Moving to Spain from outside of the EU

TYPE OF AUTHORIZATION

It is a temporary residence and work authorization for a non-resident foreigner in Spain to carry out a lucrative activity on their own .

BASIC REGULATIONS

• Organic Law 4/2000, of January 11, on Rights and Freedoms of Foreigners in Spain and their Social Integration (articles 25 bis, 36 and 37).
• Law 12/2012, of December 26, on urgent measures to liberalize trade and certain services.
• Law 39/2015, of October 1, on 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).
• Instruction DGI / SGRJ / 05/2007, on the incorporation, to the files of authorization of temporary residence and self-employment, of certain reports that will be considered as means of proof of compliance with certain regulatory requirements, without prejudice to any other means of proof admitted in law.

REQUIREMENTS

• Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to which the Union citizen regime applies.
• Not be found irregularly in Spanish territory.
• Lack of criminal records in Spain and in their previous countries of residence for crimes under Spanish law.
• Not being prohibited from entering Spain and not appearing as objectionable in the territorial space of countries with which Spain has signed an agreement in this regard.
• Not being, where appropriate, within the period of commitment not to return to Spain that the foreigner has assumed when returning voluntarily to their country of origin.
• Comply with the requirements that current legislation requires for the opening and operation of the projected activity.
• Possess the required professional qualification or accredited experience, sufficient in the exercise of professional activity, as well as membership when required.
• Beable to prove that the planned investment is sufficient and the impact, where appropriate, on job creation.
• To be able to prove that they have sufficient financial resources for their maintenance and accommodation, after deducting those necessary for the maintenance of the activity.

REQUIRED DOCUMENTATION

Note: in general, copies of the documents must be provided and the originals must be exhibited at the time of submitting the application.

• Official model application form (EX – 07) in duplicate, duly completed and signed. This form can be obtained HERE
• Complete copy of valid passport or travel document.
• In retail commercial activities and provision of the services listed in the Annex of Law 12/2012, which are carried out in permanent establishments, whose useful area is equal to or less than 300 square meters, responsible declaration or prior communication (in the terms of article 71.bis of Law 30/1992) and, where appropriate, proof of payment of the corresponding tax.

In the rest of the activities and provision of professional services, a list of the authorizations or licenses that are required for the installation, opening or operation of the projected activity or for the professional exercise, indicating the situation in which the procedures for its achievement are found. , including, where appropriate, the application certifications before the corresponding bodies.

• Copy of the documentation that proves possessing the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
• Accreditation that there is sufficient financial investment, or commitment to support from financial institutions or others.
• Establishment project or activity to be carried out, indicating the planned investment, its expected profitability and, where appropriate, jobs whose creation is expected.

By way of example and regardless of its justification through other admissible means in Law, the last three sections can be accredited by the valuation report issued by one of the following organizations:

• National Federation of Associations of Entrepreneurs and Self-Employed Workers ( ATA)
• Union of Professionals and Self-Employed Workers (UPTA) 
• Intersectoral Confederation of Self-Employed of the Spanish State (CIAE)
• Organization of Professionals and Freelancers (OPA)
• Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE)

Important note: when documents from other countries are provided, they must be translated into Spanish or the co-official language of the territory where the application is submitted.

On the other hand, all foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent authority of the issuing country according to the Hague Convention of October 5, 1961 and unless said document is exempt from legalization by virtue of the International Convention.

For more information on the translation and legalization of documents, you can consult the information sheet

PROCESS

• Subject entitled to submit the application: the foreigner, personally.
• Place of presentation: diplomatic mission or Spanish consular office corresponding to your place of residence.
• Residence and work fees: they will accrue at the time of admission to processing of the application, and must be paid within ten business days, they are:
  • Model 790 code 052, section 2.1 initial authorization of temporary residence
  • Model 790 Code 062, section 1.5 “Self -employment authorizations

The subscription form can be downloaded from the Internet portal of the Secretary of State for Public Function

• Application resolution period: 3 months from the day following the date on which it was entered in the registry of the competent body for processing. After said period has elapsed without the Administration having made the notification, it may be understood that the request has been rejected due to administrative silence.
• The diplomatic mission or consular office will notify the interested party of the resolution on the request for temporary residence and self-employment.
• In the case of concession, the worker has one month from the notification to personally request the visa , at the diplomatic mission or consular office in whose demarcation he resides. The request 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 the country or countries in which you have resided during the last five years.
  • Medical certificate.
  • Proof of having paid the visa fee ,
• The diplomatic mission will decide on the request within a month .
• Once the visa has been granted, if applicable, the worker must collect it personally within a month from the date of notification. If the collection is not made within the aforementioned period, it will be understood that you have resigned and the file will be filed.
• Once the visa is collected, the worker must enter Spanish territory within the validity period of the visa, which will be three months.
• As of the entry into Spain, the worker has three months to make his affiliation , registration and subsequent contribution in the terms established by the applicable Social Security regulations.
• Within a month from when the worker has registered with Social Security, he or she must personally request the Foreigners Identity Card at the Immigration Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment, you can consult: HERE
• The applicant will show their passport or travel title at the time of fingerprint processing and will provide:
  • Official model card application (EX-17) available at HERE
  • Proof of payment of the card fee.
  • Accreditation of affiliation and / or registration with Social Security.
  • Three recent passport-size colour photographs on a white background.