Spain: Authorization for seasonal or campaign work within the framework of transnational services.
10 min readAuthorization for seasonal or campaign work within the framework of transnational services:
It is a temporary residence and work authorization that allows temporary displacement to work centers in Spain of the same company or business group to carry out seasonal or campaign activities.
BASIC REGULATIONS
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (article 43.2).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 110 to 116).
Law 45/1999 of November 29, on the Displacement of Workers in the framework of a provision of transnational services.
REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Not be found irregularly in Spanish territory.
Lack of criminal records in Spain and in their previous countries of residence for crimes existing in the Spanish law.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
Not being, where appropriate, within the commitment period of no return to Spain that the foreigner has assumed by voluntarily returning to their country of origin.
That the residence of the worker in the country where the company that displaces him is stable and regular.
Having developed the professional activity in the country where your company is located on a regular basis and for at least one year.
Having been at the service of the company that displaces you for at least nine months.
The company that displaces must guarantee to the worker displaced to Spain the applicable working conditions in accordance with the provisions of Law 45/1999.
Unless the activity to be performed by the worker requires a direct and reliable knowledge of the company, the national employment situation must allow hiring. It allows it if:
The job offer or vacancies have vacancies after they have been made available to the State Public Employment Services and the Autonomous Communities and published for twenty-five days so that workers resident in Spain can previously attend their coverage.
The workers have been holders of seasonal work authorizations for two calendar years and have returned to their country.
That the company or companies in which the worker is going to provide service are or are enrolled in the Social Security system regime and are up to date with the fulfillment of their tax obligations and against Social Security.
The employer or employers must have sufficient economic, material or personal means for their business project and to meet the obligations assumed in the contract against the worker.
If the employer is a natural person, he must prove, once the payment of the agreed salary has been deducted, 100% of the IPREM if there are no dependents.
If the family unit includes two members, 200%. If the family unit includes more than two people, 50% of the IPREM must be added to the previous amount for each additional member.
That adequate accommodation is made available to the worker that meets the conditions set forth in the regulations in force and provided that adequate dignity and hygiene of the accommodation is guaranteed.
That the employer (s) organize the trips to Spain and back to the country of origin and assume, at a minimum, the cost of the first of such trips and the round trip transportation costs between the entry point to Spain and the place of accommodation.
That the employer has acted diligently in order to guarantee the return of workers to their country of origin on previous occasions.
Have the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
That the duration of the activity has a maximum limit of nine months, within the period of 12 consecutive months.
That the worker undertakes to return to the country of origin once the employment relationship has ended.
REQUIRED DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time the application is submitted.
Application form in official form (EX – 08) in duplicate, duly completed and signed by the company that displaces the worker. This form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Documentation referred to the worker:
Full copy of valid passport or travel title.
Copy of the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
Commitment of the worker to return to the country of origin once the employment relationship has ended.
Where appropriate, documentation proving that he has been the holder of work authorization for seasonal activities for two calendar years and having returned to his country, or documentation proving that the activity to be performed by the worker requires a direct and reliable knowledge of the company .
Documentation referring to the company that displaces you:
Documentation that identifies the company that it displaces and its fiscal address.
Public document proving that the signer of the authorization request has the legal representation of the company that displaces the worker, as well as the signer’s identification document.
Work contract of the foreign worker with the company that displaces him.
Certificate of displacement of the competent Authority or Institution of the country of origin proving that the worker continues to be subject to their Social Security legislation. If there is no International Social Security Agreement or Instrument, a public document for the appointment of the legal representative of the company for the fulfillment of the Social Security obligations.
Documentation accrediting:
That the residence of the worker in the country where the company that displaces him is stable and regular.
That the professional activity of the foreign worker in the country where the company resides is habitual.
That guarantees its displaced workers the requirements and conditions set forth in Law 45/99, of November 29.
Documentation referring to the company receiving the benefit:
Document that identifies the company:
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 person (S.A., S.L., Cooperativa, etc.): copy of the NIF and copy of the deed of incorporation of the company, duly registered in the corresponding Registry.
Deed or public document proving that the displacement occurs in the same company or group, or descriptive report of the characteristics and profile of the job, specifying professional category, expected duration of the displacement and period for which the authorization is requested.
Proof that the company can guarantee the necessary solvency, through: the declaration of personal income tax, or VAT, or Corporate Tax or the report of the company’s working life (VILE), referred to the last three years. Likewise, a descriptive report of the occupation to be carried out must be provided.
Documentation accrediting to have adequate accommodation for the worker.
Commitment to organize trips to Spain and return to the country of origin and to assume, at a minimum, the cost of the first of such trips and the costs of round-trip transportation between the entry point to Spain and the place of accommodation.
Where appropriate, supporting documentation of having acted diligently in order to guarantee the return of workers to their country of origin on previous occasions.
Important note: when documents from other countries are provided, they must be translated into Spanish or co-official language of the territory where the application is submitted.
On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention.
PROCESS
Subject legitimized to submit the application: the employer who intends to displace, personally or through whom the corporate legal representation is attributed. (See Fact Sheet on Legitimate Subjects).
Place of presentation: Immigration Office of the province where the services will be provided. The address information, telephone numbers and customer service hours can be consulted at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html.
Deadline for submission: applications must be submitted at least three months before the start of the worker’s work activity.
The residence and work rates: will be accrued at the time of admission to the application process, and must be paid within ten business days, they are:
Model 790 code 052, section 2.1 initial authorization of temporary residence, to be paid by the foreign worker
Model 790, Code 062 section 3.1 “season or campaign authorization”: to be paid by the employer or employers provided that the work authorization has a duration equal to or greater than six months
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
Deadline for resolution of the application: 45 days from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having practiced the notification, it may be understood that the request has been dismissed due to administrative silence.
In the case of a concession, the worker has one month from the notification to the employer (s), to personally apply for the visa for residence and seasonal work in the diplomatic mission or consular office in whose demarcation resides. (When it has not been possible to notify the resolution, it will be announced in the Single Edictal Board (TEU) https://boe.es/tablon_edictal_unico. If an electronic or regulatory notification had been chosen, it would be obliged to use that means, the resolution will be notified by publication in the electronic headquarters If the resolution is not accessed within 10 business days from its publication, it will be notified). The visa application must accompany:
Ordinary passport or travel title recognized as valid in Spain with a minimum validity of four months.
Criminal record certificate issued by the authorities of the country of origin or of the country or countries where you have resided during the last five years.
Medical certificate.
Document signed by the worker for which he undertakes to return to the country of origin once the employment relationship has ended.
Proof of having paid the visa fee,
The diplomatic mission will decide on the request within one month.
Notified the granting of the residence and seasonal work visa, if applicable, the worker must pick it up personally within one month from the date of notification. If the collection is not made within the aforementioned period, it will be understood that he has resigned and the file of the file will be produced.
The visa will incorporate the residence and work authorization, whose validity will begin from the date of entry into Spain, which will be included in the passport or travel document.
In the event that the worker has to be registered in the Spanish Social Security, the employer has a period of one month, from the entry of the worker in Spain, to proceed to affiliation and registration in the corresponding scheme. If after this period there is no evidence that they have been discharged, the competent authority may resolve the termination of the authorization, requiring the employer the reasons why the employment relationship has not been initiated, and if no justification or the reasons Reasons mentioned were insufficient, further requests may be denied, as well as the possible concurrence of a serious infraction.
Once the employment relationship is over, the worker must return to their country of origin, and present themselves at the diplomatic mission or consular office that issued the visa within one month of the end of their work authorization in Spain. Failure to comply with this obligation may be grounds for refusal of subsequent requests for authorization to work, during the three years following the end of the authorization granted.
EXTENSION
Depending on the initial hiring period, season or campaign authorizations may be extended up to nine months.
Subject legitimated to submit the application: the employer who has displaced the worker, personally or through representation.
Place of presentation: in any public registry and addressed to the Foreign Office of the province where the services will be provided. The address information, telephone numbers and customer service hours can be found at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
Deadline for submission: applications must be submitted during the 60 calendar days prior to the expiration date of the validity of the authorization.
The residence and work rates: will be accrued at the time of admission to the application process, and must be paid within the following ten business days, they are:
Model 790, Code 052 section 2.2 “renewal of temporary residence authorization”, to be paid by the foreign worker
Model 790, Code 062: to be paid by the employer:
Compensation of less than 2 times the SMI, heading “extension of work authorization in the framework of transnational service benefits” 6.1
Compensation equal to or greater than 2 times the SMI, heading “extension of work authorization in the framework of transnational service benefits” 6.2
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
Deadline for resolution of the application: 45 days from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having made the notification, it may be understood that the request has been granted due to administrative silence. (When it has not been possible to notify the resolution, it will be announced in the Single Edictal Board (TEU) https://boe.es/tablon_edictal_unico. If you had opted for electronic or regulatory notification, you were obliged to use that means, the resolution will be notified by publication in the electronic headquarters If the resolution is not accessed within 10 business days of its publication, it will be notified).
*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.
Last update: 01/2016
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