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VISAS

Will Spain’s golden visa be scrapped in 2024?

The Spanish government’s junior coalition partner Sumar has voiced its intention of getting rid of the country’s golden visa scheme which grants residency to non-EU nationals who buy a Spanish property worth more than half a million euros.

Will Spain's golden visa be scrapped in 2024?
There have already been calls in Spain to limit the golden visa that gives residency rights to wealthy non-EU nationals. Photo: Mike Swigunski/Unsplash

Golden visas are becoming increasingly scrutinised across Europe.

The Netherlands is the latest country to announce it will scrap the visa aimed at wealthy third country nationals in 2024.

In recent months, Portugal, Ireland, Greece and Malta have all either scrapped the equivalent of their golden visas or made the conditions much harder for millionaires who want to make a real estate investment.

These decisions come after years of warnings by the EU that such foreign investment residency deals are a risk to security, transparency and the bloc’s values. The European Commission also asked EU partners to stop granting them in early 2023.

This was highlighted in 2022 by the joint ban of golden visa applications by Russian tycoons looking to flee to Europe following their government’s invasion of Ukraine. 

In Spain, there have also been calls to limit the golden visa that gives residency rights to wealthy non-EU nationals and which allows them to access Spanish citizenship after ten years without having actually lived in the country. 

Last May, we reported how real estate experts and lawmakers believed that the €500,000 threshold was insufficient, especially in Spain’s main cities, where many homes cost this amount, and therefore half a million can no longer be considered a price tag for luxury properties. 

Furthermore, they argued that these visas only end up driving up prices and kicking residents out of their neighbourhoods.

READ ALSO: What foreigners should be aware of before applying for Spain’s golden visa

Earlier in the year, Spanish political party Más País lodged a legal proposal at the Spanish Parliament calling for Spain’s golden visa scheme to be abandoned. 

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

A neighbourhood association in Barcelona (Favb) even called for the Catalan capital’s property market to be off limits for golden visa property hunters.

There have been no changes to Spain’s golden visa as of December 2023, with a meeting between Spain’s Social Security Ministry and the Ministry of Economic Affairs not materialising into a decision on the matter.

But now the ruling Socialists’ junior partner in Sánchez’s new government has put the issue back on the table for 2024. 

Hard-left coalition group Sumar is made up of several left-wing Spanish parties, and their leader Yolanda Díaz is the second Deputy Prime Minister of Spain and the country’s Labour Minister.

On December 14th, Sumar presented a bipartisan agreement in the Spanish Parliament which aims to address some of the pressing issues affecting the country’s tourism and housing sectors.

Both industries are intrinsically linked due to the fact that the proliferation of short-stay holiday lets in Spain have been pinpointed as one of the chief reasons for rising rents and property prices. 

Compromís MP Alberto Ibáñez, part of the Sumar coalition, has explained that the objective of the pact is a more sustainable tourism model that respects labour rights, cities and housing, including measures such as limiting the number of cruise ships, banning short-haul domestic flights and, last but not least, cancelling golden visas. 

Since Spain’s golden visas came into force, around 11,500 have been granted, along with another 20,000 authorisations for family reunification.  

Ibáñez has pointed out that in the Valencian province of Alicante almost one in every two properties that have been purchased recently have been by non-residents, normally so-called “vulture funds” or “very rich people”. 

In this context, Sumar’s proposal is to stop issuing golden visas to foreigners.

Even though rising interest rates in 2023 has seen a drop in mortgage applications among Spaniards, house sales to foreigners have represented a far higher percentage of the total than ever – 21 percent (67,883 in the first half of 2023) – seen by real estate experts as one of the reasons why the property market is being propped up and prices kept high. 

READ ALSO: Foreigners are paying more than ever for property in Spain

So far the government’s main solution to address the lack of affordable housing in Spain has been to build up to 160,000 social housing units in the coming years, not an immediate solution to the lack of affordable properties to buy or rent

There’s been mountain pressure at a regional and city level to ban or limit short-holiday lets, but millionaire foreign property buyers have not yet been singled out by Pedro Sánchez as a cause of Spain’s housing crisis.

With 31 out of 350 seats in the Spanish Parliament, Sumar will not be able to scrap Spain’s golden visa scheme without the support of Sánchez’s PSOE (121 seats) and other smaller parties that will give any possible legislation an absolute majority. 

At this point, further pressure from the EU appears to be a more likely instigator for the ruling Socialists to pay attention to Sumar’s demands.

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VISAS

Spain’s soon-to-end golden visa: Can I still apply and what if I have it already?

Last April, Spain's government said it intends to axe its property-based golden visa scheme, but is it too late still apply, how long does it take and what happens if you have the visa already? The Local spoke to an immigration lawyer to find out.

Spain's soon-to-end golden visa: Can I still apply and what if I have it already?

The golden visa programme, also known as the visado de residencia para inversores in Spanish, grants non-EU nationals residency in Spain when they buy a property in Spain worth €500,000. 

It can also be obtained by investing €1 million in shares in Spanish companies, or €2 million in government bonds, or having transferred €1 million to a Spanish bank account. 

In early April, Prime Minister Pedro Sánchez announced he was axing the property-based golden visa, although there’s no new law in place yet.

READ MORE: What the end of Spain’s golden visa means for foreigners

More recently the government’s junior coalition party Sumar had said that they have now filed an official bill in the hope they can scrap it as soon as possible.

Sumar spokesperson Íñigo Errejón told journalists that the visas are a privilege that must be scrapped “immediately” because they have an inflationary effect on the housing market.

All of this means that those still interested in still getting the visa are confused. They don’t know when the scheme will end, if they still have time to send in applications and what will happen to those who are already in the process of applying.

In order to help answer some of these pressing questions, The Local Spain contacted María Luisa De Castro from CostaLuz Lawyers in to find out more. 

Q: When will the Golden Visa scheme officially end?

A: “The exact date for the official end of the Golden Visa scheme has not been fully detailed yet. Initially, changes would be implemented in the near future, potentially within the next few months. Some optimists believe it might be a bluff by the government and that it may not be implemented after all.”

READ MORE: When will Spain’s golden visa scheme officially end?

Q: Has the process of applying changed?

A: “As of now, the process remains unchanged, so it’s exactly the same as before.”

Q: Can people still apply for now?

A: “Applications are still being accepted. However, given the recent announcement, it is advisable for prospective applicants to act swiftly.”

Q: What will happen if I’m in the middle of the application process?

A: “For those currently in the middle of the application process, their applications will still be processed under the existing rules. Once the new regulations come into effect, it will very likely come with some transitional provisions to handle ongoing applications.”

Q: What about those who want to invest instead of buy a property?

A: “The visa remains available for other investment options such as investments in companies, public debt, etc.”

Q: What if I already have the golden visa through property investment, will I be able to renew it in the future?

A: “Our opinion (and that is what we will defend) is that renewal rights are acquired when the visa is granted and therefore cannot be subsequently reduced, as this would constitute a retroactive limitation of individual rights. The Spanish Constitution prohibits retroactive application of laws that are not favourable or that restrict individual rights once they have been acquired.”

Q: How quickly can I get the golden visa?

A: This depends on where you apply from. According to the CostaLuz Lawyers, if you’re applying outside the countryYou should apply at least 90 days before you plan to travel to Spain”. If you’re inside Spain, you can apply through the Unidad de Grandes Empresas. This could take anywhere between 20 and 60 days.

CostaLuz Lawyers argue that it’s not necessary to wait until the property purchase has gone through, that you can apply with your initial contract or a statement from your bank in Spain, certifying that you have deposited at least €500,000.

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