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Retirement Visa Questions

Retirement Visa Questions

Old Mar 9th 2021, 4:40 pm
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Default Retirement Visa Questions

Hello,

I am currently in Spain, a non-resident. Due to the Covid mess I have overstayed my tourist visa, and do not want to get on an airplane anytime soon. I would like to apply for a "retirement visa" (also called non-lucrative visa) without going back home. Information I have read on solicitors' websites seems to say that you must initiate this process at a Spanish Embassy or Consulate in your home country, or where you are legally a resident, it not your passport country. I have a NIE and "empadronamiento."

My question is: Is it possible to obtain the "non-lucrative" residence visa while here in Spain? If yes, what are the procedures? The only normal requirements seem to be proof of financial resources and private medical insurance that is valid in Spain.

I appreciate the response from anyone knowledgeable of these questions, and also of course any tax implications. If the "non-lucrative" visa does not allow me to work in Spain, will I still need to file and pay taxes in Spain on my pension or dividend income from investments?

Many thanks,

David
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Old Mar 9th 2021, 4:52 pm
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Default Re: Retirement Visa Questions

Originally Posted by David J View Post
Hello,

I am currently in Spain, a non-resident. Due to the Covid mess I have overstayed my tourist visa, and do not want to get on an airplane anytime soon. I would like to apply for a "retirement visa" (also called non-lucrative visa) without going back home. Information I have read on solicitors' websites seems to say that you must initiate this process at a Spanish Embassy or Consulate in your home country, or where you are legally a resident, it not your passport country. I have a NIE and "empadronamiento."

My question is: Is it possible to obtain the "non-lucrative" residence visa while here in Spain? If yes, what are the procedures? The only normal requirements seem to be proof of financial resources and private medical insurance that is valid in Spain.

I appreciate the response from anyone knowledgeable of these questions, and also of course any tax implications. If the "non-lucrative" visa does not allow me to work in Spain, will I still need to file and pay taxes in Spain on my pension or dividend income from investments?

Many thanks,

David
Hi. If you were here before the 31st December 2020 in theory you should be able to apply for residency under the WA.
That can be done here, so I would find a local solicitor and ask them.

As long as you can prove you were here living, spending etc and have healthcare etc. then they should treat you the same as those of us who arrived here at other times during 2020 (we got here in August and are finally getting the fingerprint appointment of Friday)

If you arrived after 1st Jan 2021 you will have to go back to the Uk and start from there.

Hope this helps.

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Old Mar 9th 2021, 5:18 pm
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Default Re: Retirement Visa Questions

Originally Posted by Barriej View Post
Hi. If you were here before the 31st December 2020 in theory you should be able to apply for residency under the WA.
That can be done here, so I would find a local solicitor and ask them.

As long as you can prove you were here living, spending etc and have healthcare etc. then they should treat you the same as those of us who arrived here at other times during 2020 (we got here in August and are finally getting the fingerprint appointment of Friday)

If you arrived after 1st Jan 2021 you will have to go back to the Uk and start from there.

Hope this helps.
Is the OP a UK citizen, though? He refers to having overstayed a tourist visa (tourist visas not yet needed by UK citizens) and also uses the term "airplane" (not typically British usage).

Anyway, whatever his nationality the answer is no, neither a non lucrative visa nor any other type can be applied for in Spain, only in his country of residence.
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Old Mar 9th 2021, 6:16 pm
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Default Re: Retirement Visa Questions

Originally Posted by Barriej View Post
Hi. If you were here before the 31st December 2020 in theory you should be able to apply for residency under the WA..
Make that 'If you were LEGALLY here before the 31st December 2020'.

A padron won't help you because as a non resident you had no right to be on it, in fact it could work against you as it's a legal declaration of living in Spain which in turn would oblige you to submit a tax return.


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Old Mar 9th 2021, 6:29 pm
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Default Re: Retirement Visa Questions

Originally Posted by Notdunroamin View Post
Make that 'If you were LEGALLY here before the 31st December 2020'.

A padron won't help you because as a non resident you had no right to be on it, in fact it could work against you as it's a legal declaration of living in Spain which in turn would oblige you to submit a tax return.
Which is fun because a lot of the regions were asking for it as a condition for first time applicants.

Our town hall didn't want to put us on the Padron because we weren't 'official residents' but relented when I said it was to apply for the TIE and the lady said 'oh Alicante loco, esta bien' .
We went back in today to get it updated and they said no again, I showed them the residency approval letter and explained rather badly that we needed it for the fingerprint appointment this Friday (or at least thats what I tried to say), we go back tomorrow to collect them.

Hopefully now the Uk is a 3d country 'what the rules states' will become what you actually do.
Not holding my breath. As i bet you will still be asked for the cats birth cert when getting the TIE once here.
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Old Mar 9th 2021, 8:52 pm
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Default Re: Retirement Visa Questions

".....and also of course any tax implications. If the "non-lucrative" visa does not allow me to work in Spain, will I still need to file and pay taxes in Spain on my pension or dividend income from investments? "


I suspect that the OP is more concerned about not paying taxes to Spain and this could be why he hasn't applied for residency prior to 2021. If he had applied, as he should if staying for longer than 90 days, then he could have simply rescinded his residency up to June and returned to the UK without paying any tax to Spain.


The lucrative visa would also oblige the OP to pay taxes in Spain but is more difficult and expensive to obtain.
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Old Mar 10th 2021, 10:40 am
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Default Re: Retirement Visa Questions

Originally Posted by Barriej View Post
Our town hall didn't want to put us on the Padron because we weren't 'official residents' but relented when I said it was to apply for the TIE and the lady said 'oh Alicante loco, esta bien' .
We went back in today to get it updated and they said no again, I showed them the residency approval letter and explained rather badly that we needed it for the fingerprint appointment this Friday (or at least thats what I tried to say), we go back tomorrow to collect them.
Pretty common in the Alicante region.

I you get it it will likely be time limited (probably 3 months) which you should be able to change for a normal one on eventual production of your TIE's

Technically the EX20 application requires neither an NIE or a padron!
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Old Mar 10th 2021, 1:48 pm
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Default Re: Retirement Visa Questions

Originally Posted by Notdunroamin View Post
Pretty common in the Alicante region.

I you get it it will likely be time limited (probably 3 months) which you should be able to change for a normal one on eventual production of your TIE's

Technically the EX20 application requires neither an NIE or a padron!

Nope no time limit.

We picked up newer dated ones today and there is (like the original in September) no end date.
They are stamped todays date only. Even though we told them they are only needed just in case we were asked in Alicante on Friday at the fingerprint appointment for the TIE.

Now I have an updated one, I might venture out and look for a newer car (cause I just know I will be asked for Padron)

As to NIE if you are first time application, the NIE is generated with residence.
But anyone here who had a house etc will already have one and although the EX20 doesn't ask for the NIE you are expected to show it, with the rest of the paperwork you must supply for the TIE (at least in Alicante)

Last edited by Barriej; Mar 10th 2021 at 1:51 pm.
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Old Mar 10th 2021, 8:59 pm
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Default Re: Retirement Visa Questions

Originally Posted by David J View Post
Hello,

I am currently in Spain, a non-resident. Due to the Covid mess I have overstayed my tourist visa, and do not want to get on an airplane anytime soon. I would like to apply for a "retirement visa" (also called non-lucrative visa) without going back home. Information I have read on solicitors' websites seems to say that you must initiate this process at a Spanish Embassy or Consulate in your home country, or where you are legally a resident, it not your passport country. I have a NIE and "empadronamiento."

My question is: Is it possible to obtain the "non-lucrative" residence visa while here in Spain? If yes, what are the procedures? The only normal requirements seem to be proof of financial resources and private medical insurance that is valid in Spain.

I appreciate the response from anyone knowledgeable of these questions, and also of course any tax implications. If the "non-lucrative" visa does not allow me to work in Spain, will I still need to file and pay taxes in Spain on my pension or dividend income from investments?

Many thanks,

David
An easier & cheaper option could be to renew your passport just before you plan to leave Spain. No stamps & difficult to prove lack of entry stamp......Just a thought?
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Old Mar 10th 2021, 9:58 pm
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Default Re: Retirement Visa Questions

If you don’t have an entry stamp after Jan 1 it will be assumed you entered before Jan 1

Just because you have a new passport doesn’t help as you should still have the old one with an entry stamp, that’s why they give your old passport back to you.
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Old Mar 11th 2021, 9:02 am
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Default Re: Retirement Visa Questions

Originally Posted by Fred James View Post
If you don’t have an entry stamp after Jan 1 it will be assumed you entered before Jan 1

Just because you have a new passport doesn’t help as you should still have the old one with an entry stamp, that’s why they give your old passport back to you.
......but if you've lost it?
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Old Mar 11th 2021, 9:22 am
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Default Re: Retirement Visa Questions

I do wish people would stop looking for ways to game the system - and others stop suggesting ways to try and do it even if tongue in cheek.
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Old Mar 11th 2021, 3:37 pm
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Default Re: Retirement Visa Questions

Originally Posted by Notdunroamin View Post
I do wish people would stop looking for ways to game the system - and others stop suggesting ways to try and do it even if tongue in cheek.
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Old Mar 12th 2021, 12:11 am
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Default Re: Retirement Visa Questions

Passports are scanned. Flight manifests. Not sure exactly what method is used but be assured both UK and Spain know when you pass through an airport and it is all digital. People from third countries have been entering and leaving for decades, it is not a new system.
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Old Mar 12th 2021, 8:25 am
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Default Re: Retirement Visa Questions

Originally Posted by wisygreen View Post
Passports are scanned. Flight manifests. Not sure exactly what method is used but be assured both UK and Spain know when you pass through an airport and it is all digital. People from third countries have been entering and leaving for decades, it is not a new system.
If that's the case then why are they now having to wet stamp UK passports of UK residents?

Passports are/were not scanned on every occasion, some border officials at the ferry terminal barely glanced at your passport. The EU have stated that they hope to get ETIAS working with all EU points of entry by the end of 2022 and this could be when they have full integration of data from all countries in the EU. Personally, I don't think that they have this integration yet.
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