APPLY FOR A RESIDENCE AND WORK PERMIT

• A) As an employee
• B) As a self-employed person

A) PERMIT TO RESIDENCE AND WORK AS AN EMPLOYEE

National employment situation

• The occupation that the worker is going to perform in the company is included in the catalogue of occupations that are difficult to fill that the State Public Employment Service publishes quarterly. This means that the presence of an occupation in the catalogue implies, for the employer, the possibility of processing the authorization to reside and work for a foreign worker for said job.
• In the case of occupations not classified as difficult to fill, when the employer proves to the Immigration Office the difficulty of filling the vacant jobs with workers already incorporated in the internal labor market. This is a complicated procedure insofar as the employer must publish the job offer in Spain, and only if it is unable to fill the job with citizens residing in Spain, may it hire foreign personnel.
• The authorization is aimed at nationals of States with which Spain has signed international agreements. As is the case of Chile and Peru.
• Prove the existence of a situation included in article 40 of Organic Law 4/2000. In summary, the following situations are found:
  • Reunited family members of working age
  • Holders of a prior work permit who are seeking to renew it.
  • Workers required for the assembly or renovation of a production facility or equipment.
  • Those who have enjoyed refugee status during the year following the cessation of application of the Geneva Convention of 28 July 1951.
  • Those recognised as stateless.
  • Foreigners who have Spanish citizenship ancestors or descendants in their care.
  • Foreigners born and resident in Spain.
  • The children or grandchildren of Spanish nationals.
  • Foreign minors of working age with a residence permit who are under the guardianship of the competent child protection entity.
  • Foreigners who obtain a residence permit under exceptional circumstances in the cases determined by regulation and, in any case, when they are victims of gender violence or human trafficking.
  • Foreigners who have held work permits for seasonal activities for two calendar years and have returned to their country.
  • Foreigners who have renounced their residence and work permit under a voluntary return program

Steps to follow

Work visa

• Not be an EU citizen.
• Not be illegally present in Spanish territory, nor be prohibited from entering Spain.
• Not have a criminal record.
• Pay the processing fees
• Provide a copy of the signed employment contract.
• Provide the favourable resolution granting the residence and work permit.

B) TEMPORARY RESIDENCE AND SELF-EMPLOYMENT AUTHORIZATION

Self-employed residence vs. residence for entrepreneurs

Essential: The business plan

Procedure

• Request an appointment at the consulate
• You must provide a file with the following documents:
  • Application form, national visa form and consular fee.
  • Medical certificates of good health, criminal record certificate, marriage certificate and birth certificate of children, all with a Hague apostille and translation if necessary.
  • Business plan approved by a registered business association, professional training (CV, letters of recommendation) and additional attached documentation (e.g.

    Period of validity

    The permit will have an initial validity of 1 year, with the possibility of accessing 2 renewals of 2 years each and finally a renewal of 5 years. If you are interested in working as a self-employed person or as an employee in Spain, ExtranjeríaPro will help you with your application!