As followers of the Costaluz Lawyers blog section will know, getting a non-lucrative visa is challenging if you’re under retirement age.
In fact, we’ve noticed that Spanish Consulates are now reluctant to approve any applications from non-EEA nationals who are of working age. However, if you do have a non-lucrative residence permit, it is possible to convert it into a self-employed visa in Spain.
If you like the sound of the idea of working for yourself in Spain and wish to change your non-lucrative permit into a self-employed residence option, read on.
About non-lucrative residence permits
But first, a bit of background. As you’ll be aware, a non-lucrative residence permit is valid for one year in the first instance. The clock starts ticking on that year when you enter Spain and after 12 months, you need to renew it or convert it into another sort of residence permit.
Converting from non-lucrative to self-employed
In general terms, holders of non-lucrative residence permits are not allowed to work in Spain. As a result, if you want to set up a business or become self-employed, you need to swap permits.
Broadly speaking, the requirements are similar to those for a self-employed visa. They include:
Proof of qualifications
Your application must include details of your professional background (e.g. qualifications and/or experience) that show you are apt for the business activity you plan to set up. In addition, if you’re planning to set up within a sector such as law, architecture or medicine, you need to show proof that you have registered with the appropriate professional association.
A detailed business plan
You must prove that you’ve thought out what you’re going to do to earn a living. This includes a comprehensive outline of the sort of business and its projected profits. You also need to show proof that you have the funds to set it up.
If your business project involves premises, you’ll need to show proof that you have either secured them or are in the process of doing so.
You must also prove that you have sufficient funds to live on. In our experience, this step is straightforward since you have already shown proof for the non-lucrative visa.
And, of course, you must present the completed application form and there may be other required documents including proof of investment in the business and a clean criminal record.
When do I apply to convert the permit?
You have two options:
If your non-lucrative residence permit is the first you have received, you must apply within 60 days of its expiry date. OR,
If you have already renewed your non-lucrative residence permit, you may apply at any time.
Do I have to leave Spain to change the permit?
No, you don’t. Instead, you apply to the corresponding National Police Station or Immigration Authorities in your province in Spain.
How easy is it to convert a non-lucrative permit to a self-employed permit?
In our experience, the procedure is relatively straightforward because you already have a Spanish residence permit. However, there is one proviso (that goes for all applications); you must have all the paperwork in place and a business plan prepared for your self-employed venture.
How long does the process take?
The authorities have three months to make a decision.
What happens after a self-employed residence permit is approved?
You must register with the Spanish Social Security and apply for a residence card. And of course, you need to start your business activity!
If you’d like to pursue this option, get in touch with our immigration experts for a non-obligatory chat about how we can help you make a successful application for the first-time round.