Spain: Temporary residence and work authorization for a fixed term or campaign.
9 min readTemporary residence and work authorization for a fixed term or campaign: It is a temporary residence and work permit for a fixed-term employment for 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 (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.
That the national employment situation allows 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 employer or employers submit a contract or signed contracts 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 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 or employers have 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 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-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.
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 a work authorization holder for seasonal activities for two calendar years and having returned to his country.
Documentation referring to the company, companies or business organization:
Documentation that identifies the company or companies that hire the worker and, where appropriate, that of the business organization requesting the authorization and, in the event that more than one contract is presented:
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.
Contract or signed employment contracts. 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.
Where appropriate, documentation proving the result of the management of the job offer in the Public Service of State Employment and the Autonomous Communities.
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 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
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 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
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://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 it 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.
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 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.
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 Social Security 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 his country of origin, and present himself at the diplomatic mission or consular office that issued him on a visa within one month of the end of his 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 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
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 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://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 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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