What are the requirements for changing from a family regime to self-employed status?
- Not having a criminal record in Spain and in previous countries of residence.
- Not being prohibited from entering Spain.
- Being registered in the corresponding Social Security regime as a self-employed worker or meeting the following requirements:
- Complying with the requirements that current legislation demands for the opening and operation of the planned activity.
- Possessing the professional qualification or accredited experience sufficient for the practice of the professional activity, as well as membership in a professional association if required.
- Being able to prove that the planned investment is sufficient and its impact, if any, on job creation.
- Being able to prove that you have sufficient economic resources for your maintenance and accommodation, once the necessary expenses for the maintenance of the activity have been deducted.
What documentation must I provide to make the change to the general regime?
- Application form in the official model (EX–07) in duplicate, duly completed and signed by the foreigner. The form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
- Copy of the complete passport or travel document or valid foreigner’s registration card.
- Criminal record certificate issued by the authorities of the country or countries where you have lived during the last five years before entering Spain.
- If you are not registered in the corresponding Social Security regime as a self-employed worker, you must provide:
- For retail commercial activities and the provision of services listed in the Annex of Law 12/2012, carried out in permanent establishments with a useful surface area of 300 square meters or less, a responsible declaration or prior communication (as per article 71.bis of Law 30/1992) and, if applicable, proof of payment of the corresponding tax.
For the rest of the activities and provision of professional services, a list of the authorizations or licenses required for the installation, opening, or operation of the planned activity or for professional practice, indicating the status of the procedures for their achievement, including, where applicable, the certifications of application to the corresponding organizations.
- Copy of the documentation that proves possession of the training and, where applicable, the professional qualification legally required for the practice of the profession.
- Proof of having sufficient economic investment, or support commitment from financial institutions or others.
- Project of establishment or activity to be carried out, indicating the planned investment, its expected profitability, and, if applicable, the jobs whose creation is foreseen.
As an example, regardless of their justification by other means admissible in law, the last three sections can be accredited by the valuation report issued by one of the following organizations:
- National Federation of Associations of Self-Employed Workers and Entrepreneurs (ATA)
- Union of Professional and Self-Employed Workers (UPTA)
- Intersectoral Confederation of Self-Employed Workers of the Spanish State (CIAE)
- Organization of Professionals and Self-Employed Workers (OPA)
- Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE)
What is the procedure?
The foreigner personally must submit the application at the immigration office of the province where they are residing (or where they have established their domicile).
The application must be submitted within 3 months following the notification of the annulment, divorce, or cancellation of your registration.
Residency fees: will be incurred at the time of the application’s admission and must be paid within ten business days, they are:
- Model 790, Code 052
- Model 790, Code 062
The forms for paying the fees can be downloaded from the website: portal of the State Secretariat for Public Function.
How long will it take?
3 months from the day following the date of entry into the registry of the competent body for its processing. After this period without the Administration having made the notification, it can be understood that the application has been denied by administrative silence.