Question
Did anyone heard about the new law to come about not needing to stay 6 months in order the keep the Non lucrative Spain visa?
Answers
These are the answers of our dedicated Non Lucrative Spain Visa Facebook group members:
”I have but if your end goal is to become a permanent resident after 5 years with the NLV, you can’t be out of Spain more than 10 months in those 5 years”
”So I can’t remember where I saw this , but read it’s not the law, a lady fought this at won, there is a person I know who will know this answer to this but she is not in the group. She will tell your I’m sure free of any fees”
”Why would you want to be out as much as possible I thought the point was to live in Spain not UK hence getting the NLV”
”So what’s the point of all that hassle and cost to spend less time in Spain? Driving License exchange and all that”
”The NLV rule stated that you must complete 6 months each year to maintain your Non lucrative Spain visastatus and I have seen quite a few posts that say if you complete roughly 180 days then technically you have met the NLV 6 months obligation but not met the tax residency threshold.
A guy stated he was basing himself in Spain for 181 days per year then on day 182 he goes to work as a volunteer in Africa for the rest of the year. He said he renewed his NLV without any problems. Note that nowhere in the actual regs does it say you must complete 183 days, simply 6 months. Interesting interpretation”
”That was a court case regarding a specific health event. The law has NOT been changed. All visas, except the Golden Visa, require tax residency in Spain. For the Golden Visa residency over 183 days means becoming tax resident.
Any individual here on a visa, regardless of the source or the amount of income should do an annual tax return. Not doing so could compromise any visa renewal application and could compromise the opportunity to become a permanent”
Are you planning to move to Spain? Make sure to consult with our recommended immigration lawyers and tax experts!
”It’s not a law, the Supreme court simply stated that the ruling that states you cannot be out for more than 6 months is not a statute of actual Spanish law and therefore cannot be enforced as a law can be.
However, the legislators may well now introduce this as law so I would personally be very careful about thinking you can now get away with it. It doesn’t affect the 10 months in 5 years ruling if you eventually want to apply for long term residency”
”Taken from the original news source. It’s had been questioned that this rule for those who work and live in Spain and may sometimes need to extend the 183 days was unfair and they want, not sure if it’s approved but may be now, to allow it to be extended for these situations.
It’s not a “you can do anything, go anywhere rule” So those in receipt of pre Brexit, WA and Eu. It will be found in the BOE once it’s been updated, approved and published if it gets through Expay”
”Yes. My lawyer said the supreme court ruled that Non lucrative Spain visa has no minimum stay requirement. However, for those who aim for citizenship, then the 183 days per year will apply”
Conclusion
In conclusion, according to Spainguru Facebook group members, it seems there’s ongoing discussion regarding the Non lucrative Spain visa’s minimum stay requirement. The Supreme Court ruled there isn’t a statutory minimum stay, but this hasn’t become law yet.
Some suggest that for long-term residency or citizenship, maintaining around 183 days annually in Spain might still apply. It’s essential to watch for official updates in the BOE for any changes.
Related Articles
If you’re interested in learning more about the Non-Lucrative Visa (NLV) in Spain and its requirements, here are some useful articles:
- What is the Minimum Stay for a Spain Non Lucrative Visa?
- Supreme Court eliminates the 6-Month stay rule for Non Lucrative Visa holders
- The 183-Day Rule: Spanish taxes for the Spanish Non-Lucrative Visa
- Seasonal Work Restrictions with the Non Lucrative Visa
- How the 183-Day Rule impacts your Non-Lucrative Visa and tax obligations
