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ACCESS TO EMPLOYMENT FOR FOREIGN NATIONALS IN SPAIN
Any individual aged sixteen or over who, not holding Spanish nationality, carries out or intends to carry out a gainful activity in Spain, whether as an employee or self-employed, in a labour or professional capacity, must hold the following documents:
· residence permit, where the activity is expected to last more than three months.
· Legal authorisation to remain, where the duration is less than three months.
· work permit or authorisation to work.
However, this requirement does not apply to all foreign nationals, as certain categories of individuals are exempt from these authorisations.
Workers from European Union member states and from countries party to the Agreement on the European Economic Area (Iceland, Norway and Liechtenstein) have the right to free movement within Spanish territory.
Other categories, which we will set out below, also benefit from this exemption, either on account of the activity they perform or the personal circumstances that apply to them.
THE work permit
Foreign nationals wishing to carry out any gainful activity in Spain, whether as an employee or self-employed, in a labour or professional capacity, for a period exceeding three months must obtain the relevant work permit.
In cases where the activity requires a specific professional qualification, the granting of the permit will be conditional upon recognition of the relevant qualification or, where required, upon registration with the relevant professional body.
WHO MAY APPLY
The following parties are entitled to submit an application for a work permit:
· The business owner or employer seeking to hire the foreign national, where the activity is carried out as an employee.
· The business owner or employer based outside Spain who is the beneficiary of services provided by foreign workers seconded by virtue of a contract entered into with them.
· The person holding a power of representation or acting as delegate on behalf of the employer based abroad.
· The foreign national themselves, in the case of a permanent or extraordinary work permit, or a work permit for self-employed activities, or through a duly authorised representative.
· Where the business owner or employer responsible for applying for an employee work permit fails to do so, the foreign employee themselves, or their duly authorised representative, may apply directly for the granting of that permit.
WHERE TO APPLY FOR THE PERMIT
When the eligible applicant is in Spanish territory, the application must be submitted:
· At the Immigration Offices (Oficinas de Extranjeros) in provinces where they are established, or, where no such office exists, at the Provincial Labour and Social Affairs Offices.
· At the Directorate General for Migration Management, in cases where the resolution of the work permit falls within that body's remit.
· Applications may also be submitted at the registry offices of any administrative body belonging to the General State Administration, any Regional (Autonomous Community) Administration, or any Local Authority that has entered into the relevant agreement, as well as at post offices.
When the eligible applicant is outside Spanish territory, the application must be submitted to the Diplomatic Mission or Consular Office with jurisdiction over the applicant's place of residence abroad.
TYPES OF PERMIT
The procedures and legal requirements involved in obtaining the relevant permit vary significantly depending on the activity the foreign national wishes to carry out. For this reason, a primary classification must be established:
A. work permit FOR EMPLOYED (SALARIED) ACTIVITIES:
The application for the relevant permit must be submitted using the official form designated for this purpose. The intended work activity may not commence until a favourable notification has been received.
A.1. Documents to be submitted:
For the initial grant of the permit, the following documents must be submitted together with the official application form:
a. From the foreign employee:
· A copy of their valid passport or travel document.
· A criminal record certificate issued by the authorities of their country of origin or country of residence abroad.
· An official medical certificate.
· Three passport-sized photographs.
· All documents demonstrating that the applicant holds the qualifications or professional accreditation required to practise the relevant profession.
b. From the hiring company:
· The national identity document or tax identification number and the Social Security registration number.
· The job offer setting out the essential elements and basic conditions of the employment, completed using the standard form established by the Directorate-General for Migration Affairs.
· Where applicable, a descriptive report of the company's activities or of the specific position, justifying the hiring or posting of foreign workers.
· Any documents deemed necessary to demonstrate the employer's capacity or financial standing to meet the obligations arising from the employment contract may also be requested.
A.2. Criteria for granting authorisation:
The following factors are taken into account when assessing whether to grant the applicant or employee the right to work in Spain as an employee:
· Insufficient or scarce labour supply in the occupation and sector for which the permit is sought.
· Absence of Spanish workers
, EU nationals, or foreign nationals legally resident in Spain registered as jobseekers in the relevant geographical area and for the occupation applied for.
B. work permit FOR SELF-EMPLOYED ACTIVITIES:
The application for the permit must be submitted using the applicable official form, and the intended activity may not commence until the relevant authority notifies the applicant that the permit has been granted.
B.1. Documents to be submitted:
The following documents must be submitted together with the official application form:
· Copy of the passport or travel document, currently valid.
· Criminal record certificate issued by the authorities of the applicant's country of origin or country of previous residence abroad.
· Official medical certificate.
· Three passport-sized photographs.
· A business plan for the establishment or activity to be carried out, indicating the projected investment, expected profitability, and number of new jobs to be created, unless this has already been provided with the visa application.
· Evidence that the required authorisations or licences have been applied for in respect of the establishment, opening, or operation of the planned activity or for the exercise of the relevant profession. Prior to the issue of the administrative authorisation, the applicant must demonstrate that the required authorisations or licences have been obtained.
B.2. Criteria for granting:
The criteria applied when granting this authorisation are as follows:
· The impact of the proposed activity on job creation, capital investment, new technologies or improved production conditions.
· The applicant must hold the required professional qualifications and must have previously applied for any licences required to set up, open and commence the activity.
· The principle of reciprocity applicable in the applicant's country of origin.
PERSONS EXEMPT FROM THE REQUIREMENT TO HOLD A work permit
The persons listed below are not required to obtain a work permit in order to carry out a professional activity in Spain.
A. BY REASON OF THE ACTIVITY CARRIED OUT:
· Foreign technicians and scientists invited or contracted by the Spanish State.
· Foreign professors invited or contracted by a Spanish university.
· Senior staff and foreign teaching personnel at cultural or educational institutions operated by foreign states, or at reputable private institutions.
· Civil or military officials of foreign state administrations.
· Correspondents of foreign media outlets.
· Members of international scientific missions carrying out work and research in Spain, authorised by the Spanish State.
· Ministers, clergy or representatives of the various churches and religious denominations.
· Artists travelling to Spain to give specific performances that do not constitute an ongoing activity.
· Foreign nationals who form part of the representative, governing or administrative bodies of internationally recognised trade unions.
B. ON THE BASIS OF PERSONAL CIRCUMSTANCES:
· Spanish nationals by origin who have lost their Spanish nationality.
· Foreign nationals married to a Spanish citizen who are not separated, whether in fact or by law.
· Foreign nationals who have Spanish-national ascendants or descendants in their care.
· Foreign nationals born in Spain and residing there.
· Foreign nationals holding a permanent residence permit.
