Services » Self Employed Work and Residence Permit

The self-employed work and residence permit is for those who wish to set up a business in Spain. The main requirements for this type of permit is that you can prove you have plenty of financial resources to support yourself (minimum of 60,000 €), you have a clean medical and police certificate and you are capable of carrying out the proposed activity.

Who is entitled

We can apply and assist in obtaining a work and residency permit for any person with sufficient financial means to open a business in Spain. The immigration authorities will take into account the following:

1. The potential creation of new jobs, capital contribution, new technologies and improvement of production conditions.
   
2. Proof of having enough financial means to carry out the project. ¹
   
3. Proof of having the professional capacity to carry out the project. ²
   
4. The existence of a regime of reciprocity in the country of origin.
   
5. Medical and criminal record clearance.
   
   

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1. Depending on the business or venture and number of investors, we recommend a minimum of 100,000 € for a sole applicant. This rule is not fixed and it may vary between countries and type of investment. In any event this investment remains safely deposited in the name of the applicant. Although you can withdraw the funds as soon as the bank certificate for the sum deposited is issued, we recommend that this amount is held in this bank account during the entire application, in order to maximize the chances of approval.
2. Some activities do not require a professional capacity or qualification, such as restaurants, hotels, retail shops,etc. We shall be happy to offer advice in greater detail as to favourable business projects for residency application purposes. We can also introduce our clients to reputable independent agencies specialising in the purchase of suitable and appropriate existing businesses.

In this way Lawbird Immigration Services will provide full end-to-end management of your work permit and residency application.

FAQ

1. How long does the process take?
   
   Currently, the authorities are granting work and residency permits in periods varying between 4 and 8 months. This depends on the province where the application is filed, the number of applicants and the time of the year when the application is submitted (very little activity takes place during August).
   

2. What are your fees?
   
   A description of the services offered and our fees can be found in our Fees page.
   

3. What happens if I do not start the business straight after the authorities have approved my application?
   
   It is a fact of life that you may not find the right commercial premise, that your family takes a while to settle and find themselves comfortable, that you are waiting to import a certain product which is not readily available, that you have applied for a municipal business licence and the Town hall is processing it, and many more. All of these are normal incidences when starting a business, especially in a different country and with (for many of you) a different language. Such factors are duly considered normal. This will therefore enable considerable flexibility around any commitment to a start up time. However, the authorities will want that you start contributing to the social security short after obtaining your application, as proof of your commitment to your side of the deal. Social security payments are are currently fixed at 215 Euros per month, and are paid by business operators, professionals and self employed traders, Spanish and foreign alike. We will advise you on when you need to start and how to go about it. Moreover, the benefits derived from Social Security payments are considerable, encompassing a wide range of essential cover, family protection and lifestyle privileges. Please refer to our Social Security Benefits Pack.
   
   

4. Will I be able to attain Spanish nationality once I have my residency?
   
   For the purpose of being eligible for Spanish nationality by residency in Spanish territory, the applicant will have to prove the following:
   
   
   1. Generally 10 years of uninterrupted residency unless being in one of the situation below.
      
   2. Five years of uninterrupted residency for refugees or asylum seekers.
      
   3. Two years of uninterrupted residency for nationals of South American countries, Andorra, Phillipines, Guinea Ecuatorial, Portugal or members of the sephardic community.
      
   4. One year of uninterrupted residency for:
      1. A person born in Spain
      2. The adopted person who did not exercise the right to apply for nationality
      3. A person subject to guardianship, custody or care by a Spanish citizen or institution for 2 consecutive years.
      4. A person who at the time of application had been married for at least 1 year to a Spanish citizen and was not separated.
      5. A widow or widower of a Spanish citizen , if at the time of application no separation procedure was pending.
         
      6. A person born outside Spain of a mother or father who were originally Spanish nationals.
         
         
   In all cases residency will have to be legal, uninterrupted and previous to the application.
   
   

5. Are foreign investors treated differently from Spanish citizens, from a tax point of view?
   
   No! There is not one tax law article, clause or provision which differentiates Spaniards from foreigners, or makes any of them pay more by reason of nationality. The Spanish tax law system is based on the notion of ´residency for tax purposes´, which entitles residents to avail of a more favourable tax regime, regardless of the passport they hold.
   
   

   
   

Case Studies

1. Diego Taboada from Buenos Aires (Argentina)
   
   Diego Taboada now runs a thriving brasserie in central Marbella. His customers, both locals and tourists alike, enjoy a range of typical Spanish and Argentinian dishes. Diego has successfully tapped in to the local community by providing a quality menu at reasonable prices using fresh local produce from his traditional kitchen, whilst at the same time he has captured the both the local South American community and the imagination of the passing tourists by whetting their appetites by cleverly installing a large “Asador” (open charcoal grill) at the entrance to the restaurant which has a wide range of typically prepared Argentinian meats sizzling away on full view from the street.
   

2. Nabil and Rola from Beirut (Lebanon)
   
   Nabil and Rola from Beirut applied to Lawbird in October 2002. We applied for work permits and residency for Nabil, Rola and Suheil, Rola´s brother, to set up a garage and rent-a-car business (Magicar SL) to be based in Marbella.. In early 2003 the application was approved together with all the appropriate paperwork and licenses to commence the business.
   

   
   

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* Our Fees do not include VAT (Currently at 18%)