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Self-employed residency is one of the ways to live in Spain on a regular basis when practicing a profession independently. In short, this permit is granted to carry out a self-employed lucrative activity or business. The economic activity must generate sufficient resources to cover their lodging and maintenance. Likewise, in the initial phases of the project, in which there are no profits, it must be proven that the investment costs are compatible with the applicant’s basic expenses. It is the opposite side of the residency procedure where the foreigner is the employee. In this case it is the applicant who, if the project requires it, may need to have workers in charge. However, this case should not be confused with the investor residences contemplated in Law 14/2013, where the economic resources requirement of up to €500,000 or more is a priority. Moreover, under Law 14/2013 even if a project is undertaken the position of the applicant is more in line with that of an investor or equity partner than that of a manager or administrator in charge of the activities.
The requirements for obtaining self-employed residency therefore have a dual economic aspect and a professional qualification. In many cases it will even be legally required to belong to certain professional associations depending on the activity to be carried out. Likewise, it may be required by the Administration to demonstrate the ability to undertake the professional activity not only through documentation but also through verifiable experience. The legislation states that these parameters are not to be evaluated by the immigration office, but by one of the federations of self-employed workers recognized by the regulations, such as UPTA, ATA or OPTA, as well as any other duly registered intersectorial confederation or sectorial grouping. Therefore, it is possible to conclude that in order for the authorization of self-employed residence to be viable, the processing and obtaining of a favorable report is essential for the self-employed residence procedure.
The applicant must in turn meet a series of requirements common to the processing of any immigration application, such as not being an EU, Swiss or European Economic Area citizen, not having a criminal record, where he/she has resided for crimes assimilated to Spanish criminal law, or not being in Spain illegally when making his/her application, nor having been declared a foreigner. non grata. Once these minimum requirements have been met, it is possible to begin the processing of your file by attaching the specific documentation such as the opening and operating licenses of the premises or establishment, especially nowadays with respect to health regulations. All of this is in line with what has already been said about having professional qualifications and/or experience as well as sufficient financial resources to obtain self-employed residence.
From Extranjeros Aema we accompany you during the whole procedure of the residence permit on your own account. We listen to your value proposition and advise you based on our experience in handling similar cases. We assist you in the elaboration of the business plan for its presentation and approval by one of the registered organizations of self-employed workers. Collaborating so that you can obtain not only a favorable resolution in the first instance but also the maintenance and success of the plan to make possible the renewal of the residence permit for employees, even extending it to family members. We also deal with the consulate as well as with the corresponding immigration office, supporting you in all the requirements or cases that may arise. As in other procedures, the non-notification of the resolution of the case means the rejection of the case. In spite of the effort to present all the documentation properly and with sufficient validity, its evaluation is not always correct on the part of the Administration, so it is advisable to appeal the decisions that we consider to be ill-founded to our detriment. Even explore other ways to undertake the project or obtain residency in Spain in the case of having sufficient economic resources.
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