Contenu connexe

Similaire à Spain Entrepreneur Visa for American Expats(20)


Spain Entrepreneur Visa for American Expats

  2. The following slides with take you through each step and provide samples of completed documents. STEP 1 Locate your local Spanish Trade Office. 01 STEP 2 Submit your business plan to your local Spanish Trade Office and other required documents. 02 STEP 3 Book your appointment with the assigned Spanish Consulate office for your state. 03 STEP 4 Process the your apostille background check. 04 8 EASY STEPS TO APPLY FOR THE ENTREPRENEUR VISA 2
  3. 8 STEPS TO OBTAIN THE ENTREPRENEUR VISA STEP 5 Enroll in health insurance that meets at least the minimum visa requirements. 05 STEP 6 Obtain proof of finances. You will need to provide bank statements and tax returns. 06 STEP 7 Get exact money order for the application. 07 STEP 8 Deliver your required documents, passport, money order and passport photo to the Spanish Consulate during your scheduled appointment. 08 3
  4. BACKGROUND OF THE ENTREPRENEUR VISA The Spanish government has been working on improving the unemployment situation in Spain and has made obtaining a second residency in the country rather easy (if you can help them create innovative jobs for their citizens). Spain is still trying to recover from the economic downturn that started in 2008 and caused high unemployment for the country´s younger generation. So if you can start a business that creates innovative jobs for Spanish workers (or other EU citizens in Spain), they will make it easy for you to obtain the Entrepreneur´s Visa. Keep in mind, it requires ten years of residence before applying for Spanish citizenship. From there, the process can easily take two to four years. There is no “fast track” option for investors, either. It takes a business owner the same ten years as it does his or her employees on a work visa. The second catch is that Spain requires that you spend a minimum of six months a year in the country to maintain your residency. If you fail to log at least six months in Spain, your visa will be cancelled. I reasoning behind this is because if you spend more than 6 months in Spain, you need to pay taxes to Spain. Another thing to keep in mind, is that you need to submit a business report on annual activities to renew the Entrepreneur visa each year. This visa will allow you to move around the Schengen countries. After you get approved, you will be expected to setup the business entity within the first year. You will need be able to review your 1 year visa is you do not do that. IMPORTANT: Each Consulate may have a slightly different list of requirements. Editor´s note: This was written by an American Entrepreneur that successfully obtained the Entrepreneur Visa from the New York City Consulate in 2017. 4
  5. FYI - The spouse or common-law partner and any children under 18 years of age or those of legal age who cannot provide by themselves and have not constituted their own family unit and parents who are dependent, who accompany or join the foreigner, may apply jointly and simultaneously or successively for their authorization and, where appropriate, their visa. In this case, evidence must be provided of being in compliance with the requirements listed in the preceding paragraph. Not be in Spain in an irregular situation. Be over 18 years of age. Have no criminal record in Spain or in the countries where they have resided for the past five years, for offenses defined in the relevant Spanish legislation. Not be subject to an alert issued for the purposes of refusing entry in the territorial space of countries with which Spain has signed an agreement in this regard. Have a public or private health insurance policy with an insurance company authorized to operate in Spain. If you do not have one, we we help you select one. Before investing the time with this process, make sure you meet this minimum criteria. 5 BEFORE YOU START
  6. Here was the time line for my successful visa process June 14, 2017 Submitted my business plan to the Spanish Trade Commission Office in New York City July 21, 2017 Received Business Plan approval letter from the Spanish Trade Commission August 2, 2017 Submitted Application and Business Plan approval letter to New York City Consulate October 20, 2017 Received phone call from the New York Consulate that my visa was ready to be picked up. STARTED THE PROCESS Business Plan Approval – Took 38 days Application Approval – Took 80 days 6 APROVAL TIME LINE
  7. STEP 1: Locate Your Local Spanish Trade Office All Entrepreneur Visa´s require a business plan to be presented to the Spanish Trade Office in the US first before going to the Spanish Consulate and submitting your application along with required documents. Your business plan needs to be submitted to the Spanish Commercial office. The Spanish Trade Office will submit the business plan to Madrid, Spain for you. When Spain reviews your business plan, they will be mostly be concerned about the amount of full time jobs your business could create for their citizen of Spain. Find out where the closest Trade Commission of Spain office is to your current residence (locations listed below). TRADE COMMISSION OF SPAIN IN CHICAGO 500 N Michigan Ave suite 1500, Chicago, IL 60611 Phone: (312) 644-1154 NYILCA FL DC TRADE COMMISSION OF SPAIN IN LOS ANGELES 1900 Avenue of the Stars, Suite 2430, Los Angeles, CA 90067 Phone: 310-277-5125 x 110 Joaquim Frigols TRADE COMMISSION OF SPAIN IN NEW YORK 405 Lexington Ave, 44th Floor, New York, NY 10174 (+1) 212-6614959, ext 312 Jose Rosello TRADE COMMISSION OF SPAIN IN MIAMI Cultural Industries and Services. 2655 Le Jeune Road,Suite 1114, Coral Gables FL 33134 Phone: (305) 446-4387 TRADE COMMISSION OF SPAIN IN DC Cultural Industries and Services. Avenida Pennsylvania Avenue, NW, 2375, Washington 20037- 1736 Phone: (202) 7282368 Source: 7
  8. ID or passport Proof of sufficient funds to support the applicant and members of his/her family during residence in Spain. The business plan of the project, specifically: the professional profile of the applicants, the type of business activity, the number of jobs that will be created, financial projections, the features and qualifications required for each, where the project will be set up (geographical area) and how much the investment will be. You can follow this appendix: dez/mjuy/~edisp/dax2013252351.pdf. (preview of document on the next slide) Last 3 years of your tax return. Last 3 monthly statements of the bank account. (you can use the same docs than for the proof of sufficient funds stated above). Your professional resume STEP 2: Submitting Business Plan & Documents to the Trade Commission of Spain Your business or entrepreneurial activity must be deemed to be innovative with special economic interest for Spain. What that means is your business will help create jobs in Spain and have a positive impact on unemployment. They will also evaluate your professional profile, the business plan and the value you would add to the Spanish economy, innovation and potential investment opportunity. 8 The required documentation to submit along the business plan are:
  9. TRANSLATED INTO SPANISH (RESIDENCE PERMIT AND A WORK PERMIT AS AN ENTREPRENEUR) Business Plan Summary 1. THE PROJECT Name and brief description of the business Location an opportunity Starting date Registration details (type of corporate entity) Number of employees Quantification of estimated investment and financial resources Permits and/or licences and status of the registration process if necessary 2. THE FOUNDERS Entrepreneur’s details Personal data and brief résumé Professional qualifications and membership to professional associations, if any Personal economic and financial situation (income, expenses, personal assets, equity) Future involvement in the project 3. PROJECT/SERVICE DESCRIPTION Description of the product and/or service Innovation elements and competitive value 4. BUSINESS DESCRIPTION Business plan description(if any) Major costs Main suppliers and contracts Description of facilities, necessary equipment and premises arrangements (buy/lease) Comparison with other companies of the sector 5. MARKET ANALYSIS General overview, expected evolution Current and potential customers Competitors Offer/demand analysis DISCLAIMER The above statements, with the exception of any involuntary error or omission, constitute INVEST IN SPAIN’s opinion on the matter in question, to the best of our knowledge and belief. INVEST IN SPAIN does not accept liability for any indirect or consequential loss or damage arising from or in relation to the use of this information. 6. COMMERCIAL PLAN Sales strategy, pricing, distribution channels, etc. Promotion, advertising, etc. 7. ORGANISATION AND PERSONNEL Staff Qualifications and experience Training programs Necessary external services 8. REQUIRED INVESTMENT Required start-up investment: expenses details and amounts (land, property, facilities, vehicles, tools, furniture, rental lease cost, patents, trade mark, financial deposits, registration costs, funds provision, etc), suppliers and operations planning Current assets: inventory, accounts receivable, payment terms 9. FINANCIAL PLAN Finance required Planned financial tools: capital increase, subsidies, credits, suppliers deferred payment, etc. Cash flow forecast 10.PROFIT AND LOSS FORECAST Expected sales (volume and prices) and expenses, three years forecast Forecast explanation 11.APPENDIX Supporting documentation such as press articles, acknowledgments, prizes, etc. This is the required outline for your business plan. I was not required to submit it in Spanish when I emailed it to the Trade of Spain in New York City. But this may very for each Trade Office located in the United States. STEP 2 (continued): Submitting Business Plan & Documents to the Trade Commission of Spain 9
  10. STEP 3: Book Consulate Appointment Find your local consulate The Spanish government has 9 different Consulates in the United States. They provide a number of legal and administrative services with effect in Spain. These Spanish Consulates are located in Boston, Chicago, Houston, Los Angeles, Miami, New York, and San Francisco, Washington D.C., and Puerto Rico. Each state is assigned to one of these locations. You need to book your appointment 1 month in advance, since they are booked up to 4 weeks out. Source: consulates/Paginas/default.aspx 10
  11. STEP 4: Process Background Check The process to get a FBI criminal background check will take about 1 week and cost about $60. You can´t just use any backgound check service. It needs to be an approved Apostile Background check. I used Accurate Biometrics as our FBI channeler. You can select your channeler here: Use this link if you want to use the same channeler I used: Steps to follow: Get 2 sets of fingerprints on FBI standard fingerprint form. I recommend just going to any police station and having them finger print you. You can also do the fingerprint yourself with a black stamp pad - The sections on the fingerprint form labeled "Signature of Official Taking Fingerprints" and "Your No." boxes can be left blank. Fill out order form with Biometrics. Select Option 1 as the preferred method of sending your report. Fill out the credit card authorization form. Enter $50 as total amount to be billed. Send all 3 documents to your FBI channeler of choice. If you used Accurate Biometrics, they will email you a link to download your comleted background check. Here is a sample of the final Apostille background check that needs to be submitted. 11
  12. STEP 5: Enroll in Health Insurance As of January 2019, health insurance for extended stay visas must contain the following minimum requirements: 1. Minimum medical coverage of 30,000 euros (or its equivalent in USD) 2. Coverage must be valid in all Schengen States 3. Zero euro (or zero dollar) deductible 4. No co-payments 5. Repatriation benefits (to cover transport of your body back to the US should you die while in Spain). These requirements must be expressly stated in your declaration of coverage. You’ll provide that declaration to the consulate as part of your application documents during your appointment. You’ll need one declaration of coverage letter for each applicant on your application or one letter only that expressly states each applicant’s name. Tip: Ask the provider to issue you a copy of your declaration of coverage letter in Spanish and you’ll save yourself a page of translation fees. I used Tokio for health insurance: The registration was really easy and you can cancel if you ended up deciding to go with a different insurance later after you get approved. 12
  13. STEP 6: Proof of Finances The next step is to show proof you make over $25,000 a year. You will prove this by showing tax returns and bank statements. You need to provide your last 3 tax returns and last 3 monthly bank statements. Some consulates require tax returns as well. 13
  14. STEP 7: Get a Money Order for Application Fee Make sure to go to the post office and get a money order for $281 to include with the paperwork you submit. Every consulate seems to have different fee and requirements. So you might show up with the money order for $281 and they might tell you it´s a different amount that is not listed on the fees. You can´t pay it in cash. 14
  15. STEP 8: Complete Application The main visa form is called the Application for a National Visa. This is a form you need to attach your passport photo to. For the “postal address in Spain” section, I know this is confusing that they expect you to have signed a lease already for where you´ll be living. You can put down your temporary AirBNB address. On page 2, I only completed section 20, 21 and 23. On page 5, for place and date, I just listed my current US address. QUESTION YOU MAY HAVE: What is the maximum number of people that can be listed on a business plan for the business visa? It depends on the specific project and on the profiles of each of the applicants. If it makes sense that more people are in the project, then it is possible that more get their visa. It is important that all of them are moreover shareholders of the future Spanish company. 15
  16. QUESTION YOU MAY HAVE: If the applicants on an Entrepreneurs Visa application have children, what is the process to provide visas for them? They can apply for their visa at the same time of the main applicant. They will need to provide the following documents: sEmpresas/ley14_2013/documentacion/document os_ingles/familiares_ingles.pdf Do the children need to be present during any part of the process when obtaining their visas? If the children are abroad, the first thing is applying for the visa. If they are already in Spain, they should apply for the residence authorization. I do not know if this answers this question. 3 26. Data of the educational establishment or research centre in case of applying for a student or research visa Name of the educational establishment or research centre Telephone of the educational establishment or research centreAddress of the educational establishment or research centre E-mail address of the educational establishment or research centre Intended date of start of studies or research Intended date of end of studies or research In case of temporary stay of children with the purpose of studying in Spain within the framework of a program of a Public Administration, a non-profit organisation or a charity or other establishment or persons who do not hold their parental authorities/are not their legal guardians: Surname (Family name) and first name(s) (Given name(s)) of the person responsible or name of the organisation and surname (Family name) and first name(s) (Given name(s)) of the contact person in the organisation Telephone of the person responsible or organisationAddress of the person responsible or organisation E-mail address of the person responsible or organisation Spanish Alien’s Identity Number (NIE) or number of the Spanish National Identity Card (DNI) of the person responsible or of the contact person in the organisation I am aware of and consent to the following: the collection of the data required by this application form and the taking of my photograph are mandatory for the examination of the visa application. Any personal data concerning me which appear on the visa application form, as well as my photograph, will be supplied to the relevant authorities and processed by those authorities, for the purposes of a decision on my visa application. Such data as well as data concerning the decision taken on my application will be entered into, and stored in a database. The controller is the Consular Post at which the visa was applied for. Data shall be accessible to the visa authorities and the authorities competent for carrying out checks on visas at external borders and in Spain, immigration and asylum authorities for the purposes of verifying whether the conditions for the legal entry into, stay and residence on the territory of Spain are fulfilled, of identifying persons who do not or who no longer fulfil these conditions, of examining an asylum application and of determining responsibility for such examination. I am aware that I have the rights of access, correction and deletion of personal data relating to me and the right to object to the processing thereof, pursuant to the provisions contained in the Ley Orgánica 15/1999, de 13 de diciembre, de Protección de Datos de Carácter Personal, by addressing a request to the Dirección General de Asuntos y Asistencia Consulares of the Ministry of Foreign Affairs and Coopeartion; calle Ruiz de Alarcón 5, 20871 – Madrid (Spain). 4 I declare that to the best of my knowledge all particulars supplied by me are correct and complete. I am aware that any false statements shall lead to my application being rejected or to the annulment of a visa already granted. I am aware that once the visa request has been submitted, a copy of the form, sealed with the indication of the date and place of reception, shall be returned to the applicant and that arrangements can be made with the applicant as to the channel to request corrections or the supply of documents or certificates, as well as to serve notice of summons and to notify the decision adopted in due course. Notices and requests shall be served by telephone or fax to the contact number provided by the interested party or his/her legal representative. If they were to prove ineffective, they shall be served in writing to the domicile set out in the application, which must be located within the consular district. Summons and requests served must be complied with within a period not exceeding ten days, unless personal attendance is required in which case the deadline is fifteen days. Once all the possibilities of serving a notice have been exhausted, the notice shall be served by means of an announcement posted at the relevant notice board of the Embassy or Consulate during ten days. If no reply is received to a request or summons, the applicant shall be deemed to have withdrawn his request and the resolution establishing this to be the case shall be notified to him. Decisions on a visa application shall be notified within one month of the date of the lodging of an application, except for residence visas without work permit. In this case, decisions shall be notified within three months, but the request for the residence authorisation that has to be issued by the competent Delegación or Subdelegación del Gobierno shall interrupt the computation of this period of time until this authorisation is notified to the Embassy or Consulate. The visa once granted must be collected within a month, unless it is a visa for family reunion or a visa for study purposes; in these cases, it must be collected before two months elapse. If a visa is not collected within the aforesaid period, the applicant shall be deemed to have renounced to the visa granted and the proceedings shall be filed. I am aware that the visa fee is not refunded if the visa is refused. 27. Place and date 28. Signature (for minors, signature of parental authority/legal guardian) STEP 8 (continued): Complete Application 16
  17. Step 8 (continued): Complete & Deliver Application Consulate of Spain in Los Angeles 5055 Wilshire Blvd, Ste 860 Los Angeles, CA 90036 Consulate of Spain in Boston 31 St James Ave #905, Boston, MA 02116 Consulate of Spain in Houston 1800 Bering Dr #660, Houston, TX 77057 Consulate of Spain in Chicago 180 Michigan Ave, #1500 Chicago, IL 60601 Consulate of Spain in Miami 2655 S Le Jeune Rd #203, Coral Gables, FL 33134 The Spanish government has Consulates across the United States. They provide a number of legal and administrative services with effect in Spain. Our Consulates General are located in Boston, Chicago, Houston, Los Angeles, Miami, New York, and San Francisco, Washington D.C., and Puerto Rico. Bring the following original documents (plus 1 copy), which won´t be returned: 1. Your approved business plan letter from the Spanish commercial office 2. 2 copies of the National Visa Application forms 3. 2 passport photos (2x2 inches) taken within the last 6 months 4. Passport valid for a minimum of one year and with at least two blank pages to affix the visa. 5. Apostille background check certificate 6. Proof of financial means 7. Money order 8. Health Insurance coverage 9. Last 3 bank statements & tax returns. Consulate of Spain in Puerto Rico 2 Juan Ponce de León Ave, San Juan, 00917, Puerto Rico Consulate of Spain in San Fran. 1405 Sutter St, San Francisco, CA 94109 Consulate of Spain in DC 2375 Pennsylvania Ave NW Washington, DC 20037 Consulate of Spain in New York 150 E 58th Street, Floor 30 New York, NY 10155 17
  18. IMPORTANT: Please consult a lawyer and accountant to help guide you though this process. Please submit your feedback by going to Let us know how we can improve this material