If you are a citizen of a country outside the European Union and wish to live and work legally in Spain, you will need to obtain authorization for residence and work as an employee. This permit is essential for those who have received an offer of employment in the country and want to regularize their immigration status.
The application process requires compliance with legal requirements and the submission of specific documentation, and both the worker and the employer must follow a series of steps to ensure that the hiring is valid and complies with current regulations.
Learn how to apply for authorization to reside and work as an employee in Spain, the key requirements, the processing procedure and how it can be renewed to obtain long-term residence. Keep reading and get all your questions answered!
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What is the permit to reside and work in Spain?
The residence and work permit for employed persons is an authorization that allows non-EU citizens to reside in Spain legally and to work for a company based in the country. This permit is initially granted for one year, with the possibility of renewal if the requirements established in the immigration regulations continue to be met.
It is important to note that the worker cannot apply for this permit directly, but rather it must be processed by the employer, who will be responsible for initiating the procedures with the corresponding Immigration Office. The company must justify the need to hire a foreign worker, arguing that there are no Spanish or EU candidates available for the position.
The procedure for obtaining this permit may seem complex, but it represents a key opportunity for foreign workers who wish to establish themselves in Spain legally and access the labor market with guarantees.
Basic requirements for working as an employee in Spain
In order to obtain authorization to reside and work as an employee, it is essential to comply with a series of legal requirements that guarantee that the hiring process is carried out fairly and in compliance with current regulations. These requirements are essential both to protect the worker’s rights and to ensure that the company complies with its labor obligations.
One of the key aspects of this process is that not all job offers allow access to this type of permit, as Spanish regulations give priority to EU citizens or legal residents in the country before granting authorizations to workers from third countries. This means that the employer must justify that the hiring of the foreign worker is essential for the company.
Have a valid job offer
The foreign worker must have a signed employment contract before starting the application. This contract must meet certain requirements:
- Have a minimum duration of one year.
- Establish a salary in accordance with the collective agreement applicable to the sector.
- Guarantee adequate working conditions in accordance with Spanish legislation.
National employment situation
To obtain authorization, it must be verified that there are no Spanish or EU workers available to fill the position. This is evaluated using the Catalogue of Occupations that are Difficult to Fill, which includes the sectors where there is a shortage of professionals in Spain.
Absence of criminal record
The worker must not have a criminal record in Spain or in the countries where they have resided during the last five years.
Compliance with tax and Social Security obligations
The employer must be up to date with their tax and Social Security obligations, which guarantees that the company has the economic capacity to take on the recruitment.
Qualifications or accredited experience
If the job offer requires a specific qualification or professional experience, the worker must present supporting documents that prove their qualification.
Documentation required for the application
In order to process the residence and work permit, it is essential that both the worker and the employer gather and present a series of administrative and employment documents. The correct preparation of this documentation is key to avoiding delays in the process.
It is advisable to check that all documents are complete, up to date and in order. In some cases, documents issued abroad will need to be apostilled and officially translated if they are not in Spanish.
Employer documentation
- Signed employment contract with detailed conditions.
- Certificate of registration with the company’s Social Security.
- Justification of the need to hire the foreign worker.
- Proof of financial solvency to guarantee payment of the salary.
Worker documentation
- Valid passport with a minimum validity of four months.
- Certificate of criminal record from the country of origin.
- Medical certificate stating that the applicant does not suffer from any diseases that may affect public health.
- Qualifications or certificates of professional experience, if required for the position.
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Steps to obtain authorization to reside and work in Spain
The process of applying for authorization to reside and work as an employee follows a series of steps that must be completed in order. Both the employer and the worker must ensure that each stage is followed correctly to avoid delays or rejections.
The process usually takes up to three months, so it is advisable to start the process well in advance to avoid setbacks.
Submission of the application
The employer must submit the application to the Foreigners’ Office corresponding to the province where the work will be carried out.
Evaluation and resolution of the file
The Administration will review:
- The validity of the employment contract.
- The financial situation of the company.
- The national employment situation to determine if there are Spanish or EU citizens who can fill the position.
If the application is approved, the worker must apply for the residence and work visa at the Spanish consulate in their country of origin.
Renewal and access to long-term residence
The initial permit is valid for one year, but can be renewed if certain requirements are met. It is essential to maintain employment in Spain and to be up to date with tax and Social Security obligations.
After five years of legal and continuous residence, the worker can apply for long-term residence, which allows him or her to work without restrictions and to access benefits similar to those of a Spanish citizen.
Requirements for renewal
- Having worked for at least six months in the last year.
- Having a new job offer if the previous contract has ended.
- Not having been out of Spain for long periods of time.
Get your residence and work permit in Spain
Obtaining authorization to reside and work as an employee is a key step for those who wish to settle in Spain and access the labor market legally.
If you are considering starting this process, having the support of immigration professionals can make all the difference. Our team of experts can guide you every step of the way to avoid mistakes and ensure efficient management.
Do you have questions about how to apply for this permit? Contact us and we will help you every step of the way.
Do you want a expert consultation? Contact us and we will help you.
Disclaimer: This article is for informational purposes only and may contain errors or be outdated. It does not constitute legal advice. For an updated initial consultation, contact us. One of our expert attorneys will assist you.
