Spain Entrepreneur Residence (Startup Law)

Spain's entrepreneur residence permit is for founders from outside the EU who want to start, develop or run an innovative business in Spain. The Startup Law (Ley 28/2022) rewrote the route in Ley 14/2013. The current rules have applied since Dec. 23, 2022.

ENISA rates whether the business is innovative or of special economic interest for Spain. No minimum investment or job-creation requirement; the project needs a favorable report from ENISA.

The Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE), a migration unit, handles the applications. The first authorization lasts 3 years and is valid across Spain.

• Project: an activity that is innovative or of special economic interest for Spain, backed by a favorable ENISA report.
• ENISA review: the professional profile and role of the founder and of each partner; the business plan with its product or service, financing and required investment; and the value the project adds to the Spanish economy.
• Means: €2,442 a month, which is 200% of Spain's minimum wage of €1,221 a month. The first family member adds 75% of the minimum wage and each further member €305.25 a month.
• Record: no criminal record in Spain or in the countries lived in during the past two years, plus a sworn statement covering five.
• Health insurance: public or private cover with an insurer authorized to operate in Spain.
• Status: at least 18, not in Spain irregularly and not listed as refused entry by a country that has an agreement with Spain.
• Licenses: whatever the sector's rules require to start the activity.

Ley 14/2013 requires the file to cover the points below. Applicants should check UGE-CE's current checklist before filing.

• ENISA report: the favorable report on the business project.
• Business plan: the project, the product or service, the investment needed and how it will be funded.
• Founder profile: evidence of the professional background and role of the applicant and of each partner.
• Identity and record: the passport, criminal record certificates for the last two years and the sworn statement covering five.
• Insurance and means: the health insurance policy and proof of the required income or funds.
• Fee: proof of payment of the UGE-CE fee.

• UGE-CE fee: €73.26 for each initial authorization, the amount UGE-CE lists for initial Ley 14/2013 applications. It's paid online before filing on form 790, code 038.
• Visa fee: applicants abroad also pay the consulate for the residence visa.

There's no minimum investment, but the business plan must show how the project will be funded.

Online with UGE-CE, by the applicant or a legal representative, after requesting the ENISA report through ENISA's website. Applicants outside Spain file one application that starts both the authorization and the visa, then apply for the residence visa at the consulate once the authorization is granted.

• Timing: ENISA must report within 10 business days. UGE-CE must decide within 20 days of electronic filing. Silence counts as approval.
• Filing from Spain: the application keeps the applicant's current legal stay valid until the decision.
• After approval: holders of an authorization longer than six months apply for a foreigner identity card (TIE).
• Refusals: decisions must give reasons and can be challenged through an administrative appeal (recurso de alzada).

• First authorization: 3 years, valid across Spain.
• Renewal: Renewable for two years with a new ENISA report; permanent residence possible after five years.
• Late renewal: a request filed within 90 days after expiry still extends the authorization, though a penalty procedure can follow.
• Family: a spouse or partner, children under 18, financially dependent adult children and dependent parents can apply with the holder or later.

Holders must keep meeting the conditions and report any change to UGE-CE within 30 days.

Moving to Spain to carry out an ENISA-rated entrepreneurial activity qualifies for the special regime for workers relocating to Spain if the residence authorization was obtained before the move.

The regime also requires that the person wasn't tax-resident in Spain in the five years before the move.

A person who spends more than 183 days in Spain in a calendar year, counting sporadic absences, is tax-resident there. So is anyone whose main base of activities or economic interests is in Spain. The tax agency applies the status to the whole calendar year.