Temporary residence permit and self-employed work

The Temporary Residence Permit and Self-Employment authorization allows non-EU citizens to establish themselves as self-employed professionals or freelancers in Spain. This permit is ideal for those looking to legally reside and conduct independent business activities within Spain. Below, we outline the eligibility criteria, required documentation, and the step-by-step process for application. 

What is the Self-Employment Permit?

This permit grants non-EU nationals the right to reside in Spain and work as self-employed professionals. Unlike the employment authorization (for employees hired by Spanish companies), this permit is intended for individuals who wish to work independently, offering freelance services or managing their own business. 

Requirements for Obtaining the Residence and Employment Permit for Salaried Work

To qualify for the Temporary Residence and Self-Employment Permit, applicants must meet the following requirements: 

  1. Non-EU Citizenship: The applicant must not hold citizenship of a European Union country. 
  2. Legal Status in Spain: Must not be present illegally in Spain at the time of application. 
  3. Clean Criminal Record: Must have no criminal record in Spain or any other country of residence in the last five years. 
  4. No Entry Ban: Must not be subject to an entry ban or be within a no-return period. 
  5. Professional Qualifications: Must provide proof of required professional qualifications or accreditation relevant to the self-employed activity . 
  6. Financial Solvency: Must demonstrate adequate financial resources to support both the initial investment and personal expenses throughout the stay in Spain . 

Required Documentation

Note: Copies of the documents must be provided and the originals must be shown at the time of the application

• Official application form (EX–03) in duplicate, duly completed and signed by the hiring company. http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/

Documentation to be provided by the worker:

  • Complete copy of the passport or valid travel document.
  • Copy of the documentation that accredits the required training and, where appropriate, the professional qualification for the exercise of the profession.

Documentation to be provided by the company, except for domestic service:

  • Documentation identifying the company requesting the authorization:
  • If it is an individual entrepreneur: copy of the NIF or NIE, or consent to verify identity data through the Identity and Residence Data Verification System.
  • If it is a legal entity (S.A., S.L., Cooperative, etc.):
    • Copy of the company’s NIF and copy of the incorporation deed duly registered in the corresponding Registry.
    • Copy of the public document that proves that the signer of the authorization request holds the legal representation of the company.
    • Copy of the NIF or NIE or consent to verify identity data through the Identity and Residence Data Verification System of the signer of the application.
  • Signed employment contract. Original and copy must be presented. The copy will be stamped by the Foreigners’ Office and returned for subsequent presentation by the foreigner along with the application for a residence and work visa.
  • Documentary evidence of the occurrence of a case of non-consideration of the national employment situation. (See information sheet No. 107 with the cases and the necessary documentation).
  • Accreditation that the company can guarantee the necessary solvency, through: copy of the IRPF (Personal Income Tax) declaration, or VAT, or Corporate Tax, or the company’s work life report (VILE), referring to the last three years. Also, a descriptive report of the occupation to be performed must be provided.

Documentation of the employer if the activity is domestic service:

  • Copy of the NIF or NIE of the employer or consent to verify identity data through the Identity and Residence Data Verification System.
  • Signed employment contract. Original and copy must be presented. The copy will be stamped by the Foreigners’ Office and returned for subsequent presentation by the foreigner along with the application for a residence and work visa.
  • Documentary evidence of non-consideration of the national employment situation. (See the information sheet referring to the cases and the necessary documentation).
  • Copy of the last IRPF declaration or income certification issued by the Tax Administration or other documentation that proves sufficient solvency for hiring.

 

Important note: When documents from other countries are provided, they must be translated into Spanish or the co-official language of the territory where the application is submitted.

On the other hand, any foreign public document must be previously legalized by the Spanish Consular Office with jurisdiction in the country where said document has been issued and by the Ministry of Foreign Affairs and Cooperation, except in the case that said document has been apostilled by the competent Authority of the issuing country according to the Hague Convention of October 5, 1961, and except that said document is exempt from legalization by virtue of an International Agreement.

For more information on the translation and legalization of documents, you can consult the information sheet

Application Process for Applying for the Salaried Work Permit

In the case of the salaried work permit, it is the employer who must submit the application for residence and work on behalf of the foreign worker. The process must be carried out through the Foreigners’ Office in the province where the employment activity will take place.

If the company has more than 500 employees and operates in multiple provinces, the application must be submitted to the Large Business Unit (Unidad de Grandes Empresas, UGE).

Residence and Work Fees: These fees are due at the time the application is accepted for processing and must be paid within ten business days, as follows:

  • Form 790, Code 052, Section 2.1: Initial authorization for temporary residence, to be paid by the foreign worker > €10.30
  • Form 790, Code 062, to be paid by the employer:
    • Salary below 2 times the Minimum Interprofessional Wage (SMI): Section 1.1, salaried work with residence authorization > €192.02
    • Salary equal to or above 2 times the SMI: Section 1.6, salaried work with residence authorization > €384.07

Steps to Follow to Obtain the Salaried Work Permit:

  • Gather the necessary documentation from both the employer and the worker.
  • Submit the application to the appropriate Foreigners’ Office or the UGE.
  • Pay the processing fees. The amount varies based on the worker’s salary but generally totals €103.
  • Wait for the resolution, which must be issued within a maximum period of three months.

Tips for Expediting the Process:

  • Gather all required documents in advance, including those that require translation and legalization.
  • Ensure that both you and your employer are up-to-date with fee and social security payments.
  • If you have questions or want to avoid complications during the process, contact a specialized immigration lawyer.

Do you need help applying for your salaried work permit?

At Sterna Abogados, we have a specialized immigration team ready to guide you through the entire application process for residence and work permits. If you would like personalized advice or have questions about your case, please don’t hesitate to contact us.

Call us or send us an email to schedule a consultation with one of our attorneys.

Frequently Asked Questions about self employed work permit

The process can take up to three months. If no response is received within this time, the application may be considered denied by administrative silence. 

Yes, family reunification is possible under this permit, allowing immediate family members to join the applicant in Spain under specific conditions. 

This permit allows non-EU citizens to legally reside and conduct independent work in Spain. The initial permit is granted for one year, with options for renewal upon meeting all tax and social security obligations. 

For more details, please contact our expert immigration team at Sterna Abogados to guide you through your self-employment application process in Spain. 

The worker has one month from the notification to the employer to personally apply for the visa at the diplomatic mission or consular office in their jurisdiction.

If the applicant does not collect their visa within the month, it will be understood that the applicant has renounced it. 

The worker, once they have their visa, must enter Spain during the three months of validity of their new visa. The visa, as previously mentioned, enables the entry and stay in Spain of the person. The person will be in Spain in a situation of stay until they are registered with Social Security (this must be done within three months from entry). 

  

Once the worker has registered with social security, they will have a period of one month to personally apply for their Foreigner Identity Card (at the Foreigners’ Office or Police Station).