The Golden Visa: immediate residence for investors


Investors, entrepreneurs and highly qualified personnel can easily obtain a residence permit in Spain thanks to the Golden Visa, a programme for attracting talent and investment.

Red carpet for investors.

Since 2013, Spain has had a specific investor attraction plan that grants highly qualified profiles a residence permit almost immediately, as long as they meet a series of economic requirements when they land in our country. The “Residence Programme for Investors and Entrepreneurs”, better known as the Golden Visa, is a specific mechanism that speeds up the entry of non-EU investors into Spain, reducing the period for obtaining a visa to just 10 days; 20 days for the residence permit. The ultimate objective of this programme is to promote economic growth and job creation by attracting foreign investment.

The “golden visa” is a special permit that allows its holder to live and work in Spain for an initial year plus two years’ residence permit, which can be extended to five years in the case of investors. After that period, permanent residence may be applied for. This visa does not require the minimum stay in Spain required by the general law on foreigners to grant residency (183 days a year), but it is sufficient for the applicant to travel to Spain once a year. With that, both the bearer and his or her family members will be able to move freely throughout the 26 countries of the Schengen area.

Why is there a difference between a Golden Visa and a normal visa? Because the purpose of the Golden Visa is to attract investors, entrepreneurs and highly qualified personnel to our country. This is why its regulatory development is not regulated in the law on foreigners, but in Law 14/2013 on Support for Entrepreneurs and their Internationalisation, which creates a specific office for its application and processing, the “Unit for Large Companies and Strategic Groups”, UGE-CE.

As a general rule, in order to obtain both the initial visa and the subsequent residence permit, applicants need several mandatory documents:

  • Passport or NIE
  • Public or private health insurance.
  • Criminal record certificate. No criminal record in Spain or in the countries where you have resided in the last 5 years.
  • Proof of sufficient financial means for themselves and their family members during their period of residence in Spain.

In addition to this, depending on the applicant’s profile, additional documents will be required.

In this way, different strategic groups have been identified as eligible for the residence permit granted by the Golden Visa. In this article, we explain what requirements each of them must meet.

Investors

An investor is considered to be any foreigner over 18 years of age who has made a minimum investment in our country of:

  • Two million euros in Spanish public debt
  • One million euros in companies with real activity, in investment funds or in bank deposits.
  • 500.000 euros in real estate
  • A business project considered to be of general interest by the Directorate General for Trade and Investment. This must be requested before applying for the visa.

In these cases, if the applicant resides outside Spain, he/she can apply for a one-year visa at the diplomatic mission or consular office of Spain in his/her country. This application must be resolved within ten days. Once in Spain, and before the visa expires, you must apply for a two-year residence permit at the Large Companies Unit. Residence may be renewed for a further five years, after which permanent residence may be requested as long as the investment is maintained.

Entrepreneurs

Here the programme is aimed at non-EU citizens who want to develop an innovative business activity of special economic interest for Spain. This requirement must first be assessed by the Spanish economic and trade office in the entrepreneur’s country of origin or, if already residing in Spain, by the Directorate General for International Trade and Investment, following an ex officio request by the UGE-CE.

Unlike the investor, who makes an immediate financial outlay on one of the aforementioned assets, the extension of residency for entrepreneurs is for a more limited period of time. After the initial year of validity of the visa and the two subsequent years of residence, the entrepreneur may apply for an extension of another two years as long as the conditions that granted the authorisation in the first instance are maintained.

Highly qualified personnel

When a Spanish company needs to immediately incorporate highly specific and qualified profiles, it can apply for these permits to immediately incorporate workers from outside the European Union. In this case, companies must prove that they meet certain requirements related to size, annual net turnover, equity, net worth or investment.

The profiles eligible for this formula are managers and highly qualified personnel, as well as graduates and postgraduates from universities and schools of recognised prestige. All must have a job offer in Spain.

In addition to these professional profiles, the Residence Programme for Investors and Entrepreneurs includes special conditions for researchers, staff affected by an intra-corporate transfer and workers in the audiovisual sector. In addition, a law for digital nomads is currently in the pipeline.

More information on the PRIE PORTAL of the Spanish Ministry of Industry, Trade and Tourism.

Also, if you have any doubts about how to apply for this special visa, do not hesitate to contact Invest In Madrid. We are here to facilitate your landing in Madrid.

COMMITMENT TO ETHICAL AND RESPONSIBLE CONDUCT

The foreign investor expresses their utmost will and commitment to ethical, responsible and sustainable conduct, as well as due compliance to the regulations applicable to all their activities and operations. In this sense, they commit to duly complying with the regulatory framework that applies to them, as well as implementing ethical, responsible and crime-preventing procedures and/or policy measures.

Said commitment requires the investor to formally transmit this ethical and responsible conduct duty to all those involved and/or all participants in their business area and/or project in Invest In Madrid; specifically, to all employees, executives, collaborators, providers, clients and, in general, any person or entity related to them.

As a way to facilitate follow-up and implementation of said commitment, Invest In Madrid has developed conduct guidelines and guides for the appropriate follow-up and implementation of the aforementioned commitment. As a result, a corporate Code of Ethics was developed. It establishes the principles and values of ethical and responsible conduct, along with the rights, duties and responsibilities in terms of regulatory compliance of Invest In Madrid to all the people involved in this project.

Thus, the investor declares they have access to the aforementioned Code of Ethics, which they are aware of and voluntarily assume, for the purposes of applying the commitments and obligations included therein. In this sense, the investor commits to always acting with due diligence, in the interest of guaranteeing regulatory compliance, and, in particular, of preventing corporate criminal liability that could arise from their conduct.

Likewise, the investor commits to responding to the veracity of the data included on the platform and to the correct use of the information, professional services and tools provided by Invest In Madrid, in any moment from the start, set-up and subsequent expansion of the business.

Finally, as a guarantee of the exact and appropriate application of our ethical and responsible commitment, the investor assumes the responsibility of communicating to Invest In Madrid any indication, suspicion or evidence of possible regulatory non-compliance, crimes, unethical conduct and, in general, actions or conduct that run counter to the entity’s protocols, regulations and codes of conduct, included in the aforementioned Code of Ethics; through the Internal Information System provided for that purpose. All this with the guarantees and requirements of confidentiality, data protection, independence and protection of the informant established by the regulatory framework applicable to said System.

Invest In Madrid appreciates your support and collaboration with our commitment to ethics and regulatory compliance, as a mechanism for detecting any irregularities and aligning your responsible conduct with the fundamental values and principles that underly the ethical culture of our entity.

Data controller information

Identity: FUNDACIÓN MADRID POR LA COMPETITIVIDAD (CIF G84442755)
Address: Calle Velázquez, 53, 28001, Madrid
Phone: 91 220 28 00
E-mail: protecciondatos@fundacionmadrid.org

— Purposes of the processing

FUNDACIÓN MADRID POR LA COMPETITIVIDAD will process the information provided to us by interested persons for the following purposes:

  • To handle applications and documents from companies applying for the “Madrid Excelente” seal, as well as applications and documents related to other FUNDACIÓN MADRID POR LA COMPETITIVIDAD activities (Madrid Excelente Awards for Customer Trust, among others).
  • To handle any type of request, suggestion or question about our services from the individuals concerned.
  • For commercial communications: Processing your data for the purpose of informing you about activities, articles of interest and general information about our services via email.
  • For invitations to events and conferences: for the purpose of granting access to events and conferences organised by FUNDACIÓN MADRID POR LA COMPETITIVIDAD.
  • To promote events and conferences on social media: for the purpose of publicising the content of the events and conferences organised by FUNDACIÓN MADRID POR LA COMPETITIVIDAD. Said promotion includes both static and dynamic images.
  • To manage information provided by candidates for job positions through their Curriculum Vitae (CV), for the purpose of the selection and recruitment process. You expressly authorise FUNDACIÓN MADRID POR LA COMPETITIVIDAD to process your data for the stated purpose, allowing them to publish your name and surname(s), as well as qualifications obtained, if the organisation’s website deems it necessary.

 

FUNDACIÓN MADRID POR LA COMPETITIVIDAD will treat the data and information provided for the selection processes with the strictest confidentiality, adopting the technical and organisational measures necessary in order to avoid loss, incorrect use, alteration and/or unauthorised access. Data retention: Furthermore, we inform you that FUNDACIÓN MADRID POR LA COMPETITIVIDAD may store your Curriculum Vitae for a maximum period of one year. After that time, it will automatically be removed.

— Data retention criteria

  • Management of Curriculum Vitae: FUNDACIÓN MADRID POR LA COMPETITIVIDAD may store your Curriculum Vitae for a maximum period of one year. After that time, it will automatically be removed, pursuant to the data quality principle.
  • For commercial communications: Any person can unsubscribe from these communications at the following email address: protecciondatos@fundacionmadrid.org
  • The rest of the data and information shall be kept for as long as necessary to fulfil the purpose for which they were collected.

— Legitimation

The legal basis for the data processing is the consent of the individuals concerned to:

  • Processing and management of any request for information or questions about our services.
  • The sending of commercial communications by FUNDACIÓN MADRID POR LA COMPETITIVIDAD.
  • The sending of invitations to conferences and events organised by FUNDACIÓN MADRID POR LA COMPETITIVIDAD, as well as attendance control of said conferences and events.
  • The sending of your curriculum vitae.

— Recipients

Personal data is not disclosed to third parties, unless legally required to do so. International data transfers to third countries are not carried out either.

— Source

Personal data is obtained directly from the individuals concerned and our collaborators. The personal data categories that our collaborators provide us are the following:

  • Identification data.
  • Addresses or email addresses.
  • Images.
  • No sensitive data is processed.

— Rights

Right of Access, Rectification and Erasure: The individuals concerned have the right to obtain confirmation about whether FUNDACIÓN MADRID POR LA COMPETITIVIDAD is processing personal data that may concern them or not. The individuals concerned have the right to access their personal data as well as to request the rectification of inaccurate data, or, if applicable, to request their erasure when, among other reasons, they are no longer needed for the purposes they were collected.

 

Right to Restriction: In certain situations, the individuals concerned might request restricted processing of their data; in such cases, we shall only store them to make or defend claims. In certain circumstances, and for reasons related to their specific situation, the individuals concerned may object to the processing of their personal data. FUNDACIÓN MADRID POR LA COMPETITIVIDAD will stop processing the data in this case, except for compelling legitimate reasons, or to make or defend possible claims.

 

These rights may be exercised at www.corporate-line.com/cnormativo-madrid-competitividad.

– Updates and modifications

FUNDACIÓN MADRID POR LA COMPETITIVIDAD reserves the right to modify and/or update data protection information when necessary, in order to comply with the Data Protection Regulations. If any modifications are made, the new text shall be posted on this page, where you shall have access to the updated policy. In all cases, the relationship with users will be governed by the regulations established at the precise moment the website is accessed.

This legal disclaimer contains the conditions that govern use and access of the websites https://investinmadrid.com/ and www.fundacionmadrid.org, (hereafter the website) and the responsibilities arising from its use.

Fundación Madrid por la Competitividad understands that website access and navigation on the part of the user implies that they accept all the conditions published by Fundación Madrid por la Competitividad on the website at that time.

The FMC is a Madrid Region non-profit organisation, under the Ministry of Economy, Finance and Employment. Its objective is to improve business competitiveness. It consists of the organisations Madrid Excelente and Invest in Madrid.

 

— PURPOSE

The purpose of this site is to provide information on FMC’s activities.

 

— INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The contents of the website (text and photographs) are owned by FMC. The rest of the features, buttons, software files, colour combinations, as well as the structure, selection, organisation and presentation of the contents are owned by ‘wordpress’ and are protected by Spanish and international Intellectual and Industrial property laws.

Under no circumstances does accessing this website imply any type of total or partial waiver, transmission or transfer of the rights granted by Spanish and international legislation on Intellectual and Industrial property.

Reproduction (except for temporary downloads from the website to the hard drive of the user’s computer or to proxy servers), copying, use, distribution, reuse, exploitation, making of second copies, sending by mail, transmission, modification, transfer or any other act that is done with all or part of the information contained on this website that has not been expressly authorised by the owner is prohibited. Disseminating images is only permitted with explicit reference to their creators (FMC).

The user under­takes to use the contents in a diligent, correct and lawful manner and, in particular, undertakes to refrain from deleting, evading or manipulating the copyright and other data identifying the rights of FMC or its owners incorporated into the contents, as well as the technical protection devices or any information mechanisms that may be included in the contents. Moreover, the user will abstain from using the contents, and, in particular, any type of information obtained through the site to send advertising, communications for the purpose of direct sale, or unsolicited messages to a large number of people regardless their purpose, as well as refraining from marketing or distributing said information in any manner.

 

— ACCESS

Users may access the site freely and free of charge.

 

— RESPONSIBILITY AND OBLIGATIONS

RESPONSIBILITY FOR THE CONTENT

The content of this website is of a general nature, with an exclusively informative purpose and effects of FMC’s activities and services.

FMC disclaims any liability for any decision taken by the user of the website as a result of the information contained therein, especially in regard to the technical features of the cables.

FMC accepts no responsibility for any information not created by FMC or not published under its name in an authorised manner, as well as any responsibility arising from the misuse of the contents. FMC also reserves the right to update, eliminate, limit or prevent access to the contents, either temporarily or permanently.

 

RESPONSIBILITY IN THE EVENT THAT THIS PAGE IS THE DESTINATION OF A LINK FROM A DIFFERENT PAGE

As regards links established by other pages to this site as well as if any user, entity or Web page wishes to establish any type of link to the FMC website, they must comply with the following conditions:

– They must seek permission before setting up the link and the granting of such permission must be expressly stated.

– Only the home page may be linked to.

– The link must be absolute and complete, meaning that it must direct the user to FMC’s web address and it must fully cover the entire extension of the screen of the home page.

– No erroneous or incorrect indications shall be provided with regard to the FMC page.

– Written authorisation is required in order to display any distinctive sign of FMC, such as trademarks, logos or name.

– The Owner of the website posting the link must be acting in good faith and not set out to harm the reputation or good name of FMC.

– It is forbidden, unless expressly authorised by FMC, to register the text elements of the trademark or logo, the domain name or the name fundacionmadrid.org as a keyword (metatags or metanames) for websites searches performed through search engines.

FMC declines any type of responsibility for any aspect relating to the pages that post the link. The establishment of a link does not imply the existence of any type of relationship, collaboration or dependency between FMC and the owner of that web page.

 

RESPONSIBILITY FOR TECHNICAL ASPECTS

FMC does not guarantee the continuity of the operation of the website, nor does it guarantee that the website will be operative and available at all times.

FMC accepts no liability for direct or indirect damages, including damage to computer systems and the introduction of Internet viruses, arising from the Internet browsing necessary for the use of this website.

 

OBLIGATION OF USERS

The user shall be liable for any damages that FMC may suffer as a consequence of noncompliance with any of the obligations determined in this legal disclaimer.

With regard to browsing, the user undertakes to diligently and faithfully observe the recommendations that FMC establishes at any given time in relation to the use of the site. For these purposes FMC shall address users by any means of communication through the website.

 

— DURATION AND MODIFICATION

FMC shall have the right to unilaterally modify the terms and conditions stipulated herein, in whole or in part. Any changes will appear in the same way as they appear in this legal disclaimer.

The duration of the validity of this legal disclaimer therefore coincides with the time of its display, until the time it is totally or partially modified by FMC.

FMC may unilaterally terminate, suspend or interrupt the operation of this website, with the user having no possibility to request compensation. Following said termination, the user must destroy any information about FMC that they own in any format and have obtained through the site or through the communications made individually to the user by it.

 

— LEGISLATION AND JURISDICTION

These terms of use are governed by Spanish law.

Users and FMC, expressly waiving their own jurisdiction, shall submit all interpretations or conflicts which may arise from this legal disclaimer to the Courts and Tribunals of Madrid.

COMMITMENT TO ETHICAL CONDUCT AND PROFESSIONAL RESPONSIBILITY

The local partner expresses their utmost will and commitment to ethical, responsible and sustainable conduct, as well as due compliance to the regulations applicable to all the activities and operations they contribute to Invest In Madrid. In this sense, they commit to duly complying with the regulatory framework that applies to them in the services and activities published on the web page, as well as implementing ethical, responsible and crime-preventing procedures and/or policy measures.

As a way to facilitate follow-up and implementation of this commitment, Invest In Madrid has developed conduct guidelines and guides for the appropriate follow-up and implementation of the aforementioned commitment. As a result, a corporate Code of Ethics was developed. It establishes the principles and values of ethical and responsible conduct, along with the rights, duties and responsibilities in terms of regulatory compliance of Invest In Madrid and its collaborating partners.

This is the framework of ethical and responsible conduct that all local partners have the duty to apply and formally transmit to all those involved and/or all participants in the area of the provision of services provided to Invest In Madrid (employees, executives, collaborators, providers, clients and, in general, any related person or entity). Thus, the local partner declares they are aware of and voluntarily assume the aforementioned Code of Ethics, for the purposes of applying the commitments and obligations included therein.

Likewise, the local partner accepts that they have the technical capacity, guarantees and experience needed to offer the investors the services included in the area of Invest In Madrid, with the necessary technical, legal and organisational requisites and high quality and safety standards. Therefore, the local partner commits to always acting with due professional diligence, in the interest of guaranteeing regulatory compliance, and, in particular, of preventing corporate criminal liability that could arise from their conduct. Likewise, the local partner is responsible for the veracity, accuracy, validity and authenticity of the information included in the form and/or provided through any other means.

Finally, as a guarantee of the exact and appropriate application of our ethical and responsible commitment, the local partner assumes the responsibility of communicating to Invest In Madrid any indication, suspicion or evidence of possible regulatory non-compliance, crimes, unethical conduct and, in general, actions or conduct that run counter to the entity’s protocols, regulations and codes of conduct, included in the aforementioned Code of Ethics; through the Internal Information System provided for that purpose. All this with the guarantees and requirements of confidentiality, data protection, independence and protection of the informant established by the regulatory framework applicable to said System.

Invest In Madrid appreciates your support and collaboration with our commitment to ethics and regulatory compliance, as a mechanism for detecting any irregularities and aligning your responsible conduct with the fundamental values and principles that underly the ethical culture of our entity.

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