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Visas, Work and Residence Authorizations and Permits
Spanish immigration legislation makes a distinction between foreigners subject to the European Community regime, and foreigners subject to general immigration rules.
Nationals of EU Member States
Nationals subject to the European Community regime, from other EU Member States, the European Economic Area or Switzerland, do not need an employee or self-employed work authorization, and have the same labor rights as Spanish citizens.
Foreigners belonging to this group that are going to reside in Spain for at least three months should apply personally for their registration in the Foreigners Central Registry, within the three months after their arrival. Relatives that are not citizens of the abovementioned Countries should apply for a special residence card.
There is currently a transitional regime in place for nationals from Bulgaria to Romania.
Nationals of EU Member States
Foreigners not qualifying for the European Community regime require authorization to live and work in Spain, as well as a special work visa. Employers wishing to hire non-EU nationals must obtain prior authorization from the Ministry of Labor and Social Affairs. However, the lack of a work authorization does not invalidate an employment contract with regard to the foreign worker's rights, nor does it prevent the foreign worker from obtaining any benifits to which he or she may be entitled.
The Government has approved recently a special Agreement that establishes a specific procedure for the work and residence of foreigners with a professional activity that requires high qualifications and is relevant form the economic, social, and labour point of view, related with research activities, or artistic acts of special cultural interest. The procedure simplifies the procedure of obtaining Authorisation for these employees and their relatives.
There are various types of work authorizations, depending on the type of work and its duration.
| Type of Authorization | Scenario | Duration |
| Employed work and residence authorization | Ordinary work authorization for foreign employees with a steady work situation in Spain. | One year, renewable for two year periods. |
| Self-employed work and residence authorization | Ordinary work authorization for self-employed foreigners with a steady work situation in Spain. | One year, renewable for two-year periods. |
| Cross-border workers | Employed or self-employed work authorization for workers residing in a frontier area of a State to which they return every day. Only valid for that specific geographical area. | 5 years at most, renewable on expiry. |
| Temporary work authorizations | The following activities or occupations are authorized: seasonal work, project work or services, senior management, professional sportsmen or women, artistes, and vocational training and work experience. | Nonrenewable period of one year at most (except for seasonal contracts). |
| Cross-border assignments | Authorization for foreign employees of an enterprise established in a non-EU or non-EEA country temporarily assigned to Spain for the following reasons:
-Contract whereby a foreign enterprise provides services to an enterprise established in Spain. -Temporary assignment of workers between enterprises of the same group (including for training purposes). -Temporary assignment of highly-qualified workers to supervise or advise on project work or services performed by Spanish enterprises abroad. |
A maximum of one year, renewable for a further year at most. |
Foreigners who have been legally resident in Spain on a continuous basis for five years may, having renewed their employed or self-employed work and residence authorizations, obtain a permanent residence authorization. Once they have this authorization, they must apply for a permanent identity card, renewable every five years.
Basic outline of the employed work authorization application procedure:
| 1º | PRELIMINARY PHASE: ANALYSIS OF NATIONAL JOB SITUATION |
| Catalog of hard-to-fill jobs/INEM (National Employment Institute) | |
| 2º | WORK AUTHORIZATION APPLICATION |
Submitted by employer to competent agency:
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| 3º | AUTHORIZATION GRANTED |
| Employer notified by competent agency | |
| 4º | VISA APPLICATION |
| Foreigners must submit visa applications to the Spanish Consulate in their State of legal residence within one month from notification by employer of authorization | |
| 5º | ARRIVAL IN SPAIN |
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For more information, please review the Labor Guide 2007, elaborated by the Ministry of Labor and Social Affairs or download the following document on Spain´s labor & social security legislation:
Labor and social security regulations
(822kb.)
Download document
Prepared by Garrigues
Edited by Samuel Passow
