Are you a company looking to hire a foreign worker? In this post, we discuss the residence and work permit for employees in Spain, which provides authorization for a foreign employee to reside and work in the country.

We are fortunate to have Dana Antolín, an expert in immigration and international worker mobility, contributing to this post.

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Understanding the Residence and Work Permit in Spain

The initial residence and work permit in Spain is for hiring foreign workers for a period exceeding 90 days and up to 5 years. Before starting the application process, it’s essential to ensure that the job offer complies with the National Employment Situation.

One significant advantage of this permit is that it only requires compliance with the conditions outlined in the applicable collective agreement. Unlike permits for highly qualified professionals, there is no need to demonstrate a minimum wage for the worker.

Who applies for this permit?

The employer or business owner applies to hire a non-resident foreign worker. Applications are submitted at the Provincial Government Office in the Autonomous Region where the employee will work.

Eligibility for the Permit

This permit is designed for foreign workers who will be hired locally by a Spanish company. As Dana Antolín states, “This permit can also be obtained by foreign nationals with a study permit who can prove they have completed their studies and received a qualifying job offer.”

Duration of the Residence and Work Permit

The initial temporary residence and work permit lasts for 1 year, with the possibility of extending it for an additional 4 years, provided all requirements are met. Once renewed, the holder can work in any job throughout Spain, either as an employee or self-employed individual.

Basic requirements for working as an employee in Spain

To qualify for this permit, applicants must:

  • You are not an EU, EEA or Swiss citizen, or a relative of citizens from these countries, to whom the EU citizenship regime applies.
  • You are not in Spain illegally.
  • You have no criminal record in Spain and in your previous countries of residence for crimes that exist in Spanish law.
  • You have not been forbidden entry to Spain and are not included as liable to refusal of entry into countries with which Spain holds an agreement to this effect.
  • The commitment period of non-return to Spain that you undertook on voluntarily returning to your country of origin has elapsed.
  • You have paid the corresponding the corresponding fees to process the residence and work permit for employees.
  • The national employment situation allows for you to be hired, considering the exceptions set out by law.

National Employment Situation

Dana explains that “When granting this permit, the Spanish authorities require an evaluation of the National Employment Situation, proving that it allows the foreign non-resident worker to enter the Spanish labor market.”

However, this requirement is waived for nationals of Chile and Peru due to international agreements with Spain.

Special Considerations for Chilean and Peruvian Nationals

Chilean and Peruvian nationals can apply for an initial residence and work permit directly, without needing to prove compliance with the National Employment Situation evaluation.

Requirements related to the work to be carried out

In addition to the accrediting documents related with the evaluation of the National Employment Situation, the employer must present a contract of employment signed by the worker and by themselves in which the worker is guaranteed a permanent job for the validity of the initial temporary residence and work permit for employees.

Secondly, the conditions set in the contract must be guaranteed to adapt to those set by current law and by the collective agreement applicable to that job, professional category, and location.

What happens if the contract is to be part time?

In this case, the remuneration must be the same or higher than the minimum full-time wage calculated annually.

Thirdly, the employer must be correctly listed in the Social Security system and be up to date on the payment of their tax and social security liabilities.

The worker must have the skills and, where appropriate, the professional qualifications required by law to perform the job for which they are hired.

Another requirement to be met to successfully obtain this permit is that the employer must have sufficient financial, material or personal resources for their business project and to pay for the liabilities included in the contract of employment. If the employer is a physical person, they must prove that they have sufficient financial resources to meet their needs and those of their family.

What is the minimum amount required for this situation? The amount is based on IPREM (multiplier effect on index of revenue) percentages according to the number of people in their charge, subtracting the wage indicated in the contract of employment:

  • Where there are no relatives in the charge of the employer, the amount must represent 100% IPREM per month.
  • In the case of families with two members (counting the employer applying for the permit), the amount must represent 200% IPREM per month.
  • In the case of families with more than two members (counting the employer), the amount must represent 50% IPREM per month for each additional member.

Which documents must be submitted with the application for Residence and work permit?

Specific documentation must be attached to the application for an initial residence and work permit for employees:

  • A copy of the company’s tax identification number and a copy of the deed of incorporation duly listed in the corresponding Register.
  • A copy of the public document proving that the signatory of the permit application is the legal representativeof the company.
  • A copy of the tax identification number (NIF) or foreign national identity number (NIE) or consent to check the identity data through the Identity and Residence Data Verification System for the signatory of the application.
  • The original and one copy of the contract of employment governing the employment relationship signed by both parties.
  • Where appropriate, a certificate from SEPE indicating the lack of job seekers to cover the vacancy in question.
  • The documents proving the financial, material or personal resources available to the business owner for their business project and to pay for the liabilities arising from said activity must also be provided.
  • A copy of the entire passport or travel document of the foreign worker
  • Documents proving that they have the skills and (where appropriate) the qualifications required by law to perform the work for which the foreign national is to be hired.
  • The corresponding documents accrediting the occurrence of a specific case in which the national employment situation is not considered (where the interested party claims to be included in one of the cases in which the national employment situation does not apply as a requirement to obtain this permit).

When submitting the documentation, it is important to remember that, if documents from other countries are provided, these must be duly translated into Spain or a co-official language of the territory in which the application is to be filed. Furthermore, any public document must be previously authenticated.

Dana reminds us that “according to Spanish law, the competent authorities may request additional documentation other than that indicated”.

What should a foreign national do once the employee residence permit has been granted?

The interested party has 1 month from the date on which the employer is notified that permit has been granted to request the visa in person at the corresponding diplomatic mission or consular office.

What should a foreign national do once the visa has been granted?

Once they have collected their visa, the foreign worker must enter Spain during the validity period of the visa (3 months). This visa enables them to enter and to remain in Spain.

Once the foreign national has been registered in the Social Security system, they have 1 month to apply for their Foreign National Identity Card in person.

Residence and work permit for employees

What does it authorize?

  It authorizes you to reside and work as a foreign employee in a company in Spain.

Who is it for?

 Primarily for foreign workers who are to be hired by a Spanish company. It is also for other profiles, such as graduates from Spanish universities who have a valid study permit

Who applies for it?

The employer/business owner, in person or through a legal representative

Where is it applied for?

At the Provincial Government Office of the Autonomous Region where the employee intends to work or at the offices of the regional authorities.

Does the national employment situation apply?

No

Conclusion: Your Path to Hiring Foreign Workers in Spain

The residence and work permit authorizes foreign employees to work in Spain. It is primarily for those hired by Spanish companies and includes provisions for graduates from Spanish universities with valid study permits.

Are you looking to hire a foreign worker? Adlanter specializes in managing and processing work permits. We tailor our services to meet your needs, ensuring close monitoring of your specific case.

Contact us today for more information about our services for processing work permits for foreign nationals in Spain.

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