Spanish immigration legislation makes a distinction between foreigners subject to the European Community regime, and foreigners subject to general immigration rules.

• Nationals of EU Member States

Nationals subject to the European Community regime, from other EU Member States, the European Economic Area or Switzerland, do not need an employee or self-employed work authorization, and have the same labor rights as Spanish citizens.

Foreigners belonging to this group that are going to reside in Spain for at least three months should apply personally for their registration in the Foreigners Central Registry, within the three months after their arrival. Relatives that are not citizens of the abovementioned Countries should apply for a special residence card.

• Nationals from non-EU countries

Foreigners not qualifying for the European Community regime require authorization to live and work in Spain, as well as a special work visa. Employers wishing to hire non-EU nationals must obtain prior administrative authorization. However, the lack of a work authorization does not invalidate an employment contract with regard to the foreign worker’s rights, nor does it prevent the foreign worker from obtaining any benefits to which he or she may be entitled.

In July 23, 2009, it has been published in the Official Gazette, the Royal Decree 1162/2009, of July 10, that modifies Organic Lae 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration. Pursuant to that Royal Decree, the Residence and Work Authorization will have to be applied for in the Autonomous Community where the foreigner will work, depending on the responsibilities that that Autonomous Community has assumed in this issue.

Additionally, in December 12, 2009, it has been published in the Official Gazette, the Organic Law 2/2009, that envisages important modifications in foreigners’ regulations, among others, it introduces specialities in work and residence authorizations for researchers and highly qualified professionals (EU blue card).

Moreover, in March 16, 2007, a special Agreement was published in the Official Gazette that establishes a specific procedure for the work and residence of foreigners with a professional activity that requires high qualifications and is relevant form the economic, social, and labour point of view, related with research activities, or artistic acts of special cultural interest. The procedure simplifies the procedure of obtaining Authorisation for these employees and their relatives.

There are various types of work authorization, depending on the type of work and its duration.

Type of Authorization	Scenario	Duration
Employed work and residence authorization	Ordinary work authorization for foreign employees with a steady work situation in Spain.	One year, renewable for two year periods.
Self-employed work and residence authorization	Ordinary work authorization for self-employed foreigners with a steady work situation in Spain.	One year, renewable for two-year periods.
Cross-border workers	Employed or self-employed work authorization for workers residing in a frontier area of a State to which they return every day. Only valid for that specific geographical area.	5 years at most, renewable on expiry.
Temporary work authorizations	The following activities or occupations are authorized: seasonal work, project work or services, senior management, professional sportsmen or women, artists, and vocational training and work experience.	Non-renewable period of one year at most (except for seasonal contracts).
Cross-border assignments	Authorization for foreign employees of an enterprise established in a non-EU or non-EEA country temporarily assigned to Spain for the following reasons: -Contract whereby a foreign enterprise provides services to an enterprise established in Spain. -Temporary assignment of workers between enterprises of the same group (including for training purposes). -Temporary assignment of highly-qualified workers to supervise or advice on project work or services performed by Spanish enterprises abroad.	A maximum of one year, renewable for a further year at most.
Special regime for researchers	It will be granted for foreigner researchers whose stay is exclusively for research projects purposes, in the frame of reception agreement signed with a research organism.	One year duration, renewable annually whenever the holder still meats the requirements established for the initial authorization.
Residence and work of highly qualified professionals	It is granted to whom certifies higher education qualifications, or exceptionally, have a minimum of five year professional experience that could be considered comparable. Holder of EU blue card that has resided at least eighteen months in another EU country will be entitled to apply for this card.	Pending implementation.

Foreigners who have been legally resident in Spain on a continuous basis for five years may, having renewed their employed or self-employed work and residence authorizations, obtain a long duration residence authorization. Once they have this authorization, they must apply for a permanent identity card, renewable every five years.

Basic outline of the employed work authorization application procedure:

1º	PRELIMINARY PHASE: ANALYSIS OF NATIONAL JOB SITUATION
Catalog of hard-to-fill jobs/INEM (National Employment Institute) (exceptions)

2º	WORK AUTHORIZATION APPLICATION
Submitted by employer to competent agency: Government Representative’s Office, Sub-office or Directorate-General of Immigration

3º	AUTHORIZATION GRANTED
Employer notified by competent agency

4º	VISA APPLICATION
Foreigners must submit visa applications to the Spanish Consulate in their State of legal residence within one month from notification by employer of authorization

5º	ARRIVAL IN SPAIN
Foreigners must enter Spain while visa is valid. Employer must notify social security authorities of new hire (within 1 month after entry) as well as must register the contract that caused the authorization within the Public Service of Employment. Foreigners must apply for residence card (within 1 month after entry)

 

For more information, please review the Labor Guide 2009, elaborated by the Ministry of Labor and Inmigration or download the following document on Spain´s labor & social security legislation:

Labor and Social Security regulations (2123kb.)

Prepared by Garrigues

Last updated: 12|07|2010