SPAIN PASSES THE 'ENTREPRENEURS' LAW´ TO GRANT RESIDENCE PERMITS TO FOREIGNERS
SPAIN PASSES THE 'ENTREPRENEURS' LAW´ TO GRANT RESIDENCE PERMITS TO FOREIGNERS
Entrepreneur Visa. The Spanish Government has passed the law governing the commonly known as 'Entrepreneur Visa', which already exists in Canada, the United Kingdom or Chile. Any foreigner starting a business in Spain shall be eligible for this one-year-minimum special residence permit.
2nd Section. International mobility.
CHAPTER I
Entry and residence permit granting.
Section 61. Entry and residence in Spain for economic reasons.
1. Foreigners planning to enter Spain or to become Spanish residents, or those already residing in Spain, shall have their entry and residence in Spanish territory granted based on economic reasons, pursuant to the provisions of this Section. The interested party shall prove to be a(n):
a) Investor
b) Business entrepreneur
c) Highly skilled worker
d) Researcher
e) Employee changing their job position within the same company or company group
2. The provisions of this section shall not be applied to European Union Citizens and those foreigners holding European Union free movement and residence rights
Section 62. Stay or residence general requirements.
1. Notwithstanding the obligations to comply with the specific requirements of any Visa or authorization, eligible foreigners under the provisions of this section shall comply with the requirements of the Regulation (EC) 56/2006, of March 15th, to be granted a three month maximum stay. The aforementioned Regulation establishes a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code).
2. In the cases of Stay Visas, the additional requirements of the Regulation (EC) 810/2009, European Union Visa Code Regulation, of July 13th, shall be also fulfilled.
3. In the cases of Residence Visas according to the Regulation (EU) 265/2010, amending the Convention Implementing the Schengen Agreement and Regulation (EC) No. 562/2006 as regards movement of persons with a long-stay visa, as well as residence permits, the applicant shall prove the compliance of the following requirements:
a) Not staying illegally in Spanish territory
b) Being of legal age
c) Not having, in Spain or in any of the countries where the applicant has lived during the last five years, any criminal record of any offence considered a crime according to the Spanish Law
d) Not being registered as non-acceptable in the territorial space of countries with which Spain has signed an agreement in such sense
e) Having a health insurance, public or private, with a health service provider authorized to operate in Spain
f) Having economic resources to provide for him/herself and his/her family during their stay in Spain
g) Paying the permit or visa fee
4. The applicant's spouse, children under 18, or children of legal age depending of the applicant due to health disabilities, which plan to reunificate or move to Spain with the applicant, according to the provisions of the paragraph 1, section 61, shall apply jointly and at one or different times, for the Residence Permit or the corresponding Visa. The requirements mentioned in the above paragraph shall be fulfilled for this purpose.