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VISAS

‘It’s just to win votes’ – Why Spain might not scrap golden visa scheme

An expert on golden visas claims Spain’s decision to get rid of its scheme was just a vote-winning measure that won’t have an impact on the housing crisis and that “real estate lobbies” in other countries have previously ensured the schemes continue.

'It's just to win votes' - Why Spain might not scrap golden visa scheme
A woman rides past a Ferrari parked in the glitzy Puerto Banús area of Marbella, a favourite among wealthy foreigners in Spain. (Photo by Jorge Guerrero / AFP)

It’s been two weeks since the Spanish government said it would completely cancel the golden visa scheme, including for investment in Spain, after Prime Minister Pedro Sánchez announced last April that his administration would scrap the golden visa for non-EU nationals who buy Spanish property worth €500,000.

Spanish authorities also reportedly now know how they will ‘slip in’ the legislation that brings the golden visa cancellation into force, following months of incertitude over how they could legally do it.

But for sociologist at London’s School of Economics Kristin Surak, author of the book “The Golden Passport”, the golden visa cancellation is just to win votes that won’t actually come to fruition.

In an interview with Spanish daily El Confidencial, Surak said “it is the same thing that is being seen in Portugal. It is nothing more than a vote-winning measure and has such a small impact that it is of no interest beyond votes”. 

Portugal did initially suggest that it would get rid of its golden visa scheme but instead decided it would only scrap some of its investment options.

“It’s true that it (the golden visa) has become a symbol and that is why politicians mention it,” she added.

ANALYSIS: Is Spain’s decision to axe golden visa about housing or politics?

Both Spain and Portugal have seen their property prices and rents skyrocket in recent years and the surge of home purchases by foreigners and the proliferation of short-term holiday lets in residential buildings have been blamed to a lesser or greater extent in the two Iberian nations.

For Surak, if foreigners are in any way to blame for housing crises in Spain and Portugal, it’s Europeans themselves, not the non-EU nationals who are buying expensive properties to gain EU residency.

READ ALSO: Foreigners buy up homes in Spain in record numbers

“Not even the Chinese or the Russians are a significant enough number to move the market. But of course, no one is going to come out and say that we should ban these Europeans from buying houses in our country,” Surak told El Confidencial.

The only foreign nationals to buck this trend in Spain are Britons, non-EU nationals since Brexit, as they are the foreign population group who account for the most property purchases by non-Spaniards in Spain in 2023 (9.53 percent).

Surak’s book “The Golden Passport” is described as “the first comprehensive on-the-ground investigation of the global market for citizenship, examining the wealthy elites who buy passports, the states and brokers who sell them, and the normalisation of a once shadowy practice”. 

Although Spain’s golden visa gives residency rather than citizenship, it does give holders the option of applying for Spanish nationality after ten years.

“Let’s be honest,” she tells El Confidencial, “how many countries have actually stopped the programme? The United Kingdom and Ireland did so a few years ago, Portugal announced it but has not yet approved it, and the same goes for Spain. 

“They have been announcing it for some time because it makes a good electoral slogan, but they have not dared to do it”.

Asked if she specifically believed that Spain’s golden visa would not be cancelled, Surak admitted that “she didn’t see it clearly”, that “it sounds very good to say we’re not going to let rich people buy their citizenship” but that “7,000 people (golden visa holders), if you add applicants and family” are “very small numbers”.

For Surak, what’s prevented golden visas from being revoked in the past are “real estate lobbies” that have been profiting from these schemes and “want them to continue”.

“Migration policy is generally incoherent,” the author concludes.

“Each country has interest groups or bureaucrats who decide what they are going to do: we are going to do this for students, or we need this for professionals, or we need the Beckham Law, which you have there in Spain.

“Once they are in the laws, they are difficult to change”.

According to Henley & Partners, over 100 countries around the world across five continents offer golden visas.

READ ALSO: What the end of all of Spain’s golden visas means for foreigners

Member comments

  1. It’s about security as much as a speculative real estates market. Of course some BS analysis is coming from a Brit.

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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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