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Residence permit in Spain

Working in Spain: Self-employed visa

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What do you need to live in Spain as a freelancer?

If you are considering moving to Spain while working for yourself, in this post you will find the self-employed visa requirements. This authorization will allow you to live and work in Spain as a freelancer.

This permit is granted initially for one year, renewable twice for 2-year periods each time and these are the main requirements:

  • Be a non-EU citizen
  • Not to be forbidden to enter in Spain, be in the country illegally or have committed to not return to Spain, while applying for this visa
  • Have a clear background check
  • Qualify to carry out the work you are planning to
  • Have all the authorizations to open the business in Spain
  • Have enough economic means for the project and for your own maintenance.
Self-employed visa

Business plan, qualification, and investment. 

To apply for a self-employed visa and work as a freelancer, a business project must be set describing the economic activity, business strategy, product, target market, and so on. It must include a financial aspect that specifies the amount of the investment to be made, expected profit and viability of job creation. 

If an opening license is needed or any other sort of authorization or concession, they have to be requested beforehand and by the time the freelancer visa application is submitted, process must be ongoing, or licenses already granted. 

Your professional background and qualifications are expected to meet all standards to develop the business, and therefore it will be subject to evaluation on the application. 

IMPORTANT: If in Spain the activity you are trying to develop requires that you are certified by a professional body, registration or membership must be requested and completed in advance, prior to the business opening.  

The amount of the investment depends on the activity planned. The self-employed visa applicant must present proof of sufficient economic means to cover all the expenses until the business generates enough turnover to sustain itself over time. Personal expenses are expected to be covered as well, at least for the duration of the initial visa.

Business plan feasibility report

All the above-mentioned aspects related to the business can be certified by one of the national self-employed associations such as: ATA, UPTA, CIAE, OPA, UATAE (abbreviations). 

In the case of a viability report being requested from one of these associations, it is issued or rejected on the basis of your business plan, professional profile and sufficiency of economic means presented.  

IMPORTANT: The viability report issued by one of these associations, beneficial for your case but it is NOT binding to the administration!! The Immigration office can interpret differently whether the requirements are met or not. 

The business plan is ready. It’s time to apply

Once you have your business plan straight, you must apply for the visa in a consulate with the following documentation:

  • Visa application form
  • Visa fee
  • Passport 
  • Form EX07 for the residence application
  • The business plan
  • Feasibility report
  • Professional qualification (CV and diplomas)
  • Proof of economic means for the investment and personal maintenance 
  • Criminal records certificate
  • Medical certificate
  • ID card
  • Paid fees from the form 790 052, point 2.1 (temporary residence)
  • Paid fees from the form 790 062, point 1.5 (self-employment authorization)

Depending on the consulate you are applying to, this list can vary slightly. 

If the application is successful, the visa will be issued giving you an estimated time for entry in Spain. 

Once in Spain, within a period of a month, you must register as a self-employed worker in the social security and tax offices. Your residence is only valid after this registration, and you can apply for the TIE in a police station.

When you are freelancing in Spain, you have to pay social security monthly and submit your tax return quarterly. It is important to be up to date with those obligations because renewing this residence will depend on it.

IMPORTANT: The self-employed permit can also be requested from Spain if you are already a resident. E.g.: You have a work employment visa and would like to open your own business and therefore, become a self-employed worker.

Do not hesitate to contact us if you need more clarification on this permit and how it works for you👇🏻

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Highly Qualified Professionals Visa

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If you are interested in working in a company in Spain as a highly qualified professional or you are a graduate or postgraduate from universities and prestigious business schools, this residence permit is what you need:  Highly Qualified Professionals Visa

This residence is addressed to professionals with highly skilled profiles such as executives and managers, or with very specific experience and training. 

The Entrepreneur’s Law (article 71, Law 14/2013) regulates this visa that enables companies to hire staff from outside of the EU in a very effective manner. 

To define in which cases a highly qualified visa will be applicable, elements such as the job vacancy, employee profile, experience, salary, and company-specific characteristics are taken into account.

IMPORTANT: The employee must have compatible a educational background or long-term experience with the job position offered to be considered for a highly qualified visa. This will be evaluated based on degrees, certificates, expertise in similar positions for a minimum of 3 years. 

According to the law, this visa will be applicable for the following positions: 

  • Management and highly qualified workers of large businesses and corporate groups or SMEs in strategic sectors
  • Management and highly qualified workers of business projects of general interest 
  • Graduates and postgraduates from universities and prestigious business schools
Highly Qualified Professionals Visa

COMPANY REQUIREMENTS:

To be considered a large business or corporate group a company must fall into one of these categories:

  • Have more than 250 workers in Spain
  • Have a net business volume above 50 million euros in Spain or, a volume of its own funds in Spain above 43 million euros
  • Have an annual gross investment from outside Spain, not less than a million euros 
  • Have a stock value over 3 million euros

To be considered part of a strategic sector or having a business project of general interest depends on the evaluation of the General Directorate of International Trade and Investments (Dirección General de Comercio Internacional e Inversiones).

However, the general interest of a project can be measured if it meets at least one of the following requirements:

  • Job creation
  • Maintenance of employment
  • Investments with a significant socioeconomic impact 
  • Common interest to the trade and investment public policy 
  • Relevant contribution to scientific and technological innovation

This sort of information is not usually available for the employee when offered a job.

However, to hire a highly qualified worker from abroad, the company must meet one of those requirements and be registered at the unity of large companies and Strategic Collectives (UGE-CE).

The register will be valid for 3 years or until any modification is made, which must then be notified within 30 days. 

For graduates, postgraduate universities, and business schools of recognized prestige the company category is irrelevant since the visa is granted based on the educational background of the worker.

The definition of prestige is not available, and each case will be evaluated by the UGE-CE. 

OTHER ELEMENTS TO TAKE INTO ACCOUNT FOR THIS VISA

A job offer included in the groups 1 and 2 from the National Catalogue of Occupations (CNO-11) is considered a high-level position. However, the job category alone does not grant the consideration of highly qualified on the terms of the visa. 

A job description including the specific tasks to be performed and goals for the role are mandatory to evaluate the accuracy of the candidate’s educational background, experience, and CV for the position.

SALARY MATTERS:

Understanding that as a worker you have a high profile, your salary is expected to be set accordingly. 

For a management position, the average income is equal to or above €55’000 yearly while for occupations from the group 2, €40’000 yearly. 

A reduction rate of 0.75 can be applied to the fixed salary if the employee is under 30 years or if the job offer is addressed from a SME. 

In case part of the remuneration is benefit in kind, it cannot be over 30% of the salary. 

Application must be submitted by the company interested in hiring. 

The application is addressed to the UGE-CE and should contain the following documents and will take up to 20 days.

  • Company certification to be a large business, a corporate group, a SME in a strategic sector or developing a business with high socioeconomic impact. 
  • Copy of the contract
  • Job description
  • Employee resume
  • Employee passport
  • Employee background checks
  • University degrees or qualifications from a prestigious business school

Once the authorization is granted, in case the worker is already living in Spain, the next step is to obtain the TIE.

In the case of the worker still living abroad, a visa needs to be requested from the correspondent consulate and the deadline set is 10 days from the submission. 

If you need more information, please do not hesitate to contact us.

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RESIDENCE FOR INTERNSHIP

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If you are interested in doing an internship in Spain, there is a specific residence that you might need to apply for first: Residence for internship


The permit for professional internship is regulated by the Entrepreneur’s law and is a good
option to consider if you have recently gradated or are currently studying and would like to
have some work experience in Spain.

RESIDENCE FOR INTERNSHIP

What are the requirements?


To be eligible for this permit, the intern must have finalized their studies in the previous two
years or be currently studying to obtain a higher education degree.


These studies must be considered as higher education, which includes University, but it’s
not limited to it.

It is not mandatory that studies are done in Spain.

As the name suggest, this permit will be based on the existence of an internship offer from
an institution or company to the applicant and must be on the same field and level as the
academic degree obtained or as the ongoing studies.


Internship requirements


The traineeship offer can be under an agreement or under a contract between the entity
and the intern.


The contract or agreement must include a description of the activities to be performed as
well as the formative structure of the internship, which differentiates it from a regular job
position in the company.

The law lists the following items as the minimum content of the internship agreement and contract:

  • A description of the programme including the educational objectives and formative
  • items of the internship
  • Duration
  • Conditions of work and supervision
  • Timetable
  • Legal relationship (contractual or not)

The residence will have the same duration as the agreement or contract. However, while
the agreement is expected to have a 6-month duration, renewable up to one year, the
minimum contract term for an internship is 6 months and can be renewed up to 2 years.


Other elements:


The intern must prove to have economic means and health coverage for the duration of the
permit.


Health insurance – Interns might be the beneficiary of social security if the internship is
based on a contract or if they receive a salary or aid for the work.


Economic means – It is required to prove having a 100% IPREM per month, for the duration
of the internship. The amount will be reduced to 50% IPREM, if the housing has been paid
upfront.

How to apply?

  1. The company must request the authorization to the correspondent government
    delegation.
  2. Once granted, the student has to apply for the correspondent visa or for the TIE, if
    already living in Spain.
    All the documents proving the company and intern meet the requirements must be
    submitted online and the government has 30 days to come back with a reply. If after these
    30 days there is no answer, it is considered granted.

Renewal

For those residences based on an agreement, it would be renewable only once, up to a year
in total.


For those residences based on a contract, it can be renewed for up to two years, considering
that this is the maximum duration of an internship contract at the moment in Spain

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If you have more questions…. Do not forget to contact us!

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Spanish Residence permit for family of EU nationals

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If you are a family member of a European country citizen, then your status might be ruled by the DIRECTIVE 2004/38/EC and free of movement principle applied to you as well. 

It means that if you are re-joining a Communautaire citizen to his/her home country or another EU host country, you can reside up to 3 months without any additional requirement and for more than three months if you met the stablished prerequisite by the EU Directive and administrative Law.  

Applying to the residence «Tarjeta Comunitaria»:

Prerequisites, documentation and process.

Spanish Residence permit for family of EU nationals

Prerequisites:

Who is considered eligible to this residence? 

Family members:

  • Marriage
  • Domestic Partnership
  • Descendants under 21 and above 21 if they depend economically 
  • Ascendants that depends economically

Other possible beneficiaries:

  • Any family member that:
    • Depends on the communitarian citizen
    • Has an incapacity that requires care 
    • Has a durable relationship with the EU citizen that it is duly attested 

To live in another State Member the EU citizen needs to prove to be in one of these situations:

  • Working
  • Self-employed
  • Student
  • Sufficient resources

Documentation to file with your application:

Regardless of your situation, all applications must contain:

However, documentation will vary based on your personal circumstances that you need to prove. 

Proving your familiar connection 

Family members.

  • Marriage: 

Marriage certificate. If issued by a non-EU country, translated and apostilled. If it is a public document from a Member State, you might be able to get it issue in a plurilingual format and it wouldn’t need to be apostilled. 

  • Civil partnership: 

If registered, a certificate with the details of the register translated and apostilled.

Same rule mentioned for documents issued by an EU and non-EU country would apply. 

  • Descendants/Ascendants: Birth certificates 

Other beneficiaries. Proving the circumstances:

  • Any family member that lives with or depends economically of the EU citizen as well as if serious health grounds strictly require the personal care of the family member.

Any document admitted by law that proves any of the alleged circumstances of living together in the past, economic dependence and/or personal health care need caused by the incapacity of take of oneself

  • Durable relationship 

Any document admitted by law that ensure the existence across the time of a relationship.

Some documents issued by a EU Member State, there is no need to apostille according to the Regulation (EU)2016/1191

Specifics with regards economic means:

  • If the EU citizen is working in Spain:

Contract of employment or any other proof of your employment status as such: Social Security register, employment certificate, etc.

  • If EU citizen is self-employed:

Proof of registration in the register of economic activities or any other document that proofs your self-employed status: registration in the commercial register (if you have a company); Social security enrolment, etc.

  • If EU citizen is not active anymore but has sufficient economic resources to him and all family members joining him/her in Spain:
    • Sufficient resources
    • Health care insurance  
  • If EU citizen is going to study in Spain:
    • Enrolment at a private or public educational establishment
    • Health care insurance
    • Declaration (or equivalent mean) of having sufficient resources to not become a burden on the host State member 

With regards what is considered sufficient resources

No State Member can demand a fix amount as sufficient resources and in all cases the amount cannot be higher than the indicators in which the host Member State bases the eligibility for social assistance for its nationals.  

What does it mean in Spain?

That it will be considered sufficient resources if you can prove a minimum of 537,84 € per month and 6.4545,03 € per year, if based in the Spanish indicator IPREM (Indicador Público de Renta de Efectos Múltiples) for example.   

With regards health care insurance:

It can be public or private and issued by any country. The requirement is that it covers for health care in Spain in the same level as primary assistance of Spanish National Health System.

Procedure guidelines for family of EU Citizens:

It will always be a two steps procedure in which first you request the administration to recognize your right to reside, based on the criteria established in the mentioned Directive and law and once granted, you would apply for the card (TIE – Tarjeta de identidad de extranjero).

Initial application:

If the person is out of Spain, they might have to request a visa to entry in Spain on their home country. 

In case the person interested, due his/her nationality do not need a visa to enter in Spain, once in the territory, the application must be filed up to 3 months after the entry date. 

The documentation mentioned earlier on this post, needs to be presented to the immigration office from the place in which the person is willing to live. 

Appointments can be booked HERE!

The administration has up to 3 months to review and resolve the request granting or denying the right to reside in Spain. 

If the outcome is favourable, then a TIE card needs to be requested. 

Normally the TIE is issued by the police and therefore you would have to also book an appointment and present the following documentation:

  • Form EX-19
  • Administrative resolution granting the residence
  • Passport (original and copy)
  • Paid fees (form 790 012)
  • 3 photos

For any doubt, please do not hesitate in contacting us.

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EU CERTIFICATE IN SPAIN, WHAT DO I NEED TO KNOW?

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We are all familiar with the EU principle of free movement that enables any EU citizen to move to any EU country to work and live.

The Directive that grants the rights and obligations with regards free movement principle (DIRECTIVE 2004/38/EC), determines that EU Countries might require Union citizens to report about their presence within its territory.

Nevertheless, no additional requirement is needed to live up to 3 months in another Member State.

After three months, the right to residency is conditional to if you have sufficient resources to not become a burden to the host State, if you are a worker, self-employed or a student and if you have health care insurance.

EU CERTIFICATE IN SPAIN, WHAT DO I NEED TO KNOW?

To stay in Spain for more than 3 months, indefinitely or permanently, what do I need to do?

Each country in the EU establishes more or less the procedures to follow in order to formalise your presence within their territories. The requirements are dictated by the Directive, but procedures depend on the internal administrative law. 

In Spain, every European citizen that would like to live for more than 3 months have the obligation to apply for its EU card (Certificado UE o «tarjeta verde») that will be valid for a 5 year residence.

After these 5 years, if you wish to keep living in Spain, you should apply for permanent residence that would cover your stay for 10 years.

How do you apply for an EU certificate?

First step: book an appointment with the immigration office or police station of the locality you wish to live in.  

Documents to bring with you at this appointment: 

  • Form EX-18 
  • Passport
  • Proof of being in one of the 4 situations mentioned before
  • Fees (form 790- 012) 

Which documents proves that my status in Spain gives me the right to remain in Spain?

Documents will vary according on your personal situation. Below you can find examples of valid documents that would be accepted according to the specific case:

  • If you are going to work in Spain:
    • Contract of employment or any other proof of your employment status as such: Social Security register, employment certificate, etc.
  • If you are going to be self-employed:
    • Proof of registration in the registry of economic activities or any other document that proves your self-employed status: registration in the commercial registry (if you have a company); Social security enrolment, etc.
  • If you are not active anymore and you are not intending to be working in Spain:
    • Sufficient resources
    • Health care insurance  
  • If you are going to study in Spain:
    • Enrolment at a private or public educational establishment
    • Health care insurance
    • Declaration (or equivalent means) of having sufficient resources to not become a burden on the host Member State

IMPORTANT REMARKS:

With regards to what is considered sufficient resources

No State Member can demand a fixed amount as sufficient resources and in all cases the amount cannot be higher than the indicators in which the host Member State bases the eligibility for social assistance for its nationals.  

What does it mean in Spain?

That it will be considered sufficient resources if you can prove a minimum of 537,84 € per month and 6.4545,03 € per year, if based in the Spanish indicator IPREM (Indicador Público de Renta de Efectos Múltiples) for example.   

With regards health care insurance:

It can be public or private and issued by any country. The requirement is that it covers for health care in Spain in the same level as primary assistance of Spanish National Health System.

With regards the fees (Form 790- 052):

Please note that the fees to be valid they would need to display your NIE, which is the identification number assigned to you.

If you haven’t requested an NIE number for other purposes in Spain before registering as a resident through the described procedure, you cannot pay the fees until the police provide you with a number. 

If you are in this case, first present all documents mentioned above and ask to pay the fees at the bureau at that time.

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If you have any doubts, please do not hesitate to contact us.

BREXIT: Spanish legal residence for non-EU citizen, but as a UK national relative

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The Withdrawal Agreement stipulates the terms for The United Kingdom to leave the EU and as expected, it also impacts the principle of free movement granted to every EU citizen. 

As explained previously, it has been decided that British citizens would keep their freedom of movement in the terms of EU law until 31st December 2020, when the transition period is over. It includes, as expected the family members that would re-join the UK citizen in any EU country. 

In order to regulate an administrative process that would make the application of Article 18.4 from the Withdrawal Agreement feasible, the Spanish Government issued a legal instruction on July 4th that describes how to apply for a residency in Spain before Jan 1st 2021 and how to update the old TIE (tarjeta de identidad de extranjeros). 

If you are a family member of a British citizen but you are a national from a non-EU country, these are the steps to obtain/update your residency in Spain:

BREXIT: Spanish legal residence for non-EU citizen, but as a UK national relative

In EU law, communitarian family members of a certain degree are entitled to re-join the EU citizen to any country he/she decides to live if some minimum requirements are met.  

As mentioned before, the Withdrawal Agreement ensures that this free movement principle will be applicable to UK nationals until the end of the transition period and consequently, the family members rights are also included in this grace period. 

Below you can find all the possible scenarios and steps to follow if you are re-joining a British citizen and you are a family member in any of the following degrees:

  • Spouse
  • Son/daughter under 21 years old or older depending economically on the parents
  • Any family member that depends economically on the UK citizen
  • Any family member that has a severe incapacity and needs to re-join
  • Domestic partner registered or proven

Here are some possible scenarios:

Scenario 1:

Family member already with a legal residence for less than 5 years: 

In this case, the new document would be requested directly at the designated police office, present the following documents:

  • Form EX-23
  • Passport (original and copy of all pages,)
  • Fees payment (Form 790 code 012)
  • Photo

This document would be valid for 5 years and fall under the temporary category. 

In certain cases in which the interested party could demonstrate they have been in Spain for 5 years, a permanent residence could be requested. 

This permit would display the law in which iit s based and therefore it would include “emitido en conformidad con el artículo 18.4 del Acuerdo de Retirada”.

Scenario 2:

UK citizen family member with an expiring temporary Spanish residence card (end of the initial 5 years) 

In this case a two-step process would take place.

First of all, apply for permanent residence at the foreign office. Once granted the status, it would be necessary to have the TIE issued at the police station.

Sept 1: Immigration office

To file the petition, the person interested either must go in person to the immigration office or apply online. 

These are the documents to be presented:

  • Form EX-21
  • Passport (original and copy of all pages)
  • Documents that prove the continuity of the residence in Spain during these 5 years. (It will depend in each case and circumstances)

Once granted the right to the permanent residence, the TIE must be requested.

Step 2: at the police office

Same procedure described in scenario 1 in which the form 23 has to be presented with the mentioned documents to have the TIE issued. Additionally the administrative resolution must be presented as well. 

This TIE will also display the law that regulates it plus with the indication that it is permanent. 

It will be valid for 10 years and after this period it will be automatically renewed. 

Scenario 3:

Non-EU family member already living permanently in Spain. 

In this case, the residence document is already issued with the validity of 10 years and therefore a new TIE displaying the withdrawal agreement and the permanent status would be needed. 

The procedure would be the same in the first scenario and the request is presented by the person interested at the police office. 

Scenario 4:

UK family member, national of a non-EU country without a residence permit in Spain

In this case, also a two steps procedure would be needed. First to apply for the temporary residence and once granted, request the TIE expedition. 

When applying for residency, the applicant can submit the petition personally at the immigration office or online. 

In any case, the documents to follow the petition are:

  • Form EX-21
  • Passport (original and copy of all pages)
  • Document proving the degree of relatedness 
  • Economic means 
  • Health insurance in case that the UK citizen that grants the right to apply to this permit does not work in Spain. (Non-lucrative residences, pensioners, students)

Check here the requirements to obtain a legal residence in Spain under the EU law

Once the immigration office issue the administrative resolution granting the right to reside legally in Spain, then a TIE would need to be requested. 

As we mentioned before, to request the TIE the interested person needs to attend the police station to file in the application under form 23, passport, paid fees and photo. 

It will a temporary residence, valid for 5 years. Once it is due, it has to be renewed. 

We hope that this information is useful and helps to clarify some doubts. If you have any questions or concerns, we can help in the whole process. 

If interested, do not hesitate to contact us.

**Read this post in Spanish HERE!

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