To be able to work in Spain, a non-EU citizen must obtain an authorization first.
In this post we will review the main requirements for the work visa regulated by the Immigration Act, known in Spanish as visado de trabajo por cuenta ajena and referred to here as the work employment visa.
This authorization allows any third country national to work in Spain, initially for a period of a year, renewable twice for 2-year term each time.
The initial application is submitted by the employer to the correspondent immigration office. Once granted, the employee must apply for the visa or request the correspondent TIE, if already living in Spain.
During the first year, this authorization is linked to the initial job offer and the geographic location where the work is based. After renewing, the geographic limitation disappears making it possible to work anywhere in the country.
EMPLOYEE REQUIREMENTS
To be eligible for this visa, you must be a non-EU citizen and qualify for the job offered.
Additionally, you cannot be illegally in Spain, have criminal records, be forbidden to return to Spain or in a non-return agreement with the country by the time of the application.
JOB REQUIREMENTS
Because the residence is granted for one year, the job offer must have the same duration. It can be full-time or part-time.
- Full time contract must have 1-year duration and 40 hours per week. Salary must be according to the collective agreement of the category.
- Part time contract has also to have 1-year duration, reach at least 30 hours per week and the remuneration cannot be less than the minimum wage.
The national employment situation will always be taken into account for this permit.
Job offers for positions included on a labour shortage are preferred for this work permit. Subsidiarily, jobs outside of a shortage list but not filled by national unemployed workforce, could be accepted for these applications.
EXCEPTIONS TO THE SHORTAGE LIST AND UNEMPLOYMENT RATES CONSIDERATION
- If the visa application is addressed to an employee national of Chile or Peru
- When the visa application is addressed to anyone under one of the circumstances listed in the article 40 of the Immigration act, such as:
- Non-EU national in charge of a Spanish citizen
- Third country national born and resident in Spain
- Descendants in first and second degree of a native Spanish person
- The person is applying for a residence based on their social linkage with Spain (arraigo social)
- Renewing a residence
- When you have had seasonal work authorizations for two natural years and returned to your country
- If you have been part of voluntary return programs in Spain.
- Workers needed for the assemble of productive equipment and facilities renewal.
- Refugees and stateless people in some specific situations
- Family members in working age living with a resident in Spain; child of a naturalized Spanish or national from an EU country if the EU rules don’t apply to them and only if they have been living in Spain for more than a year.
- Minors of working age under a guardianship of the Spanish state
- Applications made for victims of gender violence or human traffic
IMPORTANT: You can access this permit from another residence such as a non-lucrative visa, student visa, EU citizen family member card, self-employed visa, and so on, through a change of authorization regulated in the Immigration Act. For the modifications, the unemployment rates and shortage occupation lists mentioned before are not relevant.
Let’s say you have a valid job offer for this permit considering all mentioned above. You still need to make sure the employer meets the requirements.
WHO CAN HIRE?
Anyone registered at Social Security, up to date with their obligation payments with Social Security and Tax Office and that proves to have sufficient economic means to face the costs of the hiring.
- If the employer is a company, the economic solvency and funds to face the expenses of the new hiring and contract can be proven by previous tax declarations, employment reports, and any other valid document.
- If the employer is an individual, apart from the economic solvency to cover the hiring expenses, the employer must also prove to have covered personal expenses, based on the family extension it will be required:
- One family member – 100% IPREM
- Two family members – 200% IPREM
- More than two family members – add 50% IPREM per person
IPREM (Indicador Público de Renta de Efectos Múltiples) is a public indicator used to measure the level of income of citizens in Spain. These are the current values for 2021.
APPLYING FOR THE WORK EMPLYMENT AUTHORIZATION
The application will be submitted by the employer to the correspondent immigration office in Spain where the work will take place.
From the date of submission, the administration has a legal deadline of 3 months to reply to the application. If no answer is given, it is understood that the request has been rejected.
The employee must be registered in social security within a month from the authorization date. Once registered, the employee can apply for the TIE.
If the employee is out of Spain, a visa must be requested to the consulate prior to the social security register and TIE request.
RENEWING THE RESIDENCE AUTHORIZATION:
For the renewal, the employee is the one submitting the request to the correspondent Government Delegation.
In an ideal situation, the renewal is granted because the employee is still working with the same employer.
However, when this is not the case, the renewal will be possible if the employee is in one of these situations:
- If the employee stayed in the initial job position for at least for 6 months and changed jobs after or have a job offer pending the renewal.
- When the employee has worked for at least 3 months in the initial contract and is in the following situation:
- The original work relationship has ended due to reasons out of the employee’s control
- Since the termination, the employee has been actively seeking a new job
- And has a new contract.
- Is receiving unemployment benefit by the time of the renewal
- Is receiving another kind of social pension
- Work relationship has been terminated as consequence of a gender violence situation
- Has worked for a minimum of 9 months a year or 18 months for a 2-year period but the work relationship has been terminated for reasons beyond the employee’s control and the employee has been actively searching for a new job
- The employee’s partner has sufficient economic means to provide for the family unit:
- 150% IPREM for a two-person family unit
- 50% IPREM plus for each additional family member.
Do not hesitate to contact us if you need more information:
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