If you are a foreign citizen residing in Spain with a non-lucrative residence permit and are considering taking the next step to start your own business, this article is for you. We will explore in detail the process of changing your residence status to residence and self-employment. We will analyze the requirements, necessary documentation, procedures, and important considerations to help you obtain the authorization needed to become a self-employed worker in Spain.
What is Non-Lucrative Residence?
Non-lucrative residence is a type of residence permit that allows foreigners to live in Spain without engaging in any work activities. This visa is ideal for those who wish to reside in the country for personal reasons, such as enjoying its climate, culture, or being close to family. However, if after some time you decide you want to work and start a business, you can apply for a modification of your status to residence and self-employment.
Benefits of Residence and Self-Employment
Choosing residence and self-employment offers several advantages, including:
- Labor Freedom: You can work for yourself and develop your own business, allowing you to have control over your schedules and work activities.
- Legal Stability: You will obtain a residence permit that allows you to live and work legally in Spain.
- Access to Services: As a resident, you will have access to public services, such as healthcare and education.
Requirements for Modifying Your Residence Status
To obtain the modification of your residence status from non-lucrative to residence and self-employment (HI 71), you must meet the following requirements:
- Minimum One-Year Residency: You must have resided in Spain for at least one year. In exceptional cases, you can apply for modification before completing the year if you can demonstrate an urgent need to work.
- No Criminal Record: It is essential that you do not have a criminal record in Spain.
- No Entry Ban: You must not be banned from entering Spain and should not be listed as inadmissible in countries with which Spain has agreements.
- Compliance with Legislation: You must comply with the requirements established by law for the opening and operation of the economic activity you plan to carry out.
- Professional Qualification: You need to demonstrate that you possess the professional qualification or necessary experience to conduct the activity you wish to undertake.
- Sufficient Investment: You must prove that your investment is sufficient and that it can contribute to job creation, if applicable.
- Economic Resources: It is important to show that you have sufficient economic resources for your maintenance and accommodation, after deducting the necessary expenses to maintain your economic activity.
Necessary Documentation
The documentation required to apply for the modification of your residence status includes:
- Application Form: An official form (model EX-07) duly completed and signed in duplicate.
- Copy of Passport: You must submit a complete copy of your valid passport or travel document.
- Responsible Declaration: If your activity involves retail or services in establishments up to 300 square meters, you will need a responsible declaration or prior communication, along with proof of payment of the corresponding tax.
- Necessary Authorizations: For other activities, you should provide a list of required authorizations or licenses and their status of processing, including application certifications.
- Qualification Documentation: Provide documents that prove your required training and professional qualification.
- Sufficient Economic Investment: Present documents demonstrating sufficient economic investment or a commitment of financial support.
- Business Project: You need to submit a project for your activity, including details about investment, expected profitability, and job creation forecasts.
- Valuation Report: You can include a valuation report issued by organizations such as ATA, UPTA, CIAE, OPA, or UATAE.
- Translation and Legalization: All foreign documents must be translated into Spanish or the co-official language of the territory where you submit your application. Furthermore, they must be legalized by the Spanish consulate or the Ministry of Foreign Affairs.
Procedure for Application
The procedure for applying for the modification of your residence status can be carried out either in person or electronically. Below, we detail how to do it:
1. In-Person Application
To submit your application in person, follow these steps:
- Schedule an Appointment: Request an appointment at the Expat Office corresponding to your locality.
- Documentation: Attend the appointment with all necessary documentation. Make sure to bring both copies and originals of all documents.
- Payment of Fees: At the time of submitting your application, you will need to pay the corresponding fees. This can be done at the time of admission.
2. Electronic Application
If you prefer to complete the process electronically, follow these steps:
- Access the Mercurio Platform: You need a digital certificate that allows you to access the Expatriate Platform Mercurio.
- Online Form: Complete the application form online.
- Digital Documentation: Upload all required documents in digital format.
- Payment of Fees: Pay the fees electronically.
Deadlines and Response Times
Once you have submitted your application, the Expat Office has a deadline of three months to respond. If you do not receive any news within this timeframe, it will be assumed that your application has been denied due to administrative silence.
Approval and Denial of the Application
Approval
If your application is approved, you will receive a permit that allows you to reside and work in Spain without limitations. To obtain your Foreign Identity Card (TIE), you will need to present some additional documents:
- TIE Application: Complete model EX-17.
- Payment Proof: Ensure you have the payment proof for the corresponding fee.
- Favorable Resolution: Bring the resolution confirming the approval of your permit.
- Recent Photographs: Submit recent photographs in the required format.
Denial
If your application is denied, you will have the option to file a voluntary appeal within one month from the notification of the resolution. It is important to review the reasons for denial so you can correct any mistakes in a possible new application.
Final Considerations
Transitioning from non-lucrative residence to residence and self-employment is a process that requires attention to detail and strict compliance with legal requirements. Be sure to prepare all necessary documentation and follow established procedures to avoid issues in the future.
Additionally, consider the importance of obtaining specialized legal advice on immigration matters. An immigration lawyer or consultant can help you navigate the process, ensuring that all your applications are correctly submitted and within the established deadlines.
Frequently Asked Questions
1. How long do I have to submit the application?
You should submit your modification application before your non-lucrative residence expires, ideally at least one month before its expiration date.
2. Can I work while my application is being processed?
You cannot work until you receive approval of your application and obtain your foreign identity card.
3. What if I am missing documentation?
It is essential to submit all required documentation complete at the time of application. If you are missing any documents, it is better to obtain them before submitting your application.
4. Can I change my economic activity after obtaining the permit?
Yes, you can change your economic activity, but you will need to present the corresponding modification to the Expat Office.
5. What happens if I want to return to my non-lucrative residence?
If you decide to return to your non-lucrative status, you will need to meet the requirements of that category again.
Conclusion
Transforming your non-lucrative residence into residence and self-employment is a significant step that will allow you to undertake and live legally in Spain. With this guide, we hope to have provided you with the necessary information to carry out this process effectively and without complications. Always stay informed about updates in regulations and procedures that may affect your situation. Best of luck in your new business venture in Spain!
For more information or assistance with the application process, feel free to reach out to immigration experts who can guide you through every step.
We have experience in this type of procedure, so if you need any assistance, please do not hesitate to set an appointment or contact us.
