Debra 123 wrote on Wed Jul 14, 2021 9:34am:
Thanks for this and I do appreciate you are trying to help us and for that I am very grateful. I've just reread the up to day guidelines for sorting the NLV and I am still content that it is this document, together with with NI Number (which we will acquire before buying our property) will suffic...
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...e for us to spend 6 months in Spain, working remotely for my UK employer, and returning to the UK as we see fit (unless I've missed something, but I don't believe I have). If you are aware of something that I've missed I would be very grateful if you are able to point it out to me.
Thanks
Neil
Hi Neil, you are correct in that an NLV allows you to spend more than 90 days here - HOWEVER an NLV is a path to residency as your initial NLV is valid for 12 months, after which if you wish to retain it, you are obliged to renew for a two year period.
The issue that then arises is that to retain the NLV you must comply with rules of continuous residency which state that you may not spend more than 10 months in total in a 5 year period outside Spain.
The other option then is to apply for an NLV every year, however as it is a path to residency, there is no guarantee if you let it lapse that a second application will be granted - quite apart from the fee of £518 for the application itself - every year? Ouch!
If it becomes apparent that you are using the NLV to try and get round the 90/180 restriction each year, it won’t be granted.
Another consideration is that once an NLV is granted you have 90 days to arrive in the country, and thence 30 days to apply for your TIE. Once your TIE is granted, you become a temporary resident of Spain, which means you are obliged to file a tax return here for all income gained worldwide, and the no more than 10 months in 5 years outside Spain rule comes into force.
As stated, the NLV is a path to residency in Spain, it’s not a way round the 90/180 rule, leaving you the ability to retain UK residency and tax residency. Sorry.
EDIT: Meant to add that once you become a temporary resident (i.e. take up your NLV) you will be obliged to surrender your UK driving licence and take a driving test to obtain a Spanish Carnet de Conducir. You cannot “holiday” in Spain for 6 months on an NLV - well you can - but only once.