Spain: Authorization for temporary residence and employment for a fixed term, senior management, athletes, artists.
10 min readAuthorization for temporary residence and employment for a fixed term, senior management, athletes, artists: It is a temporary residence and employment authorization for a fixed duration that an employer or employer requests for the hiring of a senior management worker, professional athlete or artist in public spectacle.
BASIC REGULATIONS
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (articles 36, 38, 40 and 42).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 97 to 102).
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 having entry into Spain prohibited and not listed 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.
Possess the administrative licenses that, where appropriate, are required for the development of the professional activity.
That the national employment situation allows hiring. It allows it if:
The occupation that the worker will perform in the company is included in the catalog of occupations of difficult coverage that the Public State Employment Service publishes quarterly.
The competent Immigration Office considers that the job position could not be filled under the certificate issued by the Public Employment Service on the management of the job offer.
The authorization is addressed to nationals of States with which Spain has signed international agreements (Chile and Peru).
They can prove the concurrence of an assumption set forth in article 40 of Organic Law 4/2000.
That the employer submit a contract whose working conditions conform to those established by current regulations and that guarantee continued activity during the period of validity of the authorization to reside and work.
That the applicant company is registered in the Social Security system regime and is aware of compliance with its tax obligations and against Social Security.
The employer must have sufficient economic, material or personal means for its 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 the employer has acted diligently in order to guarantee the return of workers to their country of origin on previous occasions.
Possess the qualification, where appropriate, for the exercise of the profession.
That the duration of the activity has a maximum limit of twelve months, after which it will not be subject to an extension, unless there are circumstances.
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-06) in duplicate, duly completed and signed by the company you hire. 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.
Proof that the worker has the required training for the exercise of the profession, when appropriate.
Administrative license that, where appropriate, is required for the development of professional activity.
Commitment of the worker to return to the country of origin once the employment relationship has ended.
Documentation referring to the company, companies or business organization:
Documentation that identifies the company or business organization requesting 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 person (S.A, S.L., Cooperativa, etc.):
Copy of the NIF of the company and copy of the deed of incorporation duly registered in the corresponding Registry.
Public document proving that the signer of the authorization request has the legal representation of the company.
Copy of the NIF or NIE of the signer of the application or consent to verify the identity data through the Identity and Residence Data Verification System.
Signed work contract. Original and copy must be submitted. The copy will be stamped by the Aliens Office and returned for later presentation by the foreigner along with the application for a residence and work visa.
Documentation accrediting not taking into account the national employment situation. (See fact sheet with assumptions and precise documentation).
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.
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 or entrepreneur or business organization, personally, or through a legitimized subject that has the corporate legal representation attributed. (See fact sheet on legitimate subjects).
Place of presentation: Immigration Office of the Delegation or Subdelegation of the Government 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
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 3.2 work or service authorization and temporary, to be paid by the employer 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: 3 months 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 concession, the worker has one month from the notification of the employer, to personally apply for a residence and work visa in the diplomatic mission or consular office in whose demarcation he 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 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 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.
Copy of the contract presented and stamped by the Aliens Office.
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 work visa, if applicable, the worker must collect it 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.
Once the visa is collected, the worker must enter Spanish territory within the validity period of the visa, which will not exceed three months.
After entering Spain, the worker has three months to begin his activity and that his affiliation is made, high and subsequent contribution in the terms established by the Social Security regulations that may be applicable.
Once the worker has been registered with the Social Security, if his residence and work authorization has a duration of more than six months, he must personally request the Foreigner Identity Card at the Aliens Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment you can consult http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will display his passport or travel document at the time of the fingerprint process and will provide:
Foreigner identity card application, in official form (EX 17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Proof of payment of the card fee.
Proof of membership and / or registration of Social Security, if applicable.
Three recent color photographs, in white background, passport size.
The fee for issuing the card.
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
If the authorization granted is valid for less than twelve months, an extension of the authorization may be requested up to the aforementioned maximum limit of twelve months, for the realization of the same work, service or activity specified in the contract, without prejudice to the exceptional possibility to extend the authorization if the employer accredits supervening circumstances that determine the need for continuity of the employment relationship and provided that it is not contrary to the labor regulations that may be applicable.
Subject legitimated to submit the application: the employer or entrepreneur or business organization, personally, or through representation.
Place of presentation: in any public registry and addressed to the Immigration 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 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, heading 4. Work authorization extensions for employed persons of fixed duration, to be paid by the employer provided that the extension 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: 3 months 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 will be understood that the request has been estimated 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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