Spain: Law 14/2013, of 27 September 2013, on support for entrepreneurs and their internationalisation.

Law 14/2013, of 27 September 2013, on support for
entrepreneurs and their internationalisation.

Disclaimer: please note that this is an unofficial, non-legally binding English version of the legally binding original Spanish text published in the Spanish Official Journal (Boletín Oficial del Estado) of 28 September 2013.

TITLE V
Internationalisation of the Spanish Economy
Section 2
International mobility
CHAPTER I
Facilitation to enter and remain in Spain
Article 61. Leave to enter and remain in Spain on the grounds of economic
interest
1. Foreign nationals who intend to enter or reside, or already residing, in
Spain will be granted a facilitated procedure to enter or remain in Spanish
territory on the grounds of economic interest under the provisions of this
Section, in cases where they provide evidence of being:
a) Investors.
b) Entrepreneurs.
c) Highly qualified professionals.
d) Researchers.
e) Workers subject to intra-corporate transfers within the same
undertaking or group of undertakings.

2. The provisions of this section shall not apply to citizens of the
European Union and those foreign nationals to whom the law of the European
Union applies as beneficiaries of the rights of free movement and residence.

Article 62. General requirements for stay or residence
1. Without prejudice to compliance with the specific requirements set out
for each visa or authorization, the foreign nationals to whom this section applies shall meet, for stays not exceeding three months, the entry conditions laid down in Regulation (EC) No 562/2006 of 15 March 2006, establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code).

2. In the case of stay visas, they must also prove that they meet the
requirements of Regulation (EC) No 810/2009 of 13 July 2009 establishing a
Community Code on Visas (Visa Code).
3. In the case of residence visas provided for in Regulation (EU) No 265/2010, amending the Convention Implementing the Schengen Agreement
and Regulation (EC) No 562/2006 of 15 March 2006 as regards movement of
persons with a long-stay visa, as well as for residence authorizations, the
applicants shall provide evidence of compliance with the following requirements:
a) Not be in Spain in an irregular situation,
b) Be over 18 years of age
c) Have no criminal record in Spain or in the countries where they have
resided for the past five years, for offenses defined in the relevant Spanish
legislation.
d) Not be subject to an alert issued for the purposes of refusing entry in
the territorial space of countries with which Spain has signed an agreement in this regard.
e) Have a public or private health insurance policy with an insurance
company authorised to operate in Spain.
f) Have sufficient financial resources for themselves and their families
during their residence in Spain.
g) Have paid the visa or authorization processing fee.
4. The spouse and any children under 18 years of age, or those of legal
age who are objectively unable to provide for themselves due to health reasons, who accompany or join the foreign nationals listed in paragraph 1 of Article 61, may apply jointly and simultaneously or successively for their authorization and, where appropriate, their visa. In this case, evidence must be provided of being in compliance with the requirements listed in the preceding paragraph.
5. The provisions of this Act shall be without prejudice to compliance by
the interested parties with their applicable obligations under Law 10/2010, of 28 April, on the prevention of money laundering and terrorist financing and any applicable tax or social security obligations.
6. Diplomatic missions and consular posts, upon receiving residence visa
applications, shall make the relevant queries to the Directorate General of
Police to determine whether the applicant is considered to be a threat to
security.
The Directorate General of Police shall respond within seven days of
receiving the request; if no response is provided after this time period, it should be deemed favourable.

CHAPTER II
Investors
Article 63. Residence visa for investors
1. Non-resident foreign nationals intending to enter Spain for the purpose
of making a significant capital investment may apply for a stay visa or, where applicable, a residence visa for investors.
2. For a capital investment to be considered as significant, one of the
following criteria must be fulfilled:
a) An initial investment with a value equal to or greater than EUR 2
million in Spanish government debt securities, or a value equal to or greater than EUR 1 million in stocks or shares of Spanish companies, or bank deposits in Spanish financial institutions.
b) The acquisition of real estate in Spain with an investment value equal
to or greater than EUR 500,000 per each applicant.
c) A business project intended to be carried out in Spain that is deemed
and proved to be of general interest, being necessary to be considered as such the fulfilment of one of the following conditions:
1st. The creation of jobs.
2nd. The investment will have a relevant socio-economic impact in the
geographical area in which the activity will be carried out.
3rd. A significant contribution to scientific and/or technological innovation.

3. A foreign national applying for a visa will likewise be understood to
have made a significant capital investment when the investment is made by a legal person established in a territory that is not considered a tax haven under Spanish law, and in which the foreign national directly or indirectly holds a majority of the voting rights and has the powers to appoint or remove a majority of the members of the board.

Article 64. Form of accreditation of the investment.
Investors must meet the following requirements to obtain a residence
visa:
a) In the case referred to in point a), paragraph 2, Article 63, the applicant shall provide proof of having made the investment for the minimum required amount within no more than 60 days prior to filing the application, in the following manner:
1st. For investments in unquoted shares or holdings, the copy of the
investment statement filed with the Registry of Foreign Investments of the
Ministry of Economy and Competitiveness must be submitted.

2nd. For investments in quoted shares, a certificate from the financial
broker duly registered with the Spanish National Securities Market Commission or with the Bank of Spain will be submitted stating that the interested party has made the investment for the purposes of this legislation.
3rd. For investments in public debt, a certificate from the financial
institution or the Bank of Spain will be submitted stating that the applicant is the sole owner of the investment for a period equal to or longer than five years.
4th. For bank deposit investments, a certificate from the financial
institution will be submitted stating that the applicant is the sole holder of the bank deposit.
b) In the case referred to in point b) paragraph 2, Article 63, the applicant
shall provide evidence of having acquired ownership of the real estate through a certificate with ongoing information on the ownership and encumbrances from the relevant Land Register for the property or properties. Such certification shall include an electronic verification code to allow for online consultation.
If, at the time of the visa application, the acquisition of the real estate is in
the process of being entered in the Land Register, it will be sufficient to submit the aforementioned certificate confirming that the purchase document has been entered for filing, accompanied by the documentary proof of payment of the applicable taxes.
The applicant must provide proof of having made a property investment
of EUR 500,000, without liens or encumbrances. The portion of the investment exceeding the required amount may be subject to liens or encumbrances.
c) In the case referred to in point c) paragraph 2, Article 63, a favourable
report must be submitted confirming that the business plan is of general
interest. The report shall be issued by the Economic and Commercial Office of the geographical area in which the investor files the visa application.

Article 65. Effects of the residence visa for investors
The issuance of a residence visa for investors is legally sufficient to allow
residence in Spain for, at least, one year.

Article 66. Residence authorizations for investors
1. Foreign investors wishing to reside in Spain for more than one year
may obtain a residence authorization for investors, which will be valid
throughout the national territory.
2. To apply for a residence authorization for investors, the applicant shall
meet, in addition to the general requirements listed in Article 62, the following requirements:
a) Be the holder of a valid residence visa for investors or one which has
expired within a period of ninety calendar days after the expiry date.
b) Have travelled to Spain at least once during the period authorised for
his o her residence.

c) In the case referred to in point a) paragraph 2, Article 63, the investor
must prove that he or she has maintained the investment of a value equal to or greater than the minimum required:
1st. In the case of unquoted shares or holdings, a notarised certificate
must be furnished stating that the investor has maintained, throughout the prior reference period, ownership of the unquoted shares or holdings allowing him or her to obtain an investor visa. The certificate must be dated within the 30 days prior to the filing of the application.
2nd. In the case of investments in quoted shares, a certificate from a
financial institution must be submitted stating that the applicant has maintained an investment of an average value of at least EUR 1 million in quoted shares during the prior reference period. The certificate must be dated within the 30 days prior to the filing of the application.
3rd. For investments in government debt securities, the investor must
submit a certificate from a financial institution or the Bank of Spain confirming the maintenance, or increase, during the prior reference period in the number of public debt securities acquired by the investor at the time of the initial investment. The certificate must be dated within the 30 days prior to the filing of the application.
4th. For bank deposit investments, the investor must submit a certificate
from the financial institution confirming the maintenance, or increase, in the deposit during the prior reference period. The certificate must be dated within the 30 days prior to the filing of the application.
d) In the case referred to in point b) paragraph 2, Article 63, the applicant
must provide evidence that the investor owns the property or properties for the minimum amount required under the mentioned Article. For this purpose, he or she must furnish the relevant certificate or certificates of ownership from the relevant Property Register, which must be dated within the 90 days prior to the filing of the application.
e) In the cases referred to in point c) paragraph 2, Article 63, the
applicant must furnish a favourable report from the Directorate General for
Trade and Investment, Ministry of Economy and Competitiveness, confirming that the project maintains the conditions of general interest initially accredited.
f) Compliance with taxation and social security obligations.

Article 67. Length of validity of the residence authorization for investors
1. The initial residence authorization for investors will have a length of
validity of two years.
2. After this time period, foreign investors wishing to reside in Spain for
longer periods may apply for the renewal of their investor residence
authorizations for an additional two-year period.

CHAPTER III
Entrepreneurs and business activity

Article 68. Entry and stay for starting up businesses
1. Foreign nationals may apply for a visa to enter and remain in Spain for
a one-year period for the sole or primary purpose of making preliminary
arrangements in order to be able to develop an enterprising activity.
2. The visa holders referred to in the preceding paragraph may obtain
access to the entrepreneurial residence status under this Section without the need to apply for a visa and without the requirement of having remained in Spain for a minimum time period when it can be proved that the business activity for which the visa was requested has effectively been started.

Article 69. Residence for entrepreneurs
1. Foreign nationals seeking entry to Spain or who holding a residence or
stay authorization or visa intend to start up, develop or manage a business
activity as entrepreneurs may obtain a business activity residence authorization that is valid throughout the national territory.
2. Applicants must meet the general requirements under Article 62 and
the legal requirements necessary to start up the activity, which are set out in the relevant sectoral regulations.

Article 70. Definition of entrepreneurial and business activity
1. Entrepreneurial activity will be deemed to be any innovative activity of
special economic interest to Spain that, as such, has obtained a favourable
report from the competent body of the General Administration of the State.
2. The assessment will give special priority and consideration to the
creation of jobs in Spain. The following will also be taken into account:
a) The professional profile of the applicant.
b) The business plan, including the product, service or market analysis,
and financing.
c) The added value for the Spanish economy, innovation or investment
opportunities.

CHAPTER IV
Highly qualified professionals
Article 71 -Highly qualified professionals
Companies needing to incorporate into Spanish territory foreign
professionals for a professional or employment relationship covered under any of the following situations may apply for a residence authorization for highly qualified professionals, which will be valid throughout Spain:
a) Highly qualified or management staff, where the undertaking or group
of undertakings meets any of the following characteristics: 1st. Average workforce in the three months immediately prior to the filing of the application totalling more than 250 workers in Spain, registered under
the applicable Social Security system.
2nd. Annual net business turnover in Spain of over EUR 50 million; or
equity or net worth in Spain of over EUR 43 million.
3rd. Average gross annual investment from abroad of not less than EUR
1 million in the three years immediately prior to the filing of the application.
4th. Companies with an investment stock value or position in excess of
EUR 3 million, according to the latest data from the Register of Foreign
Investment of the Ministry of Economy and Competitiveness.
5th. For small and medium-sized businesses established in Spain, they
must pertain to a sector considered to be strategic.
b) Highly qualified or management staff forming part of a business project
involving one of the following, provided that the condition met in this scenario is deemed and proved to be of general interest:
1st. A significant increase in the creation of direct jobs by the hiring
company.
2nd. Maintenance of employment.
3rd. A significant increase in the creation of jobs in the business sector or
geographical area in which the business activity is to be carried out.
4th. An extraordinary investment with relevant socio-economic impact in
the geographical area in which the labour activity is to be performed.
5th. The concurrence of reasons of interest for Spanish trade and
investment policy.
6th. A relevant contribution to scientific and/or technological innovation.
c) Graduates, postgraduates of universities and reputable business
schools.

Article 72. Training, research, development and innovation
Foreign nationals seeking entry to Spain or those holding a residence or
stay authorization who wish to carry out training, research, development and innovation activities in public or private undertakings must hold the relevant residence visa or authorization for training or research, which will be valid throughout Spain, in the following cases:
a) Research staff referred to in Article 13 and the first additional provision
of Law 14/2011, of 1 June, on Science, Technology and Innovation.
b) Scientific and technical staff who conduct scientific research,
development and technological innovation work in business undertakings or R&D+i centres established in Spain.
c) Researchers subject to an agreement with public or private research
agencies, under the conditions set out in regulations.

d) Teaching staff hired by universities, centres or institutions of higher
education and research, or business schools established in Spain, in
accordance with the criteria set out in regulations.

CHAPTER V
Intra-corporate transfer
Article 73. Residence authorizations for intra-corporate transfers.
1. Foreign nationals seconded to Spain in the framework of a
professional or employment relationship, or for professional training purposes, with an undertaking or group of undertakings established in Spain or in another country must hold the relevant visa for the duration of the transfer and a residence authorization for intra-corporate transfer, which will be valid throughout Spain.
2. In addition to the general requirements of Article 60, the following
requirements must be met:
a) The existence of an actual business activity and, where applicable,
activity of the business group.
b) Higher education qualification or equivalent, or, where applicable, a
minimum of 3 years’ professional experience.
c) The existence of a prior and continuous professional or employment
relationship of 3 months with one or more undertakings of the group.
d) Documentation of the undertaking accrediting the transfer.

Article 74. Intra-corporate transfers of groups of professionals
Undertakings or group of undertakings that meet the requirements set
out in point a) Article 71 may apply for collective authorization processing, which will entail the planned management of a temporary quota of authorizations submitted by the undertaking or group of undertakings.

CHAPTER VI
General rules of procedure for the granting of authorizations
Article 75. Stay and residence visas.
1. The stay and residence visas referred to in this Section 2, International
Mobility, will be issued by the Spanish diplomatic missions and consular posts in accordance with the provisions of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 (Visa Code), and
Regulation (EU) No 265/2010 of the European Parliament and of the Council of 25 March 2010 amending the Convention implementing the Schengen
Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa.

2. The uniform visa may be issued for one, two or multiple entries. The
validity period shall not exceed five years. The validity period of this visa and the length of the authorised stay will be decided taking into consideration the review conducted in accordance with Article 21 of Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009.
3. The visa with limited territorial validity will be issued in circumstances
of national interest, pursuant to Article 25 of the Visa Code (Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009).
4. The residence visas under this section will be issued in accordance
with Regulation (EU) No 265/2010 of the European Parliament and of the
Council of 25 March 2010 amending the Convention Implementing the
Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa. These visas will be valid for one year and authorise the residence of their holder in Spain without the need to obtain an identity card for foreign nationals.
5. Decisions on visa applications will be made and notified within 10
working days, except in the case of applicants subject to prior consultation as provided for in Article 22 of the Visa Code, in which case the decision time period will be that provided for as a general rule in the mentioned Code.

Article 76. Authorisation procedure.
1. The residence authorizations provided for in this Section will be
processed by the Unit for Large Companies and Strategic Economic Sectors,
including the use of electronic means and they will be decided upon by the
Directorate General for Migration.
The maximum decision time delay shall be twenty days from the filing of
the application. If after this time period, a decision has not been adopted, the authorization will be deemed to be granted due to administrative silence.
Decisions must include reasons and may be subject to appeal under Articles
114 and 115 of Law 30/1992, of 26 November 1992, on the Legal Regime of
Public Administrations and Common Administrative Procedure.
2. Holders of authorizations regulated under this Section may apply for
their renewal for two-year periods provided that they continue to meet the
requirements that originated this right.

Fourth additional provision. Single permit
1. The residence authorizations provided for in this legislation will be
processed under the terms of Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State.
2. Applications for the issuance, modification or renewal of these single
permits shall be made through a single application procedure.

3. The decision to issue, modify or renew these single permits will
constitute a single administrative act, without prejudice to the applicable visa issuing procedure.
Fifth additional provision Strategic sectors
1. The national employment situation will not be taken into account for permits regulated under Section 2, Title V.
2. Likewise, by Ministerial Order of the Ministry of the Presidency, on the joint initiative of the Ministries of Employment and Social Security and Economy and Competitiveness, it may be possible to establish non-application of the national employment situation requirement for the hiring of foreign nationals in strategic sectors. The mentioned Order may establish an annual hiring quota.
Sixth additional provision. Residence in Spain with periods of absence from the Spanish territory.
Notwithstanding the need, under current legislation, to provide evidence
of continuous residence in Spain in order to obtain long-term residence or
Spanish nationality, a residence may be renewed even in the event of absences of over six months in a year in the case of residence visas and authorizations for foreign investors or foreign workers of undertakings that conduct business abroad but whose base of operations is in Spain.

Seventh additional provision. Continuation of requirements.
1. The foreign nationals must continue to meet during the visas or
authorizations periods of validity the conditions under which these had been granted.
2. The competent bodies of the General Administration of the State may
carry out the enquiries they deem appropriate to verify compliance with current legislation.

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