Can a student start a company in Spain?
Yes. Since the last amendment of Immigration Regulation, students are able to work directly or start their own company, as long as they are enrolled in a high education program (e.g. bachelor degree, master or PhD). There is no need to aply for a work permit.
If you hace a student that are not enrolled in a high education program, you can also set up a company, but in order to start working you may need a self-employed residence permit.
Student vista allows you to hold shares in a company
First of all, it is important to understand that regardless if your student visa allows you to work, you can set up a company in Spain by yourself or in partneship with other colleague.
This is because the law provides that anyone can hold of shares in company, regardless the type of visa. Everyone has the right to property and students can set up a company and own shares of it.
The problem is if you can work in that company.
Student visa allows you to work in your own company
As mentioned above, if you are enrolled in a high education program (e.g. bachelor degree, master or PhD), then you can work directly, without any previous permission.
On the contrary, if you are not enrolled in a high education program, then you may need to apply for self-employed residence permit (cuenta propia).
Relate article:Students: How to apply for self-employed visa
Conversely, if the student has a small perentage of share capital (below 25%) and does not have decision-making position in the company, the law will consider the person concerned to be a mere worker and will therefore require work residence permit (cuenta ajena).
