Requirements to work as a self-employed person being Non-Community

When you arrive in a new country you can find new opportunities in your life, and among them, you can find new job opportunities.
One of the advantages offered by the European Union for all its citizens is the free movement of community members between member countries, which offers great benefits for the incorporation of work both for others and for own account in other member countries.

However, non-community members do not have as many advantages as community members, and in order to start developing a business, they will need to fulfil a series of requirements that we tell you today on our blog, to carry out their business activity.

We will find everything necessary to work in Spain being Non-Community in the following norms:

  • Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and its Social Integration (articles 25 bis, 36 and 37).
  • Law 12/2012, of 26 December, on urgent measures to liberalize trade and certain services.
  • Law 30/1992, of November 26, on the Legal Regime of Public Administrations and Common Administrative Procedure.
  • 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, in the files of authorization for temporary residence and self-employment, of certain reports that will be considered as evidence of compliance with certain regulatory requirements, without prejudice to any other Means of proof admitted in law.

Taking into account the regulations, we will first need a temporary residence and work permit for foreigners who are not resident in Spain. With it you can carry out a lucrative activity on your own, that is, we can be self-employed.

In order to obtain this authorization, certain requirements will have to be fulfilled:

  • Not be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or be a relative of citizens of these countries to whom the Union citizen’s regime may apply.
  • To not be found irregularly in Spanish territory.
  • To not have a criminal record in Spain and in their previous countries of residence for crimes that exist in Spanish law.
  • Not to be banned from entering Spain and not to appear as reprehensible in the territorial space of countries with which Spain has signed an agreement in that sense.
  • Not to be found, in the cases that it is necessary, within the term of commitment of not return to Spain that the foreigner has assumed when returning voluntarily to its country of origin.
  • Comply with the requirements that the current legislation calls for the opening and operation of the activity that is wanted to perform.
  • Have a qualifying professional qualification or accredited experience sufficient to carry out the professional activity. In cases where necessary, it will be necessary to register.
  • To be able to prove that the planned investment is sufficient and the incidence, in the cases that are necessary, in the creation of employment.
  • To be able to prove that there are enough economic resources for the maintenance and the accommodation once deducted the necessary resources for the maintenance of the activity.

If these requirements are met, we will have to complete and submit the corresponding documentation in order to carry out the procedures. In general, copies of the documents must be presented and the originals must be shown at the time of application. The necessary documents are:

  • Application form in the official model (EX-07) in duplicate, duly completed and signed.
  • A full copy of current passport or travel document.
  • In the case of commercial retail or service activities that are in the Annex of Law 12/2012, which is carried out in permanent establishments, whose useful surface is equal to or less than 300 square meters, it will be necessary the responsible declaration or Prior notice, and in the cases that are necessary will need the proof of payment of the corresponding tax. For the rest of activities and professional services, the list of authorizations or licenses that are necessary for the installation, opening or operation of the activity to be performed or for the professional exercise must be presented, always indicating the situation in which are the procedures for its achievement, including in the cases that are necessary, the certifications of application before the corresponding organizations.
  • Copy of the documentation proving that you have the training, and in the cases where necessary, the professional qualification legally required for the exercise of the profession.
  • Accreditation that there is sufficient economic investment or commitment of support from financial or other institutions.
  • A project of establishment or activity to be carried out, indicating the expected investment, expected profitability and, where necessary, the job created.

The last three sections can be accredited by an appraisal report that can be issued by:

  1. National Federation of Associations of Employers and Autonomous Workers (ATA)
  2. Union of Professionals and Autonomous Workers (UPTA)
  3. Confederación Intersectorial de Autónomos del Estado Español (CIAE)
  4. Organization of Professionals and Self-Employed (OPA)
  5. Union of Associations of Autonomous and Entrepreneurial Workers (UATAE)

For all these documents, is very important to take into account that, when they come from other countries, they must be translated into Spanish or the co-official language of the territory where the application is filed.

In addition, any foreign public document must be previously legalized by the consular office of Spain with jurisdiction in the country in which the document was issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation, unless the document Has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and also excludes cases in which the document does not require legalization according to what is contemplated in the International Convention.

Having all the necessary documents and fulfilling all the requirements, we only need to follow the procedure to be able to make the request:

  1. Who can apply? It will be the foreigner personally.
  2. Where does it have to be presented? In the Diplomatic Mission or in the Spanish Consular Office corresponding to your place of residence.
  3. Are there residence and work rates? The residency and work rates will accrue at the moment of admission of the application and must be paid within 10 business days by means of models 790 code 052, model 790 code 062, section 1.5, «authorizations for self-employment «
  4. Where can I find the form? The subscription form can be downloaded from the electronic headquarters of the Secretariat of the State of Public Function.
  5. What is the deadline for resolution? The period for obtaining the resolution is 3 months starting from the day after the date on which it was entered in the register of the competent body for its processing. If during this period the Administration has not given the notification, it can be understood that the request has been dismissed by administrative silence.
  6. Who notifies the resolution? Those responsible for notifying the interested party the resolution on temporary residence and self-employment shall be the Diplomatic Mission or the Consulta Office.
  7. When the concession is obtained, the worker has one month from the notification to personally apply for the visa, in the Diplomatic Mission or in the Consular Office where he resides. This application must be accompanied by:
    • The ordinary passport or travel document recognized as valid in Spain with a validity of 4 months.
    • The Certificate of Criminal Record issued by the authorities of the country of origin or of the country or countries in which you have resided during the last 5 years.
    • The medical certificate.
    • The proof of having paid the visa fee.
  8. The Diplomatic Mission will be responsible for resolving the request within one month.
  9. When the visa has been notified, the worker will have to pick it up personally within one month from the date of notification. If the collection is not made within the term within this period, it is understood that the file has been renounced and the file will be filed.
  10. When the visa is collected, the worker must enter Spanish territory within the term of validity of the visa, which will be three months.
  11. Once in Spain, the worker has three months to make his high affiliation and subsequent contribution in the terms established by the Social Security regulations that are applicable.
  12. Within one month after the worker has registered in the Social Security, you must personally apply for the Foreign Identity Card at the Immigration Office or Police Station in the province where the authorization has been processed.
  13. At the moment in which the process of the footprint is carried out, you must show your passport or travel document and also have to provide:
    • The card application in the official model (EX-17).
    • The proof of payment e the rate of the card.
    • The accreditation of the affiliation and/or high of the Social Security.
    • 3 Recent colour photographs, on white background, card size.

When we finish the procedure we can start our new job adventure as a self-employed in Spain.

If you are thinking of starting your business in Spain and you are not a Community Member, you can come and visit us and we will advise you and accompany you during the procedure for applying for a temporary residence and work visa. If you want you can ask for an appointment on the 971 72 80 10 or you can come to visit our offices in Mallorca.
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Moya&Emery Asesores y Abogados

Moya&Emery Asesores y Abogados

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