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VISAS

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

What does Spain's decision to scrap the golden visa mean for foreigners who want to buy a Spanish home or who already own one, and crucially, how far is Spain willing to go regarding banning property ownership by foreigners?

What the end of Spain's golden visa means for foreigners
Only 451 golden visas were granted to wealthy foreigners in Spain in 2022. Photo: Vita Vilcina/Unsplash

On Monday April 9th, Spanish Prime Minister Pedro Sánchez announced that his government plans to get rid of the golden visa scheme which can grant non-EU nationals residency in Spain when they buy real estate worth €500,000.

Described as a “European disgrace…which creates first and second-class citizens” by Spain’s Culture Minister, the golden visa has become increasingly questioned by the EU and eliminated or amended by a number of European countries in recent years.

Sánchez’s reasoning is the impact golden visas are having on Spain’s property market, stating that “we are going to take the necessary measures to guarantee that housing is a right and not a mere speculative business” and thus “begin the procedure to eliminate the granting of the so-called golden visa”.

What rights are foreigners in Spain losing with the elimination of the golden visa?

The end of the golden visa means there will now be one less visa available to third country nationals such as Brits and Americans who want to move to Spain, albeit a visa option only up for grabs for a lucky few. 

It also means that there is no longer a visa scheme in Spain which does not require holders to become tax residents or actually live in Spain (one day a year in Spain to renew the visa was enough to not lose residency rights). 

Furthermore, non-resident second-home owners with properties in Spain worth €500,000+ will no longer have the option of becoming Spanish residents by using their Spanish property/ies as the ‘hook’ (the golden visa was retroactive).

The other ways of accessing the golden visa – investing €1 million in shares in Spanish companies, or €2 million in government bonds, or transferring €1 million to a Spanish bank account – may also cease to be means to gain Spanish residency through investment. However, a report in Spanish newspaper ABC on Tuesday citing government sources stated that residency through financial investment will be maintained

Admittedly, such fast-track ways to Spanish residency were only available to the approximately 10,000 wealthy people who obtained the golden visa over the past decade.

Therefore, the average foreigner residing in Spain will not be affected by the removal of the golden visa. 

Will foreigners on the golden visa need to change to another Spanish visa?

As only the initial plans have been announced, it is not yet clear whether foreigners currently on Spain’s golden visa will be allowed to hold onto the scheme or offered the option of Spanish residency through an alternative means.

The most obvious alternative to the golden visa – given that it is also suitable for non-EU citizens with plenty of savings – is the non-lucrative visa (NLV). However, the NLV doesn’t allow people to work, something the golden visa has offered. 

In this sense, the newer digital nomad visa, which includes the requirement of €2,646 in monthly earnings to be eligible, may be a better choice for some people on the golden visa or those considering applying for it. 

It is currently possible to change visas in Spain for certain situations such as work or study. 

READ MORE: ‘There are three main alternatives to Spain’s golden visa’

Will the Spanish government take any further action against foreign visas and property ownership?

Spain’s ever-growing popularity among foreigners has been making headlines, not for positive reasons unfortunately and rather due to the impact it’s having on the country’s housing crisis. 

The proliferation of Airbnbs or other short-term holiday lets in city centres across the country, which are increasing rent prices and reducing the stock available to locals, has led to protests in Málaga and the Canary Islands in recent weeks.

READ ALSO: Why does hatred of tourists in Spain appear to be on the rise?

The record number of foreigners buying homes as well, helping to keep prices high at a time when Spaniards are not buying due to high interest rates on mortgages, has also led to calls for non-residents to be banned from buying properties in Spain. 

In the end, Spain’s PM has decided to appease public outcry by targeting the 10,000 wealthy foreigners on golden visas, arguing that 94 percent of them have homes in “stressed real estate markets”.

It showcases that Spain is willing to introduce measures that can act against the interests of foreigners, although as the Socialist government stressed in March, they have no plans to prevent foreigners from buying homes in Spain

However, only 451 golden visas were granted in 2022 (latest figures available), a 50 percent drop on the previous year.

This figure also represents just 0.7 percent of Spanish property sales in 2022 to non-residents, meaning that the removal of the golden visa is really just like a drop in the ocean, and not necessarily a solution that will reduce purchasing and rental costs for Spaniards. Could this result in more public pressure to limit foreigners from buying homes whilst locals can’t afford them?

Member comments

  1. The perspective from the publisher is quite short sighted to be frank. The figured cited tell a fraction of the story and the impact it has had on the Spanish. To be frank, tourism is not the “backbone” of the economy. Rather, Autos, Pharma and agriculture make a ton of money by comparison. Aside from the security risks given the state of the world, this is the right move for the country.

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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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