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Home/Startup Visa

Startup Visa

15.08.2023
Olga Scherbakova
statya_2

A startup visa and residence permit on this basis is a fairly common program for moving to Spain, which is regulated by Spanish Law Ley 14/2013, de 27 de septiembre, de apoyo a los emprendedores y su internacionalización. One of the main goals of this law is to create a regulatory framework favorable for investment and attracting talent to Spain, as well as to establish the conditions for entry and stay in Spain for foreign nationals who prove their status as entrepreneurs in the field of innovation (startup). The Spanish Law Ley 28/2022, de 21 de diciembre, de fomento del ecosistema de las empresas emergentes, introduced changes regarding the processing of residence permits for entrepreneurs in the field of innovation (startup). In this regard, in 2023, there were published Instructions on the practical aspects of the application of Spanish Law Ley 14/2013, de 27 de septiembre, de apoyo a los emprendedores y su internacionalización regarding applications for residence permits for entrepreneurs, as well as the criteria and procedure for the certification of startups.

In this article, we have tried to consider the practical aspects of the changes that have taken place to help you understand how the startup programme criteria apply if you are planning to move to Spain or conduct your employment or professional activities in Spain. The following information is for applying for a residence permit from Spain with a Schengen visa, or a residence permit/pmj/citizenship from other countries. We will also be glad to help you apply for a national startup visa if you plan to apply through the Spanish Consulate in your country of residence.

1. You can apply for a startup residence permit in Spain if the following conditions are met:

  • You are not a Spanish or EU citizen.
  • You are planning to carry out entrepreneurial activities in Spain. Entrepreneurial activity is defined as an activity that is innovative and/or of particular economic interest to Spain.
  • Your total monthly income is 200% of SMI, i.e. €2,520 in 2023.
  • You have an approval from ENISA (la Empresa Nacional de Innovación Sociedad Anónima) for your business project.

2. ENISA's criteria for reviewing a business project:

  • The applicant's professional profile and involvement in the project. 
  • Where there are multiple partners, the involvement of each partner will be estimated, both those applying for a residence permit and those who do not require one.
  • A business project is considered innovative when its objective is to solve a problem or improve an existing situation by developing new or significantly improved products, services or processes over the existing technological level. 
  • The business project fulfils the criteria and requirements established by Spanish legislation regarding the innovative nature of the entrepreneurial activity and scalability.

* Up to 4 people can participate in the project. Family members are not counted as project participants.

3. Duration of residence permit on the basis of startup:

  • The maximum period of residence permit is 3 years with the possibility of extension for 2 years.

* If you plan to apply for a national visa, a national visa is issued for a period of 1 year, with the possibility of staying in Spain for more than 90 days in each half of the year. The visa allows you to apply for a residence permit from the territory of Spain during the validity period of the visa. 

4. Period of processing of national visa and residence permit:

  • ENISA decision on a business project takes 10 working days.
  • Residence permit issuance is 20 working days.

* If you plan to apply for a national visa, national visa processing is 10 working days.

5. The documents for a residence permit must be submitted online in Spain. 

6. If you plan to move with your family your total monthly contractual income should be 200% of SMI for the main applicant + 75% of SMI for the second family member and 25% of SMI for the third and subsequent family members. Therefore, the income for a family of 3 members would be 3,780 in 2023.

7. Family members include:

  • Spouses, including a partner in a civil marriage.
  • Children, including adult financially dependent children, if they do not have their own family.
  • Parents.

8. Basic documents for obtaining a startup residence permit: 

  • Documents confirming the availability of sufficient economic resources. 
  • Certificate of no criminal record for the last 5 years (for some countries the certificate must have an apostille and a certified translation into Spanish) with an expiry date of 90 days. 
  • Private medical insurance with full coverage throughout Spain, taken out with a company accredited in Spain. 
  • Proof of legal residence in Spain. 
  • Birth and marriage certificates (for some countries the certificate must have an apostille and a certified translation into Spanish) when filing jointly with the family. 
  • A responsibility statement containing a commitment to fulfil, prior to commencing any employment or occupation, social security obligations.
  • A favourable ENISA opinion on the business project.

9. Taxes:

  • 15% corporate tax rate.
  • If the applicant has not been resident in Spain for the last 5 years, he/she is entitled to a special tax regime. That is, he will be allowed to pay a flat rate of income tax of 24% on income up to €600,000 (as for a non-resident), rather than a progressive rate which can be as high as 48%.

* We recommend consulting a tax expert to calculate taxes based on your individual situation.

10. Applicants who apply for a residence permit and family members have the right to work in Spain without restrictions throughout Spain.

11. Additional requests are a common practice when the immigration authorities review an applicant's file. It should be noted that immigration authorities have the right to request any documents that are not on the mandatory list. You should take additional requests easily, because additional request means that the whole package of documents has been reviewed and the immigration authority is clarifying some details of your dossier. If the immigration authority has grounds for refusal, you are likely to receive a refusal rather than an additional request within the decision-making time frame.

12. In case of refusal, the reason for refusal is always indicated by the immigration authorities. If the denial is unjustified, an appeal is filed.

13. If a decision on a national visa or residence permit is not provided within the specified time frame, you can request a decision on the "silencio positivo administrativo" procedure. If there is no answer, most often you just need to wait, because delays in the decisions of immigration authorities in Spain are quite a standard situation. 

14. The resident's card must be requested within 1 month after receiving approval for a residence permit.

15. The optimal period for preparing documents for obtaining a residence permit on this basis is 3 months, taking into account the preparation of a business project and obtaining approval from ENISA. 

We always treat our customers honestly, so we do not provide guarantees that your move with us will be perfect and stress-free. Moving to another country is always a complicated process that rarely goes perfectly smoothly, regardless of whether you are dealing with this issue on your own or with the involvement of experts. It is important to be patient and calmly treat any situation in the process of obtaining a national visa or residence permit. What we definitely guarantee to our clients is that we will always be there for you in the process of applying for a national visa and residence permit in any difficult situation and will try to solve all problematic issues before you get the result you expect. 

 

Our Practise
100% Approvals
We currently have no refusals for Spanish national visas and nomad visas.
ENISA
We will help you prepare a business plan in Spanish in accordance with the criteria of the Spanish legislation.
Civil Marriage
We help to confirm civil marriages in Spain to obtain a residence permit for your partner.
Adult Relatives
We have experience in approving residence permits for adult relatives (children and parents).
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