Entrepreneurial Support Act of 27 September 2013 (Ley14/2013)- Entrepreneurs
The 14/2013 Spanish Law ofSupport for Entrepreneurs and their Internationalization came into force on 28 September 2013. The aim is to encourage the entrepreneurship, to create a propitious environment to conduct an economic activity and to make easier the entry of foreign investment and talent all for the final purpose of promoting the economic growth and the employment creation.
The entrance and the stay in Spain for the foreigners who want to come into or to reside, or those who already reside in Spain will be easier, for economic reasons, if they prove to be:
c) Highly qualified professionals
e) Workers who carry to intra-company transfers within the same undertaking or group of undertaking.
1- Information for migrantentrepreneurs
If you are a non-EU national willing to start up an innovative business of particular economic interest in Spain, you can take advantage of the Spanish migration scheme for entrepreneurs.
There are two options:
– A startup visa, if you are outside of Spain and you need to come to Spain to make the necessary preparatory arrangements to do business here.
– A residence permit, if you are currently in Spain and can set up the business.
There are neither minimum capital requirements nor a minimum number of jobs to create. The Spanish system is based on a case by case analyses. For this reason, business plans are required to know if the activity has a special economic interest for Spain or not.
2- Who has to apply for the visa or residence permit?
The entrepreneur or his/her legal representative must apply for the visa or residence permit via the application form.
3- Where can I apply for it?
-Visa applications must be made at the Spanish Consulate in the country of origin or residence. Residence permit applications must be made at the Large Business and Strategic Groups Unit (Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE)).
4-How long does the permit last?
- Visa: 1 year
- Residence permit: 2 years
- Renewal of the residence permit: other 2 years.
5- How is the project assessed?
The case by case analyses is based on the decision made by business experts. The Directorate-General for International Trade and Investments (DGCOMINVER) is in charge of assessing the activity.
To know if the activity has a special economic interest for Spain, several elements are taken into account:
1. The applicant’s professional profile, his/her training and professional experience as well as his/her involvement in the project.
2. The business plan, including at least the following aspects:
-Description of the project: business activity to be performed, start-up date, location, planned legal form of the company, potential economic impact of the investment, description of the estimated number of jobs that may be created and their duties and qualification, planned promotion activities and sales strategy.
-Description of the product or service: the description shall be detailed and include the innovative aspects.
-Market analysis: assessment of the market and expected evolution, description of the possible competitors, assessment of potential consumers and analysis of supply and demand. Financing: investment required, sources of financing and financial plan.
3. The added value for the Spanish economy.
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