How to obtain the residence for subordinate employment in Spain
2 December, 2020duguech
The residence for employed work is a temporary permit for non-EU foreign citizens.
To obtain it, it is necessary to have a work contract with a company or employer in Spain. In addition, a series of legal requirements must be met, and the documentation required by the Ministry of Labor must be presented.
How to apply?
The employer or a legal representative must make the application in person at the Immigration Office in Spain.
The worker must make the application at the Spanish consular office in his/her country. This permit cannot be requested in Spanish territory.
The work to be performed by the non-EU foreign worker must be registered in the catalog of occupations of difficult coverage recorded in the Public Service of State Employment (Servicio Público de Empleo Estatal) (SEPE).
The application must be submitted to the Large Companies Unit of the Directorate General of Immigration, if the company applying for the residence permit has more than 500 workers, and of operation centers in several provinces.
Requirements for the application for the residence permit for employed work.
- To be a non-EU foreign citizen. That is to say, not to be a citizen of any country of the European Union.
- Not to be present illegally in Spanish territory.
- Not to have a criminal record in Spain.
- Employment contract.
The residence for employment can only be requested if there are no professional profiles like the applicant’s in the Spanish labor market, or if there is a shortage of personnel in his or her area of work.
- Valid passport or travel document.
- Criminal record certificate issued in the country of origin or in the country where he/she has resided during the last five years.
- Medical certificate.
- Contract signed by the company and the worker and stamped by the Immigration Office.
- Payment of the fees within ten days of the application. In that time, it corresponds to the worker to pay the Rate 052 and to the employer the Rate 062.
Remember to submit the original and a copy of all documents when submitting the application. Documents written in co-official languages or issued in other languages must be translated into Spanish.
Resolution of the application
The application will be resolved within three months from the day after signing the registration at the Immigration Office.
Administrative silence means that the application has been rejected.
If the residence authorization for employed work is approved, the next step is to apply for a visa in the applicant’s country of residence.
The deadline to collect the visa is one month. The worker will have to pick it up personally. If he/she fails to do so, the authorities consider that he/she has forfeited the permit.
The visa is valid for three months. During this period, the worker must travel to Spain. The company must register him/her with the Social Security.
When the worker has been registered with the Social Security, he/she must personally apply for the Foreigners’ Identity Card.
Do you need legal advice to apply for the residence for employment? In Duguech&Dip we can accompany you in the process. Book an appointment with us. We are waiting for you.
This information does not constitute under any circumstances legal advice, serving only for informational purposes. In case you need professional services in Global Immigration and Mobility, please contact us.
* It should be taken into account that the regulations of any of the countries analyzed, as well as the established procedures, may change at any time and without prior notice.
© 2020 Duguech & Dip, S.L.P. – All rights reserved.