The Spanish Golden Visa: Residence visa for investors

First, you have to invest in Spain. Here, you can enjoy the beauty of Spain besides business. You have various options to invest here. Moreover, profit is apparent.

We have lawyers at Mrofur Law Firm to guide you in attaining a golden visa and the best investment options. In this article, we will guide you thoroughly about how to apply, what the requirements are, the application procedure, and how to invest safely in attaining the Spanish golden visa program. So, stay tuned!

What Is the Nature Of The Spanish Golden Visa?

A golden visa is really golden and precious as it is essential for you as an entrepreneur. But you have to invest and purchase property in Spain first. 

The Golden Visa in Spain, officially known as the “Spanish Investor Visa” or “Residence Visa for Investors and Entrepreneurs,” is a residency program designed for non-European Union (EU) citizens who wish to live in Spain.

To qualify for the Golden Visa, you must invest significantly in Spain. Once the investment is made, applicants can apply for the Golden Visa, which grants you and your immediate family members (spouse and children) the right to live and work in Spain.

The visa is initially valid for one year and can be renewed every two years as long as the investment is maintained.

Eligibility Criteria for the Golden Visa in Spain

You have to meet the following conditions

Investment in Real Estate:

You can Invest a minimum of €500,000 in real estate property in Spain. This threshold may be lower in certain regions classified as “rural” or “depressed economic areas.”

Investment in Securities:

You can purchase shares of Spanish companies, invest in Spanish investment funds, or deposit a significant amount in a Spanish bank account. The minimum investment amount varies and may be around €1 million or more.

Business Investment:

Start a business in Spain or invest significantly in an existing Spanish company. The required investment amount may be around €1 million or more.

Creation of Jobs:

Creating jobs in Spain, such as employing Spanish citizens or residents, can also qualify for the Golden Visa.

Clean Criminal Record:

You must have a clean criminal record in Spain and any other countries of residence.

Health Insurance:

You have to provide proof of public or private health insurance coverage in Spain.

Financial Stability:

Demonstrate sufficient financial means to support oneself and any family members during the stay in Spain.

No Immigration Violations:

Applicants must not have any previous immigration violations in Spain or other Schengen countries.

Investment Procedure For Acquiring A Golden Visa

The investment procedure for obtaining a Golden Visa in Spain involves several steps, depending on the type of investment you choose to make. Here is a general overview of the investment procedure for the Golden Visa:

Real Estate Investment:

Find a Property: 

The first step is to identify and choose a property in Spain that meets the minimum investment requirement. 

This is typically €500,000 or more, but it may be lower in certain regions classified as “rural” or “depressed economic areas.”

Due Diligence: 

Conduct thorough due diligence on the property, including legal checks, property inspections, and title verification. You can approach our  lawyers at a marfour law firm.

Purchase Agreement: 

Once you’ve selected the property, you’ll need to sign a purchase agreement with the seller. This agreement should outline the terms and conditions of the sale.

Open a Spanish Bank Account:

You’ll need to open a bank account in Spain to transfer funds for the property purchase and ongoing expenses. Some banks allow this to be done remotely, but others might require in-person visits.

Transfer Funds: 

Transfer the required investment amount (€500,000 or more) to your Spanish bank account. This can be done through a bank transfer or a bank draft.

Obtain NIE Number:

Before completing the property purchase, you’ll need to obtain a Spanish Tax Identification Number (NIE). This is required for all financial transactions in Spain, including property purchases.

Sign the Deed:

Finalize the property purchase by signing the deed of sale (escritura pública) in front of the public in Spain. This deed will transfer the ownership of the property to you.

Register the Property:

Register the property in the Spanish Property Registry. This step ensures that your ownership rights are officially recognized.

Apply for the Golden Visa: 

Once the property purchase is completed, gather all required documents, including the property deed, proof of investment, NIE number, and other necessary paperwork. 

Submit the Golden Visa application to the Spanish Consulate in your home country or directly in Spain.

Visa Approval:

Upon approval, you will receive a one-year residence visa, which allows you and your family members to reside in Spain.

It’s highly recommended to work with a reputable real estate agent or lawyer.

It would help if you approached a lawyer for it. Here at Marfour Law Firm, we offer the best lawyers who specialize in Golden Visa transactions. 

They can guide you through the process, handle legal aspects, and ensure a smooth transaction.

Consult a lawyer for due diligence: 

You always need a lawyer to conduct thorough due diligence on the property, business, or investment opportunity. This includes legal, financial, and structural checks.

Lawyer will Keep records:

Lawyers will maintain detailed records of all transactions, agreements, and paperwork related to your investment for future reference.

Application Procedure​​​ For Golden Visa in Spain

The consular Office is competent to accept visa applications from individuals residing in the consular district. 

Who can apply for a permit?

 Visa applications must be submitted in person by you as an applicant or by one of your parents if you are a minor. They may also be submitted through a duly accredited representative. 

Visa application period:

1 year as of the capital investment. This period is not applicable to investments in real estate, but investments made before September 29, 2013, will not be eligible. 

Place of submission: 

• BLS. Spain Visa Application Centre​
• Spain Visa Application Centre
• 20 St Andrew Street, London EC4A 3AG​

Proof of receipt: 

The Consular Office will provide you with proof of receipt of the application with a code that enables them to check the status of the dossier through the following link: https://sutramiteconsular.maec.es/Ho​me. aspx 

Rectifying the application: 

The Consular Office may ask you to submit any missing documents, or to provide additional documents or data that are necessary for a decision regarding the application. You may also be called in for a personal interview. 

Decision period: 

The legal period for reaching a decision is ten days from the day the application is submitted, but this period may be extended when an interview or additional documents are requested. 

Collecting the visa: 

The visa must be collected in person by the applicant or by their representative within a maximum period of one month, counting as the day after the date on which the favorable decision is notified. 

The Consular Office will inform the applicant regarding the procedure for returning the passport and any other original documentation.  

Visa refusal:

Visa refusals will always be notified in writing, setting forth the grounds on which the decision adopted was based. 

Appeals:

If a visa is refused, the applicant may submit an appeal for reconsideration to this Consular Office within one month of the day following the date on which notification of the refusal is received. 

The appeal addressed to the Visa Department must be posted by Royal Mail or other courier service provider to this Consulate. An application for judicial review may also be filed with the High Court Justice of Madrid within the two months beginning the day after the date on which the applicant receives notification of the visa refusal or the dismissal of the reconsideration appeal.

The validity period of the visa:

The visa is valid for one year. The visa accredits residence in Spain during its validity period, making it unnecessary to obtain a Foreigner Identity Card.

However, this card may be applied for at the Foreign Nationas’ Office or the corresponding Police Station, but you cannot go directly to apply for the TIE since you have to obtain the investment authorization through the Large Companies Unit.

Once you have such authorization, you can apply for the TIE.

Required Documents For The Investor ​​

1. National visa application

 You, as an applicant or your representative, must complete and sign a visa application form, filling in each section. 

2. Photograph

A recent, passport-size, color photograph taken against a light background, facing forward, without dark or reflective glasses or any garments concealing the oval of the face. 

3. Valid, unexpired passport. 

The passport must be original and a photocopy of the page or pages that contain biometric data. It must also have a minimum validity period of one year and two blank pages. Passports issued more than ten years ago will not be accepted. 

 ​4. Documents accrediting the investment. 

Original and a copy of the following documents:

• Investment in unquoted stocks and shares: Declaration of investment made at the Foreign Investments Registry of the Ministry of Economic Affairs and Digital Transformation.
• Investment in quoted stocks: A certificate from the financial intermediary registered at the National Securities Market Commission (CNMV) or Banco de España accrediting that the interested party has invested.
• Investment in public debt: A certificate from the financial entity or Banco de España accrediting that the applicant has been the sole owner of the investment for a period equal to or exceeding five years.
• Bank deposit: Bank certificate indicating that the applicant is the sole owner of the investment.
• Investment in real estate: A certificate from the Land Register with up-to-date information on ownership and encumbrances, issued no more than 90 days earlier, and a deed of sale if the amount of the purchase is not included in the certificate on ownership and encumbrances.
• Investment in a business project: A favorable report from the relevant Economic and Commercial Office of this consular district stating the general interest that the business project will serve.

Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. 

5. Financial means.

Original and a copy of the documents proving sufficient own financial means or accrediting a regular source of income for the investor and, where applicable, for the family members accompanying them. 

The minimum required amount is equivalent to 400% of Spain’s Public Multiple Effects Income Indicator (IPREM). 

To this amount 100% of the IPREM for each family member. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. 

6. Criminal record check certificate

Applicants of legal age who apply for a visa must submit the original and a copy of the criminal record check certificate(s) issued by their country or countries of residence for the past two years. Additionally, a responsible declaration​​ of the absence of criminal records of the last five years will be presented.​ 

This certificate can be six months old unless it specifies a more prolonged expiration.

For UK Criminal Records, submit an ACRO Certificate.

These certificates must be legalized through the consular representations of the issuing country or, in the case of signatory countries to the Hague Convention of October 5, 1961, hold the Hague Apostille, except official documents issued by a Member State of the European Union, which will not require legalization.

Sworn translation into Spanish is also required.

7. Health insurance

Original and a copy of the certificate accrediting the public or private health insurance contracted with an insurance entity authorized to operate in Spain. 

8. Proof of residence in the consular district.

 The applicant must provide proof of their legal residence in the consular district or that they are attending classes in person in the consular district. To verify your consular district, please visit the relevant web section of this Consulate.

9. Proof of the representative’s identity and capacity

If the visa application is submitted through a representative, a copy of the representative’s identity document or passport and a power of attorney or document, accrediting representation must be submitted. 

The originals must be shown when applying. Foreign documents must be legalized or apostilled and, where applicable, submitted together with an official translation into Spanish. 

10. Payment of the visa fee.

The visa fee is compulsory and must be paid at the same time as submitting a visa application. The fee must be paid in local currency, and it is subject to regular changes due to currency fluctuations. Please check the list of Consular fees.

Required documents for family members​ 

For each family member accompanying the investor, the following must be submitted:

• All the required documents specified in sections 1, 2, 3, 6, 7, 8, and 10, and where applicable, those specified in section 9 also. In the case of minors, the visa application must be signed by one of their parents or by a duly accredited representative.  
• Documents proving a family relationship with the investor: birth or marriage certificates issued by the civil registry, certificate of registration as an unmarried couple, or any other document proving that the relationship is an unregistered partnership. Foreign documents must be legalized or apostilled and, where applicable, submitted together with an official translation into Spanish. 
• For adult children, documents prove their financial dependence and civil status. Foreign documents must be legalized or apostilled and, where applicable, submitted together with an official translation into Spanish.​
• In the case of relatives in the ascending line, documents proving they are in the investor’s care must be submitted. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. 
• When necessary to assess the application, the Consular Office may request additional documents or data and may also ask the applicant to come in for a personal interview.

Renewal Process:

Prepare Documentation: 

Gather all required documents for the renewal application, including proof of investment, residency, clean criminal record, health insurance, and financial stability.

Application Submission:

Submit the renewal application at the designated immigration office in Spain. This can typically be done in person or through an authorized representative.

Application Review: 

The immigration authorities will review the application and supporting documents to ensure they meet the renewal requirements.

Decision:

Once the application is processed, a decision will be made regarding the renewal of the Golden Visa.

New Residence Permit: 

If the renewal is approved, the visa holder will receive a new residence permit, typically valid for an additional two years.

Benefits of The Spanish Golden Visa

The Spanish Golden Visa offers several benefits to individuals and their families who qualify for this residency program. Here are some of the critical advantages of obtaining a Golden Visa in Spain:

Residency in Spain:

The primary benefit is the right to reside in Spain for the visa holder and their immediate family members, including spouses and dependent children.

Freedom of Movement within the Schengen Area:

Holders of the Spanish Golden Visa can travel freely within the Schengen Area, which comprises most EU countries, without the need for additional visas or permits.

Path to Permanent Residency:

After holding the Golden Visa for five years, investors can apply for permanent residency in Spain. This provides a more stable and long-term status in the country.

Potential for Spanish Citizenship:

After ten years of residency in Spain, Golden Visa holders may be eligible to apply for Spanish citizenship, offering the benefits of being an EU citizen.

Access to Education and Healthcare:

Golden Visa holders and their families have access to Spain’s public education and healthcare systems, providing quality services for themselves and their children.

Business and Investment Opportunities:

Spain offers a favorable environment for business and investment, allowing Golden Visa holders to explore entrepreneurial opportunities, start businesses, or invest in various sectors of the economy.

Family Reunification:

The Golden Visa extends to the immediate family members of the investor, including spouses and dependent children. This allows families to stay together and enjoy the benefits of residency in Spain.

Attractive Real Estate Market:

For those who choose the real estate investment option, Spain’s property market offers a diverse range of properties, from coastal villas to historic city apartments.

Cultural and Lifestyle Benefits:

Spain is renowned for its rich culture, history, cuisine, and vibrant lifestyle. Golden Visa holders can immerse themselves in Spanish culture, explore historical sites, enjoy festivals, and savor the local cuisine.

Ease of Travel and Business Networking:

With access to the Schengen Area, Golden Visa holders can travel easily for business, leisure, or networking opportunities within Europe.

Stable Legal Environment:

Spain offers a stable and well-established legal system, providing security and protection for investors and their assets.

Simple and Transparent Application Process:

The Golden Visa application process is generally straightforward, with clear guidelines and requirements, making it easier for investors to obtain residency.

Tax Benefits:

While the main focus of the Golden Visa is residency, Spain also offers favorable tax conditions for residents, including tax breaks for new residents.

FAQs

What is the Spanish Golden Visa?

The Spanish Golden Visa is a residency-by-investment program that allows non-EU citizens and their families to obtain residency in Spain by making a significant investment in the country.

What are the investment options for the Golden Visa?

The main investment options include real estate (with a minimum investment threshold), investment in securities (such as shares or funds), starting a business in Spain, or creating jobs in the country.

What is the minimum investment required for the Golden Visa?

The minimum investment amount varies based on the type of investment:

• Real Estate: Typically €500,000 or more, with potential lower thresholds in certain regions.
• Securities: Usually around €1 million or more.

Conclusion

Hence, the Spanish Golden Visa program offers an opportunity for individuals seeking residency in Spain through property investment. 

This initiative not only grants residency rights in a beautiful and culturally rich European country but also provides a gateway to the broader Schengen Area.

Through its streamlined process and numerous benefits, such as visa-free travel within the Schengen Zone and the potential for Spanish citizenship, the Golden Visa program stands as a beacon for those looking to invest in their future and embrace the vibrant lifestyle Spain has to offer.

Whether it be for personal enjoyment, business ventures, or simply a change of scenery, the Spanish Golden Visa undoubtedly presents a golden opportunity worth considering.

The Spanish Golden Visa (also known as the Spanish Investor Visa, Investment Visa, or Wealth Visa in Spain) is the easiest way for non-EU citizens to get a Spanish Residency Permit and Work Authorization.

If the applicant is outside Spain, the Golden Visa application will be done at the Spanish Consulate located near their legal residence. The investor can get a visa valid for 1 year.

If the applicant is currently in Spain, they can submit a Residence Permit to the Large Business and Strategic Groups Unit (Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE). Doing this, the investor can obtain a Spanish Investor Residency and Work Authorization valid for 2 years.

Decisions on Spanish GOLDEN applications will be made and notified by the Spanish Consulate within 10 working days, while the Spanish INVESTOR RESIDENCY authorizations will be made and notified by the Large Companies and Strategic Economic Sectors within a maximum of 20 days from the filing of the application.