On 31 December 2020 the transition period ended and the UK completed the EU exit process. This means that from 1 January 2021 onwards the UK is considered a third country by all EU states. In terms of residency, this means that anyone who wasn’t covered by the Withdrawal Agreement (anyone who wasn’t a resident in an EU state or started the process to become one before the end of 2020) will have to adapt to the new regulations in terms of immigration. In Spain, this means that UK nationals will be subject to the general regime of Immigration (Régimen General).
What is the General Immigration Regime?
The General Immigration Regime is a set of migration rules and requirements for third country nationals that wish to live in Spain. Unlike the Community Regime (directed at EU nationals), the General Regime does not grant the right to work or move to Spain based on your nationality. Instead, there is a set of visa requirements you will need to fulfill in order to live in Spain. This, among other things, means you will need to specify in advance what is your intention for moving to Spain, declare that you have sufficient economic means to do so, or present an employment contract with a company based in Spain.
What is an entrepreneur visa?
The entrepreneur and investors visa is aimed at investors with a business project intended to be carried out in Spain, and at investors who are intending to enter and remain in Spain for at least one year to set up a business. To start your application, you can check which consular office you should attend here. The requirements to apply for the entrepreneur and investor visa are the following:
Being 18 years old or older
Not being illegally living in Spain prior the application
Being a third country national.
The visa can be applied for up to 90 days before the desired date of entry into Spain.
Meeting the requirements, the investor can be accompanied by the legal partner, children and ascendants in charge.
Before starting the process, you will need to book an appointment to your consular office. To do so, you will need to send an email to the following email address depending on where you live:
cog.londres.residencia@maec.es (London)
cog.edimburgo.vis@maec.es (Edinburgh)
cog.manchester.vis@maec.es (Manchester)
In the email, write down as subject the type of visa you are looking for (Entrepreneur and investors visa). On the body of the email, specify the following information:
Your personal details: full name, nationality, passport number and phone number.
Type of visa
Reason of requesting the visa.
Desired date of the appointment you wish to book the appointment (the consular offices only are open for these processes on Tuesdays and Thursdays, from 09:30 to 12:00), to be confirmed by the consular office.
The final date and time will be confirmed via email by the consulate. The process will be individual, so each family member that wants to apply for the visa will require a separate appointment. Applications can be done through a notarised representative. The entrepreneur visa can be applied for up to 90 days before the desired date of entry into Spain.
After obtaining the appointment, and if you comply with the requirements, you will have to provide the following documents to the consular office:
Completed national visa form (dated and signed)
Recent ID photograph (white background). Check guidelines here.
Valid Passport (at least 1 full year of validity and 2 blank pages), copy of all pages.
Criminal record (only if 18+) issued by the country/es where the applicant has lived for the past 5 years. The certificate must be legalised.
Health insurance (public or private), authorised in Spain, with a minimum validity of one year.
Pay the visa application fee in the consulate the day of your application. You can consult the different visa fees through this link.
Also, you will need to provide proof of sufficient financial means, which can be:
Main applicant: bank statements (originals and stamped by bank) showing at least a monthly income of the 100% IPREM (600 euros)
Up to 2 family members: monthly income of 150% of IPREM per family unit; 50% IPREM for each additional family member
Accreditation of the investment
Depending on the type of visa you are requesting, you will have to provide one of the following documents:
Entrepreneurs
Favourable report issued by the Economic and Commercial Office of the area in which the investor files the visa application.
Investors:
Favourable report, issued by the Economic and Commercial Office of the area in which the investor files the visa application, confirming that the business plan is of general interest.
A foreign national applying for a visa will likewise be understood to have made a significant capital investment when the investment is made by a legal person established in a territory that is not considered a tax haven under Spanish law, and in which the foreign national directly or indirectly holds a majority of the voting rights and has the powers to appoint or remove a majority of the members of the board. The investor is allowed to appoint a representative for adequate management of the project. The representative can apply for a residence visa for investors in compliance with the established criteria.
Family members
In the case of spouses or civil partners, you will also have to submit the following documents:
Marriage of civil partnership certificate
Birth or adoption certificate that proves family bond
These documents need to be legalised through the consular representations of the issuing country or apostilled with the Hague apostille.
Resolution
Once you present all documents, the notification period can take up to 3 months counting from the next day of the presentation. If approved, you will have two months after the notification to pick it up.
After obtaining the visa, the applicant has one month from the date of entry into Spain, to apply for the TIE/residency card (Tarjeta de Identidad de Extranjero) at the Immigration Office or Police Station.
Applying for the TIE
To request the TIE it is necessary to make an appointment online with the Oficina de Extranjeros -cita previa-, which can be done by clicking this link.
Select the province where you live and the option “Policia-Toma de Huellas (Expedición de tarjeta) y Renovación de Tarjeta de larga duración” -Trámites Cuerpo Nacional de Policía tab-, and follow the further instructions. Completing this process will arrange an appointment at an Immigration Office or your local Police Station for a specific date and time.
Once the appointment is arranged, you will need to provide the following documents:
Filled Model EX-17 form (original and copy)
Passport (original and copy) with the Visa attached
Passport-size photograph 32x26 (ID photograph)
Padrón original and copy, issued within the last 3 months.
In the case the police don't inform you about how to pick up your new TIE, you will be able to pick up your card by booking an appointment here. Select the province where you live and the option “Policia-Recogida Tarjeta de Identidad de Extranjero” -Trámites Cuerpo Nacional de Policía tab-.
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