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Spain self-employment visa: the autónomo work permit under the general regime

The residence and self-employment permit (cuenta propia) lets a foreign national run their own business in Spain as an autónomo (art. 82 RD 1155/2024). The application is filed at the consulate where the applicant lives and also counts as the visa application (art. 39.1). The first permit lasts one year and is limited to one sector and one autonomous community (art. 83). Renewal is for four years and allows both employed and self-employed work in any sector. After five years the holder can obtain long-term residence.

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What this permit is

The residence and self-employment permit, autorización de residencia temporal y trabajo por cuenta propia, is issued to a foreign national over 18 to run their own business in Spain as an autónomo, for more than 90 days and less than five years (art. 82 RD 1155/2024, art. 36.1 and 37 LO 4/2000).

What people call a self-employment visa or an autónomo visa is the permit itself. The visa is only the entry document, and the consulate issues it after the permit has been approved. The permit is granted by the Oficina de Extranjería (Extranjería), the provincial immigration office. It takes effect only once the holder is registered in the Social Security scheme for the self-employed, the alta en el RETA (art. 85.7).

The consular route is rare. In 2024, 3,433 initial self-employment permits were issued across Spain, and that figure includes both consular applications and changes of status made from inside the country (PTE 2024, table PTE-2). There are three reasons. The project must be aimed at the Spanish market and documented before the decision: licenses or pending license applications, startup funds, sometimes premises (art. 84). The first year is narrow: one sector, one autonomous community, no employed work (art. 83). The procedure runs in two stages, silence means refusal, and without alta in the RETA within three months of entry the applicant must leave Spain (art. 85.4 and 85.9). Anyone already living in Spain on another permit obtains the same permit through a change of status, and from a permit that allowed work, directly for four years (art. 191.3).

Other situations have their own permits:

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Pros and cons

Pros

  • The applicant files alone, and no employer is needed (art. 85.1).
  • There is no labor market test, and the project does not have to be innovative: art. 84 sets neither condition.
  • A report from a self-employed workers' association is optional, and any admissible evidence can prove the requirements (Hoja 14).
  • The renewed permit lasts four years and allows employed and self-employed work in any sector anywhere in Spain (art. 87.1).
  • On renewal, silence means approval (art. 87.2).
  • The years on the permit count toward long-term residence and nationality.

Cons

  • The first permit is limited to one sector and one autonomous community (art. 83).
  • On the initial application, silence means refusal (art. 85.4).
  • The application is filed in person and only from abroad, at the consulate where the applicant lives (art. 85.1).
  • The business licenses must be in place or applied for (art. 84.a).
  • Without registration in RETA within three months of entry, the permit never takes effect and the holder must leave Spain (art. 85.7 and 85.9).
  • Family members are not part of the application. Family reunification opens after a year of residence and once the renewal has been applied for (art. 68.1).
  • More than 183 days in Spain in a calendar year make the holder a tax resident who must declare worldwide income.

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Who applies and who counts as family

The applicant files in person at the Spanish consulate where they live (art. 85.1, Hoja 14). The visa application also counts as the permit application (art. 39.1). The consulate checks the general visa requirements, and Extranjería checks the requirements of art. 84 (art. 39.2 and 39.3.b).

Family members are not part of the application, and the permit is issued to the applicant alone. The spouse, partner and children come through family reunification. The holder can apply for reunification after a year of residence in Spain and once they have applied to renew their own permit, and the family members’ permits are granted only after that renewal (art. 68.1). This means the family arrives in the second year at the earliest.

A reunited spouse, partner and children may work with no separate permit (art. 65.2 RD 1155/2024, art. 19.1 LO 4/2000). The procedure is covered in the article on family reunification.

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Requirements and documents

The requirements of art. 84 RD 1155/2024 and art. 37.1 LO 4/2000:

Permit documents (Hoja 14):

Visa documents, filed together with them (art. 38 and 39.1):

The fees are paid within ten working days of filing, and the applicant pays them (Hoja 14):

If the work permit is requested in Catalonia, its fee is paid to the Generalitat de Catalunya, the Catalan government (Los Angeles and London consular checklists). The current amounts are in our total cost calculator.

Not required for the initial application:

Foreign documents must carry an apostille or consular legalization and a translation into Spanish by a sworn translator (traductor jurado) (Hoja 14). We determine which documents need an apostille and translation when the service is ordered.

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Applying from the United States or the United Kingdom

The application is filed at the Spanish consulate for the district where the applicant lives (art. 85.1). Nationality does not matter: a British citizen living in California applies in Los Angeles and proves legal residence in the United States.

Additional requirements:

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Can you take a job as an employee

Yes, but before renewal only through a change of status. The initial permit allows self-employment in one sector and one autonomous community (art. 83). If the holder takes a job as an employee in the first year, the employer or the worker files the application (art. 191.2 and 191.5). The employer must meet all the requirements of art. 74, including the labor market test, and the new employed permit is issued for one year as an initial permit.

A different sector or autonomous community in the first year requires an amendment of the permit under art. 192.1. The holder applies to the Extranjería office where the new activity is located, the labor market test does not apply to self-employment, and the decision is due within a month, with silence meaning approval.

After renewal there are no limits: the renewed permit allows employed and self-employed work in any sector anywhere in Spain (art. 87.1). The conditions for switching to self-employment from other permits are covered in the article on change of status.

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How the process works

The process takes place before entry. The consulate accepts the application and sends the file to Extranjería, Extranjería decides on the permit, and then the consulate issues the visa (art. 39 and 85 RD 1155/2024).

StepWhoDeadlineRule
Visa and permit applicationapplicant in person, at the consulateart. 39.1 and 85.1
Permit decisionExtranjería3 months from receipt of the file from the consulate, silence means refusalart. 85.4
Visa decisionconsulatea month from receipt of the permit decisionart. 39.5
Visa collectionapplicant in personthe deadline stated in the visa noticeconsular checklists
Entry into Spainapplicantwithin the visa’s validity, at most one yearart. 37.2
Registration in RETA (alta)applicant3 months from entryart. 85.7
TIE applicationapplicant in person, at the policea month from the altaart. 85.8

Approval does not yet give the right to work. Its effect depends on the visa being issued and the subsequent alta in RETA (art. 85.5), and the permit takes effect on the date of the alta (art. 85.7). If there is no alta three months after entry, the permit never takes effect and the holder must leave Spain, or else their stay is irregular and counts as a serious offense (art. 85.9).

The application was filed at the consulate on February 3, Extranjería received the file on February 17 and approved the permit on May 12, and the visa was issued on June 2. The applicant entered Spain on June 20 and registered in RETA on July 1. The permit runs from July 1 for one year (art. 83), and the TIE must be applied for by August 1.

A tourist in Spain cannot obtain a self-employment permit without leaving. Only the consulate where the applicant lives accepts the application (art. 85.1), and a change of status is open only from residencia temporal (art. 191.1) and from study stays (art. 190). Autónomo taxes and contributions after registration are covered in the article on autónomo taxes.

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Refusal and appeal

Both the permit and the visa can be refused. Extranjería decisions on the permit and consular decisions on the visa are final at the administrative level (DA 9ª RD 1155/2024).

Instead of appealing, a new application can be filed once the reason for the refusal has been removed, for example with a reworked business plan or more evidence of funds. Repeating a refused application with no new circumstances is not admitted (DA 4ª.1.c LO 4/2000).

We prepare and file the appeal to Extranjería or to the consulate ourselves. A court claim requires an abogado and a procurador: we prepare the case, and a partner Spanish lawyer represents the client in court.

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Renewal

The renewal application is filed online, through Mercurio (Hoja 15), during the two months before the permit expires. Filing in that window extends the previous permit until the decision. Filing within three months after expiry also extends it, but a fine may be imposed for the delay under art. 52.b LO 4/2000 (art. 86.1 RD 1155/2024).

The permit is renewed on one of the grounds in art. 86.2:

Unpaid Social Security contributions do not block renewal if the activity was carried on regularly, but Extranjería reports them to the labor inspectorate (art. 86.2.a). If school-age children are not enrolled, the holder receives a written warning and a month to enroll them, and without that the permit is not renewed (art. 86.4). Extranjería also assesses the holder’s integration efforts, which a report from the autonomous community can show (art. 86.6).

The decision is due within three months, and silence means approval (art. 87.2). This means that after three months without an answer the permit is deemed renewed. The renewed permit lasts four years, runs from the day after the previous one expired, and allows both employed and self-employed work (art. 87.1). The new TIE is applied for within a month of notice (Hoja 15). Fees: Modelo 790 code 052, heading 2.2.3, and code 062, heading 3.3.2 (Hoja 15).

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Long-term residence and nationality

One year on the initial permit and four on the renewed permit add up to five years of legal residence. At that point, instead of another renewal, the holder applies for long-term residence: art. 87.1 renews the permit for four years “salvo que corresponda una autorización de residencia de larga duración.” The years on the permit also count toward Spanish nationality: the general term is 10 years, and 2 years for nationals by origin of Latin American countries, the Philippines and a few other countries (art. 22.1 Código Civil).

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Frequently asked questions

Can you work in more than one autonomous community in the first year?

Yes, but each one needs its own self-employment permit. Art. 85.6 RD 1155/2024 requires separate permits for simultaneous activity in several autonomous communities in the first year, in the same sector and under the same requirements for the activity. The limit disappears on renewal (art. 87.1).

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