A few weeks ago, I wrote a post on the first of the three alternatives that currently exist to obtain a residence visa in Spain, once the “Golden Visa” scheme has been repealed by Organic Law 1/2025, of January 2. So, after the Non-Lucrative Visa, it is now the turn of the second alternative, the Residence Visa for Self-Employed Entrepreneurs (RVSEE), established by Law 14/2013, of September 27, on Support for the Entrepreneurs and their Internationalization, in Sections 69 and 70. An alternative that offers foreigners who are not citizens of a European Union (EU) Member state or a Schengen state, the possibility of obtaining a residence visa. Although the benefits of residing and living in Spain are similar to those of the Non-Lucrative Visa, the conditions for getting it are significantly different, hence the importance to briefly comment on them for those who may be interested in it, even if this comment, more descriptive than analytical, is in no way a legal advice.
What is the RVSEE all about?
As I have said earlier, this type of visa is initially intended for foreigners who, not being citizens of a EU Member state or a Schengen state, plan to move to Spain to develop an entrepreneurial activity here. But, what exactly is the Residence Visa for Self-Employed Entrepreneurs (RVSEE)? How does it work? Who can apply for one? What requirements must be met? This Visa is a residence permit that allows the interested party to live in Spain for an initial period of three (3) years as long as the applicant develops a project that is innovative and fits with the general interest of the Spanish economy, and has a certain professional profile, characterized, among other factors, by his training and experience, but also by his involvement in the project. Furthermore, the applicant must be over 18 years of age, and have favourable certificate of criminal record, public or private social security and financial means equivalent to approximately 30,250 euros in his account, duly accredited by the bank.
Who can apply for the RVSEE?
The RVSEE is addressed, in addition to the applicant, to the following persons: A) To his spouse provided that they have not separated in fact or law and the marriage has not been entered into fraud of law, and alternatively the person with whom he maintains an emotional relationship analogous to that of a spouse, when it is registered in a public registry and has not been cancelled; B) To the children and those of his spouse or partner under 18 years of age, or over this age as long as they are incapacitated, when there is a legal act that gives rise to powers of representation, such as guardianship, and it is not contrary to the provision of the Spanish legal system; and C) To his first-degree ascendants and those of his spouse or partner over 65 years of age (or under this age for humanitarian reasons) provided that they are in his care and there are reasons to justify their residence in Spain.
How to apply for the RVSEE?
An essential element when applying for the Residence Visa for Self-Employed Entrepreneurs is the preparation and development of a business plan, a plan that, to be effective, must meet a serie of conditions. One of them is the definition of the project, specifically the business activity to be carried out and the legal form of the company, as well as the description of the product or service, including their innovative aspects. Another is the analysis of the market, with the corresponding evaluation of possible competitors, potential consumers and expected supply and demand, and the required and projected financing, together with the source of the funds. And last but not least, the impact of the plan on the Spanish economy, not only in terms of job creation in the medium and long run, but also in terms of its scalabilty and expansion, using Spain as a hub to increase the business in size or volume both in Europe and the rest of the world.
How to pass ENISA’s screening?
The National Innovation Company (ENISA, by its acronym in Spanish) plays an essential role in the evaluation of the project, being the public body responsible for analyzing its potential and viability. As I have said, this potential and viability depend on compliance with various parameters, such as innovation ( new products or services, advanced technologies, innovative methodologies or disruptive solutions), scalability ( expansion to other markets) or economic impact ( employment promotion). ENISA reviews the plan to verify if it meets the formal and substantive requirements, after which it approves or rejects it, suggesting in the latter case the modifications it deems appropriate, especially those aimed at solving incomplete information, lack of originality or innovation, unrealistic or immature projections and/or absence of technical or legal data, such as the abidance by the current Spanish rule of law.
What benefits does the RVSSE offer?
Obtaining this type of visa can lead to multiple benefits for the applicant. To begin with, a rapid processing of the application, normally within a month from the submission of the former, provided no problems require the completion or modification of the documentation. Another important benefit, more substantive than formal, is the attainment of residency for the entire family, by allowing, under the family reunification program, the applicant’s spouse, children or ascendants to acompany him under the terms indicated. Moving around the Schengen Area ( a system of open borders that encompass 29 European countries) without any restrictions is another important benefit, and certainly not a minor one, for tha applicant and his family to be taken into account. And finally, business support programs, or tax incentives, whether state or regional, are also instruments intended to promote the interest of potential applicants for this kind of visa.
Antonio Viñal
Lawyer
Avco Legal
madrid@avco.legal
