Once you get a job, your employment contract will be necessary in order
to apply for your residence card.
Work permits for
non-EU
nationals
General information
People from outside the European Union who wish to work in Spain must
obtain a work permit after also obtaining a visa, before they move to work
in Spain. Tthey need to apply for the visa at the Spanish Consulate in
their home country.
An application for a work permit needs to be sent to the Foreigners' Office
(Oficinas de Extranjeros) or at the provincial office of the Ministry of
Labor (Delegación Provincial del Ministerio de Trabajo), if the foreign
applicant is in Spanish territory. If the foreign applicant is not in Spain,
an application for the work permit needs to be sent to the Consular office
of the foreign applicant's home country.
The Provincial labor offices (Direcciones Provinciales de Trabajo, Seguridad
Social y Asuntos Sociales) will decide whether the work permit will be
issued or not.
Documents you must present at the time of work permit application
The documents you will be required to present upon application for work
permit are the following:
• If you are an
employee:
o Copy of your valid passport.
o Certificate of criminal records issued by the authorities of the foreigner's
home country, except when it was presented upon application for the visa.
o Official medical certificate.
o Three passport-size photographs.
o Fiscal registration number (NIE or CIF) and the Social Security registration
number of the employer.
o Offer of employment where there appear the labor conditions.
o Full description of the job and the company activity.
o Proof of the employer's solvency could also be required
• If you are
self-employed:
o Copy of your valid passport.
o Certificate of criminal records issued by the authorities of the foreigner's
home country, except when it was presented upon application for the visa.
o Official medical certificate.
o Three passport-size photographs.
o Full description of the job and the company activity.
o Proof of the foreigner's professional qualification or that he meet
the requirements needed to perform the professional activity in Spain,
such as the appropriate licences to perform the activity or the registration
to the Spanish Social Security system, your NIE.
o Any other documentation the Spanish Administration requires from time
to time.
Types of work permits
• Where the foreigner is an employee:
o Type A work permit: for seasonal or time limited work. This may entail
a specific contract or a specific geographic area. The maximum duration
is 9 months, including renewal.
o Type b initial work permit: It enables the foreigner to work in a specific
profession, activity and geographic area for a maximum period of 1 year.
o Type B renewed work permit: This is issued to those b initial holders
once it has expired. It entitles him to carry on various professions or
activities within a maximum period of 2 years.
o Type C work permit, this is issued to the B renewed work permit holders
once it has expired. This entitles the foreign worker to perform any professional
activity throughout the Spanish Territory.
• Where the foreigner is self-employed
o Type D initial work permit: To carry on a specific activity for a maximum
of 1 year. Spanish authorities could limit this to a specific geographic
area.
o Type D renewed work permit: This is issued to those d initial holders
once it has expired. It entitles him to perform various professional activities
for a maximum period of 2 years. Spanish labor authorities could limit
this to a specific geographic area and/or a specific activity.
o Type E work permit: This is issued to those holding the D renewed work
permit once it has expired. This entitles the foreign worker to perform
any professional activity throughout the Spanish Territory for a maximum
period of 3 years.
• Where the foreigner is an employee or is self-employed
o Type F work permit: To perform professional activities in the Spanish
borders, provided their daily return to the foreign borders where they
normally reside. This is issued for a maximum period of 5 years, after
that it may be renewed.
o Permanent work permit: It enables the foreign worker to perform any
professional activity where he has the qualification required. The type
C or E work permits' holders may obtain this work permit once theirs had
expired. It is mandatory to renew this work permit every 5 years.
o Extraordinary work permit: this is issued to the non-EU foreign citizens
who had helped to the Spanish economic and cultural progress. It enables
the foreign worker to perform any professional activity throughout the
Spanish territory where he has the qualification required. This must be
renewed every 5 years.
You might have to hire a skilled lawyer to handle your application, as
they know the ins and outs of the paperwork.
The Residence Permit
Community Cards
European Union citizens can freely enter, exit, travel and remain in Spain,
and are not obliged to get the residence card (the European Community registration
card), in order to live or stay for longer than 3 months in Spain. The
residence card is no longer a formal requirement for EU citizens to establish
their residence in Spain, although they can apply to get one if they wish
to obtain it (in this case, the government employee must inform the EU
citizen about the non obligation to get the card).
Temporary residence cards are issued for periods between 3 months and
1 year, the permanent residence card is issued for 5 years, which is automatically
renewable.
You must apply for your residence card in person at the foreigners' office
(Oficina de Extranjeros) or the national police station (Comisaría de Policía
Nacional) with Foreigners' department from the city where you are going
to live.
You will be required to present the following documentation:
• Your passport valid for at least six months.
• Three photographs of the correct size.
• Medical certificate, when required.
• Proof of family relationship, when applying for reuniting family members.
• Proof of your financial support while you are in Spain, your pension,
or copy of your work contract if you are going to be employed in Spain,
or documented proof that you meet the necessary requirements to work on
your own account, when you are going to be self-employed in Spain.
You should carry your residence card with you at all times as it constitutes
a mandatory identity card for foreign residents in Spain.
The Residence permit for non-EU foreigners
Non-EU foreigners need a residence permit to live in Spanish territory.
To enter the Spanish territory the foreigner would be required to show
his valid passport and the corresponding visa. In order to remain in Spain
after a period of time exceeding 90 days, it is necessary to obtain either
an extension or a residence permit.
There are different types of residence permits:
• Temporary residence permit: This allows you to remain in Spain for a
period of time between 90 days and 5 years, your residence permit may be
renewed after that limit.
• Permanent residency permit: This is available to all foreigners who
have held a normal residence permit for a continuous period of 5 years.
It should be renewed every 5 years.
• Residency permit for special circumstances such as for non-EU foreigners
"moved considered"; for non EU-foreigners whose asylum application had
been rejected and whom the Spanish Ministry of Interior has authorised
them to remain in Spain…
• Residency permit for reuniting families: This permit entitles the non-EU
foreigner residing in Spain to apply for Spanish residence of his closest
family. The applicant shall have been legally residing in Spain for at
least 1 year and must have authorization for another year residing in Spain.
The residency permit application needs to be made in person to the Foreigners'
Office (Oficina de Extranjeros) or at the National Police Station with
a foreigners' department nearest to the city or town where you are going
to live, you will be required to present some documentation depending on
the type of residence permit applied.
You must present the following documentation:
• Valid passport.
• Residence visa in force.
• Proof of previous legal residence of the foreigner in Spain e.g. a long-term
rental contract or receipts for rent;
• Certificate of criminal record issued by the authorities of the foreigner's
home country.
• Some passport-size photographs.
• Medical certificate (certificado medico), in the cases that the applicant
had not presented it when obtained his visa residence.
• Proof of financial income to support you during the period of residence
in Spain, such as pensions, work salaries…
• Proof that your health assistance is guaranteed during your residence
in Spain.
• Marriage or divorce certificate or other papers relating to your marital
status, plus a Spanish translation will be required when applying for reuniting
your family.
Renewals of residency permits are available, provided that neither the
personal or the economic situation of the non-EU foreigner have changed.
The renewal needs to be made at least a month before the residence permit
has expired, otherwise the foreigner could be fined.
Residence permits are issued by the Spanish Ministry of the Interior (Ministerio
del Interior). You should carry your residence card with you at all times
as it constitutes a mandatory identity card for foreign residents in Spain,
it shows your fiscal registration number (NIE).
Visas
Foreigners from the EU do not need a visa to enter Spain, but just a passport
or an official ID.
Non-EU foreigners, on the other hand, do need a visa to enter Spain, except
if there is an agreement between Spain and the foreign country, by means
of which the requirement of a visa is eliminated for citizens or residents
of such countries when they will be staying in Spain for up to 3 months
within a 6 month period, or for a transit stay of maximum 5 days.
You may apply for a visa to the Spanish Consulate located in your home
country before you leave, visas are handled by the Spanish Ministry of
Foreign Affairs through its consulates abroad.
There are different types of visas, which are issued depending on your
purpose for entering Spain: studying, working, holiday, investment …. You
should apply for your visa according to your needs, you cannot enter Spain
on a tourist visa and then apply to stay as something else without returning
to your home country and obtaining the appropriate visa first.
You should be required to produce some specific documentation, depending
on the type of visa you need. The visa process will take some weeks and
varies from case to case.
Genrally spoken, there are four types of visas:
•
Transit visa:
Consists of two types:
o One for individuals or groups of foreigners passing through Spanish
ports or airports without entering Spanish territory.
o One that allows foreigners to pass through Spanish territory with a
maximum of 5 days.
•
Temporary stay visa:
Consists of two types:
o Short-duration visa: issued for foreigners who wish to stay in Spain
for up to 3 months within a 6-month time period. There are different categories,
such as:
• Group visas for short stays (no longer than 30 days).
• Visas to study in Spain.
o Multiple-stay visas: issued for multiple stays adding up to 90 days
within six months during one year
•
Residence visa
It should not be confused with the Residence permit, which is also necessary
in most of the cases. This is initially granted for 1 year, and it may
be renewed for an additional 2-years period, once it has expired, you may
apply for permanent residency visa, which must be renewed every five years.
There are specific categories:
o For reuniting a family: It could be given to the spouse provided that
his matrimony is valid; to the descendants of the principal, provided that
they are not married and are under 18 years of age.
o For working in Spain for at least one year without having criminal records
when the foreigner needs a work permit or when the foreigner is a professional
who does not need a work permit such as university professors, when professionals
are hired by a Spanish university, or scientists, when they are hired by
Spanish Government.
o For asylum, this is issued for foreigners with refugee status.
•
Courtesy visa:
Visas for Diplomatic personnel or similar
Spain
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