Working without a community card

Is it possible to work legally without a community card?

Working without the community card: many of our clients ask us if a family member of a community resident or a Spanish citizen can work without having a community card. If you don’t know what the community card is, check out this link.

Well, although the quick answer we often receive from immigration offices, Social Security bureaucrats, and even from other lawyers who may not be familiar with the community system is that you cannot work without a residence card, you can actually start a work activity even without having the family member of a community card.

As we have explained in other cases, the community system establishes a series of rights regardless of whether you have a residence card or not; that is, the card does not constitute the rights to independent movement, establishment in Spain, or the exercise of employment or professional activities.

How to work without the community card

Actually, the community system establishes those rights regardless of whether we have a card or not.

The rule establishes the obligation to obtain the corresponding card or certificate of community resident for cases in which the family member of a community resident or Spanish citizen, or of a citizen of the European Union, intends to stay in Spain for more than 90 days.

In other cases, it is not necessary to have the community card to be able to work. The next point to mention is that we do have inherent rights under the community system, and one of those rights is the right to exercise employment or professional activities.

Whether we have this card or not, as mentioned, does not affect our possession of these rights.

The card or the residence certificate are not roles of residence or authorization to work as in the general system, but rather just an identity document that serves to prove our status as a family member of a EU citizen residing in Spain.

We already possess these rights as the law establishes them, and we demonstrate them easily and positively with the possession of the Community Card or the certificate of registration of a Union citizen.

Therefore, it is possible to work without having the card if we are integrated into the community system and we can work without having the EU residence certificate if we are EU citizens.

It will be sufficient to request the assignment of a Foreigner Identification Number (NIE) for the purpose of registering and affiliating with Social Security and paying the taxes derived from the exercise of employment or professional activity.

Frequently Asked Questions

What are the most common challenges faced by workers who do not have a community card?

Workers without a community card often face significant challenges, such as lack of access to certain labor and social benefits. Additionally, they may encounter restrictions in terms of employment and job opportunities, as some companies may prefer to hire individuals with more stable immigration status.

How can workers without a community card effectively seek employment?

It is crucial for workers without a community card to focus their efforts on jobs that do not necessarily require that specific documentation. They can explore opportunities in sectors with fewer restrictions on hiring individuals with different immigration statuses. Additionally, seeking employers willing to sponsor visas or immigration statuses can be a viable strategy.

Are there resources or support programs for workers without a community card?

Yes, there are organizations and programs that provide support to workers without a community card. Some NGOs and government agencies offer legal advice, educational resources, and employment services. There are also community networks that can provide valuable information and emotional support to those facing workplace challenges due to their immigration status.

How can employers help workers who do not have a community card?

Employers can play a crucial role in providing an inclusive and accessible work environment. They can collaborate with local organizations to gain insights into the specific challenges faced by workers without a community card and seek practical solutions. Additionally, offering training and professional development programs can enhance employees’ skills, opening up opportunities for roles that are not limited by immigration restrictions.

What are the legal risks for workers working without a community card?

Working without a community card can entail legal risks, as lack of proper documentation may result in penalties, fines, or even the possibility of deportation. It is essential for workers to seek legal advice to understand their rights and potential legal consequences, and consider regularizing their immigration status whenever possible.