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.

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,

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

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,

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 :)

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,

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!!

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,

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!! :)

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,

Hi Patricia

Your advice seems very qualified. I just wonder if the 183 day rule applies for Temporary Residence as well. Is the minimum period then 5 years before you can apply? Also how many days out of 5 years should you have spent in Spain?

Thank you!

Vlad

Hello Vlad,

Yes, the 183 days rule applies for temporary residence, that is, those residence permits with a validity of 1 or 2 years. Once you obtain the Long stay residence permit, you should not spend more than 12 months every 5 years out of the country if you do not want to be at risk of losing your residence status.

Regards,

Thank you Patricia, I wonder if there is a way to avoid this rule at all? E.g. apply for an alternative category. Also, would you be able to offer legal assistance in this?

Thanks a lot!

Hello Vlad,

That rule applies to all temporary and initial residence permits, as if you intend to spend less than that they do not consider you qualify to become a resident in Spain and that short stay/ tourist visas for 90 days will be enough for your purposes.

I can certainly offer legal assistance in any matter related to Immigration, so please feel free to contact me by clicking on my profile so I can study your case.

Regards,

Hi Patricia - can a 90 day tourist visa be extended? I'm planning on pursuing Spanish residency so need to spend 183 days per year in Spain. My husband, who is American, would like to spend as much of that time with me as possible. Can he extend the 90 days to 180 days? Can he do that for 2 years in a row? I am of Filipino origin, so can apply for citizenship after 2 years, whereas my husband cannot. :(

Thank you Patricia. But then if you invest a lot of money in Spain to have a visitors visa is a bit unstable and does not feel like a not long term arrangment.

Perhaps there is another option ?

Thank you for all your usefull info.

Regards

Vlad

Hello Vlad,

There is no investment required for visitor visas but just required for initial/temporary residence permits that you can renew for another 2 years if you still keep the same financial and personal situation and that will finally lead to permanent residency ( after 5 years ).

I cannot talk about options at this stage as I need to have full knowledge of your particular case and circumstances.

Regards,

Quote:

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Originally Posted by Patricia

Hello Vlad,

There is no investment required for visitor visas but just required for initial/temporary residence permits that you can renew for another 2 years if you still keep the same financial and personal situation and that will finally lead to permanent residency ( after 5 years ).

I cannot talk about options at this stage as I need to have full knowledge of your particular case and circumstances.

Regards,

---

Patricia,

Thank you for this information. I currently have the initial non-lucrative residence permit and the permiso de residencia that expires after the first year. This first year is about to end in a few months and I was wondering if you could give some details about the renewal process? What does that entail? Is it as complicated as the initial application process or is it simply filling out a quick form and bringing in your old card? How far in advance of the expiration date of my initial permiso de residencia should I submit an application for renewal?

Thanks in advance!

Hello Vlad,

You can file the renewal application within two months before the permit expires, and even within 3 months after it has expired. However, please note that once expired you will have to be very cautious with travelling dates if you intend to travel in and out of Spain as your card will be expired and you will have to apply for a return authorization for the Police Station, that will allow you enter Spain in the next two months with the expired card.

The renewal documentation and processing is not as complicated as the one followed in the initial application, as many documents will still be valid, however, any official document related to income ( basically, to prove you keep the same financial status ) will have to be updated ( bank certificates, rental income, company financial documentation ). It is not as easy as to file a form and hand the expired card over to the officer. I recommend you to get legal aid to check the documentation is in place and correct.

Regards,

Hi, Patricia. I hope you can help me. I posted a few weeks ago but no one answered. I am a US citizen and just obtained the non-lucrative residency visa. I am also a Cuban citizen by birth. Would it be possible for me to change the country on my residency card from the US to Cuba in order to apply for Spanish citizenship after 2 years of residency? As a US citizen I would need to wait 10 years. Please note that all the income I am receiving comes from the United States. Thank you.

Hello,

Apparently, you can apply for your Spanish nationality providing with your Cuban nationality, however, the civil registry may remind you that you entered Spain as an American citizen and could have issues to grant a third nationality to someone who holds two already. Rest assured you will be forced to renounce to your American nationality, at least before the Spanish authorities eyes.

If you are Cuban by birth, that is, you were born in Cuba, your Cuban passport will be accepted when applying for Spanish nationality within two years.

Regards,

i want to ask , is it a problem if me and my husband are divorced?
i get about 5,000$ a month from my hushand and were really ok good terms.
and i have two children