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 to obtain an employee or self-employed work authorization, and have the same labor rights as Spanish citizens.

Foreigners belonging to this group may live in Spain without needing a residence card, as may certain members of their family with a valid identity card or passport, for less than three months. For longer periods of time, EU citizens must apply for a EU Citizen Certificate. Relatives of EU citizens that are not nationals of EU Countries still have to apply for EU citizens’ family 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 authorization from the Ministry of Employment and Immnigration. 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 (however, they would not be entitled unemployment benefits).

There are various types of work authorization, depending on the type of work and its duration. 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 an alien identity card, renewable every five years.

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 years.
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, artistes, and vocational training and work experience.	Nonrenewable 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 advise 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.

 

Additionally, it is worth commenting the Agreement of the Government of February, 16, 2007, that establishes a specific procedure for the work and residence of foreigners with a professional activity that requires high qualifications and is relevant from the economic, social, and labour point of view, related with research activities, or artistic acts of special cultural interest. The procedure, applicable to certain Companies upon the fulfilment of some requirements, simplifies the procedure of obtaining Authorisation for these employees and their relatives.

Basic outline of the employed work authorization application procedure:

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

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

AUTHORIZATION GRANTED Employer notified by competent agency

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

ARRIVAL IN SPAIN Foreigners must enter Spain while visa is valid. Employer must notify social security authorities of new hire (within 1 month at most 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 at most after entry)

 

For more information about Spain´s labor & social security legislation, please download the following document:

 

 

Labor and Social Security regulations (2123kb.)

Prepared by Garrigues

 

Last updated: 24|02|2010