Residence and self employment: permit

index

Information of interest

What do you need to know?

The initial residence and self-employment permit is the document that entitles the holder to reside and work in Catalonia, with the aim of carrying out a profitable activity on a self-employed basis.

VERY IMPORTANT

The initial permit is applied for in person, before starting the activity, and is valid for one year.

Validity of the initial permit is subject to the person’s enrolment and registration in the social security system.

A set-up or activity project must be submitted, along with proof of professional capacity or qualification and the investment necessary.

What is your current status?

If you are outside Spain, you must apply for the self-employed residence visa authorising you to enter the country.

If you are legally in Spain, you will need to apply to change your residence status in order to obtain your residence permit and self-employment visa. To do this, among other requirements, you must have lived in Spain for at least one (1) year as a resident or as a student and must submit your application during the term of validity of the residence permit or any extension to it that may have been granted. Exceptionally, you can apply for the change before a year when you can prove a need to work to ensure your subsistence due to unexpected circumstances.

Who does it apply to?

It applies to Non-EU nationals who are going to carry on a profitable activity on their own account.

What requirements must be met to apply for the visa?

In order to apply for a national (long-stay) visa, certain general and specific requirements must be met, depending on the reason for travel.

General requirements

Not being a citizen of an EU or EEA state or Switzerland, or a family member of individuals from those countries to whom the rules for EU citizens apply.
Having no criminal record in Spain and in the countries where you have resided during the last five years.
Medical certificate.
Not being forbidden to enter Spain or being listed as liable to be refused entry in the territorial area of countries with which Spain has signed an agreement to that effect.
Pay the fee for the residence permit and self-employment permit.

What requirements must be met to obtain the permit?

Not being a citizen of an EU or EEA state or Switzerland, or a family member of individuals from those countries to whom the rules for EU citizens apply.
Not being in an irregular situation in Spanish territory.
Having no criminal record in Spain and in your previous countries of residence for crimes existing in the Spanish legal system.
Not being forbidden to enter Spain or being listed as liable to be refused entry in the territorial area of countries with which Spain has signed an agreement to that effect.
Not being, where applicable, within the period of commitment not to return to Spain undertaken by the foreign national when voluntarily returning to their country of origin.
Meeting the requirements that current legislation stipulates for initiating and carrying on the planned activity.
Having a business plan detailing the following requirements:
- Having the necessary professional qualification or proven experience to carry out the professional activity, as well as regulatory approval and/or recognition and, where applicable, membership of a professional association where so required.
- Being able to prove that the planned investment is sufficient and that, where applicable, it has some impact on job creation.
- Having sufficient financial resources for subsistence and accommodation, once those necessary for carrying on the activity have been deducted. The amounts to be proven are those envisaged for applications for temporary residence permits for family reunification purposes, based on the interested party's dependants.

How long is it valid for?

The validity period is generally one (1) year.

The validity of the residence and self-employment permit is conditional upon registration with the relevant social security scheme, which must be done during the three (3) months following your legal entry into Spain and, in any event, during the validity of the visa and before starting to work.

Within one (1) month of registering with the social security system, you must also apply for an identity card for foreign nationals (TIE).

Can I bring my family with me?

Yes.

You can regroup your family members with a temporary residence permit for family regrouping, which includes the following individuals:

Spouse or person with whom the resident seeking regrouping has a similar relationship.
Children of the resident seeking regrouping and the spouse or partner, including adopted children (provided the adoption is valid in Spain), under the age of the 18 or disabled who are objectively unable to provide for their own needs due to their health.
Parent of the long-term or long-term-EU resident seeking regrouping, or of their spouse or partner, when they are under their care, aged over 65 or there are reasons to justify the need to authorise residence in Spain.

For more information, visit the website Immigration Portal on temporary residence permit for family regrouping.

What do you need to do?

You can only apply for the visa or permit in person by going to the diplomatic missions and consular offices of Spain in your country of residence.

What steps must you follow?

Gather all necessary documentation (as detailed below).
Request your appointment at the diplomatic mission or consular office (if you are outside Spain), or at the immigration office in Barcelona (if you are applying to change your residence status and you are in the city).
Fill in the fee payment forms associated with the permit (residence and work), indicating the payment method.
Pay the fees prior to your appointment date.
Go to your appointment at the diplomatic mission or consular office or at the immigration office to hand in the documentation you used to apply for the residence and self-employment permit.
Receive or collect the permit. Your application will be dealt with in a period of three (3) months and the diplomatic mission or consular office will notify you.
If you are outside Spain, after receiving the notification of the approval of your application, go to the diplomatic mission or consular office within no more than one month to process the entry visa that will allow you to enter Spain and start working within the next three months.
Once in Spain, you must complete the following formalities:
1. Obtaining a social security number (NUSS)
2. Registration with the social security system
3. Identity card for foreign nationals (TIE)

Who can apply?

Foreign nationals must apply for both the visa and permit in person.

What documentation is needed?

In general, you must provide the original and a copy of each document.

VERY IMPORTANT

The documents must be translated into Spanish by a sworn translator and legalised. In the case of multilingual standard EU forms, neither translation nor authentication is required.

The form of legalisation will depend on whether the issuing country has signed the Hague Convention of 5 October 1961 or not:

If the country issuing the public document is a signatory, the document will be recognised if it bears the Hague Apostille stamp. The certificate will be processed in the country of origin.

If the country issuing the public document is not a signatory, then the legalisation process will be carried out through diplomatic channels.

Get more information about the legalisation and translation of documents.

The documentation listed below is for information purposes only, by way of minimum requirements, as the documentation required may vary depending on your country of residence. Each diplomatic mission or consular office may require any additional documentation it deems necessary for the purposes of the decision regarding initial permit.

In the case of the initial residence and self-employment permit, some diplomatic missions and consular offices often request, in addition to the documentation indicated below, documentation for the entry visa.

However, the general and specific basic documentation that you will have to provide is the following:

a. Application form duly completed and signed.

b. National visa application form duly completed and signed.

c. Proof of payment of fees (residence and work).

d. Valid passport or travel document.

e. Any statements of compliance required by law (for retail activities and provision of services listed in the annex to Law 12/2012, conducted at permanent establishments with a net floor area of 750 square metres or less; statement of compliance or prior notification — under the terms of Article 71.bis of Law 30/1992 — and, where applicable, proof of payment of the relevant tax). Or if the activity requires them, list of permits or licences needed for the installation, opening or operation of the planned activity or profession, indicating the current status of the formalities for obtaining them, including, where applicable, certificates for applications submitted to the relevant bodies.

f. Documentation that attests to having the training and, where applicable, the professional qualification required to practise the profession, as well as regulatory approval and/or recognition and, where applicable, membership of a professional association where so required.

g. Proof of sufficient financial investment or commitment of support from financial institutions or other entities.

h. Set-up or activity plan, indicating the planned investment, expected profitability and, where appropriate, a job-creation forecast.

Items f, g and h can be provided by the valuation report. This, by way of example, may be issued by one of the following organisations:

National Federation of Associations of Entrepreneurs and Self-Employed Persons (ATA).
Union of Professionals and Self-Employed Persons (UPTA).
Spanish State Inter-sectoral Confederation of Self-Employed Persons (CIAE).
Professionals and Self-Employed Persons Organisation (OPA).
Union of Self-Employed Persons and Entrepreneurs Associations (UATAE).

How long does it take?

The time limit for dealing with the application is three (3) months.

If you are in Spain and applying to change your residence status, if the authority has sent no notification after this period, the application can be understood to have been rejected due to administrative silence. (When the resolution cannot be notified, it will be announced on the Single Bulletin Board. If you opted for electronic notification or that means has been established by law, the decision will be notified by means of publication on the website. If the decision has not been viewed within ten working days of publication, it will be deemed to have been notified).

How much does it cost?

To apply for the residence and self-employment permit you must pay two (2) fees:

RESIDENCE FEE: €10.94 for fee 052, in which you must check box 2.1 if you are outside Spain or box 2.2 if you are in Spain applying to change your residence status.
WORK FEE: can be up to €203.84, depending on the case. Individuals with income of less than €30,000 in the last year are exempt from paying the fee. You must provide the information requested on the Generalitat de Catalunya website AUT03a to generate the application form and fee payment document.