Today we’re talking about self-employed social roots, which is the social integration through self-employment, a figure widely used since the end of the crisis in 2007 and 2008 and still used by many foreigners who obtain their residency through this self-employment integration. Here’s an article about what social integration is.
Ways to Process Social Roots
Well, social roots, as you know, is a permit for exceptional circumstances. It’s actually the individualized regularization route established by our immigration regulations for a foreigner who doesn’t have residency in our country but demonstrates their degree of integration after three years in Spanish territory, showing integration and a clean criminal record. If these requirements are met, they could obtain their first residency permit through the main pathway.
Today, the regularization of foreigners in our country and this social roots permit (permit for exceptional circumstances) can be done in various ways. It can be done through employment, which is the normal route with a one-year full-time employment contract. However, it can also be done without employment, meaning without contracts, but with personal or first-degree family economic means. Additionally, there’s self-employed social roots, which is when you deregister, not from a company, but for yourself as a freelancer, professional, or entrepreneur, meaning when you start your own business or professional activity.
Social Roots Through Self-Employment
This can also be done on a self-employed basis and has its particularities because when we make our application, we would have to justify through a business plan the activity we are going to carry out, what expenses we will have, estimated income, what type of clients, etcetera.
In other words, a comprehensive business plan analyzing the investment, maintenance costs, estimated income, etcetera. Additionally, this business plan must be accompanied by all the necessary documentation to start up that business activity. If the business plan states that ten thousand euros are needed to start the activity, we would need to have those ten thousand euros or invoices showing that we have already spent the ten thousand euros on the initial startup of the activity.
If the business plan establishes that we need ten thousand euros to maintain the business during the first year, we must have the 10,000 euros to justify the maintenance of the activity for at least that first year. Additionally, we should have at least the IPREM amount, which is around five hundred and fifty euros for twelve months, to justify that we will have enough money to sustain ourselves even in the worst-case scenario.
Social Roots Without Profit Motive
In the event that this activity does not generate any profit, it will be necessary to have specific or different financial means depending on the type of activity. For example, to open a large restaurant, a significant amount of money will be needed, but for starting a consultancy business from home, much less investment, maintenance, and overall money will be required.
Self-Employment Social Roots Requirements
for Self-Employed Social Roots To apply for self-employed social roots, you will need to have, if necessary depending on the activity, the municipal or regional licenses required to start that activity. For instance, if you are opening a restaurant, you may need a health license, or for an import-export business, you might need import and export licenses. Similarly, if you are practicing as a doctor, you will need a medical degree and be registered with the medical association.
All of these requirements are crucial because without them, the immigration office will not grant the authorization for self-employment. Additionally, it’s beneficial to have a viability report from certain business organizations, such as «Gusta» and «Ata,» which assess the viability of our business project. When all of this is provided together, along with a mandatory report from the social worker in your locality, it exempts you from the requirement of presenting an employment contract, arguing that the financial means you will have are from your previous work before your self-employment activity.
Residence Permit for Self-Employment
Once we have all of this, we will submit our application to the immigration office with the specific requirements of the social roots, including the three years of residency, the municipality’s report, and the entire business plan. Finally, we could obtain a residence permit for self-employment, which will allow us to start our activity as self-employed individuals once it is approved. Once we initiate the activity, we will have to validate our use, which we will renew annually. As you can see, this is a pathway to obtain residency that, given the scarcity of jobs and high unemployment rates, can be a good alternative for individuals who cannot find a job offer and want to regularize their situation in Spain. They can do so through this social roots but as self-employed individuals with their own business activity.
Frequently Asked Questions about Self-Employment Social Roots
What is self-employment social roots in immigration?
Self-employment social roots is a legal concept that allows foreign citizens to apply for residency in a country based on their social roots, meaning their integration and active participation in society, without depending on a specific job link.
What are the requirements to apply for self-employment social roots?
Requirements may vary by country, but they typically include demonstrating a continuous period of residence, proving sufficient financial means, having no criminal record, and showing active integration into society through social, cultural, or professional activities.
Is it necessary to have a job to apply for self-employment social roots?
Not necessarily. Unlike other types of visas or residence permits, self-employment social roots does not require a job contract. However, the applicant is expected to demonstrate the ability to support themselves economically through other sources, such as entrepreneurship, investments, or personal income.
How much residency time is required to apply for self-employment social roots?
The required residency period may vary but typically ranges from 1 to 5 years, depending on the country’s legislation. It is crucial to review the specific laws of each jurisdiction for accurate information.
What evidence is valid to demonstrate social roots in society?
Evidence may include participation in cultural, social, or sports activities, membership in community associations, involvement in charitable projects, among others. Communication ability in the local language and knowledge of the country’s culture are also valued.
Can I change my migration status through self-employment social roots?
Yes, in many cases, self-employment social roots can be a pathway to change migration status, allowing individuals from a temporary visa to permanent residency, provided they meet the requirements set by immigration authorities.
What benefits do I gain by obtaining self-employment social roots?
By obtaining self-employment social roots, benefits may include the ability to reside permanently in the country, access social services, work independently, and, in some cases, eventually apply for citizenship.
Marta Palacios Cuesta is the founder and principal consultant of Es Abogado Extranjería, a law firm specializing in immigration law in Madrid and Seville. With an impressive academic background, Marta offers expert advice on immigration procedures, residency processes and obtaining Spanish nationality. Committed to providing personalized and up-to-date solutions, her firm stands out for its detailed and professional approach. If you need legal guidance regarding your status in Spain, contact Marta for a personalized consultation at Es Abogado Extranjería.