CRITERIA FOR THE APPLICATION OF LAW 14/2013, OF SEPTEMBER 27, 2013, TO SUPPORT ENTREPRENEURS AND THEIR INTERNATIONALIZATION.
Law 14 of 2013, has opened the doors of Spain to foreigners who are not EU citizens, to perform various activities such as undertaking an economic activity, being hired as a highly qualified professional, being able to invest in various sectors (real estate assets, financial assets, public debt), as well as researchers and intra-corporate transfer.
The Immigration Secretariat has published a document that should be taken into consideration for all those interested in obtaining some type of legal residence in Spain, under the protection of the aforementioned law, in addition, it provides us with the criteria to allow an equitable application of the law, adequate for the achievement of its purposes, which are rooted in promoting the economic, labor and social development of Spain.
We highlight some of the criteria that are of particular relevance:
- ECONOMIC RESOURCES: The holders of visas or residence authorizations contemplated in Law 14 of 2013, must prove that they have economic resources for their support in accordance with the following amount.
-Holders of entrepreneur authorizations: amount that represents monthly 100% IPREM.
-Holders of visas or residence authorizations for investors must prove that they have financial resources for their support in Spain with a monthly amount in euros of 400% IPREM.
As for the economic resources to be able to regroup their family members (spouse, analogous partner, dependent ascendants, minor and adult descendants who still depend on the holder of the residence, they will have to demonstrate:
-Family units that include two persons counting the holder and the regrouped person: at least 150% of the IPREM.
-Family units that include the holder and more than two persons: amount that represents monthly 50% of the IPREM for each additional member. - ABSENCES FROM SPANISH TERRITORY - RENEWAL OF RESIDENCE: At the time of renewal, it will be taken into account that the holder and his/her family members are not absent outside Spain for more than 6 months per year (all periods are taken into account since it is not understood that the absence must be continuous).
- INVESTORS: Significant capital investment continues to be understood as that which complies with any of the following assumptions:
-An initial investment for a value equal to or greater than:
1. two million euros in Spanish public debt securities, or
2.º One million euros in shares or equity investments in Spanish capital companies with a real business activity, or
3.º One million euros in investment funds, closed-end investment funds or venture capital funds incorporated in Spain, included within the scope of application of Law 35/2003, of November 4, on Collective Investment Institutions, or Law 22/2014, of November 12, which regulates venture capital entities, other closed-end collective investment entities and management companies of closed-end collective investment entities, and which amends Law 35/2003, of November 4, or
4. º One million euros in bank deposits in Spanish financial institutions.
-The acquisition of real estate in Spain with an investment of a value equal to or greater than 500,000 euros for each applicant.
-A business project to be developed in Spain and which is considered and accredited as being of general interest, for which the fulfillment of at least one of the following conditions will be evaluated:
1.º Creation of jobs.
2.º Realization of an investment with a relevant socio-economic impact in the geographical area in which the activity is to be carried out.
3.º Relevant contribution to scientific and/or technological innovation. - HIGHLY QUALIFIED PROFESSIONALS: It mentions that the profile of the worker will be valued in accordance with the functions he/she will perform within the company, his/her job training and accreditation of professional experience.
-For Directors and managers: 54,142 euros as average annual salary.
-For other technicians and scientific and intellectual professionals: 40,077 euros as average annual salary.
A reduction coefficient of 0.75 will be applied to the amounts indicated in the previous sub-criterion in any of the following cases: o Applications from SMEs belonging to a sector considered strategic and accredited by means of the favorable report of the Directorate General for International Trade and Investment provided for in Law 14/2013, of September 27. o Applications from highly qualified professionals up to 30 years old. - INVESTIGATORS: In this case, the authorization to researchers is granted for two years or, if applicable, for the duration of the contract or agreement with the research entity.
The link of the researcher with the host entity The link of the applicant with the host entity may be materialized through the following documents:
- Employment contract
- Host agreement
- Letter of invitation accepted by the researcher
Similarly, it establishes that for Doctoral Students Doctoral students will be considered as researchers for the purposes of Law 14/2013, without prejudice to the applicant opting to resort to the authorization of stay for studies provided for in the general regime of foreigners as they consider it more favorable to their situation.
As you can see, this document, which can be accessed through the following linkis a great tool to understand and apply the guidelines that we must keep in mind when applying for residence authorizations under Law 14 of 2013, which supports entrepreneurs and their internationalization.
