Employment visa of Spain
How difficult is it and how long does it take to obtain an employment visa to Spain? Despite the fact that this country is considered to be one of the most economically developed countries, the unemployment rate among the local population is still high. This has become especially noticeable against the backdrop of the coronavirus pandemic and job cuts.
However, if you intend to obtain a residence permit, but you do not fit for any of the existing programs, you can try to obtain an employment visa of Spain. This document gives you the full legal right to be officially employed in Spain without obtaining citizenship.
It should be understood that the process of issuing work permits is managed by the authorized body. In this situation its functions are performed by the Spanish consulate. If you intend to apply for an employment visa of Spain, but at the same time you stay in the territory of the Kingdom, you will need to travel to your homeland and start collecting documents.
You can also obtain an employment visa of Spain on the spot if you are a highly qualified specialist and are in the process of obtaining a residence permit in this country. In this case you must confirm your status in the company that hired you.
What does an employment visa look like and what is the time limits for its obtaining
An employment visa of Spain looks like a regular form of a certain format, which is attached to the applicant’s international passport. Obtaining an employment visa is a long process that can sometimes take several months.
At the same time it is advisable not to leave the country, since at any time you may be called out to the consulate for an interview and delivery of the necessary documents.
The validity period of an employment visa is regulated by law. As in most European countries, the minimum validity period of an employment visa is 3 months with the possibility of further prolongation. An employment visa can be valid within 60 months maximum.
A mandatory condition for obtaining a legal employment visa is an official request and an invitation from the company that offers you the job. It is for this reason that the first step of legalization in the country through employment is to find an appropriate employer.
You should remember that it is quite difficult for a foreigner to get a well-paid and prestigious position not only in Spain, but also in any other European country. This requires a strong foundation and the highest level of qualification.
Special authorities control the labor market in order to reduce the unemployment rate among local residents. You can take the position only in the event that you confirm your irreplaceability and there are no applicants from among local job seekers in the labor market.
Residence permit in Spain for contractual employment
Applying for an employment visa of Spain with the prospect of obtaining a residence permit is one of the current options for immigrants. At the same time it should be understood that it is not a good idea to go into place to look around and find an appropriate job if you want to be legally employed.
An official employment contract concluded with an employer is a chance to obtain a residence permit in this country. If you decide to naturalize in Spain this way, you need to find a local company that can officially employ you.
At the same time there are tight restrictions on the part of regulatory authorities, so the employer must go through several main stages:
- Search for applicants for a position at the local labor exchange (usually this is an application of the definite type with requirements to an applicant for a vacancy).
- If there is no local applicant suitable for the conditions of the employer, the labor exchange shall issue a special document.
- The employer shall enter the labor market with foreign specialists with this document, selecting a suitable candidate and concluding a conditional employment contract.
- A request for the need to hire a foreign specialist shall be submitted to the local department of the Ministry of Labor and Immigration.
- If the future position of a foreign specialist is included in the list of allowed professions for immigrants, a positive response must be received.
There are options when the answer is negative (profession and position is only for native citizens). In such situations it is in the interests of the employer to confirm the importance of hiring this particular foreign specialist to the relevant control authorities. A positive answer may well be obtained as an exception to the rule in such situations.
Further, the employer who has obtained a work permit for a foreign specialist shall send him a copy of the contract, after which the applicant shall apply to the Spanish consulate and submit an application for an employment visa of Spain. The application to the consulate shall be submitted within 30 calendar days from the date of the conclusion of the contract between the Spanish employer and the hired employee. What documents are needed to work in Spain? To apply for an employment visa under a contract you will need:
- Employment visa application form (filled in Spanish);
- Photo of the established size;
- International passport valid within the next 12 months (photocopies of all pages shall be made);
- Valid internal passport with copies of all pages;
- Medical certificate of the established form;
- Documents on the absence of a criminal record;
- Copies of the contract;
- Information about the payment of the consular fee.
Please note that the list of documents may change, so always check this point with the consulate in advance. As soon as you arrive to the country, you must register with the Spanish social security authorities within 90 days.
After that you can officially conduct labor activities in the Kingdom under a contract and expect to obtain a residence permit in the future.
Residence permit for employment without a contract
If you failed to obtain a contractual employment, but you have the strength, finances and desire to promote your business ideas in a developed country of Europe, you can try to obtain a residence permit for employment without a contract. As a rule this option is appropriate for “business immigrants” with innovative ideas who are looking for quick investments from the Spanish government.
You must present a useful and functional business project that will be relevant to the current economic situation of the country, as well as create job opportunities for local job seekers. A long-term D visa is your goal, which can become a reality if the relevant control authorities evaluate the prospects of the project and accept it.
An innovative business project that will be of interest to potential Spanish investors must be economically justified. It must create new job opportunities, guarantee profit for the country as a whole or for a particular separate region.
An employment visa providing work without a contract shall be issued to the applicant and his or her entire family for the period of 12 months. Then you shall obtain a residence permit for 2 years, which shall be prolonged for another two years. After 5 years of the total period you can apply for permanent residence.
Residence permit for employment for a fixed period
This option is a special case of the residence permit for work under the employment contract discussed above. An employment contract shall be concluded between the employer and the foreign employee and in accordance with it certain periods of the contract shall be specified.
As a rule it is 6 or 12 months with the possibility of prolongation of the contract. At the end of the current contract the employer himself deals with the prolongation of the employment visa, so a highly qualified employee does not need to leave Spain again and re-issue a permit at the Spanish consulate in his home country.
Residence permit for employment related to traveling abroad
Such naturalization option can be considered for employees of foreign companies and manufacturing whose official representative offices, dealerships and stores are located within the Spanish territory.
The applicant will be required to provide a list of documents, which include a temporary permit for employment and residence in Spain. This option is a special case of the residence permit for work under the contract discussed above. An employment contract shall be concluded between the employer and the foreign employee and in accordance with it certain periods of the contract shall be specified.
As a rule it is 6 or 12 months with the possibility of prolongation of the contract. At the end of the current contract the employer himself deals with the prolongation of the employment visa, so a highly qualified employee does not need to leave Spain again and re-issue a permit at the Spanish consulate in his home country.
Residence permit with exemption from the need to obtain a work permit
This category of residence permit will be relevant for certain professions among citizenship applicants, namely:
- Research scientists and subject matter specialists;
- Teachers of higher educational institutions;
- Scientific researchers who received an invitation for employment;
- Members of scientific fields who have concluded contracts with local educational institutions;
- Foreign military servants who take training under contract and exchange;
- Journalists of foreign mass media;
- Academicians and corresponding members of international scientific organizations;
- Famous figures of arts and culture and so on.
If you fit into one of the above categories, you will need to collect certain documents that confirm the legality of residence and performance of work duties in the Kingdom.
Residence permit for highly skilled employees
A work permit for a highly skilled employee is an opportunity to naturalize for those foreigners from outside the European Union who will start working in a technical position or one that requires some work experience in Spain.
This program has been designed for executives or officers who manage people, or for professionals in positions that require very specific and advanced training or experience.
The visa for highly qualified specialists is regulated by the Law 14/2013 on the support of entrepreneurs and their internationalization. This law is aimed at talent acquisition and at development of the country’s economy through extensive opportunities for talented highly qualified foreigners.
A foreigner interested in obtaining this visa can undergo the procedure both from his or her country of origin and directly from Spain. If he or she legally stays in the Spanish territory (either with a travel visa, education or any residence permit), he or she can apply for and obtain a visa without returning to his or her country.
If a foreigner is outside Spain, he or she must first apply for a residence permit at the Spanish consulate in the region where he or she has legal residence. Once the application is approved the specialist will receive a visa for direct entry to Spain in order to register his or her fingerprints and obtain a residence permit or TIE (Foreigner Identity Card).