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VISAS

Portugal and Ireland have scrapped their golden visas. Will Spain be next?

Portuguese and Irish authorities have announced they will stop offering ‘golden’ residency visas to rich non-EU foreigners who purchase expensive properties, and there are political calls within Spain for the same thing to happen here. 

Portugal and Ireland have scrapped their golden visas. Will Spain be next?
Ronda in Málaga province. There is increasing pressure at a regional and national level to ensure that residents in Spain are not priced out by wealthy second-home owners. Photo: Jordi Vich Navarro/Unsplash

Portuguese Prime Minister António Costa on February 16th announced that as a means of tackling the increasing lack of affordable housing in the country, his government will no longer offer residency to foreign property buyers or other investors through so-called golden visas.

Furthermore, Portuguese authorities will not grant new licences for short-term tourism rentals either, except in rural areas suffering from depopulation. 

Any third-country national wishing to renew their pre-existing golden visa will have to prove that their Portuguese property is being rented out on a permanent long-term basis, rather than as a holiday home.

These drastic measures come 11 years after Portugal’s golden visa was first introduced, with 11,535 residency authorisations issued and €6.7 billion in foreign investment. 

Back in 2012, there was a need for such a scheme to exist and it had largely met its objectives, Portuguese government officials have said.

But “the fight against price speculation in real estate” takes precedence now for Costa, who denied he was “killing the goose that laid the golden eggs” when referring to the tourism industry. 

Portugal has toughened its golden visa rules since 2020, making the financial requirements higher and preventing foreign property purchases in Lisbon and other areas where locals were being priced out by wealthy foreigners. 

Now they have taken the decision to fully scrap it, with the news coming just a day after the Irish government announced it would also axe its own golden visa scheme, citing internal and external reviews which recommended doing so. 

These decisions come after years of warnings by the EU that such foreign investment residency deals were a risk to security, transparency and the bloc’s values. 

This has been highlighted by the joint ban of golden visa applications by Russian tycoons looking to flee to Europe following their country’s invasion of Ukraine. 

So how about Spain and its golden visa? Is it also at risk of being scrapped?

On February 14th, Spanish political party Más País lodged a legal proposal at the Spanish Parliament calling for Spain’s golden visa scheme to also be abandoned. 

Their spokesperson Íñigo Errejón voiced the same reasons as those given by Portugal’s government – put an end to – or at least lessen – property speculation in Spain. 

“They’re driving up prices and kicking residents out of their neighbourhoods,” Errejón said of the influence of second homes on Spain’s property market.

For the former Unidas Podemos politician, these residency permits distort the market and don’t benefit the national economy.

It’s worth noting that Más País does not have much political clout in the Spanish Parliament, with only 3 seats out of 350, but could the tides be changing for wealthy foreign property buyers in España?

Spain is already one of only a few countries in the world that has a wealth tax for both residents and non-residents, and a new ‘solidarity tax’ for millionaires was also introduced in 2023. 

In recent weeks, regional governments in Spain’s two archipelagos – the Canary and Balearic Islands – have both announced that they were considering whether they should limit the sale of properties to non-residents as a means of quashing spiralling rents and property prices, something Canada has just decided to do.

The same proposal has been voiced by Podemos’s Alejandra Jacinto in Madrid.

Property prices are indeed on the up across Spain’s most popular spots, and in cities such as Málaga, there are now more tourist rental properties in the city centre than there are actual residents. 

Needless to say, rents in the southern city are up by 25.8 percent in 2023 compared to the previous year and property prices by 15.5 percent, as a result in large part of the proliferation of more profitable tourism rentals. 

It’s an election year in Spain and access to housing is one of the main concerns among Spain’s 48 million inhabitants. 

Spain’s ruling left-wing coalition government is yet to comment on whether it intends to change anything regarding Spain’s golden visa scheme, but there is increasing pressure at a regional and national level to ensure that residents in Spain can afford a home. 

Therefore, anyone considering getting a Spanish golden visa would do well to apply sooner rather than later if they want to be on the safe side.

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For members

WORKING IN SPAIN

Can you work outside of Spain on the non-lucrative visa?

The non-lucrative visa is a popular choice for non-EU citizens who want to come and live in Spain, but there’s long been confusion over whether or not you can work outside of the country or not while you’re on it.

Can you work outside of Spain on the non-lucrative visa?

The non-lucrative visa or NLV as it is often referred to, is a residency authorisation that allows non-EU foreigners to live in Spain.

As the name suggests, however, it’s non-lucrative, so it doesn’t give you the right to work here, instead you have to demonstrate that you have sufficient savings for yourself, as well as any family members you’re bringing with you. 

Many people claim that if you’re not actually working in Spain while on the visa, and if you’re work comes from abroad then it’s fine, but is it actually legal?

Online searches reveal many conflicting results with several sources saying you absolutely cannot work on the visa at all under any circumstances and others saying that you can and authorities simply turn a blind eye.

It used to be a big grey area because Spanish law didn’t specifically mention remote working. Spain’s General Immigration Regime stated that, while staying on the NLV:

  • You mustn’t work for a Spanish company
  • You mustn’t work for a Spanish employer
  • You can’t open your own business in Spain
  • Nor can you open a branch office in Spain

In terms of remote working specifically, the law did’t actually address it.

READ ALSO: Does Spain check if you’re working on the non-lucrative visa?

But, authorities seemed to suggest that you couldn’t work on it at all, under any capacity, due to their rulings and decision making.

According to Barcelona-based law firm Balcells: “During the pandemic (from 2020 onward), the vast majority of consulates started to reject applications from foreigners who clearly stated they wanted to start working remotely”.

“Or if the consulate sees that remote work is what you have been doing for the past months/years, your application may even get rejected too”.

In 2023, a Madrid court denied a Venezuelan national’s application for the non-lucrative visa because they continued to advertise their professional services on sites like LinkedIn.

These all support the fact that working, even remotely for another country is not allowed.

The amount of savings you have to prove for the non-lucrative visa in 2024 is €2,400 per month, which must come from passive income such as return on investments and rental income, rather than physically working.

READ ALSO: Non-lucrative vs digital nomad visa: Which one should you choose to move to Spain?

There is now even stronger legal evidence to support the theory that you can’t work remotely while on the NLV, with the introduction of Spain’s Digital Nomad Visa or DNV in early 2023.

The whole point of the DNV is to allow non-EU remote workers and freelancers to be able to live and work in Spain, so it would defeat the entire purpose of this visa if you were allowed to work remotely on the NLV.

The DNV in fact has many requisites to ensure the way in which remote workers can legally work here. For example, they have to have worked for the same employer for three months or more and any company they work for has to have been in existence for more than one year.

To apply for the DNV in 2024 you have to prove a monthly income of at least €2,646. While this is slightly more than the NLV, it does mean that you can continue working. 

READ ALSO: Does Spain accept savings for the digital nomad visa if earnings aren’t enough?

Many remote workers may have used the NLV option in the past, but today there is no excuse, you may as well just apply for the DNV instead.

As authorities are cracking down on NLV applications, it’s simply not worth the risk having your application denied if you plan to continuing working. If you’re found out and are not declaring your income properly too, you could end up with a hefty fine and be unable to renew your visa in the future. 

Therefore, if you want to work remotely for company outside of Spain, it’s best to forget the NLV and go straight for the DNV, which will ensure what you’re doing is truly legal.

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