Residence and Work Visa

Description of service

To work in Spain you shall need a work permit, which you have to obtain along with a residence permit. The permits types vary depending on whether you work as a self-employed person or as an employee.

For non-EU citizens it is essential to have a visa, which must be requested at Spanish consulates in your country preferably before traveling to Spain.

Our immigration lawyers can help you with the procedure to obtain your residence.

Steps to follow:

First of all it is necessary to know the various types of existing permits:

A) Employees: it is a temporary residence and work permit requested by an employer to hire a foreign worker who doesn’t reside in Spain.

The initial temporary authorization of work and stay gives to foreigners who live outside Spain and who have already obtained a visa the possibility to start an employment relationship.

This permit shall be valid for one year, on a renewable basis, and it may be limited to certain geoghraphical activity areas, in accordance with the guidelines established by the State Secretariat for Migration.

In the cases foreseen by this Regulation, foreign residents or those who stay in the country for study purposes will be able to obtain the residence and work permit, without the visa being required.

For those workers who have already been resident in Spain, the duration of the authorization will depend on the lenght of the previous residence in Spain.

Access to the residence and work permit for those who already have a job-seekers visa is governed by the specific provisions of this regulation and the quotas agreement.

Once a work permit is obtained, the foreign worker must apply for a visa within one month of the notification, and enter Spanish territory within three months (period of validity of the document).

Finally, once the worker is registered with the Seguridad Social, he shall obtain the Identity Card for Foreigners (Tarjeta de Identidad de Extranjeros, TIE) within one month.

Steps to follow

1. Application for the work permit (employer).
2. Payment of the fees corresponding to the “790 model” (employer and employee).
3. Procedure to obtain the Visa (worker).
4. Procedure for the TIE (worker).

B) Self-employed workers: it is a temporary residence and work permit granted to a foreigner not resident in Spain for the development of a business.

Requirements:

– For retail trade and service activities listed in the Annex to Law 12/2012 (i.e. those that take place in permanent structures with a public sale area size not exceeding 300 square meters) a Self-Employment Sworn Statement or a Commencement Notice are required (under the terms of Article 71.bis of Law 30/1992), statements replacing the certification of a prior license, required for all other activities – and the receipt of proof of payment of the corresponding charge, if necessary.

– For all other activities and services, you shall need the authorizations or licenses required for the installation, opening or operation of the professional activity, the documentation indicating the state of the progress of the procedures for their achievement and, if necessary, the requests to the competent bodies.

– Copy of the documentation stating you have the professional qualifications legally required for the exercise of the profession.

– The proof of having a sufficient financial capacity or the proof of the existence of a support contract by financial institutions or others.

– The project of the establishment or activity to be carried out, with the indication of the planned investment, its expected profitability and, where necessary, the expected number of new jobs created.

Types:

⦁ Type D (initial). It may be limited to certain geoghraphical activity areas. Validity: 1 year.

⦁ Type D (renewed). It authorises the exercise of any activity throughout the national territory. The holders of Type D license can obtain it after the expiry of the validity of the first permit. Validity: 2 years.

⦁ Type E. It authorizes the exercise of any activity throughout the national territory. The license holders of Type B can obtain it when it expires. Validity: 2 years.

The permit must be requested by the foreigner who wish to start a professional activity to the diplomatic mission or Spanish consular office corresponding to their place of residence. Calculation of the work and residence taxes shall start from the time of the application, and the taxes shall be paid within 10 working days.

The deadline for resolving the application is three months, and if no reply is received after this period, this must be understood as not acceptance of the request.

Once the work and residence permit has been obtained, the visa procedure will be completed within one month. Once obtained, you have three months to enter Spanish territory, where you will be registered with the Social Security (Seguridad Social) and you will get the Identity Card for Foreigners (Tarjeta de Identidad de Extranjeros, TIE).

Steps to follow

1. Application for the work permit
2. Payment of the fees corresponding to the “790 model”
3. Procedure to obtain the Visa
4. Procedure for the

C) Other permits and authorizations:

⦁ Type F. Permits on behalf of others or for cross-border workers.

⦁ Type G. Work permit in the field of the transnational provision of services.

⦁ Type A. Seasonal work permit.

⦁ Permits provided for by the “Law of Entrepreneurs”: highly qualified personnel, investors, entrepreneurs

⦁ Authorizations to work: can apply: holders of authorization to stay for study purposes, holders of temporary residence for exceptional circumstances and holders of asylum.

What’s included:

Our immigration lawyers will help you to carry out the procedures for obtaining your residency, offering a complete quality service tailored to your needs.

Our appointments are managed quickly, as we work with licensed attorneys, and we have weekly appointments set up through the Illustrious College of Lawyers of Madrid, avoiding long waiting times.

Make sure you set an appointment in time, in order to avoid delays in your application.

Our immigration lawyers will give you:

• Full assistance on the procedure, up to its resolution
• The request for the necessary documentation
• The preparation off the business plan
• The preparation of the forms to fill in
• The submission of the application
• Constant attention to the dossier and its development
• Appointments set up through the Illustrious College of Lawyers of Madrid
• Taking of the fingerprints

What’s not included:

We do not provide assistance at the Spanish Consulates in the applicant’s country of origin. We provide personal assistance in our offices in Madrid, Barcelona and Santo Domingo, in the Dominican Republic.

In all other cases, we can offer professional legal advice online.