//Spain: Initial authorization for temporary residence and self-employment.

Spain: Initial authorization for temporary residence and self-employment.

Initial authorization for temporary residence and self-employment: It is a temporary residence and work authorization for a foreigner who is not resident in Spain to carry out a lucrative activity on their own.

BASIC REGULATIONS
Organic Law 4/2000, of January 11, 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, 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 temporary residence and self-employment authorization files, of certain reports that will be considered as means of proof of compliance with certain regulatory requirements, without prejudice to any other evidence admitted in law.

REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Do not find yourself irregularly in Spanish territory.
Lack of criminal records in Spain and in their previous countries of residence for crimes existing in the Spanish law.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
Not being, where appropriate, within the commitment period of no return to Spain that the foreigner has assumed by voluntarily returning to their country of origin.
Meet the requirements that current legislation requires for the opening and operation of the projected activity.
Possess the required professional qualification or proven experience, sufficient in the exercise of the professional activity, as well as in the case the association when required.
To be able to prove that the planned investment is sufficient and the impact, where appropriate, on job creation.
Be able to prove that you have sufficient financial resources for your maintenance and accommodation, once deducted the necessary for the maintenance of the activity.

REQUIRED DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time the application is submitted.

Application form in official form (EX – 07) in duplicate, duly completed and signed. This form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Full copy of valid passport or travel title.
In retail business 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 the article 71.bis of Law 30/1992) and, where appropriate, proof of payment of the corresponding tax.
In the rest of activities and provision of professional services, list of the authorizations or licenses 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 agencies.

Copy of the documentation proving that you have the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
Proof that there is sufficient economic investment, or commitment of support from financial institutions or others.
Project of establishment or activity to be carried out, with indication of the planned investment, its expected profitability and, where appropriate, jobs whose creation is foreseen.
By way of example and regardless of its justification by other means admissible by law, the last three sections can be accredited by the valuation report issued by one of the following organizations:

National Federation of Business Associations and Autonomous Workers (ATA)
Union of Professionals and Autonomous Workers (UPTA)
Intersectoral Confederation of Autonomous of the Spanish State (CIAE)
Organization of Professionals and Autonomous (OPA)
Union of Associations of Autonomous Workers and Entrepreneurs (UATAE)
Important note: when documents from other countries are provided, they must be translated into Spanish or 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 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 under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention.

PROCESS
Subject legitimate 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 the application process, 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 payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration

Deadline for resolution of the application: 3 months from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having practiced the notification, it may be understood that the request has been dismissed due to administrative silence.
The diplomatic mission or consular office will notify the interested party of the resolution on the application for temporary residence and self-employment.
In the case of a concession, the worker has one month from the notification to personally apply for the visa, in the diplomatic mission or consular office whose demarcation resides. The request must accompany:
Ordinary passport or travel title 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 where 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 one month.
Once the visa has been granted, the worker must collect it personally within one month from the date of notification. If the collection is not made within the aforementioned period, it will be understood that he has resigned and the file of the file will be produced.
Once the visa is collected, the worker must enter Spanish territory within the validity period of the visa, which will be three months.
Upon entry into Spain, the worker has three months for membership, registration and subsequent contribution under the terms established by the Social Security regulations that may apply.
Within one month after the worker has registered with Social Security, he must personally request the Foreigners Identity Card at the Aliens 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: http: //www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will display his passport or travel document at the time of the fingerprint process and will provide:
Official model card application (EX-17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/index.html
Proof of payment of the card fee.
Proof of membership and / or registration of Social Security.
Three recent color photographs, in white background, passport size.

*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.

Last update: 01/2016

Feel free  to CONTACT us if you wish. Our team will be happy to assist you. Thank you for your trust in our Lawyers Network!