Residence for employment

The authorization for temporary residence and work for employees represents a gateway for non-EU nationals seeking a job opportunity in Spain. This process, although it may seem complex, is an established pathway to ensure a successful and legal integration into the Spanish labor market. Below, we offer you a detailed guide on how to navigate this process successfully.

What is the Residence and Work Authorization for employed persons?

The Authorization for Temporary Residence and Work as an Employee is defined as the permit granted to foreigners over 16 years of age to reside in Spain for a period of more than ninety days and less than five years, allowing them to work as employees. This means that can live and work in Spain under an employment relationship with an employer.The immigration process involves obtaining a visa and being registered in the corresponding Social Security regime within a specific period of time after legal entry into the country. It is regulated by Organic Law 4/2000 and its Regulations, guaranteeing rights and freedoms in the labor and social fields.

Requirements for the application for the Residence and Work Authorization for employees

It is essential to clarify a common mistake that many people make when trying to establish themselves in Spain: the application for temporary residence and employment cannot be processed once you are already in Spain.. This confusion has led many people to think that it is enough to arrive in the country and present a job offer to start the process. However, the law is clear: this process must be started and completed from your home country.. Ignoring this essential requirement is not only a mistake, but can also complicate your legal situation in Spain.

Before taking any steps, be properly informed and make sure to comply with established procedures to avoid setbacks and disappointments.. Accurate information is your best tool on this path. Now, having clarified this point, we show you some of the requirements for the granting of an initial authorization for temporary residence and work as an employee, related to both residence and work. These include:

Residence:

• Not to be irregularly in Spanish territory.
• Not having a criminal record, either in Spain or in previous countries of residence during the last five years, for crimes under Spanish law.
• Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this sense.
• The term of the foreigner's commitment not to return to Spain, assumed by the foreigner in the framework of his voluntary return to his country of origin, has elapsed.
• Have paid the fee for processing the temporary residence permit.

Work:

• The national employment situation must allow the hiring of the foreign worker.
• The employer must present an employment contract signed by the employer and the worker that guarantees a continuous activity during the period of validity of the authorization.
• The terms of the employment contract must comply with current regulations and the applicable collective bargaining agreement for the same activity, professional category, and locality.
• The employer must be registered in the corresponding regime of the Social Security system and be up to date with its tax and Social Security obligations.
• The employer must have sufficient economic, material or personal means for its business project and to meet the obligations assumed in the contract with the employee.
• The worker must have the training and, if applicable, the professional qualification legally required for the exercise of the profession.
• The fee for the employment authorization must have been paid.

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Required Documentation

The documentation required for the application for initial authorization for temporary residence and work as an employee includes:

• Employer's tax identification number and, if the company is incorporated as a legal entity, a public document proving its legal representation.
• Original and copy of employment contract in the official model, being the copy stamped by the Foreigners Office for its later presentation together with the application for the residence and work visa.
• Certificate from the Public Employment Service competent about the insufficiency of job seekers to fill the position, if applicable.
• Documents evidencing financial, material or personal resources available for the business project and to fulfill the obligations of the contract.
• Copy of complete passport or travel document, in force, of the foreign worker.
• Documentation proving training and, if applicable, professional qualification. legally required for the exercise of the profession.
• Documents proving the concurrence of a specific event of non-consideration of the national employment situation, established in the Organic Law 4/2000 or by international agreement.

Application Process

The employer must submit the application to the corresponding Alien Office, accompanied by the required documentation. The applicable fees must be paid, and the resolution period is three months. The effectiveness of the authorization is suspended until the visa and affiliation to the Social Security system are obtained.

Advantages of obtaining the Residence and Work Authorization for employees

This authorization offers the opportunity to legally integrate into the Spanish labor market, gaining access to labor and social rights. It represents the first step for a prolonged or permanent stay in Spain, opening the way to long-term residence.

Tips for a successful process

• Professional advice: Consider the help of a migration expert to assess the viability of your application and navigate the process.
• Accurate documentation: Make sure all your documents meet specific requirements, including translations and legalizations.
• Patience and organization: The process can be lengthy and require follow-up. Keep all your documents organized and keep track of your application.

The residence and work authorization for employees is an essential step for those who wish to work and live in Spain. By following the proper steps and preparing adequately, applicants can navigate this process with confidence and success. If you are looking to start a new life in Spain, this authorization could be your starting point.

We encourage you to contact us for more information and personalized advice. Our team is ready to help you every step of the way to your new life in Spain!