Spain: Mobility of workers holding a Blue-EU Card issued in another State of the European Union.
7 min readMobility of workers holding a Blue-EU Card issued in another State of the European Union: It is a residence and work authorization that enables foreigners holding a Blue-EU Card issued in another State of the European Union to exercise qualified employment in Spain.
BASIC REGULATIONS
Council Directive 2009/50 / EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for purposes of highly qualified employment.
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Article 38b).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 84 to 93).
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.
Having lived eighteen months as a Blue-EU card holder in another State of the European Union.
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).
It is 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 established in the employment contract must be adjusted to those established by current regulations, and the annual gross salary must be at least 1.5 times the average gross annual salary. However, the salary may be 1.2 times the annual gross salary in those professions in which there is a particular need and belong to groups 1 and 2 of the International Standard Classification of Occupations, ISCO (see annex)
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 – 05) in duplicate, duly completed and signed by the company or, where appropriate, by the same worker. 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.
Copy of the training required for the exercise of the profession, when appropriate, duly approved.
Documentation accrediting being a Blue-EU Card Holder issued in another Member State of the European Union.
Documentation 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 of the company and copy of the deed of incorporation duly registered in the corresponding Registry.
Copy of the public document proving that the signatory of the contract 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 signer of the application or contract.
Signed work contract.
Where appropriate, documentation proving that the national employment situation is not taken into account. (See fact sheet with assumptions and precise documentation).
Proof that the company guarantees the necessary solvency, through: the declaration of personal income tax, or VAT, or the Corporate Tax or the report of the company’s working life (VILE), referring to the last three years. Likewise, a descriptive report of the occupation to be carried out must be provided.
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 application: the employer or employer, personally, or through a legitimized subject that has the legal business representation attributed. (See Fact Sheet on Legitimate Subjects), or, where appropriate, the same Blue-EU Card holder worker.
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 found at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
Application deadline: at any time prior to entry into Spain or within one month from the date it is made.
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, if the validity of the authorization is equal to or greater than six months:
Compensation of less than 2 times the SMI, section 1.3 on behalf of third parties of highly qualified professionals holding Blue-EU Card
Compensation equal to or greater than 2 times the SMI, section 1.8 on behalf of others of highly qualified professionals holding Blue-EU Card
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
If during the processing of the procedure the validity of the Blue-EU Card of the first Member State is terminated, a stay authorization will be granted whose validity will be extended until the termination of the procedure in Spain.
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.
The resolution will notify the employer and the worker, suspending the effectiveness of the authorization until membership and / or registration in the corresponding Social Security scheme. (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).
If within one month of the notification of the resolution the worker has not been registered in Social Security, he is obliged to leave the national territory.
Within one month of being registered in Social Security, the worker must request, in person, 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 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 relatives of the blue-EU card holders may obtain a residence permit, for information on the requirements and the procedure you can consult the available information on family reunification.
*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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