Self-employed permit | Characteristics | Maximum term |
| Granted for a specific activity to be carried out in a specific area. | 1 year |
| Granted to applicants whose initial permit has expired for any kind of activity anywhere in the country. | 2 years |
| Valis for any kind of activity, with no geographic restrictions whatsoever; granted to applicants holding a permit which has expired. | 2 years |
The term "foreign worker" refers to any individual who is not a citizen of a country in the European Union, and who carries out or intends to carry out a profit-oriented occupational or professional activity in Spain, which is remunerated by a third party or on a self-employment basis.
A residence permit is granted together with the work permit.
Bellow is a classification of the residence permits currently available:
- Foreigners who whish to reside in Spain must apply for any oneof the following residence permits:
A temporary permit: temporary residence allows holders to remain in Spain for more than 90 days and less than 5 years.
A permanent permit: foreigners who prove, amongst other things, that they have legally and continually resided in Spain for a period of 5 years shall be entitled to apply for a permanent residence permit.
- If a residence permit is granted for carrying out a profit-oriented activity, whether on a self.employment basis or employed by a third party, the term of the residence permit, which is temporary, shall be identical to that of the work permit.
It should be pointed out that there are two kinds of visa, namely a temporary stay visa and a residence visa. The former does not entitle holders to apply for a residence permit, whereas the latter does.
To work in Spain, foreigners must apply either for a work permit or a work licence. Applicants for a work permit must hold a professional residence visa, whilst those applying for a work licence may only need a temporary stay visa in some cases. In fact, some of the temporary stay visas enable their holders to carry out a professional activity. |
Applying for an initial self-employment work permit
Two applications may be required, one for a residence permit (in Spain) and the other for a residence visa (in the country of origin). The order in which both applications are submitted may vary depending on the following factors:
Is the foreigner legally residing in Spain?
YES |
A residence visa is not necessary.
The applicant must apply for an initial work permit directly at the foreign affairs office in Spain. |
NO |
Two applications are required:
1. For a professional residence visa for self-employment purposes (at the Spanish embassy/consulate in the country where the applicant is currently residing).
2. For an initial D-type residence permit. |
| If the foreigner lives in Spain on a temporary basis only | If the foreigner lives in his/her country of origin |
| Applicants must submit an application for an initial work permit directly at the foreign affair office in Spain, and then apply for a visa at the embassy/consulate in their country of origin. Once they have been granted a visa, they can go and live in Spain as residents, and must submit a copy of their visa to the foreing affairs office in Spain. They can only start their business activity once they have been granted a work permit. | Applicants must apply for a professional residence visa at the embassy/consulate. Once they have obtained a visa, they can go to Spain and apply for an initial work permit at the foreignaffairs office in Spain. They can only start their business activity once they have been granted a work permit. |
Visa-related informationProfessional residence visa for self-employed purposes: this type of visa may be directly applied for at the Spanish diplomatins institutions based in the foreigner's country of origin (without having to carry out any previous formalities in Spain).
Alternatively, a self-employed work permit can first be applied for in Spain, before applying for the relevant visa at the Spanish diplomatic institutions based in the applicant's country of origin.
Formalities (for applying for a visa) in the country of origin- First option: Applicants for a residence visa must go to the Spanish embassy or consulate in their country of origin, which will provide them with relevant information about the documents to be submitted within the scope of the application.
- Second option: if the worker (who does not hold a residence permit) has first applied for a work and residence permit at the foreign affairs office in Spain, he/she must apply for a residence and work visa at the Spanish consulate in his/her country of origin within a period of three months. Once the visa has been issued, he/she must submit it to the Spanish foreign affairs office, together with a copy, which will proceed with recording his/her entry into Spain.
All visa applications must be submitted by the applicant in person or through an intermediary. Representatives must be apointed according to the instructions given by the consulate. The mandatory documents to be submitted are as follows:
- Official application form, duly filled in and signed
- Three recent passport-size photographs
- Currently valid passport or valid travel licence
- Record of convictions
- Medical certificate
When appropriate, the consulate or embassy of the applicants' country of origin shall inform them of any specific documents required. Applicants must collect their visa in person within the period of time stated by the embassy or consulate (this period is normally 2 months as of notification of issuance). Once applicants have been granted a visa, they must submit it to the Spanish foreing affairs office, together with a photocopy, which will certify their entry in Spain.
Information about the initial work permit Its main characteristics are as follows:
- It limits its holder to one specific activity.
- It has a one-year validity.
- The authority that issues the permit may restric its validity to a specific area.
Important remarks for newly settled foreing businesspeople when submiting future projects and business plans
In order to obtain a self-employment work permit, the following circumstances will be taken into consideration: - Impact of the business activity to be carried out in terms of job creation, contribution of nwe capital and technologies, and imporvements to the production environment.
- Is the investment substantial enough to ensure the feasibility of the project?.
- Applicants must have the professional qualifications required and prove that they have met the requirements stipulated by the specific regulations for nationals intending to start up and carry out a business activity.
|
Formalities in Spain- First option: If applicants have first applied for a work permit in Spain and then applied for a professional residence visa in their country of origin, they must submit the visa once it has been issued to the Spanish foreing affairs office, together with a copy, which will certify their entry into Spain. They must then wait until the relevant authority decides to grant them a work permit.
- Second option: If applicants have first applied for a professional residence visa in their country of origin, they will be able to apply for a self-employment work permit at the foreign affairs office ance they have settled in Spain and hold a residence and self-employment visa.
Documents to be submitted when submitting an application to the Spanish foreign affairs office- Application form (free offical Ex-01 form), duly filled.
- Three recent colour photographs (passport-size), non-plasticized, with a white background (photocopies are not accepted).
- Photocopy of passport, valid registration certificate or travel licence. If these have expired, a copy must be submittes together with a copy of the renewal applicarion.
- Project regarding the planned company or activity, stating the expected investment, its profitability and the jobs created as a result (original and copy).
- Documents justifying that the relevant licences and authorizations have been requested in order to set up, launch and run the activity planned, or for the purposes of a professional ocupation. before the permit is granted, proof must be submitted that the licences and authorities required have been granted (original and copy).
- Certificate of registration with a professional association, should such registration be required by law. if the applicant is a freelance worker, he/she must submit the relevant qualifications, duly validates (original and copy).
- Only for legal residents: valid residence card and copy.
Besides the general documentation requested , the following documents must be also presented depending its purpose:
A. Industrial, commercial, agricultural or services activities:
Municipal works permit (original and copy).
Accreditation of the holder of the premises that the company uses.
Accreditation that the company have the production or services necessary means (machinery, vehicles, etc.)
For the participation in companies, it is also needed:
A registration form in the National Tax Office (original and copy).
A copy of the forms D-1A or D-2A of statement of foreign investment, signed for the competent body of the General Direction of Commerce and Investments of the Ministry of Economy.
Deed of incorporation and the Articles of Association registered in the corresponding Registry.
B. Professional activities:
C. Business activities as a partner in an associated work cooperative:
Certificate issued by the competent body of the company, through which the incorporation of the person as a work partner is stated.
Articles of association of the Cooperative (original and copy).
Certificates issued by the National Tax Office or by the General Treasury of the Social Security that states the fulfilment of the cooperative of its tax and Social Security liabilities.
Terms
All applications for a first work permit must be submitted before starting any occupational, professional or service-based activity, without it being possible to start the latter until notification of permit issuance.
Addresses of official bodies in Catalonia
OFFICE OF THE GOVERNMENT OF MADRID IN BARCELONA
Foreign Affairs Office
Marquès de l'Argentera, 4, porta 1
08003 Barcelona
Tel. 93 482 05 00/44
Fax 93 482 03 68
infoext@oue.barcelona.map.es
OFFICE OF THE GOVERNMENT OF MADRID IN GIRONA
Foreign Affairs Office
Gran Via Jaume I, 17
17071 Girona
Tel. 972 41 86 00
OFFICE OF THE GOVERNMENT OF MADRID IN LLEIDA
Foreign Affairs Office
Pl. de la Pau, 1
25071 Lleida
Tel. 973 72 74 50
OFFICE OF THE GOVERNMENT OF MADRID IN TARRAGONA
Foreign Affairs Office
Pl. d'Orleans, s/n
43005 Tarragona
Tel. 977 23 33 11
OTG (Employment Agency of the Government of Catalonia) - Work Department
Estació del Nord, s/n
08018 Barcelona
Tel. 93 265 65 56
Barcelona Office- Ministry of Education, Culture and Sports (validation of higher-education qualifications, etc.)
C/ Vergara, 12, 1r
08002 Barcelona
Tel. 93 301 06 47
http://www.mir.es
