Residence and Work Permit for Professional Athletes in Spain

Requirements for Obtaining a Residence and Work Permit for Athletes

To obtain a residence and work permit for professional athletes in Spain, specific requirements must be met by both the athlete and the hiring sports organization.

There are several conditions in place to ensure that the athlete is legally protected and that their sports activity is conducted within Spain’s regulatory framework. Let’s go over everything you need to know!

Required Documentation

The application process for a residence and work permit for athletes in Spain requires the submission of several key documents:

• Official application: The employer must submit the EX-06 form for employed athletes. This form must be properly completed and signed.
• Complete copy of the passport: The athlete must provide a valid copy of their passport or an equivalent document.
• Employment contract: This must include the terms of the employment relationship between the athlete and the sports organization, such as the duration and compensation.
• Sports certification: The organization must certify that the athlete holds a federation license allowing them to compete professionally in Spain.
• Hiring entity’s documentation: This includes the company’s tax ID number (NIF) or foreigner identification number (NIE) and proof that it is legally authorized to hire the athlete.

It’s essential to seek professional advice to ensure that all documentation and requirements are up to date.

Application Process and Deadlines

The application process begins with the submission of the required documentation to the Foreigners Office in the province where the athlete will work. The employer is responsible for initiating the procedure, which must be done before the athlete arrives in Spain. The authorities have a period of three months to resolve the application. If no resolution is issued within this time frame, it is assumed that the request has been denied through administrative silence.

Legal Procedure for Hiring Foreign Athletes

The legal procedure for hiring foreign athletes in Spain requires the hiring sports organization to begin the process by submitting an application to the Foreigners Office, or alternatively, to the Labor and Immigration Department in the province where the athlete will perform their activities.

The organization must provide all necessary documentation, such as the signed employment contract, the certification from the sports federation verifying the athlete’s license, and proof of compliance with labor regulations. Once the application is submitted, the authorities have a set time to respond. If the application is approved, the athlete must apply for a residence and work visa at the Spanish embassy in their home country. Only after obtaining this visa can the athlete enter Spain and legally start working. Let’s look at the key steps in this process!

National Employment Situation

The national employment situation in Spain is an important factor that may affect the approval of a work permit for foreign athletes. In general, the job offer must not be able to be filled by nationals or EU workers, except in cases where the athlete is included in a catalog of occupations that are difficult to cover. Additionally, Spain has international agreements with certain countries (such as Chile and Peru) that make it easier to hire athletes from these territories.

Fees and Associated Costs

The application process involves administrative fees that must be paid by both the employer and the athlete. The main fees include:

• Form 790: A fee paid by the foreign athlete.
• Form 990: A fee paid by the employer, which varies depending on the athlete’s salary. If the salary exceeds twice the minimum wage, the fee is higher.

These fees are typically paid within ten business days after submitting the application.

Benefits of Having a Residence and Work Permit

Having a residence and work permit for professional athletes in Spain offers a range of essential benefits for both the athlete and the hiring organization. On one hand, it ensures that the athlete can pursue their career legally and with protection under Spanish labor laws, including access to social security, protection in case of work-related accidents, and entitlement to social benefits.

This permit also provides legal stability, allowing for contract renewals and, in many cases, extensions. For the employer, having this permit guarantees compliance with current regulations, avoiding fines and penalties associated with the illegal hiring of foreign workers. This strengthens the reputation of the sports organization and facilitates the participation of their athletes in official competitions without legal complications.

Rights and Obligations of Professional Athletes

When obtaining a residence and work permit in Spain, professional athletes gain access to a set of labor rights and social benefits that protect them while they work in the country. These rights include:

• Access to social security: Legally contracted athletes in Spain are entitled to social security coverage, which includes access to healthcare services, benefits in case of illness or work-related accidents, and, in some cases, retirement benefits.
• Labor rights: Like any other worker, athletes are entitled to fair working conditions, including protection against unfair dismissal, paid vacation, and a salary in line with Spanish labor regulations.
• Access to additional benefits: Athletes with a residence and work permit can also access social benefits such as unemployment subsidies if they meet the required conditions, and even apply for family reunification, which allows them to bring their family to live with them in Spain.

In addition to these rights, athletes are also obligated to comply with Spanish laws, including paying taxes on their income and renewing their permits before they expire if they wish to continue working in the country.

Consequences of Not Having the Proper Permit

Working without a valid residence and work permit in Spain has serious legal consequences for both the athlete and the hiring organization. The risks include:

• Fines and penalties: Sports organizations that hire foreign athletes without the proper permit may face significant fines for violating immigration regulations. Similarly, athletes may be fined and banned from working in Spain in the future.
• Deportation: Athletes working without the proper permit risk being deported from Spain. This could have serious repercussions not only for their professional career but also for future applications for work or residency in the European Union.
• Loss of labor rights: Working illegally means that athletes cannot access basic labor rights such as social security or legal protection in case of labor disputes, leaving them vulnerable.

As we have learned throughout this article, obtaining a residence and work permit is an essential step for foreign professional athletes to legally carry out their activities in Spain. This process guarantees labor rights and access to social benefits for both the athlete and the hiring organization, protecting them from potential legal penalties.

Following all the steps and meeting the established requirements ensures a stable and trouble-free sports career in Spain. Are you interested in obtaining this permit or need more information? Don’t hesitate to reach out to us—it’s always advisable to seek specialized legal advice to ensure that all procedures are handled correctly. Contact us for the help you need and secure your sporting future in Spain.