GOLDEN VISA IN SPAIN

The Golden Visa, also known as the golden visa, has emerged in recent years as a highly popular method for obtaining residency in Spain, especially among citizens not belonging to the European Union (EU). This special residence permit program is designed for those who wish to make a significant investment in Spain, offering a relatively straightforward way to settle in the country and enjoy its numerous benefits.

One of the main attractions of the Golden Visa is its simplified application process compared to other types of visas and residence permits. Unlike many other options, the Golden Visa requires fewer requirements and bureaucratic procedures, making it an attractive option for those looking to avoid complexity and delays in the application process. Additionally, the fact that only one visit to Spain per year is required to renew the visa adds an additional level of convenience and flexibility for visa holders and their families. The main requirement to obtain the Golden Visa is to make an investment in Spain, earning it the nickname “Investor Visa”.

This investment can take various forms, including the purchase of real estate, investment in shares of Spanish companies, bank deposits, or Spanish public debt. The minimum investment amount required varies depending on the type of asset chosen, providing applicants with a variety of options to suit their individual needs and preferences. In summary, the

Golden Visa in Spain represents an attractive option for those looking to settle in the country and enjoy its numerous benefits, from freedom of movement within the European Union to investment opportunities and the Mediterranean lifestyle. Its simplified application process and flexible requirements make it a popular choice among international investors looking to reside in Europe.

At ExpatFeliu, we have extensive experience in providing specialized advice and managing the visa process for foreign investors looking to establish themselves in Spain. This visa is granted not only to the main investor but also to their family members, provided that the corresponding requirements are met. Whether you are considering property purchases, investment in business projects, or financial assets in Spain, we offer the necessary guidance to apply for the Investor Visa. Contact us for more information and start your process hassle-free.

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Digital Nomad Visa: Your Guide to Remote Work in Spain

What is the Digital Nomad Visa?

Due to the changes society has faced and the development of new technologies, companies have been evolving in a digital realm that allows them to attract talent regardless of borders.

The Digital Nomad Visa is a type of visa or temporary residence permit that some countries have implemented to allow remote workers or digital nomads to live and work in their territory for a specified period, usually temporarily.

Who can apply for it?

The visa for international teleworkers, also known as the visa for digital nomads, is limited to teleworkers who are not part of the European Union. Therefore, within the general conditions, we need to consider:

  • The applicant for the digital nomad visa must be a teleworker from a third country (not belonging to the European Union).
  • The company with which the worker has a labor relationship must be located outside Spanish territory.

What Type of Worker Can Apply for This Visa?

Both dependent and independent workers who meet the criteria specified in the relevant regulations can apply for this visa:

  • They must be graduates or postgraduates from a reputable university or business school.
  • They should have the necessary and minimum experience of 3 years in the relevant field.
  • We can also differentiate between employees and self-employed workers:
    • Those working under a labor contract, with a minimum of 1 year of seniority with a company or group of companies. In this case, the company must have a demonstrable and continuous activity for at least one year.
    • Those working as self-employed professionals, with a minimum of 12 months of seniority.

Can I Work in Spain with This Visa?

You can work in Spanish territory depending on the employment status of the worker, as follows:

  • If you are an employee: You cannot work for a company domiciled in Spanish territory.
  • If you are self-employed: You can work for a Spanish company when the work you do is equal to or less than 20% of your total professional activity.

Can I Apply for the Digital Nomad Visa while in Spain?

Yes, you can apply for the visa from both within and outside Spain. Depending on the labor or commercial regime in which the worker falls, they may or may not work for a company established in Spanish territory.

 

While the requirements are specific in both the law and subsequent instructions that have been issued, it’s important to begin the process with experts who can review all the documentation in detail.

Are you a self-employed or employed worker who wants to experience remote work in Spain? At Expat Feliu, we provide comprehensive assistance to help you meet all the legal requirements. Contact us.

You can reach us by email at info@expatfeliu.com, or you can call us at +34 938 75 46 60.

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SPANISH NATIONALITY RIGHTS UNDER THE DEMOCRATIC MEMORY LAW

The Law of Democratic Memory in Spain, commonly referred to as the ‘Law of Grandchildren,’ was officially ratified on October 21, 2022, and became effective on the day following its publication.

This legislation presents an avenue for individuals to seek Spanish nationality under the following circumstances:

  1. Those born outside of Spain to a father, mother, grandfather, or grandmother who was originally Spanish but lost or renounced Spanish nationality due to political, ideological, religious, or sexual orientation reasons, resulting in exile.
    • To substantiate the exile, a presumption exists that considers individuals who traveled outside Spain between July 18, 1936, and December 31, 1955, as exiles. For departures occurring after this date, evidence of exile is required.
  2. Children born abroad to Spanish women who lost their nationality by marrying foreigners before the enactment of the 1978 Constitution.
  3. Adult children of Spaniards whose original nationality was acknowledged based on the right of option, in line with the provisions of the current law.

It’s important to note that this new law does not impose an age limit on applicants. However, applicants have a two-year window, starting from October 21, 2022, to complete the application process, with the possibility of a one-year extension.

If you require further information or legal assistance regarding the Law of Democratic Memory, please don’t hesitate to reach out to us via email at info@expatfeliu.com or by phone at 938 75 46 60.

For additional details, please visit our websites:

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THE SUPREME COURT DELIMITS MORTGAGE CHARGES DEDUCTIBLE BY NON-RESIDENTS

In the recent ruling 167/2013, of 13 February, the Supreme Court (SC) establishes that non-residents who own real estate located in Spain can only deduct from Wealth Tax (IP), and therefore, in the Temporary Solidarity Tax of Great Fortunes (ITSGF), the mortgages constituted for the acquisition or refurbishment of said real estate.

The Supreme Court stresses that in the case of taxpayers under real obligation, the delimitation of the taxable base of the tax is linked to the property and/or right located in Spain itself, so that the deductible debts are limited to the mortgage charges incurred to acquire or reform the property.

Consequently, if the taxpayer subsequently grants a loan secured by a mortgage on the property located in Spain (i.e. the loan is not linked to the acquisition or refurbishment), it will not be deductible, since, although the two debts are secured by the same property, the mortgage taken out to acquire or refurbish the property is a security interest, whereas a mortgage taken out subsequently and not used for the acquisition or refurbishment of the property is a personal debt secured by a mortgage on the property itself.

Therefore, non-resident taxpayers owning real estate located in Spanish territory must take this ruling into account in their investment and indebtedness strategies on real estate they own located in Spanish territory.

Expatfeliu can advise and support you in analysing the tax impact of your investment and debt strategies on your property located in Spain.

 

NEW SYSTEM FOR THE RECOGNITION OF OFFICIAL FOREIGN DEGREES

On 8 November 2022, Royal Decree number 889/2022 of 18 October came into force, which introduced a new “express” system of recognition and declaration of equivalence of officially valid degrees or diplomas obtained in the framework of foreign higher education systems.

Prior to this law, the procedure for recognition of foreign degrees could take up to 2 years, but now, following this reform, the public administration is obliged to issue a decision within a maximum period of 6 months from the receipt of the application (hence the name “express”).

If the homologation and equivalence procedures were initiated under the provisions of the previous Law, Royal Decree 967/2014, of 21 November, it will be possible to submit a new application as provided for in the reform, provided that you have not yet been notified of the hearing procedure in the previous file and that the new application includes a request for withdrawal of the previous procedure.

In these cases, it will not be necessary to pay the corresponding administrative fees again, provided that the previous fees have been paid correctly.

Finally, it is important to note that this Law only applies to official university degrees that correspond to studies already completed and that it only covers those professions regulated in Spain and contained in the annex of the Law itself.

If you need more information about the new “express” recognition and declaration of equivalence procedure, do not hesitate to contact us!

IMMIGRATION NEWS OF LAW 28/2022, STARTUPS LAW

Regarding foreign talent, the new law incorporates a set of immigration measures to facilitate entry and residence not only for highly qualified professionals but also for entrepreneurship and investment.

Law 14/2013, of September 27, 2013, to support entrepreneurs and their internationalization, is modified as follows:

1. The visa referred to the teleworkers of international character is incorporated.

2. Regarding the general requirements for the stay or residence, it is indicated that a certificate of criminal record in Spain and in the countries where he/she has resided during the last two years, for crimes provided for in the Spanish legal system, must be provided. Additionally, a responsible declaration of the non-existence of criminal records for the last five years must be submitted.

3.The chapter relating to entrepreneurs and business activity is modified, and it is indicated that foreigners who request to enter Spain or who, being holders of a residence or stay authorization or visa, intend to initiate, develop or direct an economic activity as an entrepreneur, may be provided with a residence authorization for business activity, which will be valid throughout the national territory and will be valid for three years. Once this period has expired, they may request the renewal of the residence authorization for two years, and may obtain permanent residence after five years. The application will be made by the interested party or through its legal representative and electronically to the Unit of Large Companies and Strategic Groups. In the event that the foreigner is outside Spain, the application for authorization and visa will be made simultaneously through a single request that will initiate the processing of authorization and visa consecutively.

4. The initial authorization of residence for investors is modified, which will have a duration of three years.

5. Likewise, the residence authorization for highly qualified professionals will be for three years or equal to the duration of the contract, in case it is shorter. Once this period has expired, the renewal of the residence authorization may be requested for two years, and permanent residence may be obtained after five years. Likewise, the period of validity of the national residence authorization for intra-company transfer will be three years or equal to the duration of the transfer.

6. In addition, the period of validity of the residence authorization for research shall be three years or equal to the duration of the hosting agreement or contract, if shorter. Once this period has expired, he/she may request the renewal of the residence authorization for two years, being able to obtain permanent residence after five years.

7. A new section is introduced, regarding the authorization procedure, where it is indicated that the passport will be a sufficient supporting document to register with the Social Security during the first six months of residence or stay in the categories regulated by this section and in those cases in which the foreigner is not in possession of a foreigner identification number (NIE), without prejudice to the subsequent application for the NIE.
8. The section relating to the visa for studies, job search and internships is modified and it is worded as follows: “Once the studies have been completed in an institution of higher education, foreigners who have reached at least Level 6 according to the European Qualifications Framework, corresponding to the degree accreditation may remain in Spain for a maximum non-extendable period of twenty-four months in order to look for a suitable job in relation to the level of the studies completed or to undertake a business project.

9. The period of validity of the residence authorization for internships is also modified, which will be of twelve months or equal to the duration of the internship agreement, if shorter. This authorization may be renewed only once, and the total period of the initial authorization and its extension may not exceed two years. In the case of an internship contract, the duration will be the duration foreseen in the contract and governed by the labor legislation applicable at any given time.

 

If you need more information about the novelties of the immigration law 28/2022, do not hesitate to contact us. Our experts will advise you and inform you about the novelties.

VISA AND RESIDENCE PERMIT FOR INTERNATIONAL REMOTE WORKERS

On December 22nd, 2022, the Law 28/2022, of December 21st, for the promotion of the ecosystem of emerging companies, known as the Startup Law, has been published in the BOE.

The purpose of the regulation is to establish a specific regulatory framework to support the creation and growth of emerging companies in Spain, aimed at promoting their relocation to Spain, attracting talent and international capital, as well as stimulating public and private investment in them, among other objectives.

On many occasions, workers in start-up companies can carry out their work remotely, as long as they have a computer and internet connection. Among other novelties, to regulate the residence of this profile of itinerant professionals and of many others who may choose Spain as a more stable place of remote working, a new category of visa and residence permit has been created.

The international telecommuting visa allows you to enter and reside in Spain for a maximum of one year – unless the work period is shorter – while its holders work for themselves or for employers anywhere in the world. The international telecommuting visa is a sufficient title to reside and work remotely in Spain during its validity. Within sixty calendar days before the expiration of the visa, international teleworkers who are interested in continuing to reside in Spain may request residence permit for international teleworking, as long as the conditions that generated the validity of the visa are maintained.

In addition, the residence permit for international remote working allows foreigners who are already regularly in Spain to request an authorization for a maximum period of three years -unless it is requested for a shorter period of work-, renewable for a period of two years -when the conditions that generated the validity of the permit are maintained-, being able to obtain permanent residence after five years.

The national of a third State is authorized to remain in Spain to carry out a work or professional activity remotely for companies located outside the national territory, through the exclusive use of means and computer systems, telematics and telecommunications;

  • In the case of carrying out a work activity, the holder of the permit for international teleworking may only work for companies located outside the national territory.
  • In the case of exercising a professional activity, the holder of the permit for international teleworking will be allowed to work for a company located in Spain, as long as the percentage of that work does not exceed 20% of the total of their professional activity.
  • Qualified professionals who can prove that they are graduates or postgraduates from prestigious universities, professional training centers and business schools of recognized prestige or with a minimum of three years of professional experience may apply for a visa or residence permit for telecommuting.

 

This assumption of “international teleworkers” is added to those provided for in Law 14/2013, of September 27th, on support for entrepreneurs and their internationalization, to benefit from all the advantages granted by that Law, not only in terms of the tight processing times, with positive silence at the end, but also because of the possibility of family reunification from an initial moment.

 

Finally, it should be noted that, with the aim of attracting and retaining talent, the validity of residence permits is extended from two to three years as provided for in the Law 14/2013, of September 27th, supporting entrepreneurs and their internationalization.

STUDENT VISA

The student visa is a residence authorization that allows non-EU citizens to stay in Spain while they study in public or private educational centers, carry out research in the country or participate in some type of training.

It is very important to bear in mind that the student visa is exclusively for citizens from outside the European Union.

The stay for studies is only an authorization to reside in Spain for the duration of the course, it is not a regular residence permit.

However, with the reform of the immigration regulations, it has become a great option for non-EU citizens. It allows you to work, automatically, 30 hours per week, and once you complete your studies (no matter how long they last), you will be able to change to a work permit in an easy and comfortable way.

However, you cannot obtain a student visa if you are from the European Union, since it is not required according to article 44 of the Royal Decree 557/2011 which states that all students from the European Union, the European Economic Area or Switzerland can stay in Spain while studying without a visa. This also applies to family members brought with them after a joint application.

It should be noted that it is possible to apply for the authorization of stay for studies while being a tourist in Spain, i.e. non-EU citizens can enter Spain with a tourist visa, enroll in the course and obtain the authorization of stay for studies, as long as they are not in an illegal situation in the country.

 

If you want more information about the student visa or you are interested in obtaining it, do not hesitate to contact us. Our experts in the field will help and advise you.

THE GOVERNMENT ELIMINATES THE «BEG VOTE» FOR SPANISH EXPATRIATES

On October 4, 2022, Organic Law 12/2022 came into force, which amends Organic Law 5/1985, of June 19, 1985, on the General Electoral System, which, since 2011, established the obligation of Spaniards living abroad to request or beg to vote.

 

Before the aforementioned reform, expatriate nationals had the obligation to «beg» to be granted the right to vote, generally to an electoral authority in their place of residence.

The limitation, which came into force in January 2011, raised several controversies, linked not only to the inconsistency of the obligation to request what is a constitutional right recognized to all citizens, but also derived from the cumbersome bureaucratic procedure that this request entailed: first of all, the short period of 25 days from the date of the convocation of the elections and the absence of a clear and unified procedure regarding the request for requesting the right to vote.

 

As a result of this reform, Spaniards abroad will receive the necessary documentation ex officio, by the Provincial Delegations of the Electoral Census Office corresponding to the address of registration of each person of Spanish nationality registered in the census of resident-absentee voters living abroad.

Likewise, the deadline for the deposit of the ballot in the ballot box is extended from 3 to 7 days and the possibility of downloading the ballot paper telematically is introduced, which will allow considerably shortening the deadlines for sending the documentation.

This is, as can be understood, a great step forward towards the debureaucratization of the system of voting from abroad, with the aim of facilitating the exercise of this right by all expatriate Spaniards.

 

If you are interested in how the new law on «beg» voting affects you, do not hesitate to contact us. Our team will inform you about the change made by the Spanish government for Spanish expatriates.