rather more appropriate to refer to it as ‘family visa’, as its scope goes well beyond a married couple. It ought to be understood in broader terms, as in family reunion. But yes, ‘marriage visa’ certainly does have more of a ring to it, I get it.

EU-Family Reunification

All those UK nationals married to a partner who hold a passport of a member state of the Union, may apply for this residency permit.

The catch is that the EU national must already reside, or plan to reside, in the Union.

As Great Britain is after all a nation of nations, we all have commingled blood. It is not uncommon for Britons to trace back in their family tree some distant Irish relative. If one of the partners secures an Irish passport, for example, this would automatically qualify them both for a EU-family regrouping. The Republic of Ireland remains a member state of the Union. This would allow a British couple to formally attain a Spanish residency permit, allowing them to neatly circumvent the 90/180-day pesky limitation. They would no longer be subject to this rule, being able to come and go as they please from Spain.

However, if both partners have no real intention of relocating their residency over to the Union (i.e. because they both wish to remain UK residents), this permit is not an option.

Marriage

One of the core requirements (for couples) is that they need to be lawfully married (not separated). An updated marriage certificate needs to be produced, as part of the application procedure. This is why it's popularly known as a 'marriage visa.'

Requirements

  • Married.
  • One of them is an EU national, or has attained permanent residency in Spain.
  • Both need to relocate & live in Spain.

 

Advantages over other residency options

 

The advantages offered by EU family reunification compared to the other three residency options are countless; in fact, so much so, that in my opinion it even beats a Golden Visa hands down, which is widely regarded as the golden standard (excuse the pun).

Pros

  • Unlike a Golden Visa, you are not required to make a large investment in Spain. In fact, you are not required to make any investment in Spain!
  • Unlike a non-lucrative visa, this permit allows its holders to work in Spain, either as self-employed or employed.
  • Unlike a lucrative visa, you are not expected to make circa 30,000 euros a year. In fact, it has attached no minimum annual income requirements!
  • It allows you unlimited access & stay to Spain, not being constrained by the 90/180 rule.
  • Moreover, it allows you unfettered access to Spain and the Union (27 countries). The time spent in Spain does not count towards the EUs 90/180 rule. This is most interesting to businesspeople, as they can smartly combine time periods to (over)stay in the EU effectively overriding the 90/180 rule, on business trips and such.
  • Same-sex marriages are accepted.
  • Because of the intrinsic nature of reuniting separated families, the procedure is actually fast-tracked compared to other residency alternatives, as uniting separated families is an admin priority. In plain English, you attain it much faster than following the other three options.
  • Legal fees for this residency service are in fact lower than the other three alternatives.
  • By its own nature, it is meant to be a fast-tracked procedure, meaning you are required to submit much less paperwork to comply. In other words, it greatly streamlines the residency procedure cutting through all the red tape. Additionally, it also cuts down in expenses on sworn translations, apostilles and all assorted legalia. Every penny counts.

Cons

  • You actually need to relocate and live in Spain.
  • You actually do need to get married. Eh well, nothing is perfect.

 

Tax residency

As always, administrative residency and tax residency are two separate legal concepts. The fact that you apply for a residency permit, does not make you tax resident in Spain.

However, that said, both concepts do go hand in hand, and eventually overlap; if you live all year round in Spain, you will eventually become tax resident in Spain.

Conclusion

An EU family regrouping is one of four legal ways to bypass the pesky 90/180-day rule that now applies to all UK nationals in a post-Brexit world.

If you are considering this route, it is advisable you take legal advice beforehand on how this option may impact you taxwise.

An EU family regrouping is as good as it gets; it’s a win-win and has no strings attached (well, other than the getting married part).

 

“Life is short, but marriage is long... so drink up, and it will make it go a hell of a lot faster.” Quote from the movie “Rumour Has It…”

 

LNA has a 100% track record attaining Spanish residency

Larraín Nesbitt Lawyers, small on fees, big on service.

At Larrain Nesbitt Abogados, we have assisted hundreds of EU and non-EU nationals to successfully attain a Spanish residency permit.

Interested? Come and speak to Larraín Nesbitt Abogados’ friendly staff who will be pleased to guide you through the different residency options, choosing the one that appeals to you most. Your family’s success is only one call away: (+34) 952 19 22 88.

 

Residency services available from LNA

 

Golden Visa related articles

 

Article also published at Spanish Property Insight: EU-family regrouping

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.021 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Spain's Golden Visa for British, it's retroactive!

Raymundo Larraín Nesbitt, February, 18. 2021

Solicitor Raymond Nesbitt gives us an overview of the advantages offered by Spain’s Golden Visa scheme to UK nationals.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 18 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2021. Plagiarism will be criminally prosecuted.

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
21st of February 2021

Introduction

We recently published an article on Golden Visas for British nationals which has garnered much attention. It constitutes a legal breakthrough, as it allows Britons – for the first time ever – to access Golden Visas in Spain. Since then, we have received numerous queries raising a number of questions. Chiefly, the most important one being on whether Golden Visas are in fact retroactive, or not. The good news is that yes, Golden Visas are indeed retroactive.

Any UK national who bought a property in Spain, on or after the 28th of September 2013, may qualify to apply for a Spanish Golden Visa.

We are going to reproduce below some of the most frequently asked questions raised by UK nationals we’ve collated over the last week to help shed some light on the matter.

  1. I’m British and bought a 500k property in 2016, do I qualify?

Yes, you do.

  1. We bought a 500k property under joint names, do we qualify?

No, you do not. British couples normally buy property under joint names; however, when it comes to Golden Visas, this is a challenge.

The law requires that 500,000 euros are only under the name of the main investor, the balance however can be registered under the name of the partner.

E.g. A UK couple buy under joint names a 500,000 euros property in 2014. They would not qualify because the do not meet the 500k threshold (as each one has ‘only’ 250k).

E.g. A UK couple buy a 700k property, 500k under the name of the wife and the balance (200k) is under the name of her spouse. They would qualify.

  1. We’ve already bought property in Spain but fall just short of the 500k threshold. Do we qualify?

No, but you may still qualify providing you buy another property that assists you reaching the 500k limit. It doesn’t matter if you buy the second property years later, don’t worry. What matters is reaching the 500k goal, even if by combining all the property values you own.

For example, you’ve already acquired a 450k property in the past. What you can do is buy one, or more, properties, to help you reach the 500k threshold, so you qualify for this special residency visa permit.

  1. I snagged a bargain property for under 500k during Spain’s downturn in 2014, but it is now worth substantially more than 500k, do I qualify?

No, you don’t. Same as in point three above, the value in the purchase deed needs to tally 500k. Any capital appreciation over time is not computed, sorry. You would need to buy one, or more, additional properties that allow you to meet the 500k threshold.

  1. We bought a property for 480k in the past but have made extensive improvements to the property since that now make it worth well over 500k. Do we qualify?

No, you don’t. Same as in points three and four above, the values in the purchase deed need to tally 500k. Any extensions or improvements made to a property are not computed. You would need to buy one, or more, properties that allow you to meet the 500k threshold i.e. a parking space.

  1. At present, our property, which cost €795K, is held equally between my wife and myself.  However, if we reorganised our affairs such that my wife, say, held a €500K, interest in the property, could we, again, in principle, be both eligible for a Golden Visa?

No. You cannot belatedly rearrange property holdings to meet the 500k threshold post-sale. The law requires an investor buys one, or more, properties that combinedly meet the statutory threshold. The Title deed/s need to add up to 500,000 euros on buying property in Spain. To overcome this, you could buy a second additional property for 102,500 euros that would allow either one of you to hit the required 500k yardstick.

  1. If I attain a Golden Visa, does the time spent in Spain count towards the Schengen 90/180 rule? I travel to Europe on business regularly and this is a key point for me.

Short answer is no. When you land a GV, you may come and go as you please from Spain; you are not subject to the 90/180 rule that applies to the remainder of UK nationals. Regarding travelling in or around the Schengen Area, the time you spend in Spain would not count towards the 90 out of every rolling six-month period (the 90/180 rule you mention). In other words, as an example, within the same six-month period you may legally flaunt said rule on spending say 90 days in Spain and 90 days in the Schengen Area. Without a Golden Visa you simply could not hope to achieve this. Which is yet another advantage for businesspeople, or for those who simply like to roam free around Europe getting lost in its beauty.

  1. I sold a property and hold a substantial bank deposit since 2015, do I qualify?

Yes, you do. Providing your bank balance is one million euros.

Buying property in Spain is one of many ways to acquire a Golden Visa, albeit it is by no means the only one. There are several other viable options that enable an investor, and his family, to attain a Golden Visa in Spain. Speak to us.

At Larrain Nesbitt Abogados, we have assisted hundreds of non-EU investors, and their families, to attain a Golden Visa since its inception in 2013. We can put you in touch with the most reputable real estate agencies across Spain to make your dreams come true. Apply for the keys to your Golden Visa through Larraín Nesbitt Abogados’: Golden Visa Service.

Interested? Come and speak to Larraín Nesbitt Abogados friendly staff who will be pleased to guide you through Spain’s Golden Visa programme. Your family’s success is only one call away: (+34) 952 19 22 88.

LNA has a 100% track record attaining Spanish residency

Larraín Nesbitt Lawyers, small on fees, big on service.

Golden Visa Service

 

Residency services available from LNA

 

Golden Visa related articles

 

Article also published at Spanish Property Insight: Spanish Golden Visa for British, it’s retroactive!

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Voluntas omnia vincit.

2.021 © Raymundo Larraín Nesbitt. All Rights Reserved.

 

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Spanish Golden Visa for British investors after Brexit

Raymundo Larraín Nesbitt, January, 21. 2021

Solicitor Raymond Nesbitt gives us an overview of the advantages offered by Spain’s Golden Visa scheme to UK nationals.

Marbella-based Larraín Nesbitt Abogados (LNA) has over 18 years’ taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2013, 2017, 2018, 2019, and 2021. Plagiarism will be criminally prosecuted.

 

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
21st of January 2021 

Introduction

The Spanish Golden Visa has become the gateway to Europe for thousands of applicants pursuing the European dream. They have collectively invested over 2 billion euros since its inception in 2013. Although Spain’s visa programme was initially a flop, as it fell well below expectations, and was marred with teething issues, an ambitious overhaul in 2015 made it extremely competitive compared with similar schemes offered by fellow EU countries. So much so, that this massive tweak enabled Spain to confidently overtake Portugal, becoming Europe´s leading Golden Visa supplier.

Although this procedure was originally devised to cater to affluent Russian, Chinese, and Iranian nationals, in a post-Brexit world, UK nationals now have a golden opportunity (excuse the pun) to benefit from the wide array of advantages offered by Spain’s Golden Visa scheme. 

With the European Union’s Parliament official confirmation from last week that it will ratify belatedly the Withdrawal Agreement in February 2021, Brexit is now truly done and dusted. This opens the doors for Britons to apply for a GV application. Although Brexit has been a protracted procedure, as a positive note, it has allowed the prospect of Golden Visas for British nationals.

UK nationals may now enjoy - for the first time ever - the slew of advantages that were until now reserved only to a select minority of wealthy non-EUs. The main advantage is that it allows British nationals - that lack a EU passport - to enter and move visa-free through the Schengen Area, skipping pesky passport controls on an equal footing to EU nationals. Much like before the UK voted to break away from the Union.

If you fancy an in-depth take into this subject, you can take a peek at our 2013 article: Investor Guide to Spain’s Golden Visa Law

Spain’s Golden Visa programme allows affluent non-EU applicants, and their dependants, unfettered access across Europe´s Schengen Area. Travel unmolested through all of Europe.

A Golden Visa enables you, and your family, to live and work in Spain (Europe). This visa guarantees Spanish residency, which eventually leads to Spanish citizenship (optional). Live the dream, apply now!

Thousands of non-EU nationals have already secured their families’ future and well-being on benefiting from this special arrangement that rolls out the red carpet cutting through all the red tape. Spain’s Golden Visa is a success story, be a part of it!

At Larrain Nesbitt Abogados, we have assisted hundreds of investors, and their families, to attain a GV since its inception in 2013. We can put you in touch with the most reputable real estate agencies across Spain to make your dreams come true. Apply for the keys to your Golden Visa through Larraín Nesbitt Abogados: Golden Visa Service. Your family’s success is only one call away: (+34) 952 19 22 88.

 

Golden Visa Advantages

  • Fast-tracked. This law is specifically devised to attract affluent non-EU investors and helps to cut through the admin red tape greatly streamlining the visa procedure.
  • Travel Europe visa-free. You can travel without a visa for 90 days out of every 180 days within the Schengen Area.
  • Clear rules. Two years (Residency Permit), renewable for a further 5 years.
  • No need to become resident in Spain. You only have to visit Spain once to get or renew the Residency Permit. There is no minimum stay requirement, and you don’t have to become a tax resident or actually live in Spain.
  • Family included. You may get additional permits for your spouse and children under 18 years (or disabled and dependant children over 18). Same-sex partners inclusive. Dependant parents of applicant are now also included (extended family).
  • You may work in Spain.
  • Spanish nationality (optional). This is a 2-year Residency Permit, not the right to permanent residency or a Spanish passport. However, it can lead to long-term Spanish residency after 5 years of continuous residence, and citizenship after 10 years.
  • Underaged children may study in Europe. Underaged offspring can live and study in Europe, in company of your partner, whilst you work and earn money abroad.
  • Return on investment. Take advantage of Spain´s burgeoning real estate recovery.

 

General Requirements

 Applicants pursuing investor visas must comply with the following general requirements:

  • Non-EU national.
  • The investor applicant must be of legal age (18-years-old or over).
  • The investor must not hold a criminal record whether in Spain or in the previous five years where he has resided.
  • Not be already in Spain irregularly.
  • Have access to private medical insurance.
  • Have sufficient financial means to support both himself and his family whilst in Spain.
  • Pay the relevant application fee.

 

Specific Requirements

Qualified residency permits to non-EU residents will be offered in return for any of the following:

  1. Invest at least €500,000 in Spanish real estate property.
  2. Invest at least €2,000,000 in Spanish Treasury Bonds.
  3. Invest at least €1,000,000 in shares of Spanish companies.
  4. Deposit at least €1,000,000 in Spanish bank accounts.
  5. A ‘major’ business investment which fulfils at least one of the following three criteria:
  • Meaningful job creation as a direct result of the investment.
  • Significant socioeconomic impact in the geographical location where the activity will be carried out.
  • Technological or scientific impact.

Why choose Europe?

  • Democracy. Europe, cradle of democracy, hosts some of the world’s oldest and most solid. A clear and stable legal and tax framework allows freedom, nurtures ingenuity, and upholds (property) rights for businesspeople. This concocts the ideal breeding ground to foster business investments, and develop an entrepreneurial skill set.
  • Education. Europe is home to some of the world’s most respected academic institutions. Secure a bright future for your children allowing them to earn their spurs in life through a meritocratic top-notch education.
  • Culture. Europe is a crucible of cultures, a conflux that laces Western and Eastern influences, offering a rich tapestry of history and arts that shaped the world as we know it. Spain’s vast cultural heritage, spanning millennia, is a legacy of commingled cultures that attracts over 84 million tourists every year leaving an indelible mark upon its visitors.
  • Languages. Seize the opportunity to master and command some of the world’s most influential languages: English (business & finance), French (arts & diplomacy), German (industry & science), Spanish (literature & poetry).
  • Healthcare. Europe, and Spain in particular, are at the forefront in modern medical facilities.
  • Modern transport. Spain offers top-tier transport services including state-of-the-art high-speed rails connecting you with Europe’s major capitals.

 

Frequently asked questions

 


   1. Can I request a mortgage on investing €500,000 in Spanish real estate?

Only on the excess above €500,000. The law requires that the first €500,000 is unencumbered – meaning the equity threshold must be free. The excess can indeed be financed through a mortgage loan if necessary. Notwithstanding the above, you may also finance the 500k using a lender, as long as he is located outside of the Union, although this may prove challenging in practice.

   2. I have read that I need to spend over six months in Spain to qualify for residency. Is this true?

No. A GV neatly overrides this requirement. This law specifically targets affluent individuals who will normally be residing and working elsewhere. That doesn’t preclude the investor’s spouse and children from living and studying (or even working) in Spain (Europe). In other words, you are free to come and go as you please without needing to stay in Spain a minimum period of time every year.

   3. I don’t fancy paying taxes in Spain, I already pay enough in my home country. Will I become a Spanish tax resident if I apply for a GV?

No, you won’t. A GV application is unrelated to your tax residency. Only if you spend more than 183 days a year in Spanish territory would you become a Spanish tax resident. Ideal for those who want their families to enjoy a European lifestyle whilst the main investor commutes to work in other countries and has his/her main business outside of Europe.

   4. How long does it take to attain a GV application?

Under two months, on average.

   5. Can I work in Spain?

Yes. Following a change in the GV law in 2015, the main investor may now work in Spain.

   6. Can I make use of the public healthcare system?

No. This blue-ribbon visa targets wealthy non-residents who must hire their own private insurance. We can also assist you with this: Hiring private health insurance.

   7. Does a GV include also the investor’s family?

Yes, even extended family. The term ‘family’ must be understood broadly. A married couple and their children under 18 are included under the same application as a family unit. Same-sex partners qualify as a married couple. In some cases, children over 18 y.o. are also included as long as they are financially dependent. Also, dependant parents, even if under 65 y.o.

   8. How long does the Golden Visa last for?

Two years, and you may renew it for a further 5 years.

   9. Do holders of the so-called Golden Visa have unrestricted access to move within the European Union?

In a nutshell, yes. Holders of a Spanish Golden Visa do not require a visa to enter Europe’s Schengen Area. They can transit and enjoy free movement within the Schengen Area visa-free for a maximum period of three months (90 days) in every rolling six-month period from the date of first entry. You will have unfettered access to move within the Union.

  10. Can I invest in real estate through a company?

Yes, but certain criteria apply to qualify - talk to us. The bottom line is that you can indeed buy real estate through companies and still qualify to attain a GV in Spain.

Interested? Come and speak to Larraín Nesbitt Abogados friendly staff who will be pleased to guide you through Spain’s Golden Visa programme. Your family’s success is only one call away: (+34) 952 19 22 88.
 

Golden Visa Service *

*includes one family unit

 

“Democracy owes its existence to Christianity.” – Robert Schuman

Jean-Baptiste Nicolas Robert Schuman (1886 – 1963). Was a French statesman. Schuman was a Christian Democrat (Popular Republican Movement) political thinker and activist. Twice Prime Minister of France, a reformist Minister of Finance and a Foreign Minister, he was instrumental in building postwar European and trans-Atlantic institutions and was one of eleven Founding Fathers of the European Union, the Council of Europe, and NATO.

In fact, all Founding Fathers of the Union were Christian, which explains the thoughtful choice of Rome - Christianity's bedrock - to sign in 1957 the EEC’s foundational treaty, a forerunner of what in time would be known to us as the European Union, or Union. I’m guessing Pericles would like to have a word or two on this quote.

LNA has a 100% track record attaining Spanish residency

Larraín Nesbitt Lawyers, small on fees, big on service.

Larraín Nesbitt Lawyers is a law firm specialized in conveyancing, residency, inheritance, taxation and litigation. You can contact us by e-mail at info@larrainnesbitt.com, by completing our contact form or by telephone on (+34) 952 19 22 88.

Residency services available from LNA:

 

Golden Visa related articles

 

Article originally published at Spanish Property Insight: Spanish Golden Visa for British investors after Brexit

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. Voluntas omnia vincit.

2.013, 2.017, 2.018, 2.019, and 2.021 © Raymundo Larraín Nesbitt. All Rights Reserved.

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6 advantages of a Spanish residency permit

Raymundo Larraín Nesbitt, October, 26. 2020

Marbella-based Larraín Nesbitt Abogados (LNA) has over 17 years' taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2020. Plagiarism will be criminally prosecuted.

 

 

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8th of November 2020

The United Kingdom officially left the Union on the 31st January 2020, and the Brexit transition period ends on the 31st December 2020.

Following up on last month's article (Spanish residency permit: Time is running out!), we are now on the run up to the last days for British nationals to benefit from all the advantages the transition period has to offer on applying for Spanish residency. We strongly advise all UK nationals to apply for a residency permit now, before the end of the year, if you can. As from 2021, the application requirements will be far more challenging, and many will no longer qualify.

To complicate matters further, at the time of publishing this immigration article, it would seem the UK Authorities are heading for a no-deal Brexit which would pile even more pressure to get this done and out of the way whilst you can. From the Spanish side, Immigration Authorities have tightened up the requirements in a new change from November which now requires applicants to categorically prove their habitual residency is in Spain. This is the second major change in 2020, besides the one we already reported in July 2020.

Please note that because the United Kingdom has been a member state of the Union over the last 47 years we take many rights for granted; but these rights will no longer be available as from 2021 for all those who have not landed a residency permit, so please do not take them for granted and be proactive, for your own sake.

Besides the six reasons we collate below, there are also tax advantages: Tax advantages on becoming resident in Spain – 8th March 2018.

Apply for Spanish residency now and ensure you secure your EU rights as a national of a member state of the Union before it’s too late.

 

Six advantages of a Spanish residency permit

 

  1. Freedom to move within the Schengen Area

With a Spanish residency permit you are granted unfettered access across the Schengen Area. Avoid pesky passport controls, avoid multiple visa applications, avoid long queues. A residency permit allows you visa-free access to all 26 Schengen countries.

  1. Right to live in Spain (Europe)

Again, most UK nationals take this for granted, but in a post-Brexit world this will be far more challenging. A Residency permit legally allows you to remain within the Union territory unmolested and go about your life. Illegal aliens, who do not have a valid residency permit, and overstay the 90-day period, may be subject of deportation to their home countries.

  1. Right to work

A residency permit allows you to seek a job normally. Employers in Spain, going forward, are going to be asking job seekers to prove they are in Spain legally to avoid large fines on hiring illegal immigrants.

  1. Right to study

A residency permit allows students to live and study in Spain (Europe).

  1. Right to vote

Have your say on local elections, vote for a mayor to improve things in your town.

  1. Right to public healthcare (S1)

After you attain a Spanish residency permit, UK pensioners may apply for a full transfer of their accrued UK healthcare rights over to Spain using the S1 procedure. For as long as you remain in Spain, you may use the Spanish healthcare system in equal rights to any native. We offer this service for a flat fee:  Transfer of healthcare rights (S1 - Social Security Homologation).

In conclusion

Any EU national living in Spain for more than 90 consecutive days must apply for a Spanish residency permit, by law.

Please note that you may remain lawfully, within Spanish territory, a maximum of up to 90 days within every rolling six-month period within a calendar year.

As the Brexit transition period draws to an end, it is important UK nationals attain a Spanish residency permit taking advantage of the lenient conditions currently in existence while they last.

You should be advised that attaining a Spanish residency permit is taking (in Malaga) several weeks, so please plan ahead accordingly. What matters is that you file for it before the 31-12-2020 deadline.

Please, for your own sake, don’t sleep on this as the clock is ticking.

For updated information on all residency matters, please browse UK Gov Living in Spain Guidance.

 

"I met my wife through playing golf. She is French and couldn't speak English and I couldn't speak French, so there was little chance of us getting involved in any boring conversations - that's why we got married really quickly." – Sean Connery

Sir Thomas Sean Connery (1930 – 2020). Was born in my beloved Edinburgh. Before pursuing a career in acting, he worked on several jobs such as milkman, Royal Navy sailor, lorry driver, footballer, bodybuilder, lifeguard, labourer, coffin polisher, artist’s model, and part-time babysitter (sic). At age 27 he would start his career as an actor which would bring him world-recognition as one of the best actors of his generation. His seminal role in the first James Bond movie would bring him much praise and years on he would be widely regarded as the best actor to play the incorrigible Bond. Other major roles he played were Marnie (1964), The Man Who Would Be King (1975), A Bridge Too Far (1977), Highlander (1986), The Name of the Rose (1986), The Untouchables (1987), Indiana Jones and the Last Crusade (1989), The Hunt for Red October (1990), Dragonheart (1996), The Rock (1996). He officially retired from acting in 2006, though he briefly returned for some voice acting roles in 2012. I came across him several times when I was younger at Aloha Golf in Marbella, where he lived for several decades with his second wife until they left for the Bahamas. A proud Scotsman, he swore he would never return to live in his native Scotland unless they attained political independence. True to his word, he would die abroad never seeing his dream come to fruition. He proudly sported a tattoo: “Scotland Forever.”

 

LNA has a 100% track record attaining Spanish residency

 

At LNA we assist UK nationals to apply for Spanish residency for the first time, or renewals, for a very competitive fee. You will be assigned an in-house specialist to deal with your matter. Call or e-mail us free of compromise.

Please note we only deal with residency permits on the Costa del Sol (Malaga province).

Larraín Nesbitt Abogados, small on fees, big on service.

Larraín Nesbitt Abogados is a law firm specialized in residency, taxation, conveyancing, inheritance, and litigation. We will be very pleased to discuss your matter with you. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form.

 

Immigration & Residency services available from LNA

 

 Residency-related articles

 

Article also published at Spanish Property Insight: Six advantages of a Spanish residency permit

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. No delusional secessionist politician was harmed on writing this article. VOV.

2.020 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Spanish residency permit: Time is running out!

Raymundo Larraín Nesbitt, October, 5. 2020

Marbella-based Larraín Nesbitt Abogados (LNA) has over 17 years' taxation & conveyancing experience at your service. We offer a wide range of 50 legal and corporate services. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain.

You can review here our client’s testimonials.

Article copyrighted © 2020. Plagiarism will be criminally prosecuted.

 

 

 

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Abogados
8th of October 2020

The United Kingdom officially left the Union on the 31st January 2020, after both Westminster and the European Parliament ratified the Withdrawal Agreement. Within the WA it was agreed a Brexit transition period that would last until the 31st of December 2020. By this year’s end the United Kingdom, after 47 years, will no longer be a Member State of the Union.

This will have a major impact in several fields. In this article, I will only focus on immigration. As from the 01/01/2021 the requirements that UK applicants must meet will become far more stringent, as they will now be officially regarded as nationals of a third country, non-EUs.

In plain English, the requirements a UK national must meet going forward, as from 2021, will be far more challenging, to the point many will no longer qualify. Unsurprisingly at this point, the exact requirements are still unknown as they must still be penned by the Authorities, but it is within reason to think they will be very similar, if not identical, to those being asked from non-EU nationals at present.

The gist of this short article is to drive home the point that all UK nationals, who are of the mind of attaining a Spanish residency permit at some point in the future, should do so now taking advantage of the lenient Brexit transition period.

5 reasons to be pro-active and act now!

 

  1. All those who register before year’s end, will safeguard their rights as EU nationals for as long as they remain resident in Spain. It is important that any UK national who is currently living in Spain, but still remains unregistered, applies for residency to safeguard his EU rights.
  2. For the time being, and until this year’s end, you are (still) being treated as a fellow EU national, meaning all procedures are (greatly) streamlined for your own convenience. Without esoterics, they roll out the red carpet for you removing the red tape.
  3. During the Brexit transition period, the requirements for residency are very reasonable and within grasp of most, if not all, applicants. However, as of 2021 these requirements will change (drastically) as you will no longer be regarded as a EU national, and may prove draconian to some applicants who will be shut out.
  4. If you are a UK-based landlord, actively leasing holiday rental accommodations in Spain as a buy-to-let business, you may wish to consider the option of applying for residency in Spain. The reason is that it would allow you to still benefit from the lenient tax advantages open to all EU residents: a lower tax rate (19%) and the ability to offset any and ALL property-related expenses, which on average reduces a landlord’s tax bill by 70%, or more. Post-Brexit, the tax rate will be a flat 24% on gross rental earnings without being able to apply for ANY landlord tax relief. This fiscal change will translate into some businesses no longer being financially viable post-Brexit. More on this in our tax article: Post-Brexit Taxation in Spain. Please seek professional advice from us on this point, as it implies becoming tax resident in Spain; meaning you would pay tax in Spain on your worldwide income.
  5. Our fees to process residency permit applications are very competitive whilst you are still a EU national, but as from next year, when you are no longer regarded as a EU national, they will be in line with our other Immigation & Residency services for non-EU clients (higher). The reason is because our workload is significantly increased for all non-EU applications.

 

Green cards

For all those UK nationals who had already secured a green card in the past (green A4 certificate or credit card-sized piece of paper), this certificate will remain valid proof of residence and rights under the Withdrawal Agreement after 31 December 2020 for those registered in Spain before the 6th of July 2020. In other words, you are under no legal obligation to exchange it for the new TIE card, or so goes the theory.

However, in practice, we strongly advise you exchange your old green card over to the new TIE card, which supersedes it. Besides being more durable, the main reason is that citizens in Spain now deal with Public Administrations telematically, that is online. Spanish IDs and the new TIE cards are very similar, as they both have in-built chipsets that allow you to deal online with the different public administrations (i.e. booking an appointment online) which saves you considerable time and aggravation. Unless you rather fancy spending several mornings queuing up for nothing, or making umpteen calls that will all go unanswered. Please read this local newspaper article to understand where I’m getting at: Dealing with the authorities in the new normal has become a red tape nightmare.

Moreover, even public servants are redirecting citizens to take their business online as it (greatly) simplifies admin procedures. Although this may seem trivial, when you find yourself in the need to urgently book a medical appointment for health care reasons, you will remember this piece of advice. Embrace the digital age and let go of the old ways. So less ‘mañana, mañana’ and be pro-active about it for your own good. Ignore my advice at your own chagrin.

If you want to avoid yourself much aggravation in the future, please follow my advice, and exchange your old green card for the new TIE card. This is accomplished only within a few weeks and for a very low fee.

Registering for Spanish residency after the 06-07-2020

Spanish Immigration Authorities unexpectedly overhauled the residency procedure, without giving notice, in early July this year, causing a bit of a commotion as we reported at the time. All UK nationals applying for residency after the 6th of July 2020 must attain a biometric residency card known as Foreign Identification Card (or TIE, in Spanish). It will state it has been issued to the holder under the terms of the Withdrawal Agreement.

Deadline to apply for Spanish residency

The deadline to register with the Spanish Immigration Authorities as resident, and benefit from the array of rights under the Brexit Withdrawal Agreement, ends on the 31st December 2020. Residency applications are electronically tagged, so what matters is to apply before year’s end, even if the decision on your matter is taken by Spanish Immigration Authorities on the following year.

For argument’s sake, if you file your application on the last day of the deadline, on New Year’s Eve, even if the Immigration Authorities decide upon your file on the 21st February of 2021, you would still be granted a residency permit under the terms of the Withdrawal Agreement, that is safeguarding your EU rights.  Obviously, this is just an example; plan ahead, and don’t wait until the eleventh hour to file your residency application.

EU Rights after the 31st December 2020

The Withdrawal Agreement sets out the terms of the UK’s withdrawal from the Union and provides for a deal on citizens’ rights. It sets out a transition period which lasts until 31 December 2020. During this time you can continue to live, work and study in the EU broadly as you did before 31 January 2020.

If you are resident in Spain at the end of the transition period, you will be covered by the Withdrawal Agreement, and your rights will be protected for as long as you remain resident in Spain.

Does attaining a Spanish residency permit make you a tax resident in Spain?

This is a tricky one, and I have to reply, ‘no and yes’.

No, because registering for admin residency is independent of tax residency which is altogether a different legal concept.

And yes, because as its own name implies, residency by its very own nature entails you will remain in Spain for a long period of time, normally exceeding the 183-day rule our Tax Office cherishes so much. If you spend 184 days, or more, in Spanish territory you automatically become tax resident.

I know, clear as mud, but life is full of grey areas. More details in our blog post:  Dual residency and hogwash.

In conclusion

Any EU national living in Spain for more than 90 consecutive days must apply for a Spanish residency permit, by law.

Please note that you may remain lawfully, within Spanish territory, a maximum of up to 90 days within every rolling six-month period within a calendar year.

As the Brexit transition period draws to an end, it is important UK nationals attain a Spanish residency permit taking advantage of the lenient conditions currently in existence while they last.

You should be advised that attaining a Spanish residency permit is taking (in Malaga) several weeks, so please plan ahead accordingly. What matters is that you file for it before the 31-12-2020 deadline.

Please, for your own sake, don’t sleep on this as the clock is ticking.

For updated information on all residency matters, please browse UK Gov Living in Spain Guidance.

 

Life isn’t black and white. It’s a million gray areas, don’t you agree?” – Ridley Scott

Sir Ridley Scott (1937). Eminent English filmmaker and producer who doesn’t really need an introduction. He is best known for directing such ground-breaking science fiction classics as Alien (1979), the indelible Blade Runner (1982) which, even by today’s standards, remains way ahead of its time and boasts one of the most beautiful and bewitching orchestral scores in history (Vangelis), Legend (1985), Thelma & Louise (1991), 1492: Conquest of Paradise (1992), Gladiator (2000), Black Hawk Down (2001), Kingdom of Heaven (2005) and the Martian (2015). And although Ridley doesn’t believe in God, God believes in him.

 

LNA has a 100% track record attaining Spanish residency

 

At LNA we assist UK nationals to apply for Spanish residency for the first time, or renewals, for a very competitive fee. You will be assigned an in-house specialist to deal with your matter. Call or e-mail us free of compromise.

Please note we only deal with residency permits on the Costa del Sol (Malaga province).

Larraín Nesbitt Abogados, small on fees, big on service.

Larraín Nesbitt Abogados is a law firm specialized in residency, taxation, conveyancing, inheritance, and litigation. We will be very pleased to discuss your matter with you. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form.

 

Immigration & Residency services available from LNA

 

 Residency-related articles

 

Article originally published at Spanish Property Insight: Spanish residency permit: Time is running out!

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. No delusional secessionist politician was harmed on writing this article. VOV.

2.020 © Raymundo Larraín Nesbitt. All Rights Reserved.

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Relocating to Spain? We offer a wide range of Immigration & Residency services

Raymundo Larraín Nesbitt, December, 30. 2019

Lawyer Raymundo Larraín explains the Immigration & Residency services available from Larrain Nesbitt Abogados (LNA).

Marbella-based Larrain Nesbitt Lawyers has over 17 year’s taxation & conveyancing experience at your service. Our team of native English-speaking lawyers and economists have a long track record successfully assisting expats all over Spain. You can review here our client’s testimonials.

Article copyrighted © 2019. Plagiarism will be criminally prosecuted

 

By Raymundo Larraín Nesbitt
Director of Larraín Nesbitt Lawyers
8th of January 2020

 

Introduction

Are you planning to relocate to Spain?

Larrain Nesbitt Lawyers offers a comprehensive range of residency services making us a one-stop provider for all your immigration & residency needs.

From something simple as attaining a NIE number, to open a bank account, or even buying your house in Spain, we have all your needs covered.

On hiring one of our immigration services, our company assigns you an in-house residency specialist that will handhold you through the entire admin procedure. We offer all the following immigration & residency services, from standalone services to all-inclusive immigration family packages.

All residency services featured below available only on the Costa del Sol.

 

I. Spanish Residency

 

1. Non-EU nationals

  • Golden Visa Service

This is a privileged fast-tracked visa that rolls the red carpet and grants the right to work & reside in Spain for the investor, and his family (including dependent parents), allowing unfettered travel across Europe´s Schengen Area. The investor has the right - but not the obligation - to reside in Spain. Which paves the way to not be regarded as tax resident in Spain. As an example, your spouse and underaged children may live, study (and work) in Spain whilst the main investor resides outside of the EU taking care of business and being considered for tax purposes as non-resident. In other words, and in plain English, attaining a Golden Visa does not preclude your tax residency in any way; which is of particular interest to HNWIs and UHNWIs.

This visa greatly streamlines the standard residency procedure cutting out all the red tape and greatly reducing the application time frame. For affluent non-EU investors, this is hands down the residency option that should be pursued if money is not an issue.

To qualify, you can either buy a house in Spain (cheapest and easiest option), deposit a large sum of money in a Spanish bank account (also known as Wealth visa) or become an entrepreneur investing in a major project. The initial application is for two years and following this you can renew it for a further 5 years. You may then apply for permanent residency that can lead to citizenship, at your choice.

Since its launch in 2013, we have achieved a 100% application success rate.

More on this service: Golden Visa Service

 

  • Non-lucrative permit

The non-lucrative residency permit allows you to stay in Spain for a period of 1 or 2 years (as it is a temporary residency authorization), plus renewals. The first and second renewal lasts two years. At the time of applying for the third one, you may apply for the long-term residency in Spain. In case you apply for the long-term residency, you should renew it every 5 years.

As it has a non-profit nature, it does not allow you to engage in any professional activity or employment. You are required to be self-supporting, having your own means to live. If you are able to prove that you have enough funds to this end, and that your stay in the country won’t induce government expenditure, you will qualify for this permit.

More on this service: Spanish Residency: non-EU nationals - non lucrative permit

 

  • Lucrative permit

As its own name implies, this permit allows the applicant to work in Spain as you will be self-employed. This residency applies to someone who is looking to set up his own business in Spain. Typically, you will be acting as director or company administrator. Needless to say, one of the key requirements is that you will have enough means to be self-supporting both for yourself and your family.

Outlining and submitting a sound business plan is required by the Spanish Authorities. You will be required to work in the business plan which is submitted. You can either set up a new business or else take over an existing business. Renewals of this type of permit are guaranteed so long as the business is making a profit and money is not owed to either the Social Security or Spanish Tax Office.

As stressed, devising a professional business plan is paramount to the success of this application; LNA can assist you both devising one, to meet their stringent expectations, as well as attaining the residency permit itself.

This permit allows the investor's family to live and study in Spain (but not to work).

More on this service: Spanish Residency: non-EU nationals - lucrative permit

2. EU-nationals

  • Residency. All expats that spend over 3 consecutive months in Spanish territory, within a rolling six-month period, must apply for residencia, by law. If you remain in Spain after 3 months, without attaining residency, you may be regarded as an illegal alien and may even be subject to deportation to your home country. Additionally, all expats who are not registered will be stripped of a series of EU rights and entitlements. At LNA we can assist you, and your family, to attain Spanish residency fast and cheaply.

 

More on this service: Spanish Residency: EU nationals

  • Healthcare. We can homologate your national EU healthcare with Spain’s Social Security so you can benefit from your acquired rights in Spain in equal footing. This is particularly advantageous for senior citizens allaying their healthcare fears on living in a fellow EU member country.

 

More on this service: Social Security Homologation

II. Spanish Nationality

We also offer a specific service for those seeking to apply for Spanish nationality.

A Spanish passport is amongst the top 5 in the world following the prestigious annual ranking elaborated by Arton Capital and Henley & Partners (Henley Passport Index). It allows unfettered access to 187 countries without a prior visa (out of 195 countries worldwide).

More on this service: Spanish Nationality

 

III. Other Non-Resident Services

  • NIE number

This is a tax identification number for non-residents that is required to pay taxes in Spain and carry out almost any administrative procedure, including renting or buying property – simply essential.

  • Opening a bank account in Spain
  • Exchanging your driving licence
  • Finding a reputable estate agent
  • Finding a competitive exchange rate company
  • Arranging a mortgage loan
  • Conveyancing (buying or selling property)
  • Contract-drafting
  • Litigation
  • Spanish wills
  • Inheritance (probate & succession)
  • Setting up direct debits for taxes, rates and utility supplies (water, electricity etc)
  • Attain a Tourist licence for holiday rentals in under 24 hours (only Andalusia)
  • Wealth planning
  • Holiday rentals taxation
  • Non-resident taxation
  • Company incorporation
  • Off-the-shelf companies
  • Etc.

 

Conclusion

If you plan to relocate to Spain, Larraín Nesbitt Abogados has over 17 years’ experience assisting expatriates. Calls us and one of our friendly staff will guide you through the wide range of immigration and residency services available from us.

Our client’s testimonials, collated over the years, are truly our best business card and a testimony to our team’s good work.

 

"Always follow your own heart and go your own way.Marie Fredriksson

Marie Fredriksson (1958 – 2019). Was a Swedish pop singer, songwriter, pianist and painter. She is best known as the lead vocalist of the duo Roxette, alongside Per Gessle. The duo achieved international success in the late 1980s and early 1990s. Their classic hits became staples of Hollywood's most romantic movies of the time (i.e. Garry Marshall's iconic Pretty Woman). They rank, along with ABBA, as one of the all-time best Swedish pop bands. For 17 years she would wage a relentless battle against brain cancer, finally succumbing on the eve of 9th December 2019. She would not allow cancer to define how she lived and always went her own way. 

 

Larraín Nesbitt Lawyers, small on fees, big on service.

Larraín Nesbitt Lawyers is a law firm specialized in conveyancing, inheritance, taxation, and litigation. We will be very pleased to discuss your matter with you. You can contact us by e-mail at info@larrainnesbitt.com, by telephone on (+34) 952 19 22 88 or by completing our contact form.

Immigration & Residency services available from Larraín Nesbitt Lawyers

 

Related articles

 

Article also published at Spanish Property Insight: Relocating to Spain? Immigration & Residency services

Please note the information provided in this article is of general interest only and is not to be construed or intended as substitute for professional legal advice. This article may be posted freely in websites or other social media so long as the author is duly credited. Plagiarizing, whether in whole or in part, this article without crediting the author may result in criminal prosecution. VOV.

2.019 © Raymundo Larraín Nesbitt. All Rights Reserved

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