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Spanish residency through work integration

Application, procedures and requirements

In this case two aspects must be present: Having lived in Spain continuously for two years and having worked illegally for an employer for 6 months.

Given that this application for residency is due to exceptional circumstances through work, it involves making a labour inspection complaint on behalf of the worker or as a result of an inspection on the company, where a sanction is imposed. It is one of the lesser used integration options. However, the immigration regulations establish this option to residency, provided that one of the following documents is available:

  • A judicial resolution that recognizes the illegal labor relationship.
  • A resolution by a labor inspection or Social Security in the same sense.

With the purpose of granting a temporary residence permit, the law establishes the possibility of exceptional circumstances, particularly for those situations related to work integration. Those interested in applying for a temporary residence permit in this way must meet certain requirements:

  • Not to be a citizen of an EU country, the European Economic Area or Switzerland, nor a relative of citizens of these countries to which the regime of citizen of the EU applies.
  • Having been continuously in Spain for at least two years, without absences of more than 90 days.
  • Absence of criminal records both in Spain and in their country of origin.
  • Certification of the existence of labor relations with a duration of not less than six months, either being recognized through a judicial resolution or a judicial act of conciliation, or through an administrative resolution confirming the infraction of a labour inspection and certified by Social Security.

Once the corresponding administrative proceeding has completed, the work integration residency permit grants a work authorization with the same validity as the first one.