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Non Lucrative Visa

Call1ePosted by Call1e on Wed Feb 24, 2021 11:43am in General discussion
169 replies12580 views20 members subscribed

Hi Everyone.

We thought people would be interested in our journey to the Non Lucrative Visa so here goes.

We currently own an apartment in Mojacar which we are very happy with. However we are now thinking about living in Spain full time. Yes we know we've missed the Brexit rush for residencies but Brexit is not the end of the story. So the Non Lucrative Visa? Our understanding so far following contacts with our Spanish solicitor and the Spanish Embassy in Manchester.

Firstly you need to complete 2 forms found online EX-01 and 790-52. These are personal details with English notes to help.

You will need to fit the financial criteria for earnings or earnings plus savings or you application will not proceed.

You need two Schengen size photos which you can manage at several online sites.

You will need a medical report highlighting any major ailments. (Doctors surgery will suffice). I believe translated to Spanish. 

You will need a criminal history check (Application can be made on line) . Again I believe translated to Spanish.

A private health insurance is required prior to authorising the Visa equivalent to Spanish National Insurance. This can be via a Spanish or UK company operating in Spain. I believe this is not required if you are on state pension as it then becomes reciprocal care between UK and Spain. This seems to cost about €7-800.

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Two visits will be required to the nearest Embassy in the UK. This cannot be done in Spain. Eventually NIE numbers will be issued and fingerprints taken before the visa and TIE is issued. You then become a Spanish tax resident once the visa is activated

You have to be resident in Spain within 3 months or the visa will be cancelled.

I think that's it as far as we are aware. This can be done without a solicitor and obviously costs are saved. There are obvious costs in the health and crime checks along with translation costs.

There are then financial implications. If you on a private pension or have other incomes this has to be declared and tax paid in Spain obviously the UK government needs informing of residency when you will no longer be eligible to NHS care. If you own a UK property which you fail to sell before taking Spanish residency you will be eligible to pay Spanish capital gains tax on the profit you have made! Spanish personal taxes are not as good as UK and you will pay more tax on earnings and investments.

Now having said all that I would be obliged if someone can tell me if I'm right on all points or have I entered something wrong or missed something out. 

Hope this is helpful and opens a good positive debate on the pros and cons.


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Call1e

Call1e

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ian948

Posted: Thu Feb 25, 2021 9:35am

ian948

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Joined: 23 Oct 2018

Posted: Thu Feb 25, 2021 9:35am

Has the issue of restriction on remote working appeared on your contacts with Spanish consulate - in USA for NLV they do not permit any form of work .

Also - it is possible to become resident but not tax liable in year 1 if you become resident after July 4th - this sometimes useful regarding the dreaded capital gains tax on house sale. 

If married apostile of certificate is required ?

And finally do they mandate all documents only have 3 month validity so you have to time your application before any docs validity expires ?

From my compatriots experiences in USA each consulate can have it's own peculiar rules as well - so suspect UK could have different requirements to some other places.

Good luck , please keep sharing info this is very interesting.

Call1e

Posted: Thu Feb 25, 2021 10:14am

Call1e

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Posts: 92

99 helpful points

Location: Mojacar

Joined: 4 May 2019

Posted: Thu Feb 25, 2021 10:14am

ian948 wrote on Thu Feb 25, 2021 9:35am:

Has the issue of restriction on remote working appeared on your contacts with Spanish consulate - in USA for NLV they do not permit any form of work .

Also - it is possible to become resident but not tax liable in year 1 if you become resident after July 4th - this sometimes useful regarding the dreaded capital gains tax on house sale. ...

...

If married apostile of certificate is required ?

And finally do they mandate all documents only have 3 month validity so you have to time your application before any docs validity expires ?

From my compatriots experiences in USA each consulate can have it's own peculiar rules as well - so suspect UK could have different requirements to some other places.

Good luck , please keep sharing info this is very interesting.

Hi Ian 948.

Thanks for coming back on this topic. The embassy are very busy with visas following Brexit as it's the only avenue in now for those wishing to stay more than the 180 days. Those days are total for the Schengen area so if you drive it includes the days you travel via France.

On my original post I forgot the need for the authorised or stamped marriage certificate. I believe the UK has an authentication department who will verify documents. The visa and all documents will expire at 3 months as far as I've been told. That compacts the time for collation and presentation right down. I guess crack on with the forms and complete them first as the other documents will need time for translation.

Our solicitor told us that Spains financial year runs  from 1 January unlike UK's 1 April, therefore if you spend less than the permitted 180 days then you don't pay Spanish tax for that year.

As regards remote working for a company Im not certain. You can get a separate type of visa for setting up a business  as long as criteria is met.

The criminal record is described as a certificate of conduct issued by the country of applicant. This document must be translated into Spanish by a sworn translator and with the Hague Apostille if the country is a member, otherwise verified by Spanish Authorities in the country of issuance.

The current financial means for entry is 2200€ per month £1750 for main applicant and 550€ or £440 for second.

Hope that helps 👍

DarioMartin

Posted: Thu Feb 25, 2021 10:23am

DarioMartin

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Joined: 16 Aug 2017

Posted: Thu Feb 25, 2021 10:23am

Call1e wrote on Thu Feb 25, 2021 10:14am:

Hi Ian 948.

Thanks for coming back on this topic. The embassy are very busy with visas following Brexit as it's the only avenue in now for those wishing to stay more than the 180 days. Those days are total for the Schengen area so if you drive it includes the days you travel via France.

On my original post I forgot the need for the authorised or stamped marriage certificate. I believe the UK has an authentication department who will verify documents. The visa and all documents will expire at 3 months as far as I've been told. That compacts the time for collation and presentation right down. I guess crack on with the forms and complete them first as the other documents will need time for translation.

Our solicitor told us that Spains financial year runs  from 1 January unlike UK's 1 April, therefore if you spend less than the permitted 180 days then you don't pay Spanish tax for that year.

As regards remote working for a company Im not certain. You can get a separate type of visa for setting up a business  as long as criteria is met.

The criminal record is described as a certificate of conduct issued by the country of applicant. This document must be translated into Spanish by a sworn translator and with the Hague Apostille if the country is a member, otherwise verified by Spanish Authorities in the country of issuance.

The current financial means for entry is 2200€ per month £1750 for main applicant and 550€ or £440 for second.

Hope that helps 👍

Just a small correction - migration is now the only option for anyone wishing to spend more than 90 days, not 180 (it’s any 90 in a 180 day period)

Another thing to be aware of is that it is most definitely migration.  Rules of continuous residency will require that once you have taken up the visa, you may not spend any more than 10 months aggregate in a 5 year period outside Spain.

Call1e

Posted: Thu Feb 25, 2021 10:49am

Call1e

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Posts: 92

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Location: Mojacar

Joined: 4 May 2019

Posted: Thu Feb 25, 2021 10:49am

DarioMartin wrote on Thu Feb 25, 2021 10:23am:

Just a small correction - migration is now the only option for anyone wishing to spend more than 90 days, not 180 (it’s any 90 in a 180 day period)

Another thing to be aware of is that it is most definitely migration.  Rules of continuous residency will require that once you have taken up the visa, you may not spend any more than 10 months aggregate in a 5 year period outside Spain....

...

  Cheers Dario.

Yes the visa is not for extended holidaying in Spain it's for living. So the days allowed out of Spain are sufficient for holidays and visits outside Spain and personal requirements. Just like all countries.👍

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ianjan

Posted: Thu Feb 25, 2021 4:12pm

Posts: 22

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Location: Los Gallardos

Joined: 26 Nov 2017

Posted: Thu Feb 25, 2021 4:12pm

Hi , as we speak I am getting all the relevant paperwork together . I think it has been mentioned but CRC , marriage certificate need a Hague apostille certificate. It’s becoming expensive , but worth it in the end . If we can help each other PM me . I will be booking an appointment at the Manchester consulate next week   

Call1e

Posted: Thu Feb 25, 2021 4:42pm

Call1e

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Helpful member

Posts: 92

99 helpful points

Location: Mojacar

Joined: 4 May 2019

Posted: Thu Feb 25, 2021 4:42pm

ianjan wrote on Thu Feb 25, 2021 4:12pm:

Hi , as we speak I am getting all the relevant paperwork together . I think it has been mentioned but CRC , marriage certificate need a Hague apostille certificate. It’s becoming expensive , but worth it in the end . If we can help each other PM me . I will be booking an appointment at the Manc...

...hester consulate next week   

Hi IanJan.

We haven't started yet we're just collecting documents. Just looked at the Hague stamp and it seems a real phaff. (Is that how you spell phaff😅).

Let's know how you go in at the embassy. They don't get very good reviews!  Good luck. It's a bit of an adventure isn't it. 

Regards

Carole & Mark.

DarioMartin

Posted: Thu Feb 25, 2021 7:57pm

DarioMartin

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Posted: Thu Feb 25, 2021 7:57pm

Call1e wrote on Thu Feb 25, 2021 4:42pm:

Hi IanJan.

We haven't started yet we're just collecting documents. Just looked at the Hague stamp and it seems a real phaff. (Is that how you spell phaff😅).

Let's know how you go in at the embassy. They don't get very good reviews!  Good luck. It's a bit of an adventure isn't it. 

Regards

Carole & Mark.

If it helps I can recommend http://www.apostille.biz/ to do your Apostille of neccessary documents.  It is a fabulous service, reasonably priced and can be done online

Call1e

Posted: Thu Feb 25, 2021 8:58pm

Call1e

Original Poster

Helpful member

Posts: 92

99 helpful points

Location: Mojacar

Joined: 4 May 2019

Posted: Thu Feb 25, 2021 8:58pm

DarioMartin wrote on Thu Feb 25, 2021 7:57pm:

If it helps I can recommend http://www.apostille.biz/ to do your Apostille of neccessary documents.  It is a fabulous service, reasonably priced and can be done online

Thanks 👍

Brenver26

Posted: Sat Feb 27, 2021 6:39pm

Posts: 8

Location: Arboleas

Joined: 27 Feb 2021

Posted: Sat Feb 27, 2021 6:39pm

Hi there, just read your post and signed up for this forum. We want to live in Almeria and to be able to go this year. We are both retired so have a UK pension and will apply for a non lucrative visa. The form to download SC - 01 is in Spanish, do we have to translate this? Also do we need private health insurance as have UK pension? 

We are just starting out so this is all very new and at present all seems complicated.

Thanksfor this 

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