Spain’s Start-Up and Entrepreneur residence permit lets non-EU founders live in Spain and build an innovative business for 3 years, with their family, no minimum investment and a decision in 20 working days. The key is one document: a favourable report from ENISA. Here is exactly how it works in 2026, and how to get it right the first time.
On this page
- 1) What the Start-Up and Entrepreneur Permit Is
- 2) Who This Permit Is For (and Who It Is Not For)
- 3) The ENISA Report: How Your Project Is Evaluated
- 4) General Requirements You Must Meet
- 5) How Much Money You Need in 2026
- 6) Step by Step: From Business Plan to Residence Card
- 7) Duration, Renewal, Family and Taxes
- 8) Example: A UK Founder Moving to Barcelona
- 9) Start-Up Permit vs Self-Employed vs Digital Nomad
- 10) Why Applications Get Refused
- 11) How MigratioLex Helps
- 12) Official Resources and Forms
- 13) Start-Up and Entrepreneur Guides by Topic
- FAQs
1) What the Start-Up and Entrepreneur Permit Is
The entrepreneur permit (in Spanish, “autorización de residencia para actividad empresarial” or “residencia para emprendedores”) is a residence authorisation created by Law 14/2013 of 27 September on support for entrepreneurs and their internationalisation, often called the “Ley de Emprendedores”. It was substantially rewritten by Law 28/2022 of 21 December, Spain’s Startups Law (Ley de fomento del ecosistema de las empresas emergentes), which simplified the procedure and extended the permit to 3 years.
It is designed for non-EU nationals who want to start, develop or run a business activity in Spain that is innovative and/or of special economic interest for Spain, and it is processed by a specialised national unit, the Unidad de Grandes Empresas y Colectivos Estratégicos (UGE-CE, the Large Companies and Strategic Groups Unit of the Ministry of Inclusion), not by a local immigration office.
In plain terms, what the permit gives you:
- Legal residence in Spain for 3 years, valid throughout the country (art. 69 Law 14/2013).
- The right to carry out your business activity as an entrepreneur.
- Your spouse or partner, children and dependent parents can apply with you, at the same time or later (art. 62.4).
- Renewals for 2-year periods while the conditions are maintained (art. 76.3).
- Access to permanent (long-term) residence after 5 years (art. 69), and the years count towards Spanish nationality.
- A fast, online procedure: the UGE-CE must decide in 20 days (working days, under Law 39/2015) or the permit is granted by positive administrative silence (art. 76.1).
2) Who This Permit Is For (and Who It Is Not For)
The Ministry of Inclusion summarises the target applicant as a foreign national over 18 who wants to carry out an entrepreneurial and business activity that is innovative and of special economic interest for Spain. The official UGE-CE page is also clear on one point that surprises many founders: there is no minimum investment and no minimum job creation.
Usually a good fit
- Technology or software start-ups with a scalable product.
- Founders with proprietary technology, patents or a differentiated business model.
- Projects backed by investors, accelerators, public grants or awards.
- Experienced founders opening the Spanish or European branch of a growing project.
- Teams of co-founders where some need a permit and others do not (ENISA assesses every partner).
Usually NOT the right route
- A traditional business (a café, a shop, a consultancy, a trade): see the Self-Employed (Autónomo) permit.
- Remote work for clients or employers outside Spain: see the Digital Nomad permit.
- Passive investment only: the Golden Visa was abolished on 3 April 2025 (Organic Law 1/2025) and is no longer available.
- Employees hired by a Spanish company: see the Highly Qualified Professional permit.
You can apply from your country of residence or from Spain. Article 69 allows applications from people who want to enter Spain and from those who already hold a stay, residence authorisation or visa. In practice, if you are legally in Spain (for example during a lawful visa-free stay or with another permit) you can file from Spain, as long as you are not in an irregular situation (art. 62.3.a).
3) The ENISA Report: How Your Project Is Evaluated
ENISA (Empresa Nacional de Innovación, the Spanish state company that finances and supports innovative start-ups) issues a mandatory report on your project. Under article 70 of Law 14/2013, your application goes to the UGE-CE, which requests the report from ENISA on its own initiative, and ENISA must issue it within 10 working days. Without a favourable report, there is no permit.
Article 70.2 sets three legal criteria. This is what ENISA looks at, and what your file should prove:
1. Founder profile and involvement
Education and professional track recordPrevious companies, exits or relevant rolesYour shareholding and role in the projectEvery partner is assessed, including those who do not need a permit
2. Business plan
Description of the projectThe product or service you developFinancing: investment requiredPossible funding sources (own funds, investors, loans, grants)
3. Added value for Spain
Innovation (technology, patents, model)Investment opportunitiesJob creation potentialContribution to the Spanish economy
A strong business plan for ENISA usually covers:
- The problem and your solution: what is new compared with what already exists in Spain and Europe.
- Market: target customers, market size, competitors and why you can win.
- Team: who does what, with evidence (degrees, experience, references).
- Financial plan: 3 to 5 year projections, investment needs and where the money comes from.
- Spanish footprint: where you will be based, local hires, suppliers, partners, universities or accelerators.
- Proof: traction, letters of intent, pilot customers, grants, awards, intellectual property.
4) General Requirements You Must Meet
On top of the favourable ENISA report, article 62.3 of Law 14/2013 lists the general requirements for every residence permit under this law:
- Not be in Spain irregularly.
- Be over 18.
- No criminal record in Spain or in the countries where you lived during the last 2 years, plus a signed declaration that you have no criminal record for the last 5 years.
- Not be listed as inadmissible in countries with which Spain has an agreement to that effect.
- Public or private health insurance with an insurer authorised to operate in Spain.
- Sufficient economic resources for yourself and your family for your period of residence (see section 5).
- Payment of the fee: modelo 790 code 038 (international mobility authorisations under Law 14/2013), as indicated in the UGE-CE application instructions.
- Meet the legal requirements to start your activity under the applicable sector rules (art. 69.2), for example licences or professional registrations.
According to the UGE-CE instructions, the criminal record certificate is not required if you already hold a residence authorisation or a stay authorisation of more than 6 months in Spain. If you are in Spain on a short stay, you provide certificates for the countries where you lived in the previous 2 years and a declaration covering the previous 5 years.
5) How Much Money You Need in 2026
Law 14/2013 only says “sufficient economic resources” (art. 62.3.f). The figure applied in practice comes from Instruction DGM 1/2023 of the Directorate-General for Migration on the practical application of Law 14/2013, which sets the reference used by the UGE-CE for entrepreneurs: 200% of the SMI (Spanish minimum wage) per month for the applicant, 75% of the SMI for the first family member and 25% of the SMI for each additional member.
With the 2026 SMI of €1,221 per month in 14 payments (€17,094 per year), that means:
Income reference by household size (2026)
Euros per month, 12-month basis, reference applied by the UGE-CE (200% SMI + 75% + 25% per extra member)
On an annual basis, the applicant alone needs about €34,188. Each family member adds about €1,068 per month (first member) and €356 per month (each additional member).
How you can prove it: savings and bank balances, investor funding or a capital increase, salary or income you will keep receiving, dividends, or any other lawful means. What matters is that the money is yours (or available to you), traceable, and coherent with the financing described in your business plan.
6) Step by Step: From Business Plan to Residence Card
- Strategy check: confirm the entrepreneur permit is the right route (versus self-employed, Digital Nomad or highly qualified), and decide whether you file from abroad or from Spain.
- Business plan and evidence: prepare the plan, founder profiles and proof of innovation and economic interest, aligned with the three criteria of article 70.2.
- ENISA questionnaire: register on the ENISA website, select “Autorización de Residencia para Emprendedores” and complete the project questionnaire.
- File with the UGE-CE: submit the application electronically (yourself or through a legal representative) with passport, proof of economic means, health insurance, criminal records where required, fee 790-038 and the signed application form.
- ENISA report: the UGE-CE requests it ex officio; ENISA has 10 working days (art. 70.1).
- Decision: the UGE-CE has 20 working days from electronic filing. If it does not decide in time, the authorisation is granted by positive silence (art. 76.1). Filing also extends your current legal stay or residence until the decision.
- Visa (only if you applied from abroad): authorisation and visa are processed through a single application, one after the other (art. 69.1). Once the authorisation is granted, the consulate issues your residence visa so you can travel.
- TIE and set-up: in Spain, apply for your TIE (Foreigner Identity Card) at the police, register with Social Security and the tax office, and incorporate or register your company if you have not yet done so.
7) Duration, Renewal, Family and Taxes
Duration and renewal
The authorisation is valid for 3 years throughout Spain (art. 69). You can then renew for 2-year periods as long as the conditions that generated the right continue (art. 76.3). Filing the renewal on time extends your permit until the decision, and a renewal filed within 90 days after expiry is still accepted, although a fine procedure may be opened.
Permanent residence
After 5 years of legal residence you can apply for long-term residence (art. 69). Those years also count towards Spanish nationality by residence (generally 10 years, or 2 years for nationals of Ibero-American countries, Andorra, the Philippines, Equatorial Guinea and Portugal).
Family members
Your spouse or partner, minor children, adult children who depend on you financially and dependent parents (yours or your partner’s) can apply jointly with you or later (art. 62.4). If they apply at the same time, their applications are decided together with yours. You must prove economic means for the whole family.
Taxes: the Beckham Law
Since Law 28/2022, founders who move to Spain to carry out an entrepreneurial activity under Law 14/2013 can opt for the special inbound regime (Beckham Law): 24% on Spanish employment and business income up to €600,000, if you were not tax resident in Spain in the previous 5 years and you apply within 6 months. See our guide on Beckham Law for startup founders.
8) Example: A UK Founder Moving to Barcelona
Example (illustrative)
Sarah from Manchester runs a small software company that has built an artificial intelligence tool to automate compliance checks for European logistics firms. Since Brexit, she needs a permit to live in Spain. She wants to open the company’s EU base in Barcelona, hire two developers in the first 18 months and bring her husband and their 6-year-old son.
Route: her project is technology-based and scalable, so the entrepreneur permit fits better than the self-employed route. Her income does not come only from foreign clients, so the Digital Nomad permit would not fit either.
File: a business plan focused on the three ENISA criteria (her 12 years in logistics software, the funding round already committed, the Spanish hires and partnerships), proof of savings above the 2026 reference for a couple with one child (€4,274 per month), private health insurance for the three of them and the fee 790-038.
Result in a well-prepared case: ENISA report within 10 working days, a UGE-CE decision within 20 working days, residence visas for the family, and a 3-year authorisation that she can renew for 2 more years. Because she had not been tax resident in Spain in the previous 5 years, she also assesses the Beckham Law within 6 months.
9) Start-Up Permit vs Self-Employed vs Digital Nomad
These three routes are often confused. The right one depends on what you will actually do in Spain and who pays you.
Start-Up and Entrepreneur
LawLaw 14/2013, arts. 69 and 70
ProjectInnovative or of special economic interest
Key documentFavourable ENISA report
Who decidesUGE-CE (national unit)
Decision time20 working days, positive silence
Initial duration3 years
Renewal2 years
FamilyFrom day one
Beckham LawPossible
Self-Employed (Autónomo)
LawOrganic Law 4/2000 and Royal Decree 1155/2024, arts. 82 to 85
ProjectAny viable business, innovation not required
Key documentViability report from a self-employed workers’ association
Who decidesProvincial immigration office
Decision time3 months, silence means refusal
Initial duration1 year, one region and one sector
Renewal4 years
FamilyReunification after 1 year
Beckham LawGenerally not available
Digital Nomad
LawLaw 14/2013, arts. 74 bis to 76
ProjectRemote work for non-Spanish companies or clients
Key documentContracts, degree or 3 years’ experience
Who decidesUGE-CE (national unit)
Decision time20 working days, positive silence
Initial durationUp to 3 years (visa up to 1 year from abroad)
Renewal2 years
FamilyFrom day one
Beckham LawPossible
Which route fits your plan?
If you are launching an innovative or scalable project in Spain…Start-Up and Entrepreneur permit →
If you are opening a traditional business or working for Spanish clients…Self-Employed (Autónomo) permit →
If you work remotely for companies or clients outside Spain…Digital Nomad permit →
If a Spanish company wants to hire you in a senior role…Highly Qualified Professional permit →
Not sure your project is “innovative enough” for ENISA? A traditional business can still get you to Spain through the self-employed route, as in this case:
Not sure which route fits your business?
Tell us about your project and we will tell you, honestly, whether ENISA is likely to see it as innovative or whether another route is safer. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.
10) Why Applications Get Refused
Why Applications Get Refused
- A business plan that never explains what is innovative or why the project matters for Spain.
- Founder profiles without evidence: claims of experience with no CV detail, references or proof.
- Financial projections that do not match the funding sources or the economic means shown.
- Economic means calculated with an outdated SMI, or not covering every family member.
- Missing sector licences or professional requirements for the planned activity (art. 69.2).
- Foreign documents without apostille or sworn translation, or expired criminal record certificates.
- Filing from Spain while in an irregular situation (for example after overstaying 90 days).
- A “copy and paste” project that looks like a traditional business dressed up as a start-up.
11) How MigratioLex Helps
We are a Spanish law firm led by Raquel Carmona Flaquer, a registered lawyer specialised in Spanish immigration and nationality. For founders, we handle the whole process so you can focus on your company.
Route assessment
We check whether your project meets the ENISA criteria or whether the self-employed, Digital Nomad or highly qualified route is safer, before you spend time and money.
Business plan review for ENISA
We structure your plan around the three legal criteria of article 70.2 and identify the evidence that proves innovation and value for Spain.
Full UGE-CE filing
We prepare and file the application electronically as your legal representative, calculate your 2026 economic means, and answer any request from the UGE-CE.
Family, visa and TIE
We include your family, coordinate the consular visa if you are abroad, and guide your TIE, Social Security and tax registration once you arrive.
Company and tax set-up
We coordinate the incorporation of your SL (sociedad limitada, Spanish limited company), bank account and the Beckham Law application within its 6-month deadline.
Renewal and long-term residence
We prepare your 2-year renewal and, after 5 years, your long-term residence and nationality strategy.
Start Your Application
Send us a short description of your project and your situation. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.
12) Official Resources and Forms
- Law 14/2013, consolidated text (BOE, Boletín Oficial del Estado, Spain’s Official State Gazette): arts. 61, 62, 69, 70 and 76.
- Law 28/2022, Startups Law (BOE): the reform that rewrote the entrepreneur permit.
- UGE-CE information page for entrepreneurs (Ministry of Inclusion): legal basis and ENISA criteria.
- UGE-CE application instructions for entrepreneurs (official document): documents, ENISA questionnaire and fee modelo 790 code 038.
- ENISA (Empresa Nacional de Innovación): register and complete the “Autorización de Residencia para Emprendedores” questionnaire.
- Ministry of Inclusion information sheet on legalisation and translation of foreign documents.
- Official list of sworn translators (Ministry of Foreign Affairs).
13) Start-Up and Entrepreneur Guides by Topic
Ready to apply? Book your legal consultation and start your application. For a closer look at a specific situation, these are our detailed guides:
Choosing the Right Route
- Self-Employed (Autónomo) residence and work permit
- Digital Nomad Visa vs Self-Employed (Autónomo) permit
- Spain Golden Visa alternatives in 2026: 5 legal routes
- Digital Nomad Visa for company owners and directors
Setting Up Your Company
- How to set up a limited company (SL) in Spain as a foreigner
- Job and business opportunities in Girona for foreigners
Banking and Finance
- Qonto for new entrepreneurs, self-employed and startups
- How to open a bank account in Spain as a foreigner
- How to open a bank account in Spain without a NIE (foreigner identification number)
Taxes for Founders
- Beckham Law 2026: can startup founders and company administrators qualify?
- Free test: are you a Spanish tax resident?
Real Approved Cases
FAQs
Is there a minimum investment for the Spanish entrepreneur permit?
No. The UGE-CE states that there is no minimum investment and no minimum job creation. What matters is a favourable ENISA report and enough economic means for you and your family (in 2026, the reference applied is about €2,849 per month for a single applicant).
What is ENISA and how long does its report take?
ENISA (Empresa Nacional de Innovación) is the Spanish state company that supports innovative start-ups. It issues a mandatory report on your project, which it must deliver within 10 working days of the UGE-CE’s request (art. 70 Law 14/2013).
How long is the start-up permit valid?
The authorisation is valid for 3 years throughout Spain (art. 69 Law 14/2013), renewable for 2-year periods while the conditions continue (art. 76.3). After 5 years you can apply for long-term residence.
What happens if the UGE-CE does not answer within 20 working days?
The authorisation is understood to be granted by positive administrative silence (art. 76.1 Law 14/2013). The 20 working days count from electronic filing. Keep proof of the filing date and ask your lawyer to request the certificate of silence if needed.
Can I apply from Spain as a tourist?
Yes, if you are in Spain legally (for example within your 90-day visa-free stay). Article 69 allows applications from holders of a stay, and filing extends your legal stay until the decision. You cannot apply if you are already in an irregular situation.
Can my family come with me?
Yes. Your spouse or partner, minor children, dependent adult children and dependent parents can apply with you or later (art. 62.4). You must show extra economic means: about €1,068 per month for the first family member and €356 for each additional one in 2026.
Do I need to create a Spanish company before applying?
Not necessarily. ENISA assesses the project, the business plan and the founders. Many founders incorporate the SL after approval, but if your company already exists, its documents strengthen your file.
Can I benefit from the Beckham Law as an entrepreneur?
Since Law 28/2022, people who move to Spain to carry out an entrepreneurial activity under Law 14/2013 can opt for the special regime (24% up to €600,000) if they were not tax resident in Spain in the previous 5 years and apply within the 6-month deadline. Each case should be checked individually.
Is the start-up permit the same as the old Golden Visa?
No. The Golden Visa (investor residence) was abolished on 3 April 2025 by Organic Law 1/2025. The entrepreneur permit is still in force and rewards an active, innovative project, not a passive investment.
Turn your project into a Spanish residence permit
We assess your project against the ENISA criteria, prepare your file and handle the UGE-CE procedure from start to finish. At MigratioLex, we review your specific case, not a generic checklist. We respond within 24 hours, in English, French or Spanish.
This page provides general information on Spanish immigration law as of October 2026. It is not legal advice for your specific case. Figures such as the SMI change every year.
Not sure how this applies to you?
Every case is different. Tell us yours and we will tell you honestly whether you need us.
MigratioLex · Carrer Joan Reglà, 5, 3-B · 17600 Figueres (Girona) · +34 602 54 15 16
