Can a husband working in the UK financially support his wife and children on a non lucrative Spain visa in Spain?
Question about the non lucrative Spain visa
Can a husband not living in Spain cover the funds needed for an NLV with his salary in another country?
i.e. my wife and children will be living in Spain on a non lucrative Spain visa.
I will be working in the UK and only be in Spain for less than 5 months a year so won’t need a Visa.
Answers
These are the answers of some Facebook group members:
”Best to ask an immigration expert. The funds must be shown for the full year in the applicant’s account. Plus the other requirements”
“We have been doing it for 5 years. You provided a letter to say he is the sole breadwinner, his payslips or letter of offer from his company stating how much he makes and a notarized statement saying he will continue to provide for you and allow you to live with the children in Spain. Makes it easier if the kids make a little statement to say they want to live in Spain to learn Spanish.”
”It sounds like your wife will be the one to apply for the non lucrative Spain visa, with the kids as dependents. It’s ok to show joint funds”
”This has been asked before. The answer is no, simply because the funds are from employed (salaried) work and as the purpose of this visa is based on non-lucrative funding, then she cannot claim they are passive in origin. The source of the funding has to be declared”
”Seek legal advice.”
”I have the funds in the bank to show, was wanted to buy a house with some of it, looks like I’ll have to rent until she becomes a resident”
”Husband can cover it but that funding can be a trigger for tax residency based on centre of vital interests, there is tax precedent for this”
”I have presented such a case, or rather I arranged it all and the client took it to the consulate and was approved. In the case I refer to, the wife supported the husband and child. We arranged for her to make a sworn statement at a UK notary and it was accepted without further issue. One problem I found was the refusal of some notaries to understand what I wanted, in fact, it was always a receptionist telling me they needed a court order in each case. Clearly not appropriate for a happily married couple! Eventually found one who listened and made a Statutory Declaration”
”Why do you want to show yourself when your wife applies for non lucrative Spain visa alone? Is there any good reason to do this? I do not think so. Your wife just shows enough funds in her accounts. And shows her regular income from you. What if she is a shareholder of the company that you run? You give her dividends or profits. There are many companies where husbands run the business and wives are just shareholders and investors. In your case, there is no reason to show you are her husband. If your wife alone applies, they do not ask for any marriage certificate. Why? you are not included in the non lucrative Spain visa application”
”We have been doing it for 5 years. You provided a letter to say he is the sole breadwinner, his payslips or letter of offer from his company stating how much he makes and a notarized statement saying he will continue to provide for you and allow you to live with the children in Spain. Makes it easier if the kids make a little statement to say they want to live in Spain to learn Spanish. Hope that helps”
In conclusion, according to Spainguru Facebook group members, the question of whether a husband working in the UK can financially support his wife and children living in Spain on a non lucrative Spain visa (NLV) has garnered various responses. While some members suggest it is possible to provide financial support from abroad through the demonstration of joint funds, notarized statements, and a declaration of the husband as the sole breadwinner, others caution that the source of funding needs to be clearly declared, and tax implications may arise. Legal advice is recommended, as the requirements and procedures for non lucrative Spain visa applications can be complex and subject to change. Ultimately, each case may be unique, and it is advisable to consult with immigration experts or authorities to ensure compliance with the specific regulations and requirements in place at the time of application.
