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Starting a business in Spain
In cities like Madrid and Barcelona, the government has unveiled several initiatives to encourage foreign investment in their communities and in the rest of Spain. That's good news for expats living in Spain who want to start a company. However, while owning a business in Spain can be a first step towards residency for non-Europeans, there's no guarantee that having a business in Spain will lead to a resident's visa.
Who can set up a business in Spain?Anybody, regardless of nationality, can set up a sociedad limitada (limited society) in Spain with a minimal initial investment of just over €3000 and another €300 to €450 in fees. (There are other types of businesses you can set up, but I mention the limited society because it requires minimal investment.)
However, if you are a non-EU citizen and do not hold working papers, establishing a business in Spain does not give you the right to live and work in Spain. You can invest capital in the business, but a legal resident in Spain must run the business and only legal residents can work for the business.
Can a non-EU citizen with a business in Spain get Spanish residency?Setting up your own company in Spain may be a first step towards getting a residency or work permit. Since you cannot legally work for your own company without having a work visa, the company’s legal representative in Spain (who will probably be named the company director) will have to run the business in the beginning. Once the business has successfully earned money and paid taxes for six to 12 months, you can apply for a visa to move to Spain and work for the business yourself.
Can I stay in Spain to run my business without getting the work permit?It’s no secret that many illegal immigrants (sin papeles) work for companies in Spain and get paid "en dinero negro" (under the table). In the past, non-EU citizens could set up businesses in Spain, stay in the country, work illegally for their own companies for six to 12 months, and then apply – often successfully – for the residency visa. However, tighter restrictions on immigration have made it more difficult to do this.
Whereas Spanish authorities used to request a copy of only the first page of a foreigner’s passport for a work permit or residency request, they now require a copy of every page of the passport. This way they can see if you have been living and working illegally in Spain. In the past, non-EU citizens could stay illegally in Spain, fly home to complete the paperwork for a visa application, and return to Spain while the visa was being processed. This is no longer possible. If you are or have been in an illegal situation, this will be evident on your passport, and it’s likely your visa application will be rejected.
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What can I do to increase my chances of getting residency in Spain through my company?While there are no guarantees that you will get a work permit or residency if you establish a company in Spain and abide by the rules, you may improve your chances by: Follow the law. The best thing you can do to help your case is to have a clean record. If you are serious about creating a business in Spain in the hopes of getting your residency, don’t mess around with the rules. Come to Spain to set up the business (this should take about a month), but don’t overstay the 90 days you can legally be in Schengen Territory. Be patient. You may have to wait a year from the time you set up the company until the time you finally apply for or get a work permit. In the grand scheme of things, if you want to be in Spain for the long term, that’s not much time. And remember that you can always come to Spain for stays of up to 90 days (in a 180-day period) while waiting to apply for your visa. Choose your partners well. Just having a business is not going to get you a visa. You need to have a business that is earning money and paying taxes. Since you won’t be around to run things yourself or work yourself, make sure you choose responsible, trustworthy people to do this in your absence.
What if I don’t have any Spanish contacts to help run my business?Many foreigners use the services of a lawyer or a gestor (an administrative manager or assessor) to help set up a Spanish business, serve as the company representative or director, and/or sort out taxes. The fees vary greatly, but there are some gestores who charge as little as €600 – which includes all of the fees to the various government agencies and notaries (about €300 to €450).
This is a good option for foreigners with limited Spanish skills or limited patience – if you set up the business on your own (using the steps here), you can expect to spend a lot of time waiting in lines and running from one government building to another. A lawyer or assessor will do all this running around for you and also negotiate a lower rate with the notary.
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