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Residence Card and Self-employment

Residence Card and Self-employment

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Old May 7th 2007, 12:42 pm
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Default Residence Card and Self-employment

I'm planning on moving to the Alicante region next January to set myself up as a freelance webdesigner. I would like to know if it is still necessary to obtain a residence permit before you start working, earning money and paying taxes and health care.

I know that in the last year the authorities have done away with the requirement for brits to get a residence card, but I haven't had it clearly stated if the rule remains for the self-employed. Any advice would be greatly appreciated.
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Old May 7th 2007, 1:41 pm
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Default Re: Residence Card and Self-employment

Originally Posted by kafkaesque
I'm planning on moving to the Alicante region next January to set myself up as a freelance webdesigner. I would like to know if it is still necessary to obtain a residence permit before you start working, earning money and paying taxes and health care.

I know that in the last year the authorities have done away with the requirement for brits to get a residence card, but I haven't had it clearly stated if the rule remains for the self-employed. Any advice would be greatly appreciated.
Officially, there is no requirement for a residence card for an EU citizen. And once you're paying your taxes and social security, that should be enough.

Get yourself a good gestor to sort out all the applying for self-employment and stuff and even though it's easy to fill out the forms yourself, it's even easier to let the gestor file your taxes every 3 months. Unlike the UK, however, you have to start charging IVA (sales tax, vat, whatever it's called!) right away and filing for that. In the UK, I think there's a high threshold before you have to start charging. It makes for more paperwork, but then again, you get your IVA back on big purchases which is rather handy!

Good luck!

t0rie (freelance designer..)
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Old May 7th 2007, 9:09 pm
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Default Re: Residence Card and Self-employment

Under the old rules if you were employed or self employed you did not have to apply for residencia.

Under the new rules EVERY foreigner has to apply for the new certificate of registration. You also have to apply in person - previously you could get a gestor to do it for you.

Such is progress!!!
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Old May 7th 2007, 9:34 pm
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Default Re: Residence Card and Self-employment

Thanks for the replies folks. So it seems I still need a certificate which is perhaps not so beurocratic as the old residency card, even if you have to go in person.

How soon do you need to register for the certificate? Is it from the time you set foot in spain, within 3 months, or just when you are about to start work?

Thanks for the advice about the IVA Torie. Sounds like a bit of a pain though...
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Old May 7th 2007, 9:48 pm
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Default Re: Residence Card and Self-employment

The EU scored a pretty spectacular own goal by forcing Spain to go down this road.

The concessions regarding residency made by the Spanish government in 2004 were quite substantial and as, Fred says, have now been withdrawn.

Look out next for a dramatic clamp down on foreign registered vehicles and unlicensed drivers and for ways of recovering the loss of revenue from the reduction in non-resident capital gains tax.
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Old May 8th 2007, 4:48 pm
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Default Re: Residence Card and Self-employment

Originally Posted by Fred James
Under the old rules if you were employed or self employed you did not have to apply for residencia.

Under the new rules EVERY foreigner has to apply for the new certificate of registration. You also have to apply in person - previously you could get a gestor to do it for you.

Such is progress!!!
Oh. Oops. Didn't know that!

And seeing as we've been here 4 years, in the system, etc, I won't worry until someone sends me a note to the effect of "Hey. Go get the residence certificate thingie that we've just invented."

Heh.

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Old May 8th 2007, 4:50 pm
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Default Re: Residence Card and Self-employment

Originally Posted by Fred James
Under the new rules EVERY foreigner has to apply for the new certificate of registration. You also have to apply in person - previously you could get a gestor to do it for you.
Such is progress!!!

Is this for sure? Its at odds with what I've been told. Not doubting you Fred, just suprised as I heard there was no ruling that you had to apply for residencia
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Old May 8th 2007, 5:06 pm
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Default Re: Residence Card and Self-employment

Originally Posted by Mitzyboy
Is this for sure? Its at odds with what I've been told. Not doubting you Fred, just suprised as I heard there was no ruling that you had to apply for residencia
Hmm - yea. Is this residencia, the empadronament (for your local town), NIE or something new entirely?
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Old May 8th 2007, 5:12 pm
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Default Re: Residence Card and Self-employment

Originally Posted by Mitzyboy
Is this for sure? Its at odds with what I've been told. Not doubting you Fred, just suprised as I heard there was no ruling that you had to apply for residencia

Yes, 100% sure.

Picking you up on the wording, residencia, for most of us, now ceases to exist. We ALL now have to apply for a certificate of registration, in person, (either immediately or when an existing residencia card expires). Non EU citizens who are the family of EU citizens now can easily apply for a residencia card - yes it still exists. This was the major change in the new laws that came in this year.

Under the old rules, if you were already registered into the system (by working or being self employed and paying social security), you were exempted under the new (Spanish implemented) rules about residencia that came in about 3 years ago.

As Beachcomber pointed out, it was an own goal by the EU as far as Spain is concerned. The EU rules allow countries to still insist on proof of income and health cover. Spain gave that up 3 years ago and luckily still do not choose to exercise that option.

I can point you to the relevant paragraph of the new law if you wish - but I am sure you have better things to do!
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Old May 8th 2007, 5:17 pm
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Default Re: Residence Card and Self-employment

Originally Posted by Fred James
Yes, 100% sure.

Picking you up on the wording, residencia, for most of us, now ceases to exist. We ALL now have to apply for a certificate of registration, in person, (either immediately or when an existing residencia card expires). Non EU citizens who are the family of EU citizens now can easily apply for a residencia card - yes it still exists. This was the major change in the new laws that came in this year.

Under the old rules, if you were already registered into the system (by working or being self employed and paying social security), you were exempted under the new (Spanish implemented) rules about residencia that came in about 3 years ago.

As Beachcomber pointed out, it was an own goal by the EU as far as Spain is concerned. The EU rules allow countries to still insist on proof of income and health cover. Spain gave that up 3 years ago and luckily still do not choose to exercise that option.

I can point you to the relevant paragraph of the new law if you wish - but I am sure you have better things to do!
I would like to see it - I've nothing better to do
Whilst you are on here can you confirm for me that my children will be cover for the health service when I start paying tax and social security? They will be 9 and 16 and in full time education. I assume as we are not married their dad will have to sort out his own health 'stuff' as my contributions won't cover him.
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Old May 8th 2007, 5:54 pm
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Default Re: Residence Card and Self-employment

You will find the text of the law here:

http://www.boe.es/boe/dias/2007/02/2...8558-08566.pdf
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Old May 8th 2007, 8:01 pm
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Default Re: Residence Card and Self-employment

.
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Old May 8th 2007, 8:18 pm
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Default Re: Residence Card and Self-employment

Originally Posted by Beachcomber
You will find the text of the law here:

http://www.boe.es/boe/dias/2007/02/2...8558-08566.pdf
Thank you I will get my step-father or brother to translate as they will be able to do it a lot quicker than me - I would need to use the dictionary!
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Old May 24th 2007, 7:51 pm
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Default Re: Residence Card and Self-employment

Thanks for all the information in the thread guys. Do I have to apply for the certificate as soon as I get a place to live (in my case a rental contract)? And do I need to get the certificate before I can get my NIE?
What documents do I need for the certificate?
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Old May 24th 2007, 8:32 pm
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Default Re: Residence Card and Self-employment

Strange laws of the EU, apparently this new "certificate of registration" has just been done away with in Italy ?
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