Spain: Mobility of foreigners admitted as researchers in Member States of the European Union.
6 min readMobility of foreigners admitted as researchers in Member States of the European Union: It is a residence and work authorization that enables foreigners admitted as researchers in a Member State of the European Union to continue the research project in Spain for more than three months.
BASIC REGULATIONS
Council Directive 2005/71 / EC of 12 October 2005 on a specific procedure for the admission of third-country nationals for the purpose of scientific research.
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (articles 18.1 and 38 bis).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 73 to 84).
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 during the last five years for crimes existing in the Spanish law.
Not be prohibited from entering Spain and not appear as rejectable in the Member States of the Schengen Area.
Not suffer any of the diseases that can have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.
Pay the fees for processing the temporary residence authorization and for the work authorization.
That the investigation body be authorized to sign agreements and, consequently, appear in the list that the Ministry of Economy and Competitiveness makes for such purposes. Information may be collected by consulting the page: http: //www.idi.mineco.gob.es/portal/site/MICINN
That the research project is accepted by the research organization and that its object, duration and material and financial means for its realization be determined.
The investigation body must be registered in the corresponding regime of the Social Security system and be aware of the fulfillment of its tax obligations and against Social Security.
The research body must have signed a host agreement with the researcher, which will incorporate the employment contract signed by the agency and the foreign researcher, with a validity start date conditioned on the granting of the authorization.
Possess 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 – 04) in duplicate, duly completed and signed by the investigation body. This form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Full copy of valid passport or travel title.
Documentation accrediting having been admitted as a researcher in a Member State of the European Union.
Documentation accrediting the research project that is being carried out in the Member State of the European Union.
Documentation accrediting the professional qualification legally required for the exercise of the profession.
Documentation that identifies the research body in Spain:
Copy of the NIF of the Organization and copy of the deed of incorporation, where appropriate, 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 agency.
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.
Reception agreement signed by the researcher and the research organization, with the descriptive report and work contract.
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.
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 request: the natural person who has been assigned the legal representation of the investigation body personally. (See Fact Sheet on Legitimate Subjects).
Place of presentation: Immigration Office of the province where the research project will begin. 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.
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, if the validity of the authorization is equal to or greater than six months:
Compensation of less than 2 times the SMI, section 1.2 on behalf of others for investigation, to be paid by the employer
Compensation equal to or greater than 2 times the SMI, heading 1.7 on behalf of others for investigation
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. (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 the interested party had opted for electronic or regulatory notification, they 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 duration of the initial authorization of temporary residence and work for research will always be greater than three months and coincides with that of the duration of the research project, with a maximum of five years.
The authorization will be limited to the exercise of the research activity for which it was granted.
The researcher must be affiliated (or affiliated) and / or registered in the corresponding Social Security scheme within one month of the notification of the resolution. If it has not occurred, the competent authority may resolve the termination of the authorization.
If the duration of the authorization is longer than six months, the investigator must personally request the Foreigner Identity Card, within one month of notification of the resolution at the Aliens Office or Police Station of the province where You have processed the authorization. To see where to go, the schedule and, where appropriate, the previous appointment, you can consult at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html.
The applicant will show his passport or travel document at the time of the fingerprint process to prove his identity 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.
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: 01/2016
Feel free to CONTACT us if you wish. Our team will be happy to assist you. Thank you for your trust in our Lawyers Network!
