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Spain Entrepreneur Visa Lawyer | Americans Starting Businesses

If you are an American planning to start or run a business in Spain, the visa you choose determines your work rights, your tax treatment, and whether you can access the Beckham Law. This page maps the entrepreneur visa, the autónomo (self-employment) route, and the highly qualified professional (HQP) route — handled by a Spain-licensed attorney, not a filing agency.

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Constantin Razvan Gospodin, Spain-licensed attorney — ICATF Colegiado No. 5961. This is legal representation by a licensed attorney admitted in Spain — not a visa consultancy.

Which visa route is right for you?

For reference, the Non-Lucrative Visa (NLV) is not a business route: it prohibits all work activity in Spain, including remote work for non-Spanish clients, and cannot be used to run a business — consulates check LinkedIn for evidence of undisclosed work activity. The four routes below are the ones that permit business or professional activity.

CriteriaDigital Nomad Visa (DNV)Autónomo (EX-07)Entrepreneur VisaHighly Qualified Professional (HQP)
Work permission scopeRemote work for non-Spanish clients; up to 20% of income from Spanish clients. Not sufficient for full autónomo registration.Full self-employment authorization; invoice Spanish clients without the 20% cap.Launch and run an innovative business certified by ENISA.Employment with a Spanish employer in a highly qualified role.
Processing time~20 working days (UGE-CE) from Spain; consular route via BLS otherwise.3–6 months.ENISA report ~20 business days (can stretch 6–8 weeks) + UGE-CE 20 business days.UGE-CE fast-track ~20 working days.
Beckham Law eligibilityYes, if structured as an employee of a foreign company (not self-employed).No — self-employment income is excluded (three narrow exceptions below).Yes, where the project is ENISA-certified.Yes — commonly pairs with Beckham for the employee.
Family inclusionYes.Yes.Yes — family members can apply simultaneously.Yes.
Initial permit & renewalSee Visa & Residency for DNV duration.1 year, renewable for 4 more years.3 years, renewable for 2.3 years, renewable for 2.

Sources: Ley 14/2013, exteriores.gob.es, Seguridad Social, Agencia Tributaria. Figures as of 2026.

Entrepreneur visa: for innovative ventures

The entrepreneur visa (Ley 14/2013) is designed for innovative, scalable businesses. Unlike the defunct Golden Visa, there is no minimum capital requirement. It is a two-stage process: first, a favorable innovation report from ENISA (Empresa Nacional de Innovación) — approximately 20 business days, though it can stretch to 6–8 weeks; then a residence authorization from the UGE-CE (Unidad de Grandes Empresas), 20 business days, with positive administrative silence if no decision is issued. The initial permit is valid 3 years and renewable for 2. Family members can apply simultaneously. The consular visa fee for US citizens is $270 at the Miami consulate.

How ENISA scores your project

  • Innovation40%
  • Scalability30%
  • Market & finance20%
  • Team10%

Typically approved

  • SaaS platforms
  • Mobile apps
  • Fintech
  • Healthtech
  • Edtech
  • Agritech
  • Export businesses
  • R&D ventures
  • Businesses creating 3+ jobs

Typically declined

  • Traditional retail
  • Restaurants without a novel concept
  • Pure freelance work without a scalable model

Source: Ley 14/2013, ENISA, exteriores.gob.es. Figures as of 2026.

Autónomo route (EX-07): full self-employment

The autónomo self-employment authorization (form EX-07) grants full self-employment rights. It requires a business plan endorsed by a professional association, and you must show financial means of at least €600/month (100% of IPREM). Processing runs 3–6 months. The initial permit is 1 year, renewable for 4 more years.

€88.64/mo

Tarifa plana

€80 flat + MEI = €88.64/month for 12–24 months (Orden PJC/297/2026).

€206–€1,607

Standard cuota

Monthly social-security contribution, income-based, after the tarifa plana period.

Modelo 130

IRPF, quarterly

20% of net profit, filed quarterly.

Modelo 303

IVA, quarterly

21% standard rate, filed quarterly.

Sources: Orden PJC/297/2026, Seguridad Social, Agencia Tributaria. Figures as of 2026.

HQP route: for transferred employees

The highly qualified professional (HQP) route suits a US company moving an employee to a Spanish role. Salary thresholds are €40,077/year for scientific and intellectual roles, or €54,142/year for managerial and director-level roles. Processing is a UGE-CE fast-track of approximately 20 working days. The initial permit is valid 3 years and renewable for 2, and it commonly pairs with Beckham Law eligibility for the employee.

A US employee who does not meet the HQP salary threshold needs the standard work visa (cuenta ajena) instead — longer processing of 3–6 months, and no Beckham Law eligibility.

Sources: Ley 14/2013, exteriores.gob.es. Figures as of 2026.

The Beckham Law and self-employment: read this first

Regular autónomos are categorically excluded from the Beckham regime. Under Ley 35/2006, Art. 93, the special regime applies to employees classified as highly qualified professionals under specific circumstances — self-employment income does not qualify. Most American freelancers researching this assume they will qualify for Beckham if they earn enough. That is incorrect for standard autónomo status, and building a plan around it is a costly mistake we correct at the outset.

There are three narrow situations where an autónomo-adjacent person may access Beckham:

  1. 1.An entrepreneur-visa holder whose project receives ENISA innovation certification.
  2. 2.A highly qualified professional (HQP) providing services to a startup where more than 40% of income derives from startup services.
  3. 3.An R&D&I professional where more than 40% of income derives from research, development, or innovation activity.

For those who qualify, the Beckham regime applies a 24% flat tax on Spanish income up to €600,000, exempts foreign income, and is valid for 6 years.

Sources: Ley 35/2006, Art. 93; Agencia Tributaria. Figures as of 2026.

Already on an NLV and want to start a business?

A Non-Lucrative Visa holder who wants to start a business must apply for a modificación de autorización — a status change — to an autónomo or entrepreneur-visa authorization. This status-change filing is itself a service we handle, so you can move from passive residence to authorized business activity without leaving Spain or restarting the process abroad.

What about company formation?

This is a high-level overview, not a corporate-law service. Since the 2022 Crea y Crece reform, the minimum share capital for a Sociedad Limitada (SL) is €1, though €3,000 remains common in practice. A typical incorporation timeline is 4–8+ weeks. A US LLC can own 100% of a Spanish SL.

  1. 1.Obtain NIE / NIF (tax identification for the founders and the company)
  2. 2.Certify a unique company name (Registro Mercantil Central)
  3. 3.Deposit the share capital
  4. 4.Sign the incorporation deed before a Spanish notary
  5. 5.Register the company at the Registro Mercantil

Company formation and ongoing corporate compliance are handled by our vetted collaborators in Spain — corporate lawyers and gestorías we work with regularly. We coordinate the handoff so your immigration strategy and company structure are aligned from day one. You get specialists on both sides, not a generalist pretending to do everything.

The process, step by step

From first consultation to residence permit in hand — one Spain-licensed attorney accountable across the whole file.

  1. 1

    Strategy consultation

    We map your business model to the right route — entrepreneur visa, autónomo, or HQP — and flag Beckham eligibility early.

  2. 2

    Route selection & tax review

    We confirm the visa route and model your tax position (autónomo cuota, Modelo 130/303, or Beckham where available).

  3. 3

    Document assembly

    FBI background check, business plan or employment contract, financial means evidence, and apostilled documents.

  4. 4

    ENISA report (entrepreneur route)

    For the entrepreneur visa, we prepare and submit the innovation dossier to ENISA and manage the ~20-business-day review.

  5. 5

    Application filing

    UGE-CE residence authorization, autónomo EX-07, or HQP filing — submitted and tracked through administrative silence deadlines.

  6. 6

    Consular visa (if applying from the US)

    Where required, we coordinate the consular visa, including the $270 entrepreneur-visa fee at the Miami consulate for US citizens.

  7. 7

    Entry & registration

    On arrival, empadronamiento, Seguridad Social autónomo registration, and Agencia Tributaria tax setup.

  8. 8

    TIE / residence card

    Biometrics and issuance of the Tarjeta de Identidad de Extranjero at the local Extranjería office.

  9. 9

    Compliance handoff

    Quarterly filing calendar (Modelo 130/303), renewal timeline, and coordination with your gestoría or our collaborators.

Frequently Asked Questions

Can autónomos in Spain use the Beckham Law?
No, with three narrow exceptions. Regular self-employed individuals (autónomos) are categorically excluded from the Beckham regime under Ley 35/2006, Art. 93 — self-employment income does not qualify. The exceptions are: (1) an entrepreneur-visa holder whose project receives ENISA innovation certification; (2) a highly qualified professional (HQP) providing services to a startup where more than 40% of income derives from startup services; and (3) an R&D&I professional where more than 40% of income derives from research, development, or innovation activity. Most American freelancers assume they will qualify if they earn enough — that assumption is incorrect for standard autónomo status.
Do I need a company to work as a freelancer in Spain?
No. Freelancers register as autónomo — self-employed individuals — which does not require forming a company (a Sociedad Limitada or SL). You register with the Agencia Tributaria (Modelo 036/037) and Seguridad Social as an individual. A company (SL) becomes worth considering for liability protection, multiple partners, or higher-revenue structuring, but it is not required to invoice clients as a freelancer in Spain.
Can a US company transfer an employee to Spain without setting up a subsidiary first?
It depends on your company’s structure — and that is exactly what we map out on a call. Whether a Spanish subsidiary is needed first turns on case-specific factors that are not safe to generalize in a public FAQ: the visa route, how the employment contract is structured, and whether the employee will report to a Spain-based entity. Two routes commonly come up — the highly qualified professional (HQP) visa, which builds on an existing employer relationship, and establishing a Spanish presence for the transfer — and which one fits is not something we would assert by default without reviewing your facts. Book a Business Immigration Strategy Call and we will give you the honest, case-specific answer for your structure.
What's the difference between the Digital Nomad Visa and the Autónomo Visa?
The Digital Nomad Visa (DNV) authorizes remote work for non-Spanish clients, with up to 20% of income permitted from Spanish clients — but it is not sufficient for full self-employment registration. The autónomo visa (EX-07) grants full self-employment authorization: you can invoice Spanish clients without the 20% cap and run a business on the ground in Spain. The DNV suits remote workers keeping foreign clients; the autónomo route suits those building a Spain-based self-employed practice.

Start your business in Spain with one accountable advisor

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