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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?

Related: https://expatriates.stackexchange.com/questions/17856/spanish-court-ruling-on-working-remotely

  • It is worth commenting that in Spain you need two rulings from the Supreme Court in the same sense to have jurisprudence (with the Constitutional Tribunal serving also as a source of jurisprudence when the issues conflict with the Constitution). A ruling by a lower tribunal can be used a precedent, but it might be reversed by the Supreme Court at a later date. – SJuan76 Jul 28 '19 at 20:00
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    Also, the BOE is for publishing laws, decrees... not court rulings (although some legal processes require making a public announcement through the BOE or their regional equivalents). The rulings are managed by the Consejo General del Poder Judicial (CGPG) and here they offer a search engine for the rulings of Supreme Court, Tribunales Superiores de Justicia y Audiencias Provinciales, among others: poderjudicial.es/search/indexAN.jsp – SJuan76 Jul 28 '19 at 20:15
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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 | |
  • So accept this answer? – 27096 Aug 26 '19 at 22:05
  • Well, with no better answer … – WGroleau Aug 26 '19 at 22:52

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