GMS Flash Alert 2024-224

Spain – Golden Visa Set To Be Cancelled

GMS Flash Alert 2024-224 | November 13, 2024

In April, the Spanish government announced1 its intention to eliminate the "Golden Visa" for real estate investments,2 following the review by the Council of Ministers on the situation of the residence-by-investment regime, regulated under Law 14/20133.

Progress has been made to achieve this aim, with the Congress of Deputies (Congreso de los Diputados) approving an amendment on 4 November 2024, to include this matter in the Organic Law Project concerning measures for the efficiency of the Public Justice Service and collective actions for the protection and defense of consumer rights.4

WHY THIS MATTERS

The planned elimination of this “entry” / residency path will limit the options for foreign nationals, particularly those thinking of making substantial investments in order to reside in Spain.  Any changes could potentially affect:

  • the preliminary analysis that is part of the immigration assessment;
  • the determination of the appropriate strategy;
  • the consideration of feasible timelines for the review/approval process to be completed.

Potential investors may encounter difficulties if unexpected changes occur.  They should be prepared for contingencies. 

More Details

The proposed amendment seeks to modify Law 14/2013, specifically aiming to:

  • eliminate articles 63 to 67 of Law 14/2013, which relate to residence visas for investors, including the "Golden Visa" for real estate investments.
  • introduce a transitional provision for those who have already invested and applied for the visa before the law is amended.

This provision states: "Investors or their family members who have submitted their applications before this provision becomes effective will be eligible to receive their visa or authorisation in accordance with the regulations in force at the time of their application."

The legislative text is currently under parliamentary review and will be debated in the plenary session of the Congress before being passed to the Senate.

Broader Context

To put this in context, the European Commission in 2022 recommended such programs, like Spain's Golden Visa, be terminated for national security reasons, as well as money laundering risks.5  Other European countries that have taken steps to phase out investor routes for accessing their country’s version of a Golden Visa include the Netherlands, Ireland, Portugal, and Switzerland.

According to a report in the BBC (in Spanish), applications for Spain's Golden Visas were disproportionately made by nationals of the People's Republic of China and Russia.6

KPMG INSIGHTS

This GMS Flash Alert aims to make readers aware of the current situation in Spain for these types of visas and the support KPMG in Spain intends to provide where necessary.  

Those individuals who had been planning to seek a Golden Visa by means of making qualifying investments in Spain may wish to discuss timeframes and other avenues to pursue with their usual immigration adviser or a member of the Immigration team with KPMG in Spain (see the Contacts section).

KPMG strives to remain abreast of any such changes and will endeavour to keep readers of GMS Flash Alert informed. 

Footnotes:

1  See the 9 April 2024 La Moncloa "X" posting on this announcement/matter (in Spanish) at: https://x.com/desdelamoncloa/status/1777657672742891609.

2  For more information on the Golden Visa (in Spanish) see the following Spanish government websites:

https://prie.comercio.gob.es/es-es/paginas/inversores.aspx.

https://www.exteriores.gob.es/es/ServiciosAlCiudadano/Paginas/Servicios-consulares.aspx?scco=Estados+Unidos&scd=287&scca=Visados&scs=Visados+Nacionales+-+Visado+de+inversor.

https://www.exteriores.gob.es/Consulados/londres/en/Information-consular-services/Documents/RIC-RIV-RVT-RPE-REP-REM%20ES-EN.pdf.

Agencia Estatal Boletín Oficial del Estado, Legislación consolidada, "Ley 14/2013, de 27 de septiembre, de apoyo a los emprendedores y su internacionalización" at: https://www.boe.es/buscar/act.php?id=BOE-A-2013-10074.

Boletín Oficial des las Cortes Generales, Congreso de los Diputados, "Proyecto de Ley Orgánica de medidas en materia de eficiencia del Servicio Público de Justicia y de acciones  olectivas para la protección y defensa de los derechos e intereses de los consumidores y usuarios" at:  https://www.congreso.es/public_oficiales/L15/CONG/BOCG/A/BOCG-15-A-16-4.PDF.

5  European Commission, 27 March 2022 Press release, "Commission urges Member States to act on ‘golden passports' and ‘golden residence permits' schemes, and to take immediate steps in the context of the Russian invasion of Ukraine."

6  See C.J. Orgaz, "Qué son las "golden visas" que España va a eliminar y quiénes se benefician de ellas," BBC (online) (10 abril 2024) at: https://www.bbc.com/mundo/articles/c3gxn510r82oPlease note that by clicking on this link you are leaving the KPMG website for an external site (non-KPMG, non-governmental), that KPMG is not affiliated with nor does KPMG endorse its content.  The use of the external site and its content may be subject to the terms of use and/or privacy policies of its owner or operator.

Contacts

Miguel Arias

Partner

KPMG in Spain

Patricia Contreras Garcia

Senior Manager, Immigration Lawyer

KPMG in Spain

More information

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Disclaimer

* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.

The information contained in this newsletter was submitted by the KPMG International member firm in Spain.

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