Residence and Work Permit for Paid Employment
- The employer or the company must request this permit on behalf of the foreigner they are looking to hire.
- The employment contract must have a duration of at least one year.
- The application is subject to the national employment situation.
- This initial residence and work contract is limited to a certain territory and occupation unless otherwise specified.
- The applicant and the employer/ company must fulfil all regulated requirements covered in existing legislation regarding the rights and freedoms of foreigners in Spain.
Residence and Work Permit for Highly Qualified Personnel
- Companies that require the incorporation of highly qualified workers for professional and employment development may request a residence and work permit for foreign workers that is valid throughout national territory. This procedure may be requested in following scenarios:
A.) Managerial staff or highly qualified personnel in a business or business group when the company meets one of the following:
- Average labor force greater than 250 workers in Spain who are also registered in the social security system during the three months immediately before submitting the application.
- Net turnover greater than 50 million euros in Spain, and total equity and shareholders equity greater than 43 million euros.
- Gross annual investment, no less than 1 million euros in the last three years prior to submitting the application.
- Companies with stock investment greater than three million euros in the Exterior Investment Registry of the Ministry of Economy and Competetiveness.
- Relation to a strategic sector for small or medium-sized companies established in Spain.
B.) Managerial staff or highly qualified personnel working on a business project considered to be of general interest. The company must fulfil one of the following:
- A significant increase in the direct creation of jobs on part of the company submitting the request for recruitment.
- Maintenance of employment.
- A significant increase in job creation in the activity sector or the geographical area where they are planning to develop the economic activity.
- An extraordinary investment with socioeconomic impact relevant to the geographical area where the economic activity is going to be developed.
- The agreement on points of interest on commercial policy and the investment in Spain.
- A relevant contribution to scientific innovation and/or technology.
C.) Graduates or postgraduates from universities or business schools of recognized prestige.
Temporary Residence and Work Permit Under the Category of Transnational Provision of Services
This applies to foreign workers who are being transferred from companies in a country outside of the European Union and European Economic Area to a workplace in Spain.
The foreigner may request this temporary employee displacement on his own accord or it may be requested by the company by means of submitting an employment contract for the work that is to be completed in Spain as stated in the fourth additional provision of the law 45/1999 on 29 November regarding the displacement of workers in the framework of transnational provision of services.
This also applies in cases of temporary employee transfer within the same company or the same group of companies to work centers in Spain. The worker being hired must have a regular position in the company that is transferring him to Spain. He must have participated in the development of the activity to be carried out in Spain for at least one year and must have been employed by the company for at least nine months.
The request will be subject to the national employment situation except in cases where the employer can prove that the activity to be carried out by the foreigner requires direct credible knowledge outlined in the regulations of article 110.1.b) of the Royal Decree 557/2011 of 30 April and in accordance with article 40.2.c) of Organic Law 4/2000 of 11 January.
Translated by: Katherine Pascal