Many foreigners who are not citizens of the EU wish to work legally in Spain. There are several options to work legally, including visas for highly skilled workers, entrepreneur visas, among others.
In this article, we will focus on the residence and work authorization permit for employed workers. This permit allows you to work as an employee in any company in the country. Typically, it is the most suitable option for foreigners in this country.
What is the residence and work permit for employed workers in Spain?
If you don’t want to start your own business or your job position is not a managerial one, this visa, the residence and work permit for employed workers, is the most suitable for you.
The residence permit for employed workers in Spain is the ideal work visa for all foreigners who have a regular job offer in Spanish territory.
The main requirement to obtain it is to find a job offer in Spain while you are still in your home country.
An important point to note is that you cannot apply for this visa from within Spain.
However, if you are already in Spain and want to apply, there is another type of work permit that you can apply for from within Spain, the residence permit for highly skilled workers.
Your employer initiates this procedure by signing the application document. This permit grants authorization for residence and work for one year initially, which can be renewed for two years the first time.
Your new employer initiates the procedure and signs the application document. This permit is initially valid for one year, renewable for two years the first time, and an additional two years the second time. Afterward, you can obtain permanent residency in Spain.
Process of applying for the initial residence permit for employed workers in Spain
The application for the residence permit for employed workers in Spain must be submitted in person by the employer or business owner at the office in the province where the services will be provided.
If it is the first time you are applying for this permit, you must submit the application for the initial residence and work permit for employed workers.
The deadline for submitting the application for the initial residence and work permit for employed workers is approximately 3 months from the day following the date it was received by the competent authority for processing.
The worker must enter Spain within the three-month validity period of the work permit visa for employed workers, which allows entry and stay in Spain under a stay permit until their affiliation and registration in the corresponding Social Security regime is completed, within the three-month period from entry.
Within one month from the worker’s registration with Social Security, they must personally apply for the Foreigner Identity Card (TIE) at the Foreigners’ Office or Police Station in the province where the authorization was processed. Information on where to go, opening hours, and whether an appointment is required should be provided.
Requirements for Initial Residence and Work Permit for Employed Workers
For the Worker:
- Present a labor contract that complies with current labor regulations.
- Mandatory registration in the Social Security system.
- Compliance with tax and Social Security obligations.
- Sufficient funds for the project and to meet obligations assumed with the worker.
- If an individual, demonstrate, after deducting the agreed salary payment, 100% of the IPREM if there are no dependents.
- Various situations may be presented.
For the Employer:
- Copy of the valid passport or travel document.
- Documentation proving qualification.
- Company documentation, except for domestic service:
- Identification documentation of the company requesting the authorization:
- For sole proprietorship: copy of the NIF or NIE, or consent to verify identity data through the Identity and Residence Data Verification System.
- For legal entities (S.A., S.L., Cooperative, etc.):
- Copy of the company’s NIF and copy of the duly registered deed of incorporation in the corresponding Registry.
- Copy of the public document proving that the signatory of the authorization application holds the legal representation of the company.
- Copy of the NIF or NIE or consent to verify identity data through the Identity and Residence Data Verification System of the signatory of the application.
Documentation for Work Visa in Spain
Documentation for the Worker:
- Copy of the valid passport or travel document.
- Documentation proving qualification.
Documentation for the Employer, except for domestic service:
Identification documentation of the company requesting the authorization:
- If it is an individual entrepreneur: copy of the NIF or NIE, or consent to verify identity data through the Identity and Residence Data Verification System.
- If it is a legal entity (S.A., S.L., Cooperative, etc.):
- Copy of the company’s NIF and copy of the duly registered deed of incorporation in the corresponding Registry.
- Copy of the public document proving that the signatory of the authorization application holds the legal representation of the company.
- Copy of the NIF or NIE or consent to verify identity data through the Identity and Residence Data Verification System of the signatory of the application.
Marta Palacios Cuesta is the founder and principal consultant of Es Abogado Extranjería, a law firm specializing in immigration law in Madrid and Seville. With an impressive academic background, Marta offers expert advice on immigration procedures, residency processes and obtaining Spanish nationality. Committed to providing personalized and up-to-date solutions, her firm stands out for its detailed and professional approach. If you need legal guidance regarding your status in Spain, contact Marta for a personalized consultation at Es Abogado Extranjería.