The Spain Non Lucrative Visa (NLV) and the Spain Digital Nomad Visa (DNV) serve distinct purposes, with the former being for those not engaged in professional activities in Spain, and the latter for remote workers. Recently, a case shared in a Spainguru Facebook group by a legal professional has shed light on the possibility of transitioning from an NLV to a DNV, a process previously clouded in uncertainty.
The Case Study
A client, along with two dependents, successfully transitioned from the Spain Non Lucrative Visa to the Spain Digital Nomad Visa. This case was particularly complex due to the unique circumstances of the applicants and the inherent contradiction between the NLV’s non-working stipulation and the DNV’s work requirement. The application, submitted on October 24th 2023, was approved for three years, despite challenges such as the inability to apostille the Certificate of Incorporation.
Key Insights and Questions Addressed
- Qualification for DNV Despite NLV Restrictions:
- Question: How is it possible to qualify for the DNV, which requires proof of prior work, while holding an NLV that prohibits employment?
- Answer: The applicant’s lawyer provided evidence of work, such as invoices and bank statements, alongside the NLV approval. This approach acknowledges the reality that some NLV holders may work informally. The introduction of the DNV is seen as a move to regularize such situations.
- Transition Timing and Regular Immigration Status:
- Question: Is it possible to switch from a Student Visa or NLV to a DNV at any time?
- Answer: Yes, applicants can transition to a DNV from any regular immigration status, including NLV, Student Visa, or others, without waiting for a specific renewal period.
- Status During Visa Renewal:
- Question: Does being in the process of visa renewal count as regular immigration status?
- Answer: Yes, being in the process of renewing a visa is considered a regular immigration status.
Additional Insights
The success of this case brings hope to Spain Non Lucrative Visa holders looking to switch to the DNV. However, it’s crucial to build a strong case with the help of legal professionals. The Spanish authorities seem to prefer individuals to be on the appropriate visa, especially with the DNV now available as an option for remote workers.
Conclusion
This case exemplifies a successful transition from the NLV to the DNV, highlighting the importance of legal guidance and thorough documentation. It also reflects a broader understanding by Spanish authorities of the evolving nature of work and immigration. As the landscape changes, NLV holders working remotely might find the DNV a more suitable and compliant option.
Comments and Responses
- Extra Comment by a Lawyer: Recognition of the issue by the UGE subdirector, who noted that many Spain Non Lucrative Visa holders work and should transition to the DNV.
- Response from another lawyer: The lawyer agreed, emphasizing the importance of being on the correct visa and complying with tax obligations. The case was approached transparently, acknowledging the client’s NLV status rather than omitting it, anticipating stricter enforcement in the future.
This article incorporates the recent developments and insights from the Spain Digital Nomad Visa Spainguru Facebook group discussion, providing valuable information for those navigating the complexities of Spanish visa regulations. Join the discussion today!
