This is an initial temporary residence and employment visa in Spain, requested by an employer or business owner to hire a foreign worker over the age of 16 for a period of more than 90 days and less than five years.

Contenidos ocultar
1 Basic Regulations
2 Compatibility
3 Requirements
4 Required Documentation
5 Procedure
Basic Regulations
Compatibility

The initial permit for temporary residence and employment will also authorize the exercise of a self-employed activity during its validity, provided that the principal activity is the employed activity, unless the employment has been terminated unexpectedly for reasons beyond the foreigner’s control. This circumstance must be reported to the Immigration Office that granted the permit within three days.

Requirements
  • Not be a citizen of a state of the European Union, the European Economic Area, or Switzerland, or a family member of citizens of these countries to whom the status of EU citizen applies.
  • Not be in Spanish territory illegally.
  • Not have a criminal record in Spain or in the countries where they have resided in the last five years, for crimes admissible under Spanish law.
  • Not be considered unsuitable for foreigners in the territorial area of ​​countries with which Spain has signed an agreement to this effect.
  • Not be, where applicable, within the period of the commitment not to return to Spain that the foreigner assumed upon voluntarily returning to their country of origin.
  • Not represent a threat to public order, public safety, or public health.
  • Pay the corresponding fee for processing the procedure.
  • The national employment situation must permit hiring. It is permitted if:

– The job the employee will perform in the company is included in the catalog of hard-to-fill jobs published quarterly by the State Public Employment Service.

– For jobs not classified as hard-to-fill, when the employer can prove to the Immigration Office that it is difficult to fill the vacant positions with workers already in the domestic labor market. For these purposes, the Immigration Office will take into consideration the report submitted by the Public Employment Services, as well as the urgency of the hiring process, as certified by the company. To do so, a job offer must be submitted on the Empléate portal and to the Public Employment Services. The authorization is intended for nationals of states with which Spain has signed international agreements (Chile and Peru).

– They can prove the existence of a situation listed in Article 40 of Organic Law 4/2000.

 

  • Present a contract signed by the employer and employee guaranteeing the employee continued employment during the validity period of the residence and work permit. The date must be subject to the effective date of the residence and work permit.
  • The conditions established in the employment contract must comply with those established by current regulations. If the contract is part-time, the salary must be equal to or greater than the minimum interprofessional wage for a full day and calculated annually.
  • The requesting employer must be registered with the Social Security system and up to date with their tax and Social Security obligations.
  • The employer must have sufficient financial, material, or personal resources for their business project and to meet the obligations assumed in the contract with the employee:

 

  1. If the employer is an individual, they must provide proof, after deducting the agreed salary, of 50% of the minimum wage if there are no dependents.
  2. If the family unit includes two members, 100% of the minimum wage (SMI). If the family unit includes more than two people, 25% of the minimum wage (SMI) must be added to the above amount for each additional member.

 

  • Possess the training and, where applicable, the legally required professional qualifications for practicing the profession, duly approved where applicable.

 

Required Documentation
  • Application form (EX-03), duly completed and signed by the hiring company.
  • Documentation relating to the employee:

– A full copy of the employee’s valid passport or travel document.

– A copy of the documentation proving the training and, where applicable, the legally required professional qualifications for practicing the profession, duly approved where applicable.

 

  • Documentation relating to the company, except for domestic service:

 

Documentation identifying the company requesting authorization.

– If the company is a sole proprietor: a copy of the NIF (Tax Identification Number) or NIE (Foreign National Identification Number), or consent to verify identity data through the Identity and Residence Data Verification System.

– If the company is a legal entity (S.A., S.L., Cooperative, etc.):

▪ A copy of the company’s NIF (Tax Identification Number) and a copy of the articles of incorporation duly registered with the corresponding Registry.

▪ Copy of the public document proving that the signatory of the authorization application is the legal representative of the company.

▪ Copy of the NIF (Tax Identification Number) or NIE (National Identity Document) or consent to verify identity details through the Identity and Residence Data Verification System of the signatory of the application.

  • Documentation proving that the company can guarantee the necessary solvency, through: a copy of the Personal Income Tax (IRPF), VAT, or Corporate Tax return, or the company’s employment history report (VILE), covering the last three years. A descriptive report on the occupation to be performed must also be provided.

 

Documentation from the employer if the activity is domestic service:

 

  • Copy of the employer’s NIF (Tax Identification Number) or NIE (National Identity Document) or consent to verify identity details through the Identity and Residence Data Verification System.
  • Copy of the most recent personal income tax return or income certification issued by the Tax Authority, or other documentation proving sufficient solvency for the contract.

 

Documentation related to the employment relationship:

 

  • Signed employment contract. The original and a copy must be submitted. The copy will be stamped by the Immigration Office and returned for later submission by the foreigner along with the residence and work visa application.
  • Documentation proving any circumstances in which national employment status is not considered. (See information sheet with the cases and the specific documentation.)
Procedure
  • Entitled party to submit the application: the employer or business owner, personally, or through a legal entity assigned legal representation.
  • Place of submission:

In person, at the Immigration Office of the province where the services will be provided.

Online, through the website of the Ministry of Territorial Policy and Democratic Memory (Mercurio).

  • Corresponding fees: These will be due when the application is accepted for processing and must be paid within ten business days. They are:

-Form 790, code 052, section 2.1 “initial authorization for temporary residence”: to be paid by the foreign worker.

-Form 790, code 062, to be paid by the employer:

▪ Salary less than twice the minimum wage: section 1.1 for an employee with a residence permit.

▪ Salary equal to or greater than twice the minimum wage: section 1.6 for an employee with a residence permit.

  • Application resolution period: three months from the day following the date it was entered into the registry of the competent body for processing. If this period elapses without notification by the Administration, the application may be deemed to have been rejected due to administrative silence.

In the event of a visa being granted, the worker has one month from the date of notification to the employer to personally apply for the visa at the Diplomatic Mission or Consular Office in whose district they reside. The visa application must be accompanied by:

– Ordinary passport or travel document recognized as valid in Spain with a minimum validity of one year.

– Criminal record certificate issued by the authorities of the country of origin or the country or countries where the worker has resided for the last five years.

– Medical certificate.

– Copy of the contract submitted and stamped by the Immigration Office.

– Proof of payment of the visa fee.

  • The Diplomatic Mission will decide on the application within one month.
  • Once notified, if applicable, that the visa has been granted, the worker must collect it in person within one month of the notification date. Failure to collect it within the aforementioned period will be deemed a waiver of the visa and the file will be closed.
  • The worker must enter Spain during the three-month validity period of the visa, which allows entry and residence in Spain until registration and enrolment in the corresponding Social Security system are completed, within three months of entry.
  • Within one month of registration with Social Security, the worker must apply in person for a foreigner’s identity card at the police station or the relevant police services in their place of residence.