Today, we share a success story that highlights the importance of a well-planned migration strategy and a solid documentary defense before the Spanish authorities.
This case involves a British family consisting of two young parents and two minor children, who initially decided to move to Spain under a non-lucrative residence visa with the goal of starting a new stage of life and professional development.
Far from being an early retirement (a common reason for choosing this route) the family’s plan included a first year of adaptation and integration, followed by the modification of their administrative status to engage in self-employment, create their own business, and actively contribute to the local and national economy.
The Strategic Key: Securing the Renewal Before the Modification
From the outset, our recommendation was clear: prioritize renewing the non-lucrative residence for two additional years before initiating the procedure to modify their status to self-employment.
The reason is crucial. Modification procedures often involve lengthy timelines due to the preparation of the business plan, obtaining licenses, and the administrative processing itself. Having a valid renewal in place provides legal certainty for the family throughout the process, avoiding any administrative uncertainty.
Therefore, it was decided to submit the renewal of the non-lucrative residence for all family members, while simultaneously progressing with the business plan and other necessary procedures.
The Main Challenge: Proof of Financial Means
The most delicate aspect of the case was demonstrating sufficient financial means. The family had sold their assets in their country of origin to invest in their project in Spain, so the available savings were real, consistent with their life plan, and fully traceable. However, these funds were held in a UK bank account and were somewhat tight for a family of four.
At the initial application with the consulate, these funds had already been reviewed and accepted by the authorities. However, during the renewal process (and despite submitting the updated bank documentation again at the time of the renewal application) an additional request regarding financial means was issued after nearly 2 months of processing.
The request indicated that foreign bank statements had to meet a minimum content equivalent to that required in Spain, including, among other aspects, the full identification of the bank, account details, relevant dates, and various types of balances.
Furthermore, some interpretative guidelines state that, for two-year renewals, applicants must demonstrate an amount equivalent to twice 400% of the IPREM, plus twice the corresponding percentage for each dependent family member. However, this interpretation is not universally applied and depends on the criteria of each office and the specific circumstances of the case.
The Legal Response: Principle of Freedom of Evidence
In response, a solid and detailed statement of arguments was submitted, based on the principle of freedom of evidence, under which a strict or fixed form of proof is not required; instead, sufficient elements must be provided to reliably demonstrate the availability of financial resources.
Specifically, it was emphasized that the bank documentation clearly and objectively demonstrated:
- The existence of sufficient, stable, and easily accessible funds, considering that the request referred only to 400% of the IPREM for the main applicant and 100% per dependent, without explicitly mentioning the doubled amount.
- The continuity and traceability of the funds, as it was the exact same foreign bank account previously positively evaluated in the initial application. Requesting different documentation or questioning funds already accepted by the authorities would be inconsistent and unjustified.
- The need to respect jurisdictional differences, since UK bank documentation does not necessarily match the format or content required in Spain.
- The stability of the account balance over an extended period, without significant fluctuations.
Additional Favorable Factors
Beyond the principal capital, other elements were highlighted to reinforce the family’s financial sufficiency:
- Regular interest income generated from the savings, providing an additional and steady source of funds.
- No rental expenses, as the family resided in a property provided free of charge by relatives, significantly reducing monthly living costs in Spain.
These factors allowed the authorities to conduct a comprehensive, realistic, and proportionate assessment of the family’s financial situation, taking into account not only the available capital but also the actual expenses.
Outcome: Renewal Granted
Based on the documentation and the arguments presented, it was confirmed that the family far exceeded the minimum threshold required for a family unit of four, comfortably meeting the requirement of sufficient financial means.
The result was the granting of the non-lucrative residence renewal for two additional years, ensuring the family’s administrative stability and allowing them to move forward, with full legal certainty, toward their next objective: modifying their residence to start their own business in Spain.
Expert Assistance for Your Non-Lucrative Visa Renewal
If you find yourself in a similar situation and require assistance with renewing your non-lucrative visa for you and your family, or wish to transition to a self-employment residence in Spain, get in touch with us. Our team of experts will provide structured, reliable, and fully compliant support throughout the process, ensuring your application is handled with the utmost care and professionalism.
