Living in Spain

Sheet 39 - Self-employment authorization for cross-border workers

* The content of this page is for guidance only. Only the provisions of the regulations in force at the time of submission of the application are applicable. 

Last Updated: May 2025

Index of contents 

  • Type of Authorization
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure

TYPE OF AUTHORISATION 

It is a self-employment authorization that may be obtained by a foreign person residing in the border area of a neighbouring State to which he or she returns on a daily basis.

BASIC REGULATIONS 

  • Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (article 43).
  • Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 156 to 158).
  • Law 12/2012, of 26 December, on urgent measures to liberalize trade and certain services.
  • Instruction DGI/SGRJ/05/2007, on the incorporation, in the files of authorization of temporary residence and self-employment, of certain reports that will be considered as means of proof of compliance with certain regulatory requirements, without prejudice to any other means of proof admitted in law.

REQUIREMENTS 

  • Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or a family member of citizens of these countries to which the regime of citizen of the Union applies.
  • Not to be found irregularly in Spanish territory.
  • Lack of criminal records in Spain and in the countries where he has resided for the last five years, for crimes existing in the Spanish legislation.
  • Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard
  • Do not pose a threat to public order, safety or public health. 
  • Reside in a province or demarcation bordering Spain.
  • Comply with the requirements that current legislation requires nationals for the opening and operation of the planned activity.
  • Possess the training and, where appropriate, the legally enforceable professional qualification for the exercise of the profession or accredited experience sufficient in the exercise of the professional activity, as well as, where appropriate, the tuition when required.
  • Certify the sufficiency of the investment planned for the implementation of the project and the impact on job creation, including as such self-employment.
  • Pay the fee for the processing of the procedure.  

EXIGIBLE DOCUMENTATION 

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application, when the application is face-to-face. 

  • Full copy of the passport or travel title in force.
  • Criminal record certificate, issued by the authorities of the country of origin or provenance in which you have resided in the last five years.
  • Medical certificate.
  • Documentation accrediting to reside in a province or demarcation bordering Spain.
  • In retail commercial activities and provision of the services listed in the Annex to Law 12/2012, which are carried out in permanent establishments, whose useful area is equal to or less than 750 square meters, responsible declaration or prior communication (in the terms of article 69 of Law 39/2015 ) and, where appropriate, proof of payment of the corresponding tax.  

In the other activities and services of professional services, list of the authorizations or licenses required for the installation, opening or operation of the planned activity or for the professional exercise, indicating the situation in which the procedures for its achievement are found, including, where appropriate, the application certifications before the corresponding bodies.

  • Copy of the documentation that accredits to have the training and, where appropriate, the professional qualification legally required for the exercise of the profession, as well as the tuition, if required.
  • Copy of the documentation that accredits the sufficiency of the investment planned for the implementation of the project and on the impact, where appropriate, on job creation, including as such self-employment.

By way of example and regardless of their justification by other means admissible in law, the last two extremes can be accredited by the valuation report issued by one of the following organizations:

  • National Federation of Employers' and Self-Employed Workers' Associations (ATA)
  • Union of Professionals and Self-Employed Workers (UPTA)
  • Intersectoral Confederation of Spanish Self-Employed Persons (CIAE)
  • Organization of Professionals and Self-Employed Persons (OPA)
  • Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE)

Important note: when documents are provided from other countries, they must be translated into Spanish or co-official language of the territory where the application is submitted by a sworn translator.  

List of sworn translators.

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which the document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the case where the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless the document is exempt from legalization under the International Convention.  

Information on translation and legalization of documents. 

PROCEDURE 

  • Subject legitimated to submit the application: the foreign person personally.

Information sheet on legitimated subjects. 

  • Place of presentation: 
  • In person, before the Spanish Diplomatic Mission or Consular Office corresponding to your place of residence.

Address information, telephone numbers and hours of service to the public. 

  • Corresponding rates of residence and work: they will accrue at the time of submission of the application, and must be paid within ten working days:  
  • Form 790 code 052, heading 2.1.3 “initial authorization of temporary residence and work for an employed and/or self-employed person”: to be paid by the foreign person.
  • Form 790 code 062, heading 3.1.2 “initial authorization of work for cross-border self-employed workers”, provided that it is a period equal to or greater than six months: to be paid by the foreign person.

The subscription form can be downloaded from this page.

  • Deadline for the resolution of the application: three months from the day following the date on which it entered the register of the competent body for processing. Once this period has elapsed without the Administration having made the notification, it may be understood that the application has been rejected by administrative silence. (When it has not been possible to notify the resolution it will be announced in the Single Edictal Board (TEU). If you have opted for electronic notification or are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within ten calendar days of its publication, it will be given as notified). 
  • The worker has one month from the notification of the granting of the authorization to work to apply for affiliation and to register in the corresponding Social Security regime and to request, personally, the identity card of a foreigner as a cross-border worker in the competent Police Station or police services of his place of residence.  

The documentation to be provided in the application for the alien identity card can be consulted at the following link:

https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34 

  • The duration of the initial authorization will coincide with that of the planned activity with the minimum limit of three months and maximum of one year.
  • The validity of the authorisation shall be limited to a sector of activity and to the territorial scope of the Community or Autonomous City in whose neighbouring area the worker resides.
  • The work authorization will be extended to its expiration as long as the same activity continues on its own account and the circumstances that motivated its concession remain. The validity of the extensions will coincide with the duration of the activity with the maximum limit of one year.