Question about a non lucrative Spain visa
I’m a US Citizen looking to move to Spain on a non lucrative Spain visa. I keep hearing conflicting information. I make money as a consultant but none of my clients are in Spain. Do I qualify for a non lucrative visa? Or can only retired people qualify? My friend said she was able to get a non lucrative visa and she said she told the Spanish government she works with US clients.
Answers
These are the answers of Spainguru Facebook group members:
“Probably not. Spanish consulates in the US have changed the rules on this and are pretty strict about this now. They want to see passive income only now. You could perhaps try applying with lump sum savings instead of income, but I don’t know if you will be successful. An autonomo visa is one alternative.”
“If you have the financial requirements as money in the bank or non-work income you should be fine. We got ours in October and that’s all they cared about. If you need to use your consulting income to prove sufficient means, you’ll have a problem.”
“I recently spoke with an immigration lawyer based in Madrid (about a month ago), and they checked on something similar for me with the Spanish Tax Authority. The answer they got was that as the director of a company receiving income from that company (I’m the owner also), I’m allowed to have income from that company as long as the invoices are billed in the name of the company. Specifically, they said “After discussing it internally and double checking with the Spanish Tax Authorities, we can confirm that, as your income comes from an LLC, you will not have the obligation to register in Spain as an Autonomo. Therefore, you would be able to request the Non Lucrative VISA.” They also said, “You would not need to register with the Spanish Social Security, in case you keep on working with your company in the US and you issue the invoices in the name of the company even if you appear as the provider of the service.” This also may be specific to the L.A. consulate, as that’s where I’ll be going through too. I think you may need to show proof of financial means as well, although this same immigration attorney said the consulate will accept part of that as a letter from a credit card company saying you have credit available in whatever amount.”
“Check with your consulate. The rules have changed this year and as far as I know no consulates are allowing any type of remote work with a NL visa. Every consulate has different rules. LA was asking to see tax returns to prove you don’t have a mortgage in the US (the only consulate that does that). They would see your income there. There are a lot of people here working remotely that got their visas before the rules changed.”
“Our understanding is yes as long as you bill your US clients and declare the income in the US. Different if you register your business in Spain in which case you must do an entrepreneur visa application.”
“Check this article out, it may be helpful! https://spainguru.es/2021/09/13/is-it-possible-to-work-remotely-on-a-non-lucrative-visa-in-spain/“
Conclusion
In conclusion, according to Spainguru Facebook group members, the eligibility for a non lucrative Spain visa can vary depending on your specific circumstances and the rules of the consulate you apply through. While some members have reported success in obtaining the visa by demonstrating financial means through savings or non-work income, others have encountered stricter requirements in recent times, with consulates showing a preference for passive income sources.
Additionally, there may be variations in the rules and interpretation of the non lucrative Spain visa criteria among different consulates, so it is advisable to consult with your local consulate and possibly seek legal advice to determine your eligibility based on your unique situation. Ultimately, the key to a successful application for a non lucrative Spain visa lies in understanding and meeting the specific requirements of the consulate you are dealing with.
