ENTREPENEUR VISAS VS SELF EMPLOYED

 

In recent years, Spain has positioned itself as a highly attractive destination for foreign professionals and entrepreneurs seeking to establish a business or develop a professional activity within the European Union. With a favorable climate, a growing tech ecosystem, and competitive living costs, the country has become a popular choice for international talent.

 

However, one of the first questions prospective entrepreneurs face is: Which legal path should I take to live and work in Spain?

 

There are two main residence options for non-EU nationals who wish to start a business: the Entrepreneur Visa (under Law 14/2013, commonly referred to as the Startup Visa) and the Self-Employed Work Authorization (permiso de trabajo por cuenta propia, often known as the Autónomo Visa).

 

While both allow for business activity in Spain, they are governed by different legal frameworks, have distinct application procedures, and are aimed at different types of economic projects. Understanding the nuances between these two permits is essential for making the right decision and avoiding administrative pitfalls.

 

This article provides a clear comparison between the Entrepreneur Visa and the Self-Employed Visa—highlighting their legal foundations, requirements, benefits, and strategic considerations for foreign nationals looking to settle and work in Spain.

 

Startup Visa vs. Self-Employed Visa in Spain: Understanding the Legal Pathways

 

Legal Frameworks: Two Distinct Regimes

 

The Entrepreneur Visa is regulated under Law 14/2013, of 27 September, on support for entrepreneurs and their internationalization (commonly known as the Ley de Emprendedores). This law was designed to attract international talent and investment, creating a fast-track residence and work permit for non-EU nationals with innovative business projects of special economic interest to Spain.

 

In contrast, the Self-Employed Work Authorization falls under the general immigration framework: Organic Law 4/2000 (on the rights and freedoms of foreigners in Spain) and its implementing regulation (Royal Decree 557/2011, also known as the Reglamento de Extranjería). This type of authorization is intended for individuals who wish to carry out a professional activity on their own account, without the requirement of innovation or technological contribution.

 

Family Reunification and Duration

Both permits allow for family members to accompany or join the applicant. Under the Entrepreneur Visa, family members can apply simultaneously and receive authorization to reside and work. Under the Self-Employed regime, family reunification is subject to stricter timelines, usually requiring a minimum of one year of legal residence before initiating the process (Article 56, R.D. 557/2011).

Both authorizations are typically granted for two years initially, renewable for additional periods provided the requirements continue to be met.