The Spain Golden Visa Program – FAQ

Is the Spanish residence by Investment (RBI) program targeted for all foreign citizens?

No. The program is only focused on non-EU citizens. 

It is not applicable to EU members or to any other foreigner under the EU law umbrella who are beneficiaries of free residence and movement rights.

Where are the applications processed?

If the applicant is outside Spanish territory, the application may be filed before the Spanish Consulate of the applicant residence country and will grant the right to reside and work in Spain for 1 year (“Residence visa”).

If the applicant is in Spain legally, the application may be filed before the Unit of Large Companies and Strategic Economic Sectors of the General Immigration Subdirectorate, belonging to the General Directorate of Migration, within the General Secretariat of Immigration and Emigration of the Ministry of Employment and Social Security. In that case, the authorisation will grant the right to reside and work in Spain for 2 years.

Which documents do I have to submit together with my application?

The general and specific requirements established in accordance with the provisions of Law 14/2013.

Which family members could be included in my application?

• Main applicant husband/spouse or person with an analogous affective relationship.
• Children under the age of 18.
• Children of legal age who, depending economically on the main applicant, have not constituted a family unit.
• Main applicant ascendants in first grade (grandparents etc) depending economically on the main applicant.

How many residence renewals are possible?

There is no legal limit for the number of renewals to be granted by the Spanish Administration if the applicant has evidenced the investment maintenance and personal requirements as well as fulfillment obligations before the Spanish Tax and Social Security System.

Children of legal age or over should evidence in each renewal their economical dependance on the main applicant.  

The residence visa will be renewed initially for a 2-year term. The residence authorization will be renewed initially for a 5-year term.

Do I have to make an additional investment if I include family members in my application?

No. No additional investment is required for additional family members. 

As an example, a main applicant’s acquisition of a villa with a value equal to or greater than EUR 500,000 will enable the residence authorization for further family members, i.e.spouse, 2 minor children, 2 children over 18 years old, and 2 grandparents, all economically dependant on the main applicant.

For this purposes, what should be understood as “real estate”?

Any kind of real estate assets such as rustic land, urban plots, buildings, houses, commercial premises, offices, parking spaces, and so on.

Is the holder of an investment visa in Spain free to visit and settle in across the EU?

Foreigners holding a long-stay visa or a residence permit issued by one of the Member States may, under that permit and with a valid travel document, circulate freely for no more than 3 months in any 6-month period, within the territory of the other Member States, provided that they comply with the conditions for (Schengen Borders Code), and they do not appear in the national refused entry list of the Member State in question.    

The entrance conditions are:

• To be in possession of a valid travel document giving the holder the right to cross the border;
• Must have been issued within the previous 10 years;
• To be in possession of documents justifying the object and the conditions of the intended stay and having sufficient means of subsistence, both for the period of stay envisaged and for the return to the country of origin or transit to a third country in which their admission is guaranteed, or be in a position to legally obtain said means.  
• Not be registered as not admissible in the SIS;   
• Not to pose a threat to the public order, internal security, public health or international relations of any of the Member States or, in particular, be listed as inadmissible in the national databases of any Member State for the same reasons. 

Do I have any obligation to reside in Spain?

The acquisition of a residence visa or authorization does not demand effective residence in Spain (to reside in Spain for more than 183 days per year).

Law 14/2013 requires to visit Spain at least once during the residence permit.

Can we work in Spain during the residence permit?    

Yes. Law 14/2013 authorize main applicant and family members to reside and work in Spain during the residence permit following the requirements of the Spanish labor legislation.  

Which requirements should I meet to obtain a longterm or permanent residence (PR) permit in Spain?     

To have resided legally, effectively and continuously in Spanish territory for 5 years.     

The residence will not be affected by absences from the Spanish territory ofup to 6 continuous months, provided that the sum of these does not exceed a total of 10 months within 5 years, except if the applicant left the Spanish territory in an irregular manner. 

Please note that the previous information supplied (FAQs) does not constitute in any case legal advice to the reader.

For further information about the Spanish RBI program, please visit Antequera Real Estate & RBI Law’s website or contact them directly through their contact email.