Spain’s immigration regulations are undergoing significant changes, with the proposed reform affecting the Spain non lucrative visa among other immigration categories. These reforms could have far-reaching consequences for those seeking residency in Spain. However, questions remain regarding when these changes will actually take effect. Let’s break down the key aspects of the reform and the potential timeline for approval.
Key Changes in the Spain Non Lucrative Visa
The proposed reform includes two crucial changes for holders of the Spain non lucrative visa:
- Minimum Stay Requirement: Under the new rules, visa holders must spend at least 183 days per year in Spain to renew their visa. This change clearly establishes that all Spain non lucrative visa holders will become tax residents, a significant shift from the current ambiguity, where a supreme court ruling permitted the non lucrative residence renewal without triggering tax residency, allowing for a degree of uncertainty around the legal minimum stay obligations.
- Renewal Period Extension: The visa renewal period is set to increase from 2 years to 4 years after the initial year of residency. This provides longer-term stability but further ties visa holders to the new requirement of staying over 183 days per year.
Timeline for Approval: Optimistic or Realistic?
Spain’s Minister of Inclusion, Social Security, and Migration recently announced that the new regulations could be in place by the end of October 2024. However, immigration experts are skeptical of this timeline. The period for consultations on the draft ends on September 10, 2024, after which the text must undergo several procedural steps and potentially, be partially changed.
The Draft Proposal
Article 64. “Renovación de la autorización de residencia
temporal no lucrativa” – Renewal of non-lucrative temporary residence authorization
Article 64. 2. f)
Article 64. 7
The Role of the Council of State
Following the consultation phase, the draft will be reviewed by the Council of State, which is responsible for issuing a formal report. Experts are emphasizing the importance of a thorough review process to ensure the legal soundness of the regulations. There are concerns that rushing this process could lead to legal ambiguities or even challenges in court, resulting in further delays or complications.
The Risks of Rushing the Process
According to immigration professionals, it is better to take a cautious approach, allowing more time to finalize the text. While the government is pushing for approval by the end of October, a more realistic timeline may be November or December 2024. This would ensure that the new regulations, including those affecting the Spain non lucrative visa, are carefully crafted, minimizing the risk of legal challenges and ensuring clarity for both visa holders and immigration authorities.
Publication and Entry into Force
After passing through the Council of Ministers, the new regulations must be published in the Boletín Oficial del Estado (BOE). Once published, the rules could either come into effect immediately or within a month. This step is crucial for the changes to become legally binding, but it could also extend the timeline beyond the government’s current estimates.
Conclusion: What to Expect for the Spain Non Lucrative Visa
While the government is pushing for swift approval, it is likely that the changes to the Spain non lucrative visa will not be finalized until late 2024. Immigration professionals are urging a more measured approach to ensure the new regulations are free from legal issues and can be implemented smoothly. For those considering applying for or renewing their non-lucrative visa, it’s important to stay informed and prepared for the potential changes that could make tax residency in Spain unavoidable.
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