Those from outside the EU who wish to apply for residency in Spain have to follow a complex application procedure. The differing residency status once acquired means that you need to abide by numerous stringent rules. One of the regulations does not allow you to be absent from Spain for more than six months in any one year, during the first five years stay without losing your residency status. Due to this ruling, there is no option to become a non fiscal resident during the first five years residency.

Is there an answer? The Golden Visa is a residency option for investors to Spain. There are various options which include: An initial investment to the value of equal to or greater than two million in Spanish public debt securities. One million euros in shares or participations of Spanish Capital companies with a genuine business activity. One million euros in bank deposits in financial institutions or, the the acquisition of of real estate in Spain with an investment value equal or greater than 500,000 euros free of liens or encumbrances.

Unlike the non lucrative visa, the Golden Visa will have a duration of two years. Investors who are interested in residing in Spain for a longer duration, may request the renewal of the residence authorisation for successive periods of five further years as long as you continue to meet the initial requirements. There is no need to reside in Spain for six months in any one year. The Golden Visa allows you to visit Spain once a year. This will ensure non fiscal residency status if that is your aim. Prolonged absences during the rest of the year will not exempt you from renewing your residency status.

The Golden Visa allows you to apply for residency for your spouse and dependent children.

Owning a Lawyer Smart Card will allow you to instruct an immigration lawyer and lawyers for other legal matters such as a conveyancing and tax lawyers. The card allows you to use the Call Centre to pose your questions.

Lawyer Smart Card is a top class network of dedicated lawyers who will be available to ensure you of a relaxed experience, supporting you through each step of the process.

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The anterior pertains to the UK Nationals and their family who are residing legally in Spain before December 31 2020. . The Withdrawal Agreement does not require physical presence in the host State at the end of the transitional period (temporary absences that do not affect the right of residence are accepted, as well as longer absences that do not affect the right of permanent residence).

The rights of British citizens and their families who start their residence in Spain after the transitional period will be those established by any Agreement that regulates the future relationship or, failing that, those established by the general domestic immigration regime.

The Document Tarjeta Identidad Extranjero (TIE) “Foreigners Identity Card”.

The procedure for obtaining this residence document is established based on whether the UK national: is the holder of a registration certificate, temporary or permanent; or, lacks the same for not having requested it before the date set forth in these instructions or for having arrived in Spain in the period comprised from the date set forth in these instructions (that is, after July 6) and the end of the transition period or at a later time.

In accordance with the EU Commission on the format and uniformity of the document in all EU member states. The validity of the same will be for five years for non permanent residents and ten years for permanent residents, evidencing the rights under the Withdrawal Agreement with the inclusion of the wording “article 50 TEU”  ““Issued in accordance with article 18.4 of the Withdrawal Agreement”.

The TIE can be solicited from July 6 2020.

Family members who have the right to residency under the Withdrawal Agreement, and arrive after the transition period, should make the residency applications within three months of arrival.

the procedure for holders of the green registration (residency) certificates can update the document for a TIE at the foreigners offices at the stations of the National Police.

First time applicants will use the new procedure of July 6 2020. The first step is to request an (online appointment) at the provincial immigration offices (extranjería). The authorities have three months in which to authorise residency status. The applicant will then have a month to complete stage two, making the application for the TIE at the foreigners offices of the National Police.

Lawyer Smart Card is a top class network of dedicated lawyers who will be available to ensure you of a relaxed experience, supporting you through each step of the process.

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Since the government approved confinement restrictions due to the coronavirus, most administrative offices closed. This included suspending the right of citizens to make appointments or proceed with their applications for residency during the confinement period. Due to the necessity of this important procedure and with the intention of avoiding long queues and a backlog, the government have made provisions for those wishing to take out residency. 

The government and the General Council of Lawyers have signed an agreement to expand the procedures for immigration procedures to be carried out electronically. The agreement has been put in place to avoid the future queues and long waits for citizens making residency applications. 

The new system will enable lawyers registered with the College of Lawyers to present documents electronically in representation of third parties to the relevant administrations including the offices of “Extranjeria”. 

Once we have notification that this method has been approved, we will add an update.

Lawyer Smart Card is a top class network of dedicated lawyers who will be available to ensure you of a relaxed experience, supporting you through each step of the process.

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