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Royal Decree 557/2011 of 20 April, approving the Regulation of Organic Law 4/2000 regarding the rights and freedoms of foreign nationals in Spain, and their social integration, following its amendment by Organic Law 2/2009, contains instructions that determine the procedure for authorising entry, residency and work in Spain, for foreign nationals whose professional activity is of interest for social, economic or employment reasons.
This section will focus on activities related to study, research and development work, university teachers, and professionals who require high-level qualifications.
The recruiting organisation or employer who wishes to choose this option must send the residence and employee work permit request to the Foreigners' Office, Directorate General of Immigration or the Large Companies Unit (UGE).
The initial authorisation for temporary residence and gainful employment will enable foreign citizens living outside Spain to reside and work in paid employment in the country, provided they have obtained the relevant visa and have registered with Social Security within three months of their legal entry into Spain.
Below we describe four of the most common categories in this collective:
Visas related to study, student mobility, unpaid work experience, and voluntary work
1. A visa shall be granted to foreigners who are permitted to remain in Spain for more than 90 days, their sole or main purpose being to carry out any of the following non work-related activities:
2. The student visa will incorporate authorisation to stay and will allow the foreign national to remain in Spain to engage in the activity for which it is granted.
3. Duration of stay will be for the duration of the activity for which authorisation is granted, up to a maximum limit of one year. […]
(Article 37)
Procedure.
1. The application must be submitted in person, using the official form, at the Spanish Embassy or Consulate where the foreign citizen resides.
2. Applications must be accompanied by the following documentation:
a) A valid passport or travel document recognised as valid in Spain, with a minimum validity period for the duration of the stay.
b) Documentation demonstrating compliance with all requirements […]
In addition to the above, the non-existence of a criminal record in Spain shall be officially verified by the Administration.
3. The Consulate will require, via electronic means, the decision of the relevant Government delegate’s office or sub-delegate’s office regarding authorisation of stay.
The Government delegate’s office or sub-delegate’s office in the province where the activity is going to be carried out will be responsible.
Prior to making a decision regarding authorisation of stay, the Government delegate’s office or sub-delegate’s office will require a police report, the content of which will be be taken into account when making the decision.
The maximum period for deciding on authorisation shall be seven days from receipt of application, after which time if no response is received the decision should be considered favourable.
4. If the decision regarding authorisation of stay is not favourable, the Spanish Embassy or Consulate will notify the applicant of the result, […].
5. If authorisation of stay is granted, the Spanish Embassy or Consulate will process and issue the visa, as appropriate. The duration of the visa will be equivalent to the authorised length of stay, except in cases where a Foreign Identity Card is issued.
(Article 39)
Relatives of a residence permit holder.
Relatives of foreign nationals (spouse, common-law partner, and children under eighteen years, or those with a disability who are objectively unable to provide for their own needs due to their health status) who have applied for a student visa or who are already in Spain […] may apply for visas to enter and remain legally in Spain for the duration of the stay, without requiring the student visa holder to have already spent a period of time abroad. (Article 41)
Temporary residence and research work
(Article 73)
Authorisation for temporary residence and research work.
1. The initial authorisation for temporary residence and research allows third-country nationals residing outside Spain, who have obtained the relevant research visa, to conduct research work within the framework of a hosting agreement approved for that purpose.
A research visa is not required in cases where a foreign researcher exercises their right to movement after having started their research in another Member State of the European Union.
2. The duration of the initial authorisation for temporary residence and research work shall always be more than three months and up to a maximum of five years. Its validity shall be equivalent to the duration of the research project for which it is granted, and shall be limited to the research activity for which it was granted.
(Article 74)
Procedure.
1. The research organisation which has signed the hosting agreement with a foreign national non-resident in Spain shall submit, using the official form provided for that purpose, and through their legal representative, the corresponding application for initial authorisation for temporary residence and research work to the competent body responsible for processing it, in the province where the work activity is going to be carried out.
2. Application for authorisation must be accompanied by the following documentation:
a) Tax Identification Number, and a public deed from the research organisation granting legal representation to the individual making the application.
The research organisation’s registration with Social Security will be officially verified by the administrative body responsible for processing the application.
b) A copy of the foreign researcher’s current passport, or a travel document recognised as valid in Spain.
c) The hosting agreement signed between the foreign researcher and the research organisation, which shall include a descriptive report of the research project, as well as the corresponding work contract.
d) Documents proving the professional qualifications legally required for the exercise of the profession.
Similarly, the competent body processing the application will officially verify that the organisation is included among the list of organisations authorised to sign hosting agreements.
3. Once the application has been received, the competent body shall record it, confirming receipt of same, and enter it into the relevant computer application, so that the competent bodies responsible for making the decision will be aware of the application in real time.
4. Once the application has been accepted for processing, procedural instructions will be followed and the application will be dealt with immediately. Information regarding compliance with tax and social security obligations will be verified, and reports will be requested from the relevant services of the Directorate General of the Police and Civil Guard, and the Central Registry of Criminal Records. These reports will be issued within a maximum of 10 days.
Application for, and issuance of, the above-mentioned reports will be carried out electronically.
5. The competent body, after examining the documentation presented and reports obtained, will state its decision within 45 days of receiving the application, taking into account the requirements included in this chapter, regarding the requested initial authorisation for residence and research work.
The competent body will immediately record the decision in the relevant computer application, […].
(Article 77)
Relatives of foreign researchers.
When applying for authorisation for temporary residence and research work, an application may also be submitted for authorisation for temporary residence for family members wishing to regroup. [...] this may be submitted by the research organisation applying for authorisation for the foreign researcher, or by the foreign researcher himself/herself.
(Article 83)
Temporary residence and highly-qualified professional work for holders of an EU Blue Card
1. Those considered for a temporary residence and highly-qualified professional work shall include any foreign worker authorised to carry out a work activity for which they should have a higher education qualification, or, in exceptional cases, a verifiable minimum of 5 years’ professional experience which can be considered comparable to the said qualification, regarding the activity for which authorisation is granted.
2. […], a higher education qualification is understood to be a qualification resulting from higher education training of a minimum duration of 3 years, which provides the level of qualification necessary to exercise a profession that demands a high level of training or to participate in an advanced research programme.
(Article 85)
Authorisation for residence and highly-qualified professional work for holders of an EU Blue Card.
1. Initial authorisation for temporary residence and highly-qualified professional work allows foreign nationals non-resident in Spain, who have obtained the relevant residence and work visa, to start the work activity for which they have been granted authorisation, once the authorisation becomes effective.
A prior residence and work visa is not required by persons who are exercising their right to movement, after been in possession of one of these visas in another EU Member State.
2. The Initial authorisation for temporary residence and highly-qualified professional work will be valid for a period of 1 year.
(Article 86)
Procedure.
1. Employers who wish to contract a foreign worker non-resident in Spain must present in person, or through the company’s legal representative, the relevant application for initial authorisation for residence and highly-qualified professional work, to the competent body responsible for processing it, in the province where the work activity is going to be carried out.
2. The application for authorisation for residence and work, submitted on an official form, must be accompanied by the following documentation:
a) A Tax Identification Number and, if the company is a legal entity, a public deed granting legal representation to the individual making the application.
If the employer is an individual, the provision of a Tax Identification Number will not be required if they agree to the verification of their details via the Identity Verification System.
b) The work contract, submitted with the official form provided.
c) Documents proving the economic, material, and personnel resources available for their business project […].
d) A copy of the foreign worker’s full passport, or a valid travel document.
e) Certification of training and, if applicable, the professional qualification legally required to exercise the profession.
f) If appropriate, a certificate from the relevant Spanish Public Employment Service testifying to the shortage of jobseekers to fill the position.
3. Once the application has been received, the competent body shall record it, confirming receipt of same, and enter it into the relevant computer application, so that the competent bodies responsible for making the decision will be aware of the application in real time.
4. Once the application has been accepted for processing, procedural instructions will be followed and information regarding compliance with tax and social security obligations will be verified, reports will be requested from the relevant services of the Directorate General of the Police and Civil Guard, and the Central Registry of Criminal Records. These reports will be issued within a maximum of 10 days.
Application for, and issuance of, the above-mentioned reports will be carried out electronically.
5. The competent body, after examining the documentation presented and reports obtained, will state its decision within 45 days of receiving the application.
The competent body will immediately record the decision in the relevant computer application, […].
(Article 88)
Relatives of highly-qualified professionals
When applying for authorisation for temporary residence and highly-qualified professional work, an application may also be submitted for authorisation for temporary residence for family members wishing to regroup. [...] this may be submitted by the employer applying for authorisation for the highly-qualified worker, or by the worker himself/herself.
(Article 94)
Temporary residence not requiring a work visa
Foreign nationals included in Article 41 of Organic Law 4/2000 of 11 January are exempt from having to obtain a work visa in order to engage in a profitable, professional, or work activity, provided they meet the following conditions:
- Technicians, researchers and scientists invited or contracted by the Public Administration, autonomous communities, universities, local entities or organisations whose purpose is to foster and develop research promoted by or participated in mainly by the above.
Those included will be professionals who, because of their knowledge, specialisation, experience, or scientific training are invited or contracted by one of the aforementioned bodies to develop an activity or programme of technical, scientific, or general interest.
Applicants shall provide evidence of the above by presenting the invitation or work contract, signed by the legal representative of the appropriate body, and which includes a description of the project and the professional profile required for to carry it out.
- Teachers, technicians, researchers and scientists invited or contracted by a Spanish university. This category includes teachers who are invited or contracted by a Spanish university to carry out teaching functions related to research or academic activities.
Applicants shall provide evidence of the above by presenting the invitation or work contract for carrying out these activities, signed by the legal representative of the corresponding Spanish university.
- Managers or teaching staff of cultural or educational institutions belonging to other States, or privately-run, with a proven standing and officially recognised by Spain, who run cultural and teaching programmes of their respective countries in Spain, provided they limit their activity to carrying out these programmes. Foreign nationals who fulfil the following conditions shall be considered exempt:
1. Occupy a management, teaching, or research position and limit their employment to carrying out the indicated activity in foreign cultural or teaching institutions based in Spain.
2. With regard to cultural or teaching institutions belonging to other Member States, they shall develop their activity in Spain so that courses undertaken, programmes developed, and degree or diploma certificates issued are considered valid and are recognised by the countries they belong to.
3. With regard to private foreign institutions, their standing shall be regarded as established when the entity and activities developed have been officially recognised and authorised by the competent bodies, and the degree or diploma certificates issued by them are valid and recognised by the countries they belong to.
These circumstances shall be accredited on submission of documentation proving the validity in the country of origin of the degree and diploma certificates issued in Spain, the employment contract or appointment to carry out management or teaching activities. Moreover, in the case of private entities, documentation proving its official recognition in Spain shall be required.
[...]
- Members of international scientific missions who carry out research work in Spain, authorised by the relevant Administration, either State or autonomous.
This category includes foreign nationals who are part of an international scientific mission which has moved to Spain to carry out study or research activities scheduled by an international organisation or agency, and authorised by the competent authorities.
[…] (Article 117)
Procedure.
1. If a foreign national is non-resident in Spain, and the expected duration of the activity is more than 90 days, they must apply for a residence permit from the Spanish Consulate in whose jurisdiction they reside, […].
The Consulate will verify the exemption and process the residence permit […], being able to reduce the expected period to 7 days. The lack of a response should be regarded as a favourable resolution.
If a foreign national is non-resident in Spain, and the expected duration of the activity does not exceed 90 days, they must, irrespective of their nationality, apply for the corresponding visa from the Embassy or Spanish Consulate in whose jurisdiction they reside. In these cases, the procedure for applying for a visa will be that for processing short-term visas, obliging the foreigner to prove they are eligible for inclusion in one of the cases described in the preceding Article.
Issue of the visa […] shall be communicated, via the relevant computer applicant, to the Foreign Office of the province where the activity is going to be developed. […]. The total duration of the stay, and possible extensions, may not in any case exceed 90 days.
2. If a foreign national is resident in Spain, they must request recognition of the exemption, stating that they meet the required conditions, at the corresponding Foreign Office of the province where they will begin the activity, bringing with them documentation to support the fact.
This request shall be understood to be denied if, within 3 months they have not received notification from the Government sub-delegate’s or delegate’s office. […].
3. The validity period of the exemption shall be adjusted to the duration of the activity or programme that is being developed, with a maximum of one year for the initial recognition, two for the first extension, and another two years for the following extension, if the reasons for the exemption are still valid.
4. The fact of having possessed a work permit exemption does not grant rights to obtain a work permit either independently or through others.
(Article 118)
APPLICATION PROCESS:
In order to apply for this in the 3 different Territories of Euskadi and/or for further information, you should go to the following address:
Araba/ Álava:
Foreigners' Unit in Vitoria – Gasteiz
C/ General Álava, 10 – 2º Piso
01071 VITORIA – GASTEIZ
Tel.: 945 75 9480
Opening hours: Monday to Friday 9am to 2pm
Bizkaia:
Foreigners' Unit in Bilbao
Gran Vía, 50. 2º
48071 BILBAO
Tel. 94 450 94 35
Opening hours: Monday to Friday 9am to 5.30pm, Saturday 9am to 2pm
Gipuzkoa:
Foreigners' Unit in Donostia-San Sebastian
Podavines, nº 1-3º
20071 DONOSTIA-SAN SEBASTIÁN
Tel.: 943 989 110 / 120 / 122
Opening hours: Monday to Friday 9am to 5.30pm
To arrange an appointment: 943 989 110 / 120 / 122
FOR FURTHER INFORMATION:
You can also go to the Large Companies Unit (UGE), located in Madrid. All cases which the UGE has the discretionary power to process and resolve are stated in heading IX, in Articles 178 to 181 of Royal Decree 557/2011 published in B.O.E. number 103 de 30/4/2011, page 43948 to 43952) (including researchers, technologists, mangers and highly-qualified university staff, research centres, and SMEs in some strategic sectors)
Plaza de la Remonta, 12, 3.ª planta - 28039 Madrid
Tel. 91 3633261/47/69/74
E-mail: unidadgrandesempresas@mtin.es
Since 1 April 2011, it has been possible to request a personal appointment, by calling: 91 3633258/59 (from 9am to 2pm) or emailing: unidadgrandesempresas@mtin.es. It is advisable to request an appointment, especially for 5 or more applications.
Tel. +34 94 479 54 28 | Fax. +34 94 431 71 38 | info@bizkaia.xede.org
©2024 bizkaia:xede. All rights reserved