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.

Under Order PRE/2072/2011, of July 22, 2011, the transitional period for access to the Spanish job market for Romanian citizens has been reactivated. The new regulation determines that Romanian citizens who intend to come to Spain to work as employees must apply for a prior permit based on the existence of an employment contract. This measure will be reviewed at the end of 2012, at which time a decision will be made on whether or not to end the transitional period.

• 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.

Moreover, there is a special procedure for authorizing foreigners to enter, reside and work in Spain where their work is for employment-related, economic or social reasons, or the purpose of which is the performance of research and development or teaching work which requires a high level of qualification, or artistic performances of special cultural interest. This special procedure incorporates specific, more flexible mechanisms for the processing of work and residence permits (for both ordinary and cross-border employees) for qualified workers and for any family members who simultaneously process their permits.

In order to access this new Unit, enterprises must meet certain requirements relating to the number of employees, volume of the net sales value or net equity and the volume of investment in Spain, or belong to certain strategic sectors.

Lastly, of interest is the approval of Directive 2011/98/EU of the European Parliament and of the Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. This Directive will have to be transposed and incorporated into national legislation before December 25, 2013. The UK, Ireland and Denmark do not take part in the adoption of the Directive and therefore are not bound by it..

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. This validity will only apply for the autonomous community where the worker has his residence.	The initial period has a minimum of 6 months and a maximum of one year. It may be extended at the end of its validity taking into account that each extension can never exceed one year.
Fixed-term employed 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.	The lenght of the contract, or activity, with a maximum of one year (except for seasonal contracts up to a maximum of 9 months in a 12-month period).
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.	Duration of the assigment with a maximum of one year. It may be extended by one year or for the period set in the international agreements that Spain has signed, if there are identical conditions that those demanded to get the initial authorizations.
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.	The duration of the initial authorization is 3 months with a max up to 5 years. It is renewable annually, except in the case of long-term residence authorization, whenever the holder still meats the requirements established for the initial authorization.
Residence and work of highly qualified professionals in possession of an EU blue card.	It is granted to those who certify higher education qualifications (understood as those deriving from higher education lasting at least three years), or exceptionally, have a minimum professional experience of five years that could be considered comparable. Holders of EU blue card that have resided for at least eighteen months in another EU country may obtain this authorization.	Duration of one year, renewable for biannual periods, unless a long-term residence permit is applicable.

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 (note that the procedure in the special Unit for Large Companies is easier and faster):

1º	PRELIMINARY PHASE: ANALYSIS OF NATIONAL JOB SITUATION
Catalog of hard-to-fill jobs/SEPE (Public Service for National Employment Public) (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 (3 months). Employer must register foreigners in the social security system within 3 months after entry. Employer must register the contract with the Public Service of Employment. Foreigners must apply for residence card within 1 month after entry registration of foreigner within the Social Security system.

 

For more information, please review the Labor Guide 20011, elaborated by the Ministry of Labor and Inmigration.

 

Prepared by Garrigues

Last updated: 12|03|2012