Would you like to get your residence and self-employment permit or visa successfully and avoid any setbacks or even a rejection during your application? Then continue reading. In this article we will analyze all requirements in detail and we will explore some expert tips that will make the complete process as easy as possible.
In addition, we will include all the most important changes that the recent Spanish Immigration law update has implemented for this work permit.
Key takeaways
- What it is: the permit that lets a non-EU national live in Spain and work as a self-employed person or business owner; it requires a viable project, enough investment and the necessary qualifications.
- Duration: the initial authorisation lasts 1 year and is limited to one region and sector; the renewal lasts 4 years and lets you work as an employee or self-employed.
- Where to apply: from abroad, at the Spanish consulate for your place of residence; if you already hold another residence permit in Spain, you can switch to self-employment with form EX-26.
- Which route: the entrepreneur visa is for innovative, technology-based companies; activities that already exist, such as accounting or digital marketing, follow the self-employment path.
- Key requirements: a business plan validated by an association such as the ATA, enough funds to start the business with no legal minimum, and training or experience related to your activity.
What is a self-employment visa?
The residence and self-employment permit authorises a non-EU foreign national to reside in Spain and engage in economic activity as a self-employed individual or business owner. It requires a viable business plan, sufficient investment and the necessary qualifications, and is valid for one year, renewable for four years.
In practice, this is the route taken when a non-EU citizen wishes to start their own business in Spain or work as an independent professional (freelancer, consultant, retail, hospitality, etc.). It is also known as a self-employment work authorisation or a self-employment work permit.
Without this authorisation, a non-EU foreign national cannot register as self-employed or legally work in their own business. If you are looking for employment with a company, please consult information on other work permits in Spain.
In practice, you first prepare your business plan (including investment details and any licences or affidavits required for your activity) and apply for authorisation. Once you arrive in Spain with your visa, you register as self-employed, apply for your TIE and launch your business.
Validity and renewal of the self-employment permit
The initial authorisation is valid for 1 year. During this first year, it is limited to the autonomous community and the sector of activity of your project.
Once this first year comes to an end, and as long as you continue to meet all the requirements, you will have to renew it.
Big update! Since RD 1155/2024, this renewal will, from now on, be for 4 years (instead of 2), and the renewed card will allow you to work both as an employee and as a self-employed individual, without the need for any extra paperwork.
Where do you apply? At a consulate or from within Spain
There are two ways to obtain this authorisation, depending on where you are now.
If you live outside Spain
If you do not reside in Spain, you must submit your application in person at the Spanish consulate corresponding to your place of residence. If your application is approved, you’ll apply for the self-employment work visa and enter Spain with it. We explain the process step by step below.
If you already live in Spain
If you already have a residence permit in Spain, you can switch to self-employment without returning to your home country by using Form EX-26:
- Student residence permit: upon completing your studies, you can change your status to residence and self-employment (Art. 190.3 of the Regulations). While your application is being processed, its acceptance grants you a provisional authorisation to work. If you’re studying in Spain, see our student visa guide as well.
- Other residence permits: if you’ve been residing in Spain for at least one year, you can switch to self-employment.
- Residence and employment: you can extend your permit or switch to self-employment.
Differences between the self-employed work permit and the entrepreneur visa
Important distinction!
As we have already mentioned in many of our articles, the foreigner who wants to set up his own business in Spanish territory has two options.
First of all, he can do it through the general immigration regime, applying for the self-employment visa. Or, on the other hand, she could do it under the Entrepreneurs Law by applying for a visa as an entrepreneur.
These are two completely different procedures with different requirements.
What is the difference and in which case should one or the other authorization be obtained?
The entrepreneur visa is intended for those foreigners who wish to create a totally innovative company with a large technological base.
That is to say, if you are going to set up something unique that does not yet exist in the market, you will most probably have to obtain your residency under the Entrepreneurs Law.
But if you are going to develop any activity that already exists on a regular basis (such as accounting or digital marketing) or set up a business that has already been on the market for several years, then the self-employment path will be the way to go.
And that is what we focus on in this post.
Requirements of the self-employed visa
We can find 3 key requirements to successfully obtain your self-employment permit. Each of them is of utmost importance. Let’s take a look at them.
| Requirement | What this means in practice |
|---|---|
| Not be a citizen of the EU, the EEA or Switzerland (or a family member covered by EU rules) | If you are, there is another option |
| Not be in an irregular immigration status in Spain | The initial application is for non-residents |
| No criminal record in the last 5 years | In Spain and in any countries where you have resided |
| Not listed as inadmissible or subject to a valid non-return commitment | This is verified ex officio |
| Meet the requirements to start the business | Licences, affidavit, or the process to obtain them |
| Qualifications or experience, when required by the business | Recognised degree and membership in a professional association for regulated professions |
| Sufficient investment for the project | No minimum amount: it depends on the business |
| Pay the fees | Forms 790-052 and 790-062 |
In practice, three things are examined most closely: the business plan, the investment and your qualifications. We’ll explain them one by one.
Business plan
One of the MOST important requirements is to develop a proper business plan.
This plan is what will determine whether the authorities consider your business to be viable and meet the requirements to finally grant you the authorization.
Therefore, making sure that this business plan has everything it needs to contain will be key to a successful application.
What should it include?
Basically, it should be an exhaustive analysis of everything related to your business: exactly what activity it will carry out and what value it brings to the market, its differential elements and competitive advantages, who your target customers will be, how you will reach them (marketing and communication plan), how you will obtain sufficient funds to maintain the business (financial projection), etc.
Here, the more detail, the better.
Also, keep in mind that your business plan must be validated by one of the designated business associations such as the ATA (Association of Self-Employed Workers in Spain).
Find here one of our articles in which you will find the main keys to develop a successful business plan for your immigration applications.
Sufficient investment to start your business
There is something we cannot deny: any business needs a minimum investment to start up, no matter how small it may be.
This means that another key requirement will be demonstrating that you have sufficient financing to start up the business.
However, there is a small setback: there is no minimum or maximum amount established by law.
The amount to demonstrate will depend entirely on the type of business you start and its requirements, as there are some with much higher initial fixed cost requirements than others.
For example, if you require any type of building or real estate (since you are setting up a local business, for example), you will have to prove that you have enough money to buy or rent it.
In addition, we must also mention that it is NO longer necessary to provide financial means to support yourself personally in the country while you start your business.
While before it was necessary to prove 100% of the IPREM, after the recent and Spanish Immigration Law Reform, the only funds you will have to prove are those related to the launch of the professional activity or company (that of the business itself).
Applicant’s profile and CV
The third key requirement (but no less important) has to do with your profile and experience as a worker.
It will be essential to demonstrate that you have sufficient education and/or training to develop the required work activity in your business or company.
This experience must be directly linked to the needs of the challenges that your business will pose.
That is to say, if you are setting up an accounting firm, your CV must include training and experience directly related to this field.
Complete application process
Applying for this authorization on your own can often be a long and somewhat tedious process.
First of all, you will need to prepare all the documentation. This includes:
- Your passport
- Criminal record certificate
- Medical certificate
- Your business plan
- A favorable report from the ATA or any other similar association
- EX-07 application form
Once you have this documentation, you must send it to the Spanish consulate located in your country of origin or the country where you are legally residing at the time.
That is to say, the application is initiated from the country of origin, and never directly from Spain.
This consulate will transfer the application to the corresponding office of foreigners according to the Spanish region where you will set up the company.
Once this application is accepted, it will be transferred back to the consulate, where they will issue your visa, with which you will have 30 days to travel and enter Spain.
Once inside Spain, you will have to register in your municipality (something called “empadronamiento”), and then request an appointment for fingerprinting and collection of your TIE or physical card.
And, in addition, you will have to complete the whole process of registering as a self-employed person (becoming an “autónomo”), registering with the Social Security and the Tax Authorities.
So far we have covered the most important aspects of the self-employment permit. Since this is a procedure with a lot of requirements and nuances, our recommendation is that you have an expert team of lawyers to advise you step by step. This will ensure that your application is successful and you get your residency as quickly as possible. Thus, at Balcells Group we are ready to help you make this possible.
Choose the date that suits you best for a consultation with our lawyers, and let us guide you step by step.
At Balcells Group we have been foreigners effortlessly moving to Spain for over 11 years. We help expats from all around the world with their immigration, business, tax and legal needs; ensuring a legally safe and enjoyable transition to the Spanish territory. Our multilingual team understands the importance of adapting to the cultural and legal specificities of our international clients. We offer a comprehensive service that combines the expertise of several generations of lawyers with the innovation needed to address today’s legal challenges, always striving to simplify processes and ensure reliable, effective results.
