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About Residence by Investment Law in Fuengirola, Spain

Residence by Investment, often known as the Spanish Golden Visa, allows non-EU nationals to obtain legal residency in Spain through qualified investment. Fuengirola, a vibrant coastal city in the Costa del Sol, is a popular location due to its strong property market and appealing lifestyle. Under Spanish law, foreign investors can secure a renewable residence permit, facilitating travel, settlement, and family reunification. The most common route is through real estate investment, although other options like capital investment and business projects exist. This process is governed by national legislation but also requires adherence to local regulations in Fuengirola and the wider Andalusia region.

Why You May Need a Lawyer

Investing in a foreign country is a significant decision and navigating Spanish immigration and property laws can be complex. Common situations where legal help is essential include:

  • Understanding eligibility criteria and choosing the optimal investment route.
  • Reviewing and executing real estate transactions and contracts in Fuengirola.
  • Ensuring compliance with both national immigration regulations and local zoning or building codes.
  • Managing documentation for family reunification or dependents.
  • Addressing tax implications and asset protection strategies.
  • Interpreting the impact of local regulations on your investment and residency rights.
  • Appealing visa rejections or dealing with administrative challenges.

A local lawyer familiar with both Spanish and Fuengirola-specific laws can help safeguard your interests and guide you every step of the way.

Local Laws Overview

Residence by Investment in Fuengirola is shaped by Spanish national law, specifically Law 14/2013, which outlines the requirements for investor visas. Fuengirola, as part of Andalusia, may have specific local regulations concerning property ownership, zoning, and taxation that investors must respect.

  • Investment Threshold: The minimum investment for real estate is 500,000 euros per applicant, not financed by a mortgage or loan for the qualifying amount.
  • Legal Due Diligence: Property must be free from encumbrances and legally registered. Local notaries and registries in Fuengirola handle these verifications.
  • Permits and Licenses: For business investments, local permits or business licenses are required and may vary depending on activity and location within Fuengirola.
  • Taxes and Fees: Property buyers face transfer taxes, stamp duty, and notary fees. Annual property tax (IBI) is due to the Fuengirola town hall.
  • Residency Rights: The Golden Visa grants residency and travel within the Schengen area, with renewals dependent on maintaining the investment and meeting stay requirements.
  • Family Members: Spouses, children, and dependent relatives can be included under certain conditions.

Engaging a lawyer ensures compliance with both national and local laws, reducing risks of delays or costly mistakes.

Frequently Asked Questions

What is the minimum investment required for residence by investment in Fuengirola?

The minimum is 500,000 euros in real estate, fully paid without a mortgage for that amount. Other routes include capital investments of at least 1 million euros in Spanish businesses or bank deposits, or 2 million euros in Spanish government bonds.

Can my family be included in my Golden Visa application?

Yes. Spouses, children under 18, dependent adult children, and dependent elderly parents can usually be included subject to proof of dependency and their relationship to the primary applicant.

Do I have to live in Fuengirola year-round to maintain my residency?

No. Golden Visa holders are not required to live full time in Spain; they must visit once per year to renew the permit.

How long does the application process take?

After investment, Golden Visa applications are typically reviewed within 20 working days, provided all documentation is complete and correct.

What taxes will I need to pay as a property owner in Fuengirola?

Owners pay Transfer Tax (ITP) on resale properties or VAT plus stamp duty on new builds, annual property tax (IBI), and Non-Resident Income Tax if the property is not your main home.

Will I receive permanent residency or citizenship directly through investment?

The Golden Visa initially grants a temporary residency permit. Permanent residency may be available after five years of legal residence. Citizenship can typically be applied for after ten years, subject to residency and other legal conditions.

What documents are needed for the application?

Key documents include proof of investment, valid passport, medical insurance, proof of financial means, clean criminal record, and recent photographs. Family members require similar documentation adapted to their situation.

Is financing allowed for the minimum investment amount?

No. The qualifying investment amount must be free of liens or loans. Additional purchases above 500,000 euros can be financed.

What role does a local lawyer play in the process?

A Fuengirola-based lawyer ensures due diligence on the property, negotiates contracts, verifies compliance with all laws, prepares residency documents, and deals with local authorities on your behalf.

Are there restrictions on which properties can be purchased?

Generally, there are no restrictions, but properties must have all legal licenses, be free from encumbrances, and be suitable for habitation if residential. Your lawyer will confirm eligibility.

Additional Resources

Consider consulting these resources for further information and support on Residence by Investment in Fuengirola:

  • Spanish Ministry of Foreign Affairs (Ministerio de Asuntos Exteriores) for visa requirements and processing.
  • Fuengirola Town Hall (Ayuntamiento de Fuengirola) for local registration, property taxes, and urban planning inquiries.
  • Official Association of Property Registrars (Colegio de Registradores) for real estate due diligence.
  • Local branches of the Andalusian Bar Association for finding specialized immigration or property lawyers.
  • Chambers of Commerce in Fuengirola for business investment opportunities and support.

Next Steps

If you are considering residence by investment in Fuengirola, start by assessing your eligibility and defining your investment objectives. Gather your financial documentation and identify potential investment options. Consult with an experienced lawyer in Fuengirola who specializes in immigration and property law to guide you throughout the process. Your lawyer will assist with due diligence, investment, application preparation, and ongoing legal compliance. Taking these steps ensures the process is smooth, your interests are protected, and your transition to life in Spain is successful.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.