2

Recently, some Spanish consulates have been telling applicants for a "non-lucrative" visa that their income cannot be from any job, not even telecommuting for a non-Spanish company.

Someone posted in a Facebook group an English summary of a Spanish Court ruling that contradicts this. I've asked four times there for a link to the (official) Spanish ruling, but no luck.

I find searching for Spanish law on the BOE site difficult. Matter of opinion whether that's due to the site design or to my limitations with the language. Update: Just discovered the BOE has a language menu—but when I selected English, was told (in Spanish) that content is not available in English!

I went to another site that is for courts only, where a free-text search for visa OR visado OR extranjero had zero results. (On BOE, 65 hits, but none of them were pertinent and only one was from a court.)

Anyone able to provide a citation to the official text of the ruling?

Improve this question
6
  • 1
    Did any of the FB post disclose the name of the person who litigated this issue?
    – DavidRecallsMonica
    Jul 27, 2019 at 22:33
  • No, just provided an English interpretation (or translation) of the ruling in response to complaints that visas were being denied. I've spent a lot of time trying to find the English restatement, but Facebook is extremely uncooperative.
    – WGroleau
    Jul 27, 2019 at 23:19
  • I don't know how that Court indexes or presents its decisions. If a litigant name can be generated, it'd increase the chances of a net search finding the decision.
    – DavidRecallsMonica
    Jul 28, 2019 at 2:10
  • I can't find what was posted, and it did not include a name.
    – WGroleau
    Jul 28, 2019 at 4:36
  • 1
    You might try asking at Law. I don't think there are many Spanish participants, or even EU participants, but there might be someone who could point you to publicly available search tools, if there are any. Otherwise, if you're currently in Spain, you might try the old school approach by asking in a library.
    – phoog
    Jul 28, 2019 at 13:15

1 Answer 1

Reset to default
2

Finally someone re-posted the original English which had enough citation info to find the ruling.

It might be tricky to claim this ruling for the situation in my first paragraph because this case was an appeal for a visa denial that was not based on working remotely. It was based on the Moscow consulate’s suspicion that the applicants’ income claims were false and therefore they might be tempted to work in Spain. Nevertheless, the dicta in the paragraph cited is pretty clear that “la legislación española, …, no es que el solicitante de este tipo de visados no realice trabajo alguno, sino que no lo realice en España.”

The design of CENDOJ uses Javascript to serves the rulings in PDF, and so I am not able to provide a direct URI. But anyone wanting the full story can probably find it by the following details:

RoJ: STS 1859/2012 - ECLI: ES:TS:2012:1859
Fecha: 22/03/2012
Ponente: JOSE MANUEL BANDRES SANCHEZ-CRUZAT
Improve this answer
1
  • (The "English" posted on Facebook was merely a mess from Google Translate.)
    – WGroleau
    Jul 28, 2019 at 23:52

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service and acknowledge that you have read and understand our privacy policy and code of conduct.

Not the answer you're looking for? Browse other questions tagged or ask your own question.