Spain’s Investor Visa Program
by Marla Bojorge, Bojorge and Associates, Spain

Under Spanish Immigration Law, we do not have any Investor Program to allow Immigration.  We have Employment for Hire and Self Employment.

1. EMPLOYMENT FOR HIRE:

An individual or Company who does not belong to European Union or European Economic Space but complements the requirements of article 64 of the Regulation of the LO 4/2000 approved by the RD 2393/2004 of December 30, allowing for the incorporation of Foreign Employees not a part of the European Union but employed in Spanish territory for the development of labour relations.

Secretary of State of Immigration and Emigration has been given for Foreigners whose activity is related to the residence through Business or Economy, Social or Labour, Research and Development, a Professor, anyone who has a higher Educational Degree, Performance or renowned.  If accepted, after a 5 year renewable term, the individual will be eligible to obtain permanent residency.

     1.1 Subjects:

An Individual Person or a Company established in Spain, are welcome to apply as are those

who wish to operate in a Spanish territory and employ foreign workers who are not from any

Country in the European Union but are employed for the development of a business and are

found in the following requirements:

a)       Director (Manager), or Highly Qualified Individual, whose development within the company will create employment opportunities in Spain.

b)       Highly Qualified Foreign Technicians and Scientists, including Foreign Professors

contracted to teach in a Public Spanish University, contracted within sites or organizations within the Province with the objective to promote and develop advanced research, contribute to prior research and fulfill the requirements listed in articles 41.1 a) and b) of LO 4/2000 and 68 a) and b) of the Regulation approved by the Real Decreto 2393/2004, September 30.

c)       Highly Qualified Technicians and Scientists whose coming signifies achievement of research goals or an incorporation of the activity developed in private universities or prestigious research and development institutions or in conjunction with research and development with companies established in Spain.

d)       Internationally recognized artists to carry out necessary activities and who come to Spain to fulfill performances not found within the exceptions of those authorized to work in Articles 41.1 g) of LO 4/2000 of January 11 on the rights and liberties of foreigners living in Spain and their social integration an 68.g) of the Regulation approved by the Real Decrecto 2393/2004, December 30.

e)       Which ever other requirements formed to these previously listed and follows exceptional reasons to verify the economic, social, or work-related interest previously authorized by the Secretary.

The requirements of parts a) b) and c) of the First Instruction, the Foreign Worker must have

developed these functions for at least a year prior to working with the employer or alternatively,

the foreign worker must possess reputable experience in work positions, projects, activities in

science research or technological development similar to the job presently employed.

     1.2 Family:

The foreigner will be able to proceed with Temporary Residence without Work Authorization

due to Family Relation included in parts a) b) and c) of Part 1 of the current First Instruction

as long Family Member satisfies all requirements for entering and live with the employee.

The following will be considered Family Members of the employee if:

-Spouse of the Employee, not Separated, Divorced or Fraudulently Married. Under no circumstance will the employee be allowed to have more than one spouse, even if legal within the law of origin. If the employee divorces and remarries, only the new spouse and family will be recognized unless there is a court order establishing custody, common living, alimony or child-care payments.

-Conforming to Spanish and Personal Law, the Children of the Employee and Spouse, including adopted children, younger than eighteen years or Disabled and Unmarried. When only one spouse cares for the children, proof of custody is needed. Adoption papers are also needed.

-Minors under eighteen or disabled children when the employee is their guardian.

-Family the employee or spouse cares for with proper justification of the reasons and necessity to authorize their residence in Spain.

Family members will receive a Temporary Resident Permit.

     1.3 Documents:

- A Business Project, which must contain one of the following types of information:

o        Memorandum describing the Project and in necessary cases, certification from the Dean of the University, or the corresponding authority who can complete the requirements established in 1.1.b of the initial grant and curriculum of the researcher or professor.

o        Memorandum describing the plan and company, institution or owner similar to the curriculum of the investigator along with qualification of the corresponding departments of the Ministry of Education and Science or the Ministry of Industry, Tourism, and Commerce consisting the details mentioned in the directive which complement and justify the requirements alluded to in part one of the First Instruction.

o        Memorandum describing the amount of foreseeable situations in other places this company will invest, individuals apart of the team and other relevant circumstances, such as those involving artists, valued by the General Immigration Direction when reviewing an application under the First Instruction.

–         In addition to the indicated Business Project, one of these three documents must also be shown:

o        Certification with the General Office of Treasury of Social Security that the company has 1,000 workers in Spain and each are registered with appropriate Social Security.

o        Annual information to verify the actions of the General Board and accompanying auditor qualifications that the company has invested 200 million euros in Spain.

o        Certification from the Investment Registry of the Sub-direction of General Foreign Investments, of the General Ministry of Commerce and Investments in Industry, Tourism and Commerce, that the company has declared an investment of no less than 20 million euros with funds made outside of Spain.

To be considered self-employed, for purposes of obtaining a visa, the applicant must produce the following:

-          Original or a copy of their passport

-          Business Plan or Activity, the plan must include the following information:

a)       required professional qualifications or sufficient experience to accredit the professional work as well as the qualifications necessary to exercise the professions, which require specific approval, and where appropriate, college degree.

b)       Method for investment planning and profitability

c)       Potential for the creation of job positions

d)       A business plan for the first year and sufficient financial resources for lodging and food for the person concerned, less necessary for the maintenance of activity.

e)       Checklist of all existing authorizations and licenses for operation and function of the Business Plan or for the indicated Professional Activity.

Important Information

If accepted, after a 5 year renewable term, the individual will be eligible to obtain permanent residency.  The individual must contact the Spanish embassy after the visa has expired to explore this option.