With the entry into force of Law 14/2013, of September 27, on support for entrepreneurs and their internationalization, a new path of access to residence is opened for non-EU foreigners who are considered entrepreneurs and investors.
It should be noted that this new way of acquiring the stay or residence visa in Spain does NOT annul the current regulations, since it is a new procedure that is added to the existing ones.
As a novelty to the types already existing in the LOEX, the new Law is addressed to a group of foreigners called "INVESTORS" and "ENTREPRENEURS" who meet a series of requirements so that they can obtain a residence permit in Spain "without requires permanence in our national territory for a minimum period of time of six months per year". In this way and as a novelty to current labor regulations, the holders of this type of residence may be absent from the national territory for as long as they wish without this entailing the termination of the residence permit.
On the other hand, "shorter processing times" are established, both those provided for consular representations or missions in terms of the resolution of stay and residence visas and for the resolutions of the residence authorizations that will be carried out by the Unit of Large Companies and Strategic Groups, based in MadridPayment of the corresponding fees.
GENERAL REQUIREMENTS FOR ALL APPLICANTS
For all cases, compliance with some general requirements is established:
ACCOMPANYING FAMILY MEMBERS
The consideration of relatives will be taken with respect to the spouse and children under 18 years of age or older who are not objectively capable of providing for their own needs due to their state of health, and who accompany the applicant.
Said relatives may request jointly and simultaneously or successively, the authorization and, where appropriate, the visa. For them, compliance with the aforementioned general requirements will also apply and it will be necessary to prove the kinship ties by means of the corresponding certificates.
NOVELTY! As a concept of relatives. - In addition to the spouse, minor children or older children with serious illness are added, the following are added:
- Person with an emotional relationship analogous to that of a spouse: this translates into de facto couples (registered or not, it would be seen), as well as couples who, without being married, have children in common.
- Minor or adult children who are financially dependent on the applicant for the investor visa and who have not constituted a family unit by themselves.
- The ascendants dependent on the visa applicant (that is, their parents). It must be taken into account that the interpretation of ascendants "in charge" is currently very restrictive (over 65 years of age who are financially dependent on the investor visa applicant).
*IMPORTANT NOTE:
During the processing of the procedure, the Spanish consular missions or offices may require any other document they deem appropriate, in order to justify the resolution that puts an end to it.
Foreigners must maintain the conditions that gave them access to them during the validity of the visas or authorizations.
The competent bodies of the General State Administration may carry out the checks they deem appropriate to verify compliance with current legislation.
Contact
sancheztrujillo@sancheztrujillo.com
Telephone
34 93,215,88,75
Fax
34 93,215,35,79
Location
Calle Beethoven nº 13, 7-1
08021 Barcelona