Residency and self-employment application for Spain

This is a temporary residence and work authorization for a non-resident foreigner in Spain, which authorizes its holder (over 18 years of age) to reside temporarily in Spain for an initial period of one year from entry, and to carry out an economic or professional activity on a regular and direct basis, for profit, outside the scope of organization and management of another person.

Requirements

• Not to be irregularly in Spanish territory.
• Absence of criminal record for offenses existing in the Spanish system.
• Not to be banned from entering Spain and not to be considered as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
• Not to be found, within the period of commitment not to return to Spain that the foreigner has assumed when returning voluntarily to his country of origin.
• Fulfill the requirements that the current legislation demands for the opening and operation of the projected activity.
• Possess the required professional qualification or accredited experience, sufficient in the exercise of the professional activity, as well as, if applicable, membership in a professional association when required.
• To be able to prove that the planned investment is sufficient and the impact, if any, on job creation.
• Be able to prove that he/she has sufficient economic resources for his/her maintenance and lodging, after deducting those necessary for the maintenance of the activity.

Documentation

Note: Provide copies of the documents and show the originals at the time of application.

• In retail commercial activities and provision of the services listed in the Annex to Law 12/2012, which are carried out in permanent establishments, whose the useful surface area is equal to or less than 300 square meters, a declaration of responsibility or prior communication is required(under the terms of Article 71 of Law 30/1992) and, if applicable, proof of payment of the corresponding tax.

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).