NLV and Its Requirements, Updated BOE 20/12/2024

As usual, the Boe has released their updates for the NLV for the New Year.

Due to the vast amount of incorrect information provided by both the general public and some "companies," I decided to compile the requirements from the BOE and present them in one place for everyone to see.

The Spanish link is below; this is my translated version and pertains only to the Non-Lucrative Visa in this post. It does apply to ALL NON EU Members.

I have put the main points in Blue and any important in Bold.

Please also note this does show that what ever visa one is applying for is purely for the individual or family and any information given on forums should always be checked with a Competent Professional and not those who think they may know or have done one previously, the changes are frequent and can be dependant on the issuing Clerk.

An important issue to highlight is the Capital Gains Tax.

Many individuals who want to avoid this tax only enter Spain after 183 days to avoid being considered a tax resident for that year, thereby avoiding any CGT.

The problem they face now is the tax return requirement; to renew, they must prove they have spent 183 days in Spain, making them liable for a tax return.

I am unsure when it takes affect but for certain it will be for any new applicants from this year, I will update when I know more.

See my article on taxes.

We have a Forum for Q&A,( See Below) Please feel free to ask on there, but please remember we are a business and calls need to be booked, feel free to email or message for assistance.

Non-lucrative temporary residence

Article 61. Definition and specific requirements.

1.      A foreigner, as well as their family members, who have been authorised to reside in Spain without carrying out work or professional activities, is in a situation of non-lucrative temporary residence.

2.  In order to grant an initial non-lucrative temporary residence permit, it will be necessary to prove the following specific requirements:

a)        Have sufficient financial means to meet their living and residence expenses, including, where appropriate, those of their family, during the period of time for which they wish to reside in Spain, and without the need to carry out any work or professional activity, in accordance with the provisions of this chapter.

b)        Have health insurance.

c)        Not be within the period of commitment not to return to Spain that the foreigner has assumed when voluntarily returning to his or her country of origin.

d)        Not to represent a threat to public order, public security or public health, a circumstance that will be accredited by checking the absence of a criminal record in Spain and assessing the corresponding police report.

e)        Have paid the fee for processing the procedure.

3. For the purposes of the non-lucrative temporary residence permit, the term family shall be understood in the following terms:

a)  The spouse, registered partner or duly proven stable partner of the person applying for the residence permit. A stable couple will be understood as one that proves the existence of a lasting bond. In any case, the existence of this bond will be understood if a period of marital cohabitation of at least one continuous year is accredited, unless they had descendants in common, in which case the duly proven accreditation of stable cohabitation will suffice.

b)        Unmarried minor sons and daughters, or who have not constituted their

own family unit, the applicant or his or her spouse, registered partner or stable partner.

c)        The adult children of the applicant or their spouse, registered partner or stable partner and who have a disability that requires support or who are objectively unable to provide for their own needs due to their state of health.

4. The initial non-lucrative temporary residence permit will be for one year.

Article 62. Economic means to be accredited to obtain a non-lucrative temporary residence permit.

1. Foreign persons who wish to reside in Spain without carrying out a work or gainful activity must have sufficient financial means for the period of residence of the authorisation, or prove a source of periodic income for themselves and, where appropriate, their family, in the following amounts, which are established as minimum and refer to the time of application for the visa or renewal of the authorisation:

a)        To support them, during their residence in Spain, an amount that represents 400% of the IPREM per month in euros, or its legal equivalent in foreign currency.

b)        For the maintenance of each of the dependants, during their residence in Spain, an amount that represents 100% of the IPREM per month in euros, or its legal equivalent in foreign currency, an amount to be credited in addition to that referred to in section a) above.

2.        In the cases provided for in letters a) and b) of the previous section, the overall amount of economic means must involve the disposition of the monthly amount calculated on the basis of the provisions of the previous section, in relation to the time of validity of the authorisation requested.

People should take note of 3, If asked to provide information an a bank statement, this is the requirement.

3.  Availability may be accredited by any means of proof admitted by law, including the provision of title deeds, certified cheques or credit cards, which must be accompanied by a bank certification accrediting the amount available as credit for the aforementioned card. (not a major accpetance)and is at their discretion

In the case of information relating to foreign accounts or financial instruments, it must include

a)The company name or full name of the bank or credit institution, as well as

as their domicile.

b) The complete identification of the accounts.

c) The date of opening or cancellation or, where applicable, the dates of granting and

Revocation of authorization.

d)  Account balances as of December 31 of the year prior to the year in which you file

of the application and the average balance corresponding to the last year.

If the financial resources come from shares or holdings in Spanish, mixed or foreign companies located in Spain, the interested party 8must accredit, by means of a certificate from the same, that he or she does not carry out any work activity in said companies, and must submit a declaration of responsibility to that effect.

Article 63. Procedure.

1.        A foreign person who wishes to reside temporarily in Spain without carrying out work or professional activities must apply for the corresponding residence visa at the competent Spanish consular office in accordance with Articles 38 and 39.

The application for the visa will entail the application for the non-lucrative temporary residence permit.

2.        The competent aliens office shall assess the requirements laid down in Article 61(2)(c), (d) and (e) for the granting or refusal of a non-lucrative temporary residence permit. ((61(2) is the Tax return Request.

3.        In order to assess the requirement established in article 61.2 d), the immigration office will obtain ex officio the report of the central registry of convicted persons to verify the absence of a criminal record in Spain and will obtain a police report on the applicant. These reports will be issued within seven days.

The existence of antecedents in the police report will not imply, in itself and automatically, cause for refusal of authorization. In this case, the competent body will assess on a case-by-case and detailed basis that the foreign person does not pose a threat to public order, internal security, public health or the international relations of any of the Member States of the European Union.

4.        The competent body will decide on the residence permit within a maximum period of one month from the receipt of the communication from the consular office. If this period has elapsed without a response, it will be understood that the application has been rejected.

The competent immigration office will record the decision in the corresponding application, for its knowledge by the Ministry of Foreign Affairs, European Union and Cooperation and by the corresponding consular office.

When the consular office does not have the necessary technical means for real-time access to the resolution mentioned in the previous paragraph, the central services of the Ministry of Foreign Affairs, European Union and Cooperation will send it electronically within twenty-four hours of receipt.

5.        Within one month of entering Spain, the holder must personally apply for the corresponding foreigner's identity card.

( This will never change and is not valid at this time, in those provinces in which its difficult to obtain appointements. )

Article 64. Renewal of the non-lucrative temporary residence permit.

Foreigners who wish to renew their temporary residence permit must apply to the competent immigration office for processing during the two months prior to the expiry date of the validity of their permit. The submission of the application within this period extends the validity of the previous authorisation until the resolution of the procedure. It will also be extended until the resolution of the procedure in the event that the application is submitted within three months after the date on which the validity of the previous authorisation has ended, without prejudice to the initiation of the corresponding sanctioning procedure for the infringement provided for in Article 52.b) of Organic Law 4/2000.  of 11 January.

8

2. For the renewal of a non-lucrative temporary residence permit, the foreigner must meet the following requirements:

a)    Be the holder of a valid non-lucrative temporary residence permit or

be within the period of three months after the expiration of the same.

b)   Have sufficient financial means to meet their living and residence expenses, including, where appropriate, those of their family, during the period of time for which the renewal corresponds, without the need to carry out any work or professional activity, under the terms established in article 62.

c)  Have maintained during the validity of the authorization that is intended to be renewed and continue with health insurance.

d)  Have the children in their care of school age in school

compulsory during their stay in Spain.

e) Have paid the fee for processing the procedure.

f)  Have actually and effectively resided in Spain for more than one hundred and eighty and three days during the calendar year. If one has done this then they will be required a Tax return during their first year in order to renew, under normal cicrcumstances!

3. The application, in an official form, must be accompanied by documentation proving that the requirements indicated in the previous section are met, among others:

a)   Copy of the complete valid passport or travel document, recognized as valid

in Spain.

b)  Documents that prove sufficient financial resources to meet their living and residence expenses, as well as health insurance, during the period of time for which they intend to renew their residence in Spain without the need to carry out any work or professional activity.

c)  Where appropriate, a report issued by the competent regional authorities accrediting the schooling of the minors of compulsory schooling age who are in their care.

4.   In the event that the documentation submitted with the application does not prove the schooling of minors of compulsory schooling age who are dependent on the applicant, the Aliens Office will inform the competent educational authorities of this circumstance, and will expressly warn the applicant in writing that if schooling does not take place and the corresponding report will be submitted within the one month, the authorization will not be renewed.

5.    For the renewal of the authorisation, the following reports will be assessed, where appropriate, upon ex officio request:

8a)   The possibility of renewing the residence permit of foreigners who have been convicted of the commission of a crime and have served their sentence, those who have been pardoned or are in a situation of conditional remission of sentence or suspension of sentence.

b)  Failure to comply with the obligations of the foreign person in this area

tax and Social Security during the validity of its authorization.

6.   For the purposes of renewing the authorisation, the foreigner's integration effort will be assessed.

This circumstance will be accredited by the provision by the foreigner of a favourable report from the competent bodies of the Autonomous Community of his or her place of residence recommending the renewal, mainly in the event that he or she does not prove compliance with any of the requirements for the renewal of the authorisation.

The report, if favourable, will certify knowledge of and respect for the constitutional values of Spain, the statutory values of the Autonomous Community in which one resides, the values of the European Union, human rights, public freedoms, democracy, tolerance, equality between women and men and, where appropriate, the learning of the official languages of the place of residence.

In the event that the report has not been issued within a period of one month, a circumstance that must be duly accredited by the interested party, this requirement may be justified by any means of evidence admitted by law.

7.  The renewed temporary residence permit will be valid for two years, unless it is necessary to obtain a long-term or long-term residence permit-EU.

8.        The application will be resolved and notified to the interested party within three months of submitting the application. After this period, it will be understood to be upheld.

9.        Within one month of notification of the resolution renewing the authorisation, the holder must personally apply to the competent Police Station for the corresponding foreigner's identity card.

We are always happy to assist,

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Source https://www.boe.es/boe/dias/2024/12/31/