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Other immigration information

Work

IMPORTANT: See information about residence and work permits for qualified immigration and investors of the Residence Programme. Entrepreneurs Law

 

Is your company going to transfer you from a member country of the EU and EEA and you currently live in the EU- EEA but are not an EU - EEA citizen? (See EU - EEA map)

You must apply for a work visa in the framework of a transnational provision of services in the EU - EEA.

REQUIREMENTS

  • You must be a holder of a work permit in a member country of the European Union.
  • You must be transferred by your company to provide a temporary service in Spain.
  • You must not be in an illegal situation in Spain.

PROCESS

1. APPLICATION FOR RESIDENCE AND WORK VISA IN THE FRAMEWORK OF A TRANSNATIONAL PROVISION OF SERVICES IN THE EU- EEA

WHERE: The Spanish consulate in the applicant’s country of residence. Select the Spanish representative office of your place of residence.

DOCUMENTATION (translated into Spanish):

  • Application for national visa. Click here to download the form.
  • Presentation of passport with a minimum validity of one year.
  • Two recent photographs.
  • Work and residence permit from the applicant’s country of residence.
  • Company certificate (company set up in a member state of the EU - EEA) stating that (i) the worker's professional activity is stable and regular (e.g., the company has been operating for at least one year); and (ii) the applicant will be transferred to Spain temporarily (company's name and address) in the framework of a transnational provision of services, as well as the position he or she is to hold.
  • Notification from the employer, in Spanish, to the relevant Spanish labour authorities, with an entry stamp and the following content:
    • Details of the company transferring him or her to Spain.
    • Company's registered office and tax identification number.
    • Worker's name and post that he or she is to hold.
    • Identification of the company and the work place in Spain.
    • Start date and expected duration of the provision of services.
    • Type of service is to be provided.
  • Certificate of criminal record clearance issued by the relevant authorities of the country or countries where the individual concerned has resided in the five years before the application.
  • Medical certificate.
  • Fees.

2. VISA COLLECTION

WHERE: The Spanish consulate in the applicant’s country of residence. Select the Spanish representative office of your place of residence.

DOCUMENTATION: Passport.

3. APPLICATION FOR TEMPORARY RESIDENCE AND WORK PERMIT IN THE FRAMEWORK OF A PROVISION OF SERVICES IN THE EU - EEA

WHERE: Oficina de Extranjería (Provincial Immigration Office). Select the office that is nearest to your address.

DOCUMENTATION (translated into Spanish):

4. APPLICATION FOR A RESIDENCE CARD FOR FOREIGNERS (only for stays exceeding six months)

WHERE: Police station. Select the police station that is nearest to your address.

DOCUMENTATION:

  • Application for a residence card for foreigners. Click here to download Form EX17. For further information on the residence card for foreigners, please go to the section “Foreigner identification number and residence card for foreigners”.
  • Presentation of passport.
  • Copy of the visa and entry stamp.
  • Three photographs.
  • Registration of residency: registration of the official address with the local authorities.
  • Processing of a temporary residence and work permit in the framework of a provision of services in the EU - EEA.
  • Payment of fees: initial residence card for foreigners (Spanish acronym: TIE) that documentings the temporary residence permit.

ISSUE PERIOD

  • Application for a visa from a Spanish consulate: an average estimated time of two months.
  • Residence card for foreigners: from 20 to 50 days, depending on the area in Spain where it is processed.

Is a company in Spain going to hire you?

You must process a temporary residence and work permit to work as an employee. If the job corresponds to a highly qualified professional profile, the application for a temporary residence and work permit as an employee will be processed as an EU Blue Card.

REQUIREMENTS

  • The national employment must allow for the foreign worker to be hired, (see “National employment situation”) or there must be proof of the worker being in one of the circumstances described in article 40 of Act 4/2000 of January 11, as indicated below.

a. Regrouped relatives of working age, or the spouse or child of a foreign resident in Spain with a renewed permit, as well as the child of a nationalised Spanish citizen or citizens from other member states of the European Union and other states in the European Economic Area, as long as the latter have resided legally in Spain for at least one year and the child is not subject to the Community scheme.

b. Holders of a previous authorisation wishing to renew it.

c. Workers necessary for assembly by renewal of a production facility or equipment.

d. Those who have had the condition of refugees during the year following the cessation of the application of the Geneva Convention of 1951, regarding the Status of Refugees, for the motives established in its article I.C.5.

e. Those who have been recognised as stateless and those who lost such condition the year following the termination of said statute.

f. Foreign nationals who have in their charge relatives in the ascending or descending line of Spanish nationality.

g. Foreign nationals born and residing in Spain.

h. Children or grandchildren of Spanish origin.

i. Foreign minors of working age holding a residence permit who are under the guardianship of an appropriate minor protection agency, for those activities which, in the judgment of said organisation, promote their social integration, and once the impossibility of their return to their family or country of origin has been proven.

j. Foreigners who obtain the residence permit under exceptional circumstances and in the cases established in the regulations and always in the case of victims of gender-based violence or human trafficking.

k. Foreigners who have held work permits for seasonal activities for two calendar years and have returned to their country.

l. Foreigners who have waived their work and residence permit in line with a voluntary return programme.

No consideration will be given to the national employment situation in the conditions established in the regulations for the following cases:

a. Covering positions of trust and executive positions in companies.

b. Highly qualified professionals, including technicians and scientists hired by public entities, universities and research, development and innovation centres that depend on companies, without prejudice to the application of the specific permit system applicable in accordance with Act 4/2000 of January 11.

c. Workers employed by a company or group of companies in another country wishing to carry out their labour activities for the same company or group in Spain.

d. Renowed artists.

Similarly, a work permit will be granted without considering the national employment situation to nationals from states that have signed the corresponding international agreements (currently, nationals from Chile and Peru).

The requirement of the national employment situation allowing the hiring of foreigners also excludes foreigners who hold a long-term EU residence permit granted by another member state of the European Union.

  • The worker must be guaranteed continued activity for the term of validity of the temporary work and residence permit.
  • The applicant companies must be registered with the relevant social security system and be up-to-date with their tax and social security obligations. The employer may also be required to provide evidence of the financial, material and human resources available for the business project.
  • The terms and conditions established in the job offer must correspond to those in current legislation for the same activity, occupational category and location.
  • Qualification or evidence of the training required for practising the profession, where applicable, validated.
  • Criminal records clearance in Spain and in other countries of residence in the five years before the application.
  • The foreign workers are not in an illegal situation in Spain.

PROCESS

1. APPLICATION FOR A TEMPORARY RESIDENCE AND WORK PERMIT AS AN EMPLOYEE

WHERE: Oficina de Extranjería (Provincial Immigration Office), Directorate General of Immigration or Unit for Large Companies and Strategic Economic Sectors.

It is mandatory to submit the application to the Directorate General of Immigration when a company has over 500 workers and workplaces in more than one province.

DOCUMENTATION (translated into Spanish):

  • Three copies of the application form (Form EX03 can be downloaded here), signed and submitted in person by the employer or the legal representative of the Spanish company.
  • Public document granting powers of attorney to the individual making the application, filed with the commercial registry or the corresponding registry.
  • Document certifying the professional relationship of the legal representative with the applicant company in case a general or special power of attorney has been granted.
  • Identity document of the company's legal representative signing the application.
  • Tax identification number (NIF).
  • Employment contract signed by authorised individuals. The job offered must correspond to the national catalogue of occupations. Public document certifying the capacity for hiring the individual signing the contract.
  • Alternatively:
    • Certificate issued by the national employment service showing the result of the job offer presented, together with a copy stamped by the employment office if the job offered is not included in the national catalogue of occupations that are not easily covered. For more information, please click on the following link: “National employment situation”.
    • Documentation certifying one of the cases established in article 40 of Act 4/2000 of January 11, in which case the national employment situation will not be considered.
  • Certificate stating that the company is up-to-date with its social security obligations. This must be acquired ex officio by the authorities. N.B.: although the authorities can acquire this certificate ex officio, submitting the certificates speeds up the process.
  • Certificate issued by the tax authorities stating that the company is up-to-date with its tax obligations. The authorities must acquire this ex officio. N.B.: although the authorities can acquire this certificate ex officio, submitting the certificates speeds up the process.
  • Profile of the post and work to be carried out.
  • Memorandum describing the company's activity, the estimated investment and job creation in Spain.
  • Evidence provided by the company that it has the financial, material and human resources required for its business project and for assuming the undertakings established in the employment contract.
  • If the employer is an individual, he or she must provide evidence of the following minimum monthly amounts, not including the salary:
    Applicants with no dependants100% IPREM€532.51 (year 2012)*
    Family with two members200% IPREM€1,065.02 (year 2012)*
    Family with more than two members50% IPREM for each additional member+ €266.26 (year 2012)* for each additional member
    *IPREM: Multiplier for the Public Income Index. This is a reference index for calculating the income threshold for subsidies for housing, study grants, unemployment benefit and free legal aid, etc..
     
  • Copy of all the pages of the worker's passport. Sometimes, a copy of the authentication issued by the Spanish consulate in the country of residence may be required.
  • Certification of the qualifications required for the job.
  • Worker's CV.
  • Fees.

2. APPLICATION FOR A RESIDENCE AND WORK PERMIT AS AN EMPLOYEE

WHERE: The Spanish consulate in the applicant’s country of residence. Select the Spanish representative office of your place of residence.

DOCUMENTATION:

  • Visa application form. Click here to download the form.
  • Passport with a minimum validity of six months and a copy of all the pages.
  • Two photographs.
  • Official notification of approval.
  • Criminal records clearance in the countries of residence in the five years before the application.
  • Updated medical certificate.
  • Fees.

3. APPLICATION FOR A RESIDENCE CARD FOR FOREIGNERS ONCE IN SPAIN.

WHERE: Police station. Select here the police station that is nearest to your address.

DOCUMENTATION:

  • Application for a residence card for foreigners. Click here to download Form EX17. For further information on residence cards for foreigners, please go to the “Foreigner identification number and Residence Card for Foreigners” section.
  • Passport.
  • Copy of the visa and entry stamp.
  • Three photographs.
  • Registration of residency: registration of the official address with the local authorities.
  • Official notification of approval.
  • Fees: initial residence card for foreigners (Spanish acronym: TIE) documenting the temporary residence permit.
  • Registration with the social security system.

ISSUE PERIOD

a) Ordinary channel:

The average estimated time for processing is two months (this will depend on the province of issue).

An application for a work visa will be required, which will be issued within 72 hours.

Residence card for foreigners: this may range from 20 to 50 days, depending on the area in Spain where it is processed.

b) If the procedure is started via the Unit for Large Companies and Strategic Economic Sectors (NB: check whether you qualify for the UGE-CE by going to the “Unit for Large Companies and Strategic Economic Sectors” section), the average time estimated for the official notification of approval is 11 days.

You must apply for a work visa, which will be issued within approximately 72 hours.

Residence card for foreigners: this may range from 20 to 50 days, depending on the area in Spain where it is processed.

 

EU Blue Card

The EU Blue Card is a special work and residence permit enabling the holder to access the job market in the EU.

Individuals who have held an EU Blue Card for over 18 months and are hired by a Spanish company, can travel to Spain without a visa.

The EU Blue Card may be requested when, in addition to the requirements corresponding to an initial work and residence permit as an employee (see “Is a Spanish company going to hire you?”), the foreign worker must meet the following requirements:

  • Higher education qualifications: studies of at least three years and a level of qualification required to practise a profession that requires a high level of training or to join an advanced research project.
  • Evidence of a minimum of five years' relevant professional experience relating to the activity for which the work permit is being granted.

PROCESS

1. APPLICATION FOR A TEMPORARY RESIDENCE AND WORK PERMIT AS AN EMPLOYEE

WHERE: Oficina de Extranjería (Provincial Immigration Office), Directorate General of Immigration or Unit for Large Companies and Strategic Economic Sectors.

The application can be submitted to the Directorate General of Immigration in the case of companies with over 500 workers and workplaces in more than one province.

DOCUMENTATION (translated into Spanish):

  • Three copies of the application form (Form EX05 can be downloaded here), signed and submitted in person by the employer or the legal representative of the Spanish company.
  • Public document granting powers of attorney to the individual making the application, filed with the commercial registry or the corresponding registry.
  • Document certifying the professional relationship of the legal representative with the applicant company in case a general or special power of attorney has been granted.
  • Identity document of the company's legal representative signing the application.
  • Tax identification number (NIF).
  • Employment contract signed by authorised individuals. The job offered must correspond to the national catalogue of occupations.
  • Public document certifying the capacity for hiring the individual signing the contract.
  • The terms and conditions of the employment contract must comply with those established in current law and the gross annual salary must be at least 1.5 times the average gross annual salary of the profession that is to be practised.
  • Alternatively:
    • Certificate issued by the national employment service showing the result of the job offer presented, together with a copy stamped by the employment office if the job offered is not included in the catalogue of occupations that are not easily covered ("CODC").
    • Documentation certifying one of the cases established in article 40 of Act 4/2000 of January 11, in which case the national employment situation will not be considered (see "National employment situation").
  • Certificate stating that the company is up-to-date with its social security obligations. The authorities must acquire this ex officio. N.B.: although the authorities can acquire this ex officio, submitting the certificate speeds up the process.
  • Certificate issued by the tax authorities stating that the company is up-to-date with its tax obligations. The authorities must acquire this ex officio. N.B.: although the authorities can acquire this ex officio, submitting the certificate speeds up the process.
  • Profile of the post and work to be carried out.
  • Memorandum describing the company's activity, the estimated investment and job creation in Spain.
  • Evidence provided by the company that it has the financial, material and human resources required for its business project and for assuming the undertakings provided in the employment contract.
  • If the employer is an individual, he or she must provide evidence of the following minimum monthly amounts, not including the salary:
    Applicant with no dependants100% IPREM€532.51 (year 2012)*
    Family with two members200% IPREM€1,065.02 (year 2012)*
    Family with more than two members50% IPREM for each additional member

    + €266.26€ (year 2012)* for each additional member

    *IPREM: Multiplier for the Public Income Index. This is a reference index for calculating the income threshold for subsidies for housing, study grants, unemployment benefit and free legal aid, etc..
     
  • Copy of all the pages of the worker's passport. Sometimes, a copy of the authentication issued by the Spanish consulate in the country of residence can be required.
  • Certification of the qualifications required for the job.
  • Worker's CV.
  • Fees.

2. APPLICATION FOR A RESIDENCE AND WORK PERMIT AS AN EMPLOYEE

WHERE: The Spanish consulate in the applicant’s country of residence. Select the Spanish representative office of your place of residence.

DOCUMENTATION:

  • Visa application form. Click here to download the form.
  • Passport with a minimum validity of six months and a copy of all the pages.
  • Two photographs.
  • Official notification of approval.
  • Criminal records clearance in the countries of residence in the five years before the application.
  • Updated medical certificate.
  • Fees.

3. APPLICATION FOR A RESIDENCE CARD FOR FOREIGNERS ONCE IN SPAIN

WHERE: Police station. Select here the police station nearest to your address.

DOCUMENTATION:

  • Application for a residence card for foreigners. Click here to download Form EX17. For further information on residence cards for foreigners, please go to “Foreigner Identification Number and Residence Card for Foreigners”.
  • Passport.
  • Copy of the visa and entry stamp.
  • Three photographs.
  • Registration of residency: registration of the official address with the local authorities.
  • Official notification of approval.
  • Fees: initial residence card for foreigners (Spanish acronym: TIE) documenting the temporary residence permit.
  • Registration with the social security system.

ISSUE PERIOD

The average estimated time for approval is 45 days.

You must apply for a work visa, which will be issued within 72 hours.

Residence card for foreigners: this may range from 20 to 50 days, depending on the area in Spain where it is processed.


Prepared by:


Last updated: 06|11|2015

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