Opening a business in Spain as a foreign citizen
European Union citizens do not usually have more problems than Spanish citizens when opening a business in Spain. Nevertheless, other foreigners, including Russians, must follow special procedures to develop an independent economic activity in our country. Perhaps, in the future, Swiss citizens will also have to undergo such procedures.
In contrast to employees, who may pose a threat to job seekers, investors are always welcome. Not only investors who are going to enjoy their personal investments themselves (as vacationers or retirees who purchase property for their holidays in our country), but also those who invest as entrepreneurs to develop their own business here. But not all foreign entrepreneurs are under the same conditions when starting a business in Spain.
The new that the Swiss have approved in referendum a requirement to the government to introduce changes as soon as possible in the legislation in order to limit EU citizens freedom of movement and establishment, has raised a lot of discussion. A direct consequence of this limitation is that it will be necessary to revise the agreements with Switzerland concerning these freedoms of movement and residence within the borders of the Schengen area. Accordingly, as it has happened in the past, the Swiss will not be able to settle down for the development of an independent business in Spain without being subject to the same requirements foreseen for other citizens outside the EU, as is the case with the Russian at the moment. In contrast, EU citizens, especially migrants from countries included in the Schengen Agreement, may become entrepreneurs in Spain with almost no restrictions.
Carlos Prieto Cid
Tarracoiuris Abogados, Spanish Lawyers in Tarragona, Spain
Member of Eurojuris España, international network of Spanish Law Firms
