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Thread: Non Lucrative Residence Permit

  1. #1
    Junior Member
    Join Date
    Jul 2010
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    2

    Default Non Lucrative Residence Permit

    Hi,
    I'm from Brazil, residing in Brazil.
    By the Spanish Embassy website in Brazil the requirements for a Non Lucrative Residence Permit is relatively simple: they ask for medical clearance, police clearance and financial resources.
    I've tried get more information but was fruitless. The embassy personnel told me to follow the web site.
    I'm confused because I have seen different posts with other requirements.
    I'm ready to move forward, but I want to be sure when submitting my documents.
    I have s many questions, as follow:
    - When I apply, that includes my wife and two children?
    - What kind of financial proof? Bank statements? Property deeds?
    - Born in Brazil, makes me eligible to the "two years residence" in order to get the citizenship?
    - After one year of Non Lucrative Residence Permit, can I change my status to an Worker Permit that also leads to citizenship?
    All the information and guidance will be very much appreciated.
    Last edited by Gio; 07-22-2010 at 05:58 PM.

  2. #2

    Default Non Lucrative Residence Permit

    Hello Gio,

    First of all I would like to remind you that the Non Lucrative residence permit is aimed for those individuals that are in a comfortable financial status and are considered to be wealthy people, or are otherwise retired receiving high benefits form his/her country. They must prove before the immigration authorities that they are able to reside in Spain without having to conduct any economic activity to earn for a living. Therefore, the main requirements are related to the justification of their income, how they will manage to obtain funds in a regular basis without the need to work and where they are going to live. Generally, they expect you to already own a property in Spain.



    In response to your queries:
    • When I apply, that includes my wife and two children? Yes, you can include them ,and file a single application for each of them. You will have to credit you have an adequate dwelling for them, that you have financial means to support them, and if the children are in schooling age you will need to get a schooling plan for them and include in their applications.
    • What kind of financial proof? Bank statements? Property deeds? All of these are suitable, as well as further documents that may credit your income. Each personal situation is different, and for that reason , to hire the services of a solicitior specialized in Immigration services is very convenient, so he can study your situation and advice on those documents that should be submitted.
    • Born in Brazil, makes me eligible to the "two years residence" in order to get the citizenship? All citizens from latin american countries can apply for citizenship after a two year period of legal residency in Spain.
    • After one year of Non Lucrative Residence Permit, can I change my status to an Worker Permit that also leads to citizenship? Yes, you can apply for a salaried or self employed work permit after the first year of legal residence. You would be applying for a modification of your permit.
    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  3. #3
    Junior Member
    Join Date
    Jul 2010
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    Default

    Hi Patricia,
    I do really appreciate your prompt response.
    I'd like to say that I consider myself relatively wealthy, at least by Brazilian standards.
    My possessions includes U$ 170.000 in properties value plus U$ 460.000 in savings accounts in Brazil, which gives me around U$ 5.000 monthly income after taxes.
    By my understanding it is more than enough to meet the main requirement. I don't own nor rent a house in Spain yet.
    I do have two children (7 years old and 15 months). I'll definitely need a schooling plan, but at this time I don't know anything about the Spanish school system. Could you send me some information / links?
    After gather more information, I'm planning a exploratory visit to Spain to choose the place to live. I've heard about "costa del sol", (Malaga, Marbella, Valencia).
    Also, my oldest son born in USA but he is Brazilian. He born in September 2002, and soon after that we return to Brazil. That particular situation could affect the process somehow?
    I'd like to thank you for your time and considerations.
    Best regards,
    Gio
    Last edited by Gio; 07-23-2010 at 05:56 PM.

  4. #4

    Default Non Lucrative Residence Permit

    Hello Gio,

    The fact that your son was born in USA does not affect the process in any sense.

    As per your explanations related to your income you seem to comply with the requirements, however, the Spanish authorities will also need to have documented evidence that proves you will still be receiving regular income from out of Spain without the need for you to realize any economic activity in Spain.

    There are various websites where you can find useful information on the Spanish School system, though for specific information you should check once you had decided on the province in which you would settle.

    My advice is that you contact a Spanish lawyer specilaized in Immigration to take care of your needs and assemble the application package once you have decided to settle in Spain and, as you say, make an "exploratory" trip to Spain in order to get to know the country, find a house and a school for your children.

    The Costa del Sol is a very attractive area to settle and offers a very cosmopolitan environment where most foreign individuals find a confortable and pleasant place to live.

    Our firm is located on the Costa del Sol, so please feel free to contact us during your visit if you need legal advice related to this specific type of Residence permit.


    Best Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  5. #5
    Junior Member
    Join Date
    Jun 2012
    Posts
    25

    Default

    I was born in the Philippines and am an American Citizen. I'm considering using a non-lucrative residency permit to fulfill the 2 year residency requirement to apply for Spanish (EU) citizenship. Patricia, can you speak to the details of the 2 year requirement? Must I remain continuously in Spain for the entire period, or can that be interrupted with occasional trips back to the US? Are there a specific number of days per year required to fulfill the 2 years before applying for citizenship? Thanx

  6. #6

    Default

    Hello San Diego,

    You will have to spend at least 183 days per year in Spain, that is, not be out of the country longer than 6 months per year.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  7. #7
    Junior Member
    Join Date
    Jun 2012
    Posts
    25

    Default

    So hopefully I have this correctly understood:

    To qualify to apply for EU citizenship as a current American citizen of Filipino ancestry, I would need to establish 2 years of residency
    The Spanish government uses calendar years (Jan-Dec), and during each year, I must spend a minimum of 183 days in Spain.

    Therefore in 2013 and 2014, I could live in the United States from Jan-June and Spain from July - December, then apply for citizenship on Jan 1, 2015?

    When reviewing citizenship applications, will the Spanish government look negatively on an applicant who has only resided 183 days per year in the country?

    Thanks again Patricia!!

  8. #8

    Default

    Hello San Diego,

    Initially, your calculations seem to be right, however, I cannot confirm if spending only 6 months per year in Spain would have a negative effect before the Spanish authorities at the time of the citizenship application. In any case, it would not be a valid reason to turn down the application based on the current regulations.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

  9. #9
    Junior Member
    Join Date
    Jun 2012
    Posts
    25

    Default

    Thanks Patrica...that makes sense. But when applying for citizenship, will I be required to indicate somewhere exactly how much time over the past two years I have actually spent in Spain? For people who are traveling in and out of the country, are they required to fill out some sort of worksheet totaling the number of days? Or is the computation of the 183 days less formal then that? I'm hoping you may have already seen the application in the course of your work and can let me know. thanks again!!

  10. #10

    Default

    Hello San Diego,

    No ,they will not request you to fill out any type of worksheet or similar. They may just check your passport stamps and ask a few questions about the nature of your trips.

    Regards,
    Patricia Martin
    Immigration Consultant at Lawbird | Contact Me
    Check My Profile

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