Residency and self-employment application for Spain

For the rest of the activities and professional services rendered, a list of the activities and services rendered by authorizations or licenses that are required for the installation, opening or operation of the projected activity or for the professional practice, indicating the situation in which the procedures for its attainment are, including, if applicable, the certifications of application before the corresponding agencies.

• Application form in official model (EX-07) in duplicate, duly completed and signed.
• Complete copy of valid passport
• Copy of the documentation that accredits to possess the training and, if applicable, the professional qualification legally required for the exercise of the profession.
• Proof of sufficient economic investment or commitment of support from financial institutions or others.
• Project for the establishment oractivity to be carried out, indicating the expected investment, its expected profitability and, if applicable, the jobs expected to be created.

This can be accredited by the valuation report issued by:

• National Federation of Associations of Entrepreneurs and Self-Employed Workers**(ATA**)
• Union of Professionals and Self-Employed Workers ( UPTA)
• Confederación Intersectorial de Autónomos del Estado Español**(CIAE)** (Intersectorial Confederation of Self-Employed of Spain**)**
• Organization of Professionals and the Self-Employed (OPA)
• Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE)

(The documents must be translated into Spanish or the co-official language of the territory where the application is submitted).

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain. with jurisdiction in the country in which such document was issued or, as the case may be, by the Ministry of Foreign Affairs and Cooperation except in the event that such a document has been apostilled by the competent authority of the issuing country according to the Hague Convention of October 5, 1961 and unless such document is exempted from legalization by virtue of an International Convention.

How is the process done?

The foreigner must personally complete the process at the Spanish diplomatic mission or consular office corresponding to his/her place of residence.

Fees

The fee for Form 790, Code 062, item 1.5 “self-employment authorizations”, which can be found on the Internet portal of the Spanish Secretary of State for the Civil Service, is applicable. It must be paid within ten working days from the day on which it was admitted for processing.

What is the resolution time?

3 months from the day following the date on which it was received at the registry of the competent body for its processing. Once this period has elapsed without the Administration having made the notification, it may be understood that the request has been denied (negative administrative silence).

• The diplomatic mission or consular post will notify the decision on the application for temporary residence and self-employment.
• In the case of concession, the worker has one month from the notification to personally apply for the visa, at the diplomatic mission or consular office in whose demarcation he/she resides. The application must be accompanied by:
  • Ordinary passport or travel document recognized as valid in Spain with a minimum validity of four months.
  • Criminal record certificate issued by the authorities of the country of origin or of the country or countries in which he/she has resided during the last five years.
  • Medical certificate.
  • Proof of payment of the visafee ,
• The diplomatic mission will decide on the application within one month.
• Once the visa has been granted, if applicable, the employee must pick it up personally within onemonth fromthe date of notification. If the collection is not made within the aforementioned period, it will be understood that he/she has resigned and the file will be closed.
• Once the visa has been collected, the worker must enter Spanish territory within the period of validity of the visa, which will be three months.
• From the date of entry into Spain, the worker has three months to be registered, registered and subsequently pay contributions under the terms established by the applicable Social Security regulations.
• Within one month after the worker has been registered with the Social Security, he/she must apply, in person, for the Foreigners’ Identity Card at the Foreigners’ Office or Police Station in the province where the authorization has been processed (for more information click here).

For the previous one, you must have:

• Passport
• Card application on official form(EX-17)
• Proof of payment of the fee for the
• Proof of affiliation and/or registration with the Social Security.
• Three recent color photographs, white background, passport size.

Some obligations of the self-employed

Self-employed workers, as they are called, must comply with the following obligations:

Pay monthly to the social security, called monthly self-employed quota; Declare quarterly to the Treasury the income, complying with the annual fiscal calendar: VAT and Personal Income Tax (IRPF).

They will be entitled to unemployment benefits and benefits for work-related accidents or occupational diseases. They will also have access to continuing education.

On the other hand, the self-employed are entitled to receive a public retirement pension of up to 40% less than that applicable to employees; and self-employed women have the same right to maternity benefits as workers under the general regime.

This authorization may be renewed if continuity of the economic activity is demonstrated and the above-mentioned obligations have been fulfilled. For all these reasons, it is very important to seek the advice of a lawyer with knowledge of Spanish law.

Cybergraphy:

• Organic Law 4/2000, of January 11, 2000, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Articles 25 bis, 36 and 37).
• Law 12/2012, of December 26, 2012, on urgent measures for the liberalization of trade and certain services.
• Law 39/2015, of October 1, of the Common Administrative Procedure of Public Administrations.
• Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20(articles 103 to 109).