Trials and Tribulations of our Spanish Immigration Lawyers
The outcome of some Spanish residency cases never cease to surprise us. Even considering that we have successfully processed over one hundred and fifty applications in the last years, and that these cases are the exception -not the norm- both Spanish immigration civil servants and consular staff keep throwing at us, periodically, challenging decisions and behaviours that appear to mimic the antics of Spanish officials in this film, as opposed to an always simpler -and obviously preferable- direct application of the law on the matter.
I refer to a couple of inexplicable resolutions to residency applications (Investor’s and Non-Lucrative) that we thought were water-tight.
CASE 1: Russian couple that buy a property for €750,000 to obtain Investors Residency.
The case involves a couple that bought property over the threshold of €500,000 to qualify for residency. Spanish Consulate staff, on receiving our application, worked round the law to reject the applicants, verbally. Firstly, they argued that because the law said that “an investor who wishes to become a resident shall apply…”, it was not possible that a married couple applied together, unless they reached €1,000,000 the threshold. In this case they had invested €750,000 together. Secondly, they argued that the application should be filed within 3 months of purchasing the property.
In respect to the first ground for rejection, we argued that the law states that the investor the law refers can bring his wife and children under 18 years of age, within the same application. So, in practical terms, there is no difference between our application and what the law says. But to add more mystery to the Consulate’s decision, it so happens that Russian law states that, by default, assets acquired by the spouses during marriage are their community property, which means that regardless of whether either spouse buys in his/her name, or buy jointly, the property will be their community property.
The response of the Spanish Consulate in Moscow is: “…we will be guided by future case law in the matter”. That is, case law that will be produced in the next 5 years. That, or have either applicant transfer its 50% to the other so that, after thousands of Euros of costs, they can achieve the same result: have the property owned by both, through their “Community Property”.
CASE 2: Moroccan single applicant who applies for non-lucrative residency.
The lady in particular has 12 properties in Tangiers giving her just under €12,000 in monthly income (well above the €2,000/month minimum required to apply), €170,000 in cash in a Moroccan bank account and €130,000 in Spain, a jointly owned property in Estepona and no need to work for the rest of her life. The application included original documentary evidence of the above (duly translated) and so, according to the precepts of the law, should have been be plain sailing.
But it was not: the Spanish Consul, Arturo Reig Tapia, seemingly wanting to stamp his authority over his staff but lawmakers too, rejected the application on the following not-so-elaborate excuse: “…applicant did not show enough income”.
And in a fit of remorse, he inmediately called her in -following the rejection- to get a 4-year visa multiple entry visa to travel to Spain, whenever she felt like; it was clear to us that the Consul had decided that he would not apply the law in force to this case, for reasons he only knows.
Two cases that fortunately are the exception to the rule but, nevertheless, worth commenting on.
Have you had any experience with Spanish Consular staff worth mentioning? We would love to hear about your experience.
So why was the Russian couple rejected? Where they suspected of being criminals?
Hi Skip,
They have not been rejected as they have not yet applied but the feeling when talking to the Consular official was not a good one.
On a different note, applicants are required to prove an income, just as happens with the ordinary non-working residency, and in Russia, many applicants cannot demonstrate where they derive their income from, or prefer not to disclose it: this also poses special challenges.
This doesn’t surprise me at all. The Spanish government make up these laws to attract investment, only to refuse applicants as a result of unclear legislation. Perhaps this is the reason why only 80-odd applicants have successfully obtained their visa since the law came into force in September of last year.
Robert, I fully agree with you. And would add that the 500k threshold was always going to be, in my opinion, a silly amount that would put thousands of investors off, contrary to what ignorant conceited Spanish politicians thought: that their beloved Spain would be flooded with applications to buy half a million Euro properties.
It beggars belief how wrong they got it.
@Antonio Flores
Dear Antonio
However, as they say in Spain… ‘sin embargo’, it seems to have worked quite well in Portugal. I know it’s been running longer but I believe the most recent published figures showed around 400+ successful applications, and most of them going to the Chinese. Of course, you also have Latvia and Cyprus offering similar deals.
Getting back to Spain, maybe it’s still early days.
Robert, the problem here is that last year, according to the link below, Spain had 200,000 less foreigners (between those who left and those who acquired citizenship).
With that in mind, I’m sure that if we took on say 10-15 thousand a year who would invest in property (say at a threshold of €250,000), it would not alter the demographics and would bring in great revenue.
http://www.elmundo.es/espana/2014/01/17/52d913e9268e3e9b5b8b4577.html
I thought I’d give a try at apply for Spanish citizenship last year, since I’ve been married to a Spaniard and have lived in Spain for more than a year. After sitting outside the courthouse in Rubi since 5am, I got in and they said that I had an appointment to present my application in July…. 2017.
My American genes make me want to sue that my right to vote against Rajoy in the next election is being violated, but I’m not sure that would go anywhere.