# Experience with Proof of Accommodation requirement for Non-Lucrative Residence Visa?



## Ardea_herodias (Apr 23, 2020)

Dear all,

It does not seem that this topic has been addressed in the recent past, so I will start a new thread.

I'm an American, and my regional consulate is Chicago. The Chicago consulate's requirements for approval for the non-lucrative residence visa include "Proof of accommodation". (I understand that not all consulates include this requirement. Unfortunately, I will need to go through Chicago.)

According to the stated requirements, this can be satisfied by either (i) a title deed of a property or (ii) a lease of a minimum of one-year (with a Nota Simple issued in the previous three months at the request of the owner/landlord). 

Since I'm not about to attempt to buy right away, I would need to pursue (ii). 

However, it seems *awfully* risky to sign a one-year lease before securing visa approval -- and would most landlords even be willing to lease to a foreign tenant who doesn't yet have a visa?

Does anyone here have experience navigating this requirement? I am curious as to your strategy and timing for obtaining a lease months prior to visa approval, and appreciate any advice based on your experience.

Thanks! 

Cheers,
Kate


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## Miss Jones11 (Jul 13, 2020)

Simply include a legal condition in the lease that it is subject to visa approval.


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## tobyo (Jul 16, 2011)

That perplexed me as well. I found my post about this very thing and you can check that out here.

When are you planning to make the move to Spain? I was hoping for next year but I wonder if we'll be allowed to even visit Spain by next year. We had a trip planned and deposit paid and were going to be there next mont. We got all our money back but I'd rather be in Spain


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## Pesky Wesky (May 10, 2009)

tobyo said:


> That perplexed me as well. I found my post about this very thing and you can check that out here.
> 
> When are you planning to make the move to Spain? I was hoping for next year but I wonder if we'll be allowed to even visit Spain by next year. We had a trip planned and deposit paid and were going to be there next mont. We got all our money back but I'd rather be in Spain


If it's any comfort I can tell you we are going through a second heatwave now and almost all of us are fried to a crisp, restricting movement to the absolute minimum. It's not a good time to be visiting Spain


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## Ardea_herodias (Apr 23, 2020)

Thanks for the replies! 

Is it common practice to include a legal condition in a rental agreement that allows the lessee to back out in the case the visa application is rejected? That would give a lot more security. 

I'm also wondering about timing: This would require signing a lease at least three months ahead of move-in date (since the visa approval process itself is said to take that long. Is this typical?

tobyo - Nice to meet someone else dealing with the Chicago consulate (and with the same worry)! It's interesting that many replies on your thread suggested that you might not actually need a year-long lease for the approval. I'm curious what strategy you're planning at this point (if you've figured that out yet).

I had also originally been hoping for next year, but who knows at this point... :/


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## tobyo (Jul 16, 2011)

Pesky Wesky said:


> If it's any comfort I can tell you we are going through a second heatwave now and almost all of us are fried to a crisp, restricting movement to the absolute minimum. It's not a good time to be visiting Spain


yea.....I know. It's not a good time to visit just about anywhere....heavy sigh.


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## tobyo (Jul 16, 2011)

Ardea_herodias said:


> Thanks for the replies!
> 
> Is it common practice to include a legal condition in a rental agreement that allows the lessee to back out in the case the visa application is rejected? That would give a lot more security.
> 
> ...


such good questions! with no real concrete answers I'm afraid. I don't really have a strategy at this point, just trying to survive the pandemic which now includes an early retirement incentive from my employer(which I'd be a fool not to take!). But I'm still too young to claim Social Security so still need to supplement my income and I'm looking for that perfect part time job....

I think we were just going to book a room at a hotel and use the hotel's address because, right, I am not going to sign a lease if I don't know that I'll get the visa. I don't recall if it was in that thread I pointed you to but someone else suggested doing an Air BnB too. Hubby doesn't like that option. Also, somewhere along the way someone said they just need an address in Spain? So hard to know what to do!

Yea.....a ver lo que pasa........


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## Ardea_herodias (Apr 23, 2020)

tobyo said:


> I think we were just going to book a room at a hotel and use the hotel's address because, right, I am not going to sign a lease if I don't know that I'll get the visa. I don't recall if it was in that thread I pointed you to but someone else suggested doing an Air BnB too. Hubby doesn't like that option. Also, somewhere along the way someone said they just need an address in Spain?


If that's really all that's necessary, it would solve a lot of worries and headache! 

Once borders reopen, I had been planning to take an extended (1-2 month) trip to scope out villages and homes/apartments. But if there's a chance that an Airbnb booking would suffice for the non-lucrative visa, then maybe I will just buy an open ticket, book one or two month-long Airbnbs, and try my luck with the visa application. If successful, I could go on to shop for rental housing with security and without the need for another trip back to Chicago (as I assume is also your plan). Worst case, it'd still be a nice trip.


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## Overandout (Nov 10, 2012)

As a landlord and previously as a tenant , I find it very difficult to believe that you will be able to write the clause suggested into a lease.
Why would any landlord carry the risk that you might not get a visa? And honestly, if they think there is any risk associated with your long term ability to stay in the country, they will probably just walk away.

I know it's not a helpful answer in most respects, but I think that the suggestion is not realistic.


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## Ardea_herodias (Apr 23, 2020)

Overandout said:


> As a landlord and previously as a tenant , I find it very difficult to believe that you will be able to write the clause suggested into a lease.
> Why would any landlord carry the risk that you might not get a visa? And honestly, if they think there is any risk associated with your long term ability to stay in the country, they will probably just walk away.


Thanks for the input. That's what I would have suspected too.


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## Joppa (Sep 7, 2009)

You are in a Catch-22 situation. You need a signed rental contract to get your long-stay visa, but you don't want to or can't do so without the certainty that the visa will be issued. Spain isn't the only country that seemingly demands the impossible, and I know UK used to require something similar of visa applicants, until they realised the unreasonableness and changed it to a possible availability of a suitable accommodation within your price range and location without a signed document and money already being handed over. Many people just ask for written confirmation of available accommodation from their family or friends in UK.


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## Ardea_herodias (Apr 23, 2020)

Yes, it's definitely a catch-22 situation. Oddly, however, it seems that Spain doesn't demand the unreasonable of everyone, only those under the jurisdiction of certain Consulates General. I suppose one solution is to move out west for a year first...


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## tobyo (Jul 16, 2011)

Ardea_herodias said:


> If that's really all that's necessary, it would solve a lot of worries and headache!
> 
> Once borders reopen, I had been planning to take an extended (1-2 month) trip to scope out villages and homes/apartments. But if there's a chance that an Airbnb booking would suffice for the non-lucrative visa, then maybe I will just buy an open ticket, book one or two month-long Airbnbs, and try my luck with the visa application. If successful, I could go on to shop for rental housing with security and without the need for another trip back to Chicago (as I assume is also your plan). Worst case, it'd still be a nice trip.


I only have loose plans at the moment. Too much upheaval in the world and in my life right now as I'm about to semi-retire. And I'll need to find a part time job until I can draw Social Security. Maybe some day we'll make it back to Spain........


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