La nueva Ley de Startups española introduce cambios en la Ley de Emprendedores.

La nueva Ley de Startups española introduce cambios en la Ley de Emprendedores. 

Initial permits will now be approved for three years, rather than two. Renewals for highly qualified permits will continue to be granted for two years, as long as the conditions of work are kept up and the no absences from Spain requirements. The best part is that it will be possible to apply for a long-term residence permit after just one renewal if the necessary conditions are met.

Another improvement is that applicants only need to present a police clearance certificate from the countries where they have lived for the past two years, instead of the previous requirement of five years. A sworn declaration of no criminal record will be required for the remaining three years.

For highly qualified workers, the different types of companies that could previously apply for permits have been combined into a single type that allows all companies to apply for this type of permit. Vocational or professional education is now considered equivalent to university education. As a result, all talents must now meet only one of the following requirements: 

• a university diploma related to the job position, 
• vocational or professional training related to the job position, 
• or at least three years of experience related to the job position.

The digital nomad visa for Spain: What you need to know

The new law also introduces work and residence permits for digital nomads. Digital Nomads must work for a company outside of Spain as employees or freelancers, and they can only use a computer, telematic, and communication systems to do this work.

Freelancers will be able to work for Spanish companies as long as this work doesn't make up more than 20% of their total work. 

The freelancer must meet one of the following requirements to get this type of permit:

• a degree from a college that is related to the job;
• vocational or professional training 
• or at least three years of experience that is related to the job.

The labor or professional relationship must also meet the following requirements: 

• at least one year of real and continuous activity with the company or group of companies with which the digital nomad has an employment or professional relationship;
• documentation proving that the labor or professional relationship can be performed remotely; 
• as well as consent to such remote performances 

The permit can be applied for either as a visa at a Spanish Consulate, in which case it is valid for one year and the holder can apply for a TIE while in Spain, or as a residence authorization directly with the UGE, but only if the applicant is already in Spain with another residence permit or a tourist or business stay permit. In this case, the permit is approved for three years.

No later than March 31, 2023, there will be a technical explanation of how to follow this law. This instruction will list the specific requirements for the different types of visas and residence permits covered by the law. It will also set new minimum salaries and wages for applying for visas and permits, based on the Minimum Interprofessional Wage.

New requirement for entrepreneur permits.

If you want to start a business in Spain that is innovative or of special economic interest, you will now need a good report from ENISA instead of the General Secretariat for Foreign Investments.

Permits for trainees and job seekers can now be renewed for an additional year.

Trainee permits with bilateral agreements can now be approved for one year and renewed for another. Trainee permits based on a trainee labor contract are still limited to one year because of labor law limitations.

Residence permits for job seekers will now be approved for two years instead of one.

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