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Employed Worker Work Permit in Spain

Application, procedures and requirements

This authorization, requested by an employer to hire a worker who is not a resident or residing in Spain, grants the individual temporary residency and work permit to work for that employer.

Requirements
  • Not to be a citizen of the EU, the European Economic Area or of Switzerland, or a family member of citizens of these countries to which the regime of citizen of the EU applies.
  • Not to be found irregularly in Spain.
  • Not to have a criminal record in Spain nor in previous countries of residence for crimes included in the Spanish legal system.
  • Not to be prohibited from entering Spain nor be denied entry in countries with which Spain has signed an agreement in this sense.
  • Not to be within the period of commitment of non-return to Spain that the foreigner has assumed upon returning voluntarily to his country of origin.
  • Pay the fees for the processing of both the residency and work permits.
  • That the national employment situation allows for hiring, which means::
    • The occupation that the worker is going to carry out in the company is included in the catalog of occupations that are difficult to cover, published by the Public Employment Service on a quarterly basis.
    • An authority at the Immigration Office considers that it has not been possible to meet the requirements of the job in accordance with the job posting issued by the Public Employment Service.
    • The authorization is targeted to nationals of States with which Spain has signed international agreements (Chile and Peru)..
    • They can prove the concurrence of an assumption included in article 40 of the Organic Law 4/2000
  • Present a contract signed by the employer and worker that guarantees the worker continuous work during the period of validity of the authorization to reside and work. The start date must be coincide with the effective date of the residency and work permit.
  • The conditions established in the work contract must match current regulations. If the contract is part-time, the remuneration must be equal to or greater than the full-time annual minimum wage (salario mínimo interprofesional (SMI)).
  • The employer applying must be enrolled in the Social Security system and be up to date and compliant with their tax and Social Security obligations. The employer must have sufficient financial, material or staff resources for their business project and be able to meet the obligations taken on in the worker contract. If the employer is an individual, they must prove, once the payment of the agreed salary has been deducted, they will still have at least 100% of the IPREM if there are no dependents (532.51 euros per month, IPREM 2013). If the family unit includes two members 200% (1065.02 euros, IPREM 2013) is required. If the family unit includes more than two people, 50% of the IPREM must be added to the previous amount for each additional member (1065.02 + 266.26 euros).
  • Possess the training and, where appropriate, professional qualification legally required to practice the profession.
Required documentation

Note: in general, copies of documents must be provided and the originals must be presented at the time of submitting the application.

  • Official application form (EX-03) in duplicate, properly completed and signed by the hiring company. This form can be downloaded from http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/Documentation referring to the worker:
  • Full copy of valid passport or travel document.
  • Copy of training certification documentation and, where required, the professional legal qualification to practise.
  • Documentation related to the company, except for domestic work:
  • Documentation that identifies the company requesting the authorization:
  • If the company is an individual entrepreneur: a copy of their NIF or NIE, or consent to verify their identity through the Identity and Residency Data Verification System (Sistema de Verificación de Datos de Identidad y Residencia).
    • Copy of the NIF of the company and copy of the deed of incorporation duly registered in the corresponding Registry.
    • Copy of the public document that certifies that the signer of the authorization request can legally represent the company.
    • Copy of the signatory’s NIF or NIE or consent to verify their identity through the Identity and Residency Data Verification System.
  • Original and copy of the signed work contract. The copy will be stamped by the Immigration Office and returned for subsequent presentation by the foreigner for the residency and work visa application.
  • Proof of not taking into account the national employment situation. (See fact sheet No. 107 with the assumptions and precise details).
  • Proof that the company can guarantee the necessary solvency, through: a copy of the Income Tax declaration, or the VAT, or the Corporation Tax or the company's work life report (VILE), referring to the last three years. Likewise, a descriptive report of the occupation to be carried out must be provided.
  • Documentation of the employer if the activity is domestic work:

  • Copy of the NIF or NIE of the employer or consent to verify their identity through the Identity and Residence Data Verification System.
  • Original and copy of the signed work contract. The copy will be stamped by the Immigration Office and returned for subsequent presentation by the foreigner for the residency and work visa application.
  • Proof of not taking into account the national employment situation. (See fact sheet No. 107 with the assumptions and precise details).
  • Copy of the last IRPF declaration (personal income tax) or certification of the income issued by the State Tax Administration (la Administración Tributaria) or other documentation proving sufficient solvency for the contract

important note: When documents from other countries are submitted, they must be translated into Spanish or another co-official language of the territory where the application is submitted.

As well, all foreign public documents must be previously legalized by the Consular Office of Spain with jurisdiction in the country where the document has been issued and by the Ministry of Foreign Affairs and Cooperation (Ministerio de Asuntos Exteriores y de Cooperación), except in the case in which the document has been apostilled by the competent authority of the issuing country according to the Hague Convention of October 5, 1961 and unless such document is exempt from legalization under an international convention.

For more information on the translation and legalization of documents, you can consult the information sheet

Procedure
  • Individuals authorized to present the request: the employer or business person, the individual worker, or an individual authorized to legally represent the business. (See Fact Sheet on Authorized Individuals).
  • Place of presentation: Immigration Office of the province where the services will be provided. If the company has work centers in more than one province and more than 500 workers, the application must be presented to the Large Companies Unit of the General Directorate of Immigration (la Unidad de Grandes Empresas de la Dirección General de Inmigración). Information on the address, telephone numbers and hours or operation can be found at: http://www.seap.minhap.gob.es/servicios/extranjeria/extranjeria_ddgg.html.
  • The residency and work permit fees that are owed when the application is submitted and must be paid within ten working days are:
    • Model 790 code 052, epigraph 2.1 initial authorization of temporary residence to be paid by the foreign worker (Modelo 790 código 052, epígrafe 2.1 autorización inicial de residencia temporal)10.30 euros
    • Model 790 code 062, to be paid by the employer:
      • Compensation less than 2 times the minimum wage (SMI): epigraph 1.1 employed worker with residency authorization (Modelo 790 código 062, epígrafe 1.1 Por cuenta ajena con autorización de residencia (retribución inferior a 2 veces SMI)192.02 euros
      • Remuneration equal to or greater than 2 times the SMI: section 1.6 for employed worker with residency authorization (Por cuenta ajena con autorización de residencia (retribución igual o superior a 2 veces SMI)) 384.07 euros
  • The forms for the payment of these fees can be downloaded here: http://www.seap.minhap.gob.es/es/servicios/tasas.html
  • Term of resolution of the application: 3 months starting on the day following the date it was entered into the registry of the appropriate authority for processing. Once this period has elapsed without the Administration having notified the individual, it may be understood that the request has been rejected due to administrative silence.
  • In the case that the application is approved, the worker has one month from the notification of the employer, to personally apply for a visa at the diplomatic mission or consular office in their country of residence. The visa application must include:
    • Regular passport or travel title recognized as valid in Spain with a minimum validity of four months.
    • Criminal record certificate issued by the authorities of their country of origin or the country or countries in which they have resided for the last five years.
    • Medical certificate.
    • Copy of the employment contract presented and stamped by the Immigration Office.
    • Proof of having paid the visa fee, which amounts to 60 euros.
  • The diplomatic mission will complete the request within a month.
  • Once notified that the visa has been granted, the worker must pick it up personally within a month from the date of notification. If it isn’t picked up in that period, it will be understood that it has been renounced and the file will be archived.
  • The worker must enter Spain during the three months the visa is valid, which enables them to enter and stay in Spain until they register in the corresponding Social Security regimen, which must occur within three months after entering Spain.
  • Within one month after the worker has registered with Social Security, they must personally request the Foreigners Identity Card (la Tarjeta de Identidad de Extranjeros (TIE)) at the Immigration Office (la Oficina de Extranjería) or Police Station (la Comisaría de Policía) of the province where the authorization was processed. To see where to go, their hours of operation and if you have to make an appointment, you can consult: http://www.seap.minhap.gob.es/servicios/extranjeria/extranjeria_ddgg.html
  • At the fingerprint appointment, the applicant must show their valid passport or travel document as well as:
    • An application for a foreign student card form EX-17 available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/
    • Proof of payment of the card fee of 15.15 euros.
    • Proof of registration with Social Security.
    • Three recent color photographs with a white background, card size.