Residency in Spain for Non-EU members

Along with any person not native to Spain, after a set period of time you must by law apply for residency if your stay is to be prolonged. 
 
ABAD solicitors are able to assist and advice in gaining residency, however for residency the individual must be present.  
 
Non-European Union citizens are eligible to visit Spain on a tourist visa, where applicable, for up to three months (90 days), after that period, they are by law obliged to apply for residency, if their intention is to stay, whether for work, retirement or education. This rule is set for everyone, the only element that changes slightly is the process they go through to achieve it. 
 
Recent regulation allows persons from the USA, Australia, New Zealand to enter Spain without a visa at the moment, as long as their stay is within the 90 days, everyone else will need a visa. Visa can be collected from a Spanish embassy in the country of origin. 
 
Persons wanting to extend their stay in Spain must gain procession of a residence card (Tarjeta de residencia) which is their visa and permit to live in Spain. 
 
If the intention is to directly live in Spain, then you have 30 day upon arriving to submit for a residency card. You must also present yourself at a designated police station or office.
 
Everyone applying will be told what documents they will need to in the submission of papers. Each application can be different according to the individual’s case.   
 
The following are standard documentation that most applicants will be, as well as any other depending on individual.
 
Photocopies of your passport
 
Evidence of present address, and reason for residency, like a work contract.
 
Passport sized photographs 
 
Financial evidence, showing how you plan to support yourself.
 
Any other documents asked for, will be dependent on individual situation, and any changing regulations. 
 
The residency card acts in the same way as the residency page for European Union citizens. Both forms of residency are initially valid for one year. Upon renewal, which must be done before it expires, the time between renews will increase.    
 
Investor Visa
 
To obtain an Investor Visa it is required to invest, at least, 2 million euros in Spanish sovereign debt or 1 million euros buying Spanish companies’ stock or in Spanish bank deposits. As soon as the investment is done there is a 60 day deadline to request the visa.
 
Along with your visa application you´ll have to prove your investment, in order to do it you´ll need one of these documents:
 
  • If you have invested in Spanish companies’ non-listed shares you´ll have to attach the investment declaration statement previously submitted to the Foreign Investment Registry.
 
  • However, if you have acquired listed shares then the mandatory document to enclose is a duly registered certificate from your financial intermediary.
 
  • In case you have invested in Spanish sovereign debt the financial intermediary or the Spanish Central Bank must issue a certificate stating that you are the sole owner of the investment for at least 5 years.
 
  • Finally, when investing in bank deposits, it is needed a different certificate from the specific financial entity ensuring sole deposit ownership.
 
Abad & Asociados Lawyers can guide you on this new law providing you peace of mind and obtaining all the necessary documents for you to obtain your Investor Visa. 
 
It´s important to stress that regardless it is obtained the Investor Visa it only lasts one year. After it has expired you will need a Resident Visa, which grants a renewable two-year stay period.
 
In order to obtain this new Visa is required to fulfill the following additional requirements:
 
  • Application must be made by the end or within 90 days since the Investor Visa expiry date. 
  • Have visited Spain at least once during the previous Visa period. 
  • Must maintain the initial requirements for the Investor Visa.
  • Tax and social security regulations observance
 
As you probably know thanks to the Schengen Agreement as soon as Spanish Visa is obtained you´ll be able to freely travel across the EU. 
 
Real Estate Visa
 
You can qualify to get a Real Estate Visa by investing 500.000 € or more in the acquisition of Real State in Spain, but bear in mind the initial investment of 500.000 € must be free of any charges, liens or encumbrances.
 
To prove the purchase a certificate from the Property Registry must be enclosed alongside the visa request. Certificates dated 91 days before the visa application or more won´t be valid. However, if the Property Registry registration is being processed a title deed authentic copy and proof that the Property Registry presentation seat has been done or renewed within 60 days before the visa request is needed as well.
 
It´s important to stress that regardless it is obtained the Real Estate Visa it only lasts one year. After it has expired you will need a Resident Visa, which grants a renewable two-year stay period.
 
In order to obtain this new Visa is required to fulfill the following additional requirements:
 
  • Application must be made by the end or within 90 days since the Real Estate Visa expiry date. 
  • Have visited Spain at least once during the previous Visa period. 
  • Must maintain the initial requirements for the Real Estate Visa.
 
The Schengen Agreement on the EU Countries means that as soon as Spanish Visa is obtained you´ll be able to freely travel across the EU, with the benefits for you and for your Company that this could means. Abad & Asociados will be delighted to advice and help you on the process of obtaining this Visa.

 

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