Any person from any EU country has the right to live and work in Spain. It should be noted that non-EU nationals have no right to work in Spain and need to apply to the ministry of employment (Ministerio de Trabajo) before arriving in the country.
If you have the necessary trade or skills it is quite easy to work for yourself in expatriate communities. By looking through the classified sections in local expatriate newspapers you will see many services being offered, which might spark an idea for your own business venture.
You need to be aware of offering services that require Spanish qualifications, e.g. you may work as an electrician or a gas fitter in the UK but without the required Spanish licences you would not be allowed to carry out this activity legally in Spain.
Professionals are also subject to Spanish rules, codes and limitations. For example a doctor of medicine in the UK would need to have their qualifications recognized and accepted by the Province where their practice is to be established.
Professional colleges cannot act in any way to obstruct the right of any lawyer, accountant, doctor, architect, etc from a EU state who wishes to practice his profession in Spain. You should check to see if your qualifications will be acceptable in Spain or obtain information and addresses of Spanish professional bodies, with the Spanish Embassy and ask for the National Academic Recognition Information Centre (NARIC) representative. In the UK it may be worth contacting the Occupation Standards Branch, Comparability Coordinators office in Sheffield.
Buying a business
If you intend purchasing an existing business in Spain, then, like anywhere else in the world it is essential that you establish exactly the true situation before entering into any kind of agreement with the seller.
Most foreign-owned businesses tend to focus primarily on the expatriate community and therefore the need to speak Spanish is not as important. You will, however, inevitably require the services of someone fluent in Spanish, and with knowledge of the labour and administrative laws of the country. Bars, restaurants and the like are probably the most popular types of businesses to be operated by expatriates in Spain.
Freehold & Leasehold
The lease (a traspaso) is sold from one owner to the next and reflects the good-will value of the business as well as stock and inventory. In Spain there is no security of tenure with an industrial tenancy, therefore if you intend leasing business premises it is crucial that legal advice is sought before entering into any kind of contract with the vendor.
Should you decide to purchase a business property as opposed to leasing it you should be aware that any debt or charges whether they are connected to the business or not, will be transferred to you when you buy. In any case, by choosing a good, reputable solicitor you will avoid any potential pitfalls.
Forming a company
Forming a limited liability company in Spain (an S.L.), where a business’ liability is limited to the amount of share capital invested by the shareholders, requires a minimum share capital of €3,000 and the services of the public Notary to prepare the title deeds (escritura) in accordance with the company’s proposed activity or activities.
In addition to Notary fees you will have to pay taxes on the value of the share capital plus registration fees when the company is registered at the regional company’s house.
Unless you speak fluent Spanish and have a lot of experience with company law in Spain then it is probably an impossible task to embark on alone. Your Gestor is the best person to contact before embarking on such a project. They will eventually be required to deal with your tax needs such as VAT returns, annual returns and so on. They will also be able to advise you on the feasibility and cost effectiveness of starting a company as opposed to being self-employed.
Part time or full time work
Casual work is often a very good source of employment, particularly during the busy holiday season when bars, restaurants, hotels and supermarkets are often stretched to the limits and need extra help. However, as the busy periods decline and the tourists return to their homelands, the need for part time work reduces. Spain has a law laying out precisely the minimum salary that an employer is required to pay his employee, but with casual work lasting for a few months only, these laws sometimes tend not to be adhered to.