Spain: Initial authorization for temporary residence and paid employment.
8 min readInitial authorization for temporary residence and paid employment: It is a temporary residence and employment authorization that an employer or employer requests for the hiring of a worker who is not located or residing in Spain.
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 and 40).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 62 to 70).
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.
Pay the fees for the processing of the residence authorization and the work authorization for others.
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.
Present a contract signed by the employer and worker that guarantees the worker an ongoing activity during the period of validity of the authorization to reside and work. The date must be conditional on the effective date of the residence and work authorization.
The conditions set in the employment contract must be adjusted to those established by current regulations. If the contract is part-time, the remuneration must be equal to or greater than the minimum interprofessional minimum salary for full-time and annual calculation.
The requesting employer must be enrolled in the Social Security system regime and be aware of compliance with their 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
Possess the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
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 – 03) 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.
Copy of the documentation proving that you have the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
Documentation referring to the company, except domestic service:
Documentation that identifies the company 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.
Copy of the public document proving that the signer of the authorization request has the legal representation of the company.
Copy of the NIF or NIE or consent to verify the identity data through the Identity and Residence Data Verification System of the signatory of the application.
Signed work contract. You must submit original and copy. 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 any event of non-consideration of the national employment situation. (See fact sheet with assumptions and precise documentation).
Proof that the company can guarantee the necessary solvency, through: copy of the tax return, or VAT, or the 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.
Employer documentation if the activity is domestic service:
Copy of the NIF or NIE of the employer or consent to verify the identity data through the Identity and Residence Data Verification System.
Signed work contract. You must submit original and copy. 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 the fact sheet that refers to the assumptions and the precise documentation).
Copy of the last tax return or income certification issued by the Tax Administration or other documentation that proves sufficient solvency for the hiring.
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 legitimated to submit the application: the employer or employer, 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 province where the services will be provided. If the company has work centers in more than one province and more than 500 workers, in the Large Companies Unit of the General Directorate of Immigration. Address information, telephone numbers and customer service hours can be found at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html”>http://www.seap. minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html”>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, to be paid by the employer:
Compensation of less than 2 times the SMI: heading 1.1 on behalf of others with residence authorization
Compensation equal to or greater than 2 times the SMI .: section 1.6 on behalf of others with residence authorization
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 may be understood that the request has been dismissed 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://www.boe.es/tablon_edictal_unico. If you have opted for electronic or normative notification, you are obliged to use that medium, the resolution will be will notify by publication in the electronic headquarters. If the resolution is not accessed within 10 business days of its publication, it will be notified).
In the case of concession, the worker has one month from the notification to the employer, to personally apply for the visa in the diplomatic mission or consular office in whose demarcation he resides. 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.
Proof of having paid the visa fee, which amounts to 60 euros.
The diplomatic mission will decide on the request within one month.
Notified, if applicable, the granting of the visa, 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.
The worker must enter Spain during the three-month period of the visa, which enables them to enter and remain in Spain in a situation of stay until their affiliation and registration in the corresponding Social Security scheme occurs, within three months. from the entrance.
Within one month after the worker has registered with Social Security, he must personally request the Foreigners 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:
Foreign student card application, in official form (EX-17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/index.html
Proof of payment of the card fee.
Proof of membership and / or registration of Social Security.
Three recent color photographs, in white background, passport size.
*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: 01/2015
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