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Time allowed to stay with a Non Lucrative Visa. Only 1 Year out of 5 Years

Posted: Mon May 10, 2021 1:02pm
5 replies232 views3 members subscribed
David965

Posts: 24

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Location: Finestrat

Joined: 8 Apr 2021

Article 162.2 of Royal Decree 557/2011 establishes the maximum period of absence allowed with those cards.

In order to know the maximum time you can be out of the country with a temporary residence, you must take into account two different conditions

  • Firstly, you must not be outside Spain for more than 6 months within a period of one year.
  • In the case of sporadic departures (in your first year in the country 1 month, in the second 3 months, etc.); the sum of these periods outside Spanish territory during the last 5 years may not exceed 1 year.
  • I think a lot of people believe the Non Lucrative Visa will allow a 6 month 6 month situation but that is just not the case as above.

Kimmy11

Posted: Mon May 10, 2021 1:24pm

Kimmy11

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Posts: 6869

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Joined: 8 Aug 2017

Posted: Mon May 10, 2021 1:24pm

Hi David,

That's correct.  Several of us have pointed out to people thinking that a Non-Lucrative Visa will enable them to get around the 90 in 180 days Schengen rule, that they still have to comply with Spain's residency laws - which require a temporary resident, i.e. someone who has lived in Spain less than 5 years, not to be absent for 183 days or more in each of those 5 years.

Given the costs associated with applying for an NLV, this is a useful reminder 👍

Kind regards,

Kim

David965

Posted: Mon May 10, 2021 1:38pm

David965

Original Poster

Posts: 24

10 helpful points

Location: Finestrat

Joined: 8 Apr 2021

Posted: Mon May 10, 2021 1:38pm

Kimmy11 wrote on Mon May 10, 2021 1:24pm:

Hi David,

That's correct.  Several of us have pointed out to people thinking that a Non-Lucrative Visa will enable them to get around the 90 in 180 days Schengen rule, that they still have to comply with Spain's residency laws - which require a temporary resident, i.e. someone who has lived in Spain l...

...ess than 5 years, not to be absent for 183 days or more in each of those 5 years.

Given the costs associated with applying for an NLV, this is a useful reminder 👍

Kind regards,

Kim

Yes I think a lot of people are rushing out and applying for a Non Lucrative Visa with the believe it will circumnavigate the 90 day rule.

The 1 year out of 5 years even applies to so called Golden Visas.

Brexit really has messed up a huge number of peoples lives.

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bobtastic

Posted: Tue May 11, 2021 7:59am

bobtastic

Helpful member

Posts: 64

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Location: Benidorm

Joined: 5 Feb 2020

Posted: Tue May 11, 2021 7:59am

David965 wrote on Mon May 10, 2021 1:38pm:

Yes I think a lot of people are rushing out and applying for a Non Lucrative Visa with the believe it will circumnavigate the 90 day rule.

The 1 year out of 5 years even applies to so called Golden Visas.

Brexit really has messed up a huge number of peoples lives.

About 66m and counting. Many of them are too stupid to realise just yet though. For some odd reason those who still think BREXIT is a wonderful idea are claiming the fast UK vaccine rollout is thanks of BREXIT. Bless 'em. Suspect most wear slip-ons as laces too complicated.

David965

Posted: Tue May 11, 2021 10:51am

David965

Original Poster

Posts: 24

10 helpful points

Location: Finestrat

Joined: 8 Apr 2021

Posted: Tue May 11, 2021 10:51am

Kimmy11 wrote on Mon May 10, 2021 1:24pm:

Hi David,

That's correct.  Several of us have pointed out to people thinking that a Non-Lucrative Visa will enable them to get around the 90 in 180 days Schengen rule, that they still have to comply with Spain's residency laws - which require a temporary resident, i.e. someone who has lived in Spain l...

...ess than 5 years, not to be absent for 183 days or more in each of those 5 years.

Given the costs associated with applying for an NLV, this is a useful reminder 👍

Kind regards,

Kim

This is the killer regulation," the sum of these periods outside Spanish territory during the last 5 years may not exceed 1 year."

Kimmy11

Posted: Tue May 11, 2021 4:05pm

Kimmy11

Legendary helpful member

Posts: 6869

12554 helpful points

Joined: 8 Aug 2017

Posted: Tue May 11, 2021 4:05pm

David965 wrote on Tue May 11, 2021 10:51am:

This is the killer regulation," the sum of these periods outside Spanish territory during the last 5 years may not exceed 1 year."

The "killer" behind not being allowed to leave Spain for 183 days in each of the first 5 years of residency is that it also makes you tax resident in Spain - and if someone did leave Spain for 183 days or more, but still did a tax return in Spain, they'd then cause themselves problems with HMRC, not to mention voiding their right to have registration with a GP in the UK.  I bet some will still try though..... 😉😄

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