I have seen a number of posts talking about changing the non-lucrative visa known as the NLV to allow someone from a non EU country to be able to be self-employed or autonomo as it’s called here in Spain.
Just a little background, post Brexit UK citizens do not have the automatic right to work in Spain as employees or self employed.
You can apply to change your non lucrative visa into autonomo so you can be self employed here in Spain after you’ve been here a year.
You can also apply for a self employed visa from your home country for example the United Kingdom before you come to Spain.
In both circumstances, the procedure and prospects of having the application accepted are the same. So being here in Spain with the non lucrative visa doesn’t give you an advantage.
What are the rules and requirements for a self employed visa? Well, it’s at the discretion of the Spanish authorities, there is no set amount you need to invest or a number of employees you need to employ.
You need to present a project showing how much you intend to invest and over what time frame and if applicable how many staff you intend to employ and if you intend to buy or rent the property in Spain.
Then one of the local organisations who operate in a particular sector have to submit a report stating that your project is feasible. So for example if you plan to open a bar in say Malaga in 2022 then the bar and restaurant owner’s official association or any other similar characteristic, local organisations would submit the report.
As always this isn’t legal advice. Remember the digital nomad visa isn’t in force yet and is only at an early consultation stage, it has yet to go before Parliament. Also, you can not work, even remotely if you are here on the non lucrative visa. To be an employee your prospective employer has to show that there isn’t anyone in the EU who can do the job.
We can help with all your visa requirements including the golden visa and buying your home in Spain, just don’t sign or pay anything until you’ve had advice from us. We have a properly qualified tax advisor and accountant.
Marisa Moreno Castillo Senior lawyer at Just Law Solicitors and Consul for Denmark.
Malaga – Fuengirola – Marbella
Since 1992 www.justlawsolicitors.com