After the expiration of the initial one year, it is necessary to apply for the Business Activity Residence Permit Renewal. The renewal is valid for two years, and has to be requested at the competent authority. In some autonomous communities, the application will have to be presented at the regional government authorities, and in some others, at the central administration.
The most important regulations concerning the Business Activity Residence Permit Renewal are:
- Organic Law 4/2000, of 11 January, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (articles 25 bis, 36 and 37).
- Rules of procedure of Organic Law 4/2000, approved by Royal Decree 557/2011 of 20 April (Articles 103 to 109).
Main features and requirements
This procedure covers the Business Activity Residence Permit Renewal, since the latter is valid for one year only. The application can be presented during the last 60 days of the validity of the initial permit, or within the first 90 days after its expiration (in the latter case, however, the Immigration Office could decide to initiate a disciplinary procedure, for infringement of Immigration rules). The presentation of the application within the aforementioned periods automatically extends the validity until the administration resolves the application. On the other hand, if the administration does not resolve the application within three months, the application is considered granted by administrative silence. Upon the concession of the renewal, the applicant will have to apply for a new Foreigner Identity Card (TIE).
The application can be presented digitally and addressed to the competent organism.
As for the requirements that the applicant will have to comply with in order to obtain the renewal, they are the following:
- Not being a citizen of a State of the European Union, of the European Economic Area or Switzerland, or a relative of citizens of these countries, to whom the regime of citizen of the Union applies.
- Lacking of criminal records in the countries where the applicant has resided during the last 5 years.
- Not being banned from entering Spain and not appearing as objectionable in the territorial space of countries with which Spain has signed an agreement to that effect.
- If applicable, accreditation of school enrolment of any minors under their care at the age of compulsory schooling.
- Accrediting one of the following circumstances:
- Continuity in the activity that gave rise to the authorisation that is renewed, after ex officio verification of compliance with tax and Social Security obligations.
- If the spouse satisfies the economic requirements to regroup the worker. Renewal may also proceed when the requirement is met by the person with whom the foreigner maintains an analogous emotional relationship in the terms provided for family reunification.
As for the economic requirements, if the resulting family unit has two members, a monthly income superior or equal to 806.76€. For every additional member, proof of disposition of further 268.92€ must be provided.
- If the competent management body, in accordance with the regulations on the matter, has recognised the foreign self-employed worker the protection for cessation of activity.
Among the most relevant documentation self-employed working permit renewal we can find:
- If applicable, a report issued by the competent authorities, or by the educational center that accredits the enrolment of minors under the applicant’s care who are of compulsory schooling age.
- Relevant administrative fees: two separate fees: 15,76€ and 78,36€
- Depending on the applicable situation:
If the activity that gave rise to the granting of the authorisation to be renewed continues: Income tax, VAT or corporate income tax return.
If the worker’s spouse has sufficient financial resources to reunite the worker: Documentation accrediting the existence of the marriage or the couple’s relationship. Accreditation of financial means.
If protection for cessation of activity has been granted: Proof of the granting of the protection.
In the event of not being able to accredit any of the requirements demanded, the Autonomous Community of your place of residence may provide a report on the applicant’s integration efforts.
How can Lexidy help me?
At Lexidy we can assist you through all the steps of the application for the renovation of a self-employed working permit. Get a free consultation and see what we can do for you.