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lunes, 03 de agosto de 2020

 

 

 

 

   Law to support entrepreneurs and their Internationalization

 


From Marti Projects real estate agency in Teulada Alicante we want to inform you of obtaining a residence permit for the purchase of a home or for the implementation of a business activity in Spain.

The Law for obtaining a residence card in Europe for the purchase of a home in Spain establishes the possibility of obtaining Spanish residence for foreigners who can make an investment for the purchase of a home or other property starting at 500,000 euros, Marti Projects offers its clients a professional team of consultants who advise and give legal coverage when buying a home in Spain.

The Law is aimed at investors, entrepreneurs, highly qualified professionals, researchers and workers who carry out intra-business movements, as well as spouses and children under the age of 18.

The residence visa issued under this Law constitutes sufficient title to reside in Spain for one year without the need to process the foreigner,s identity card.

The renewal of the residence may be carried out even when there are absences of more than six months per year in the case of residence visas and authorizations for foreign investors or foreign workers of companies that, carrying out activities abroad, have established their base of operations in Spain.

 

                                                          GENERAL REQUIREMENTS:

 

Not be irregularly on Spanish soil.

Being over 18 years.

Lacking a criminal record in Spain and in the countries where he has resided in the last 5 years, for crimes provided for in the Spanish legal system.

Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.

Having public insurance or private health insurance arranged with an insurance company authorized to operate in Spain.

Have sufficient financial resources for themselves and for their family members during their period of residence in Spain (€ 2,130 per month for the interested party and € 532 for each relative in their care).

Pay the fee for processing the visa.

It is important to note that the possibility of processing the residence visa extends to the spouse and children under 18 years of age, or of legal age who are not able to provide for their own needs due to their state of health.

The presence of the visa applicant is not required, they can request and collect the residence visa through a duly accredited representative.

The assumptions of residence visas referred to in this Law in the case of real estate investment are:

- Residence Visa for Acquisition of Real Estate (RIV).

Foreigners who prove the acquisition of real estate in Spain with an investment equal to or greater than € 500,000 may apply for this visa.

In addition to the requirements established in general, the applicant must prove that they have acquired the property of the real estate by means of certification with continuous information on the domain and charges of the Property Registry that corresponds to the property.

Said certification must be issued within 90 days prior to the presentation of the residence visa application. If at the time of the visa application the acquisition of the real estate is in the process of being registered in the Property Registry, the presentation of the certification in which the entry for the presentation of the acquisition document is valid, accompanied by the supporting documentation of the payment of the corresponding taxes.

The applicant must prove having an investment in real estate of € 500,000 free of any charge or encumbrance. The part of the investment that exceeds the required amount may be subject to charge or tax.

- Residence Visa for Entrepreneurs and Business Activity (REM).

Under this assumption there is room for both investors who present a business project that is going to be developed in Spain and that is considered and accredited as of general interest, and those who plan to enter and stay in Spain for a period of one year in order to sole or main to carry out the previous procedures to develop an entrepreneurial activity.

In the first case, the interested party must submit a favorable report from the Commercial Office in the area of ??geographical demarcation where the investor submits the visa application, to verify that reasons of general interest concur in the business project presented.

It should be borne in mind that a significant capital investment is admissible when the investment is made by a legal entity, domiciled in a territory that is not considered a tax haven under Spanish regulations, and the foreigner owns directly or indirectly, the majority of voting rights and has the power to appoint or remove the majority of the members of its administrative body.

In the case of Entrepreneurs, an entrepreneurial activity will be understood as one that is innovative in nature with special interest for Spain and for this purpose has a favorable report from the Commercial Office where the investor submits the visa application.

 

SUMMARY OF THE ARTICLES OF THE LAW

Section 2. ª International mobility

CHAPTER I

Facilitation of entry and permanence

 

 Article 62. General requirements for stay or residence.

  1 . Without prejudice to the accreditation of the specific requirements established for each visa or authorization, foreigners referred to in this section must meet, for stays not exceeding three months, the entry conditions provided in Regulation (EC) 562 / 2006, of 15 March, establishing a Community Code of standards for the crossing of people across borders (Schengen Borders Code).

 2 .a) Not being irregularly in Spanish territory.


3 . b) Be over 18 years old.


 4 . c) Lacking a criminal record in Spain and in the countries where he has resided for the last five years, for crimes provided for in the Spanish legal system.


 5 . d) Not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.


 6 . e) Have public insurance or private health insurance arranged with an insurance company authorized to operate in Spain.


 7 . f) Have sufficient financial resources for themselves and for their family members during their period of residence in Spain.


 8 . g) Pay the fee for processing the authorization or visa.


 9 . The spouse and children under the age of 18, or of legal age who are not objectively capable of providing for their own needs due to their state of health, who meet or accompany the foreigners listed in section 1 of article 61, may request , jointly and simultaneously or successively, the authorization and, where appropriate, the visa. For this, the fulfillment of the requirements established in the previous section must be accredited.


 10 . The provisions of this Law shall be understood without prejudice to the compliance, by the obligated subjects, of the obligations established in Law 10/2010, of April 28, on the prevention of money laundering and the financing of terrorism and tax obligations. or corresponding Social Security.

 


CHAPTER II

Investors

 

  Article 63. Residence visa for investors.

  1 . Non-resident foreigners who intend to enter Spanish territory in order to make a significant capital                     investment may apply for a residence visa, or, where appropriate, a residence for investors.

  2 . A significant capital investment shall be understood as one that meets one of the following assumptions:

  3 . b) The acquisition of real estate in Spain with an investment value equal to or greater than 500,000 euros         for each applicant.

  4 . c) A business project that is going to be developed in Spain and that is considered and accredited as of              general interest, for which compliance with at least one of the following conditions will be assessed:

  5 . º Creation of jobs.

  6 . º Carrying out an investment with a relevant socio-economic impact in the geographical area in which the          activity is to be carried out.

  7 . º Relevant contribution to scientific and / or technological innovation.

  8. It will also be understood that the foreigner requesting the visa has made a significant capital investment          when the investment is made by a legal entity, domiciled in a territory that is not considered a tax haven            according to Spanish regulations, and the foreigner has, Directly or indirectly, the majority of its voting              rights and has the power to appoint or remove the majority of the members of its administrative body.


   Article 64. Form of accreditation of the investment.

For the granting of the residence visa for investors it will be necessary to meet the following requirements:

   1 . b) In the case provided for in letter b) of section 2 of article 63, the applicant must prove that they have                acquired the ownership of the real estate by means of certification with continuous information on the                domain and charges of the Property Registry corresponding to the real estate or real estate. The                        certification will incorporate an electronic verification code for online consultation.


If at the time of the visa application, the acquisition of the real estate is in the process of being registered in the Property Registry, the presentation of the aforementioned certification in which the entry for the presentation of the acquisition document is valid, will suffice, accompanied by supporting documentation of the payment of the corresponding taxes.

The applicant must prove having an investment in real estate of 500,000 euros free of any charge or encumbrance. The part of the investment that exceeds the required amount may be subject to charge or tax.

  1 . c) In the case provided for in letter c) of section 2 of article 63, a favorable report must be submitted to                 verify that reasons of general interest concur in the business project presented. The report will come                 from the Economic and Commercial Office of the geographical demarcation area where the investor                   submits the visa application.


  Article 65. Effects of the residence visa for investors.

The granting of a residence visa for investors will constitute sufficient title to reside in Spain for at least one year.

  Article 66. Residence authorization for investors.

  1 . Foreign investors who wish to reside in Spain for a period of more than one year, may be provided with a           residence permit for investors, which will be valid throughout the national territory.


  2 . To apply for a residence permit for investors, the applicant must meet, in addition to the general                       requirements provided in article 62, the following requirements:


  3 . a) Be the holder of a valid investor residence visa or be within the period of ninety calendar days after its               expiration.


  4 . b) Have traveled to Spain at least once during the period authorized to reside.


  5 . d) In the case provided for in letter b) of section 2 of article 63, the applicant must demonstrate that the             investor owns the property or real estate for the minimum amount required in said article. For this, you             must provide the certificate or certificates of ownership of the Property Registry that corresponds to the             property or properties and must be dated within 90 days prior to the presentation of the application.


 6 . e) In the cases provided for in letter c) of section 2 of article 63, a favorable report must be submitted from            the General Directorate of Commerce and Investments of the Ministry of Economy and Competitiveness              to verify that the reasons of general interest initially accredited are maintained .


 7 . f) Compliance with tax and Social Security obligations.


  Article 67. Duration of the residence authorization for investors.

 1 . The initial residence authorization for investors will last two years.


 2 . Once this period has expired, foreign investors who are interested in residing in Spain for a longer period             may request the renewal of the residence permit for investors for the same period of two years.


CHAPTER III

Entrepreneurs and business activity

 

 Article 68. Entry and stay to start business activity.

    1 . Foreigners may apply for a visa to enter and stay in Spain for a period of one year with the sole or main             purpose of carrying out the previous procedures to carry out an entrepreneurial activity.


   2 . Holders of the visa provided in the previous section may access the residence situation for entrepreneurs            provided for in this Section without the need to apply for a visa and without requiring a minimum prior              period of stay, when it is justified that the effective start has previously occurred. of the business activity            for which the visa was requested.


  Article 69. Residence for entrepreneurs.

    1 . Those foreigners who apply to enter Spain or who, being holders of a residence or residence                             authorization  or visa, intend to start, develop or direct an economic activity as an entrepreneur, may be           provided with a residence authorization for business activity, which will be valid throughout the year                   national territory.


   2 . Applicants must meet the general requirements set forth in article 62 and the legal requirements                     necessary for the start of the activity, which will be established in the corresponding sector regulations.


 Article 70. Definition of entrepreneurial and business activity.

  1 . An entrepreneurial activity shall be understood as one that is innovative in nature with special economic             interest for Spain and for this purpose has a favorable report from the competent body of the General               State Administration.


  2 . For the assessment, the creation of jobs in Spain will be especially taken into account as a priority. Also, it          will take into account:


  3 . a) The professional profile of the applicant.


  4 . b) The business plan, including market, service or product analysis, and financing. 


  5 . c) The added value for the Spanish economy, innovation or investment opportunities. 


 If it is any of the aforementioned aspects it is, or may be yours, do not hesitate to contact our company.

 

 
 
 

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