This firsthand experience about the Spain Non Lucrative Visa at the New York Consulate offers crucial lessons for anyone under retirement age considering this route.
“I don’t want to scare anyone but I think posting here, what my experience was applying for the NLV at the Spanish Consulate in NYC was like, would help prepare you to be ready for anything and have a backup plan.
The TLDR is that it is possible to meet or greatly exceed every qualification and still be denied for no explained reason. For those who want the deets, read on.
I signed up through (A private luxury relocation company) – a group that you pay to help guide you through the process. They provided me with an immigration lawyer in Spain who sent me a list of documents to prepare for my April 24th interview at the Consulate.
I made sure I had everything ready to go, notarized, signed, apostilled, translated – everything my lawyer had given me.
The interview was more of a DMV window. I don’t know what I was expecting – maybe sitting down at a table and going over my docs together and answering questions, but it was more informal and felt quite public so I probably gave shorter responses to their questions than I would have if we had more privacy.
My consular officer gave me a list of four things I lacked that my immigration lawyer hadn’t told me I would need, so I happily traipsed around midtown getting everything I needed over the next hour, and came right back.
She, again, took all of my paperwork and then handed me another piece of paper and told me I had ten days to return with even more documents. I don’t know why she made me run around NYC for the nearby things when she was just going to give me another list and ten days, but whatever.
The list was stuff like a letter from the senior staff at the company I helped found explaining I no longer worked there and what my role had been. Three years of tax returns – state and federal – translated by a sworn translator and apostilled. This alone cost $3600 to put together in a hurry.
This list appalled my Spanish immigration lawyer. He felt like they may be putting me through extra scrutiny because I didn’t exactly resemble the standard retiree.
But an ex, a former State Department diplomat, told me the docs they asked for were ‘fairly standard’ so I wasn’t sure who to believe. Later I came to understand that it’s a bit of a moving target. As soon as you understand the requirements, the list changes.
I then returned before my ten days were up with everything they had asked for, and waited. A month later, she called and told me to bring in my passport for the decision. I returned the following morning and she handed me a piece of paper saying I had been denied.
This visa forbids you to work, and they had GOOGLED ME and found a t-shirt design I had made eight years ago for Cotton Bureau, and concluded from this I was still working. (!)
Again I wondered why my immigration lawyer never told me they might Google me for randoms. He claimed they NEVER Google you – they work with the docs you bring them. So I was like ‘Well clearly they do now’.
To be fair, it’s still incredibly stupid of course. Isn’t the whole point of promising not to work supposed to be so you do not take jobs from Spanish citizens? Even if I were making passive peanuts from an American T-Shirt company, why would they care? Especially since I’d be likely to spend that money in Spain. It doesn’t make sense.
I got the appeal ready the following Monday explaining it was essentially a website I didn’t own, but that the company agreed to take my design down. I waited another month for the results of my appeal.
This time I got an email telling me to come in for the appeal results. So I returned to NYC from Connecticut last Wednesday night and showed up Thursday morning. Again, she handed me a piece of paper telling me my appeal was denied. The paper was less clear and more full of legalese than the first denial. It is in Spanish, so as before, I ran it through Google Translate, but this didn’t help.
It appeared to suggest that they believed I was still working, but didn’t tell me why. I sent it to my immigration lawyer, and he said: ‘This is indeed infuriating, as they have made up their mind about you working regardless of what we say; affidavits, factual proof of not working and even the corrections we made for the appeal (which were already unnecessary in our opinion, as the reason for the original denial was flimsy to begin with).’
So that’s that. The whole thing was completely absurd. They had my tax returns. They had my bank statements. I have enough money to not work ever again if I so choose – 40x the required minimum. And they chose to believe I was still randomly working anyway. Totally irrational.
I am now planning to do the Malta Permanent Residency Program. I wish you all better luck.”
Questions and Answers
Q: Is there a minimum age requirement for the Spain Non Lucrative Visa?
“A: No, there is no official age requirement. But consulates often scrutinize applicants under retirement age more strictly.”
Q: Is it normal for the consulate to ask for three years of translated tax returns?
“A: Yes, especially in New York. Several applicants have noted that the NYC consulate regularly asks for this even if it’s not listed online.”
Q: Can you call the NYC consulate if it’s been more than 30 days without a response?
“A: No, they generally do not have a phone contact. Email is the only way, but make sure your phone number was recorded correctly.”
Q: Should passive income like royalties or shares be disclosed?
“A: Yes, but clarify it’s passive. Many report being denied due to perceived ‘ongoing work’ even if income is residual.”
Q: Is it common for consulates to Google applicants?
“A: While not officially acknowledged, many in the community report being denied due to LinkedIn profiles or online presence suggesting ongoing work.”
Comments
“I was 38 when I did mine and had no issues, so it really depends on the consulate and even the specific officer.”
“I’m in my thirties and submitted mine at NYC. It’s been over 30 days and I haven’t heard anything back. They requested more paperwork too.”
“For 20k, (your relocation) agent should have told you exactly what to prepare. I got approved in two weeks in DC with no lawyer and did everything myself.”
“They definitely Google applicants. I deleted my LinkedIn before applying because I’d heard of rejections based on old professional profiles.”
“With 1.3 million in savings, you’d think this would be enough. Spain should just make a retirement visa if they only want people over 60.”
“I’m 46, applied through NYC, and now considering switching to DC. I’m a dentist, and can’t legally work in Spain anyway.”
“France, Italy, and Portugal have easier paths. France even gives access to healthcare faster than Spain, and has lower financial requirements.”
“This has pushed me to look into France instead. Spanish rules seem inconsistently enforced depending on where you apply.”
Conclusion
This firsthand account highlights the unpredictable nature of the Spain Non Lucrative Visa process at the New York Consulate. Despite meeting or far exceeding financial and legal requirements, applicants—particularly those under retirement age—can face denials based on subjective interpretations and online presence.
The story underscores several key lessons:
- Requirements vary by consulate and can go beyond what’s listed online.
- Age bias, while unofficial, may affect outcomes.
- Applicants should carefully manage their digital footprint.
- Hiring a visa agency or lawyer doesn’t guarantee success and may not prepare you for consulate-specific nuances.
- Alternative EU residency programs, like those in France or Malta, may offer clearer paths for early retirees.
Ultimately, preparation, transparency, and adaptability are essential when applying for the NLV—especially through the NYC consulate.
Disclaimer: The content of this article is based on personal experiences and contributions shared by members of the Spainguru community. It is provided for informational purposes only and does not constitute legal, financial, or professional advice. Always consult a qualified expert for guidance specific to your situation.
