General Regime · Self-Employment
Build your business.Build your life in Spain.
Carrying on a professional or business activity in Spain as a third-country national takes more than a good idea.
The temporary residence and self-employment permit (residencia temporal y trabajo por cuenta propia) allows you to settle in Spain to carry on a self-employed activity, provided that the project and the applicant meet the conditions laid down by the regulations.
Analyse your project
The architecture
The idea is yours.The structure is ours.
- ·Idea
- ·Structure
- ·Activity
- ·Residence
Before the application, there is the architecture of the project.
The route
Is this the right route?
Before preparing the file, we analyse whether this permit genuinely corresponds to your situation.
Because setting up a self-employed activity is not the same as joining a company or developing a business project of particular economic interest.
The latter circumstances may lead to other immigration routes, including certain permits from the UGE(Unidad de Grandes Empresas), which belong to a different regime.
Choosing the right route comes first.
What must be proved
The business must exist before it exists.
The project must be capable of being explained and evidenced in documents.
Professional capacity
Where applicable, the training, qualifications or experience needed to carry on the activity must be evidenced.
Investment
Sufficient investment for the launch of the project must be evidenced, having regard to the nature and characteristics of the activity.
There is no single figure that automatically makes a project viable.
Business plan
The project must explain coherently: activity · market · location · investment · financing · financial forecast · income · expenses · employment and any other relevant elements.
Economic capacity
The availability of the resources needed to fund the investment and the initial development of the activity must be evidenced, together with any applicable personal financial requirements.
Licences & authorisations
Where the activity so requires, the necessary licences and professional or administrative authorisations must be provided for.
Documentation
The professional, financial and personal documentation must be presented correctly and, where required, with an Apostille or legalisation and a translation.
The business plan
Not a formality.
One of the most common mistakes is to treat the business plan as a document intended merely to satisfy a requirement. It should not be.
The project must show a logical relationship between:
- who you are
- what you want to do
- what you will invest
- where you will do it
- who your customer will be
- and why the project is viable
A strong application tells a coherent story.
Where the realdifficulty lies.
The details matter.
A project may be perfectly legitimate and yet present difficulties if:
the investment is not sufficiently justified
the financial plan is not sufficiently robust
the applicant’s experience is not evidenced
the activity requires authorisations that have not been provided for
the financial documentation does not adequately explain the resources
there are inconsistencies between the project and the professional profile
the corporate structure is not properly designed
or a permit has been chosen that does not correspond to the real project
A good idea is not enough. It has to be provable.
From idea to structure
Our work begins before the file is opened.
Where the project requires it, we can become involved at a stage before the application in order to:
- analyse the legal viability
- structure the business plan
- organise the investment
- determine the appropriate legal structure
- coordinate the incorporation of a company
- review licences and authorisations
- analyse the tax implications
- and then prepare the immigration file
Immigration is one part of the project. The business, tax and legal structure complete it.
Autónomo or company?
The structure must fit the business.
Not all projects should be structured in the same way.
Depending on the activity, we can analyse whether it is more appropriate to operate as a self-employed professional (autónomo) or through a company.
Where a company is chosen, we can coordinate matters such as:
- incorporation
- corporate purpose
- participaciones (shareholdings)
- directors
- activity
- tax
- and other legal matters connected with the project
Consular and documentary care
Preparation comes before filing.
When the procedure begins abroad, we first analyse:
- competent consulate
- applicable documentation
- criminal record
- qualifications
- Apostilles
- legalisations
- translations
- and the practical particulars that may affect the file
No generic files. No last-minute documents.
The documentation must be prepared before the file comes to depend on it.
Duration
The first year.
The initial temporary residence and self-employment permit has a duration of one year.
During that period, the holder must carry on the activity under the conditions corresponding to the permit and comply with the applicable obligations.
Renewal
The project must continue to make sense.
Renewal requires evidencing compliance with the applicable conditions and the continuity of the activity on the terms laid down by the regulations.
That is why we do not wait for the expiry date. We review in advance:
- effective activity
- financial situation
- tax compliance
- Social Security
- continuity of the business
- corporate changes
- and any relevant change
We plan for continuity. Not just approval.
If the application is refused
A refusal requires a legal response.
A refusal should not be analysed solely by its outcome. We examine:
- which requirement is considered unmet
- which documentation has been assessed
- what reasoning the decision contains
- what time limits apply
- and the legally available alternatives
Where appropriate: new application · recurso administrativo (administrative appeal) · judicial review.
First, understand the decision. Then, decide what to do.
The Garzalex approach
- 01AssessWe analyse the applicant and the project.
- 02StructureWe design the legal and business strategy.
- 03PrepareWe build the documentation and the file.
- 04ApplyWe handle the application.
- 05MonitorWe follow the procedure.
- 06ContinueWe stay with you through renewal and as the project evolves.
The Garzalex view
A business plan should not only describe what you want to build.
It should show why it can work.
Your business may start with an idea. Your residence should start with a strategy.
Temporary residence and self-employment · General Regime.
Analyse your project