Work permit to work for an employer
Information concerning the work permit:
The first work permit may be limited to work in a specific profession, activity and geographic area.
Important notice for the employer:
To grant initial permits to work for an employer, the following factors will be taken into consideration: - Insufficient Spanish, Eu and foreing employees in the whole national territory, skilled for the profession and able to fill the employment offered by the company.
- The handling of the "employment offer", that is to say the search for employees, which must be submitted to the public employment service, must have been favourable tot he foreign employee.
The above-mentioned certification will have a validity of 2 months. |
Procedure for the application of a work permit as employee
It may be necesasry to file 2 applications, one for a resident permit (in Spain), and one for a residence visa (in the country of origin). In any event, the company must first initiate the required steps at the foreigners' office in Spain. The application for a residence visa (submitted by the employee) is only necessary if the worker does not have a residence permit.
A visa for work and residence may be obtained when the company that has offered the job has processed an employment offer in Spain and the competent employment authorities have issued a favourable report.
Main Steps- The contracting company must obtain the forms and the information necessary (at the foreigners' Office in Spain or at the website www.mir.es)
- To fill in the forms and prepare the documentation required in each case. Should the employee not comply with any of the requirements mentioned in Article 71 (see Annex 1) of RD 864/2001, neither to come from Chile or Peru; it will be necessary to have obtained previously at an OTG (Employment Office of the Government of Catalonia) a document that accredits that the employment offer has been duly processed.
What does it means that the employment offer has been duly processed?
That the employment offer has not been filled by employees in the national territory, whether they are Spanish, from the EU or foreigners authorized to work, without prejudice to the provisions of Article 40 (see Annex 1) of the Foreigners' Act.
Annex 1
Literal Text of Art. 40 of RD 4/2000, of 11 January:
Article 71. Specific cases for the granting of work permits.
The national situation of employment will not be taken into account if the employee accredits being in one of the situations established in any of the following cases: - The cover of posts of confidence in the established conditions.
- Being a spouse or child of a foreign resident in Spain or having a renewed permit. The child of a naturalized in Spain or an European citizen, if the spouse or child have been living, in a legal situation, in Spain and the child has not the right of the European regime.
- Being a holder of a previous work authorization that is going to the renewed.
- Workers that are essential for the assambly of a installation or productive equipments.
- Having been a refugee during the year following the cessation of the Geneva Convention of 1951, about the statute for refugees according to the reasons included in its article I.C5.
- Having been recognized as an expatriate and having lost such condition the next year of the ending of the aforementioned statute.
- Having Spanish ancestors or offspring in their care.
- Being born and being resident in Spain.
- Being the child or the grandchild of a Spanish citizen.
- Foreigners under the age of 18 who are working with residence permit, under the care of the competent minor-protection entity, for those activities which , according to the said entity, favour their social integration and once the impossibility of their return with their families or to the country of origin has been accredited.
- Foreigners holding a residence permit through the procedure established in Article 31.3 of the present Law. The permit will have a length of one year.
- Foreigners that have hold a seasonal work permit, during four natural years, and they have returned to their countries.
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- To apply for the work permit for an employer. All the documentation must be submitted tot he foreigners' office in the province where the company has its registered office.
- After obtaining the receipts of the application:
- If the employee already had a residence permit, it is not necessary to take any additional steps. The company will receive the resolution of the application by post and will then contact the employee. (The communication of the resolution of the application is the document that allows the company to registere the contribution / registration of the employee with the Social Security).
- If the employee is not a legal resident in Spain, the company will obtain several receipts of applications (1 copy of the application Ex-01 for a work permit + 3 copies of the application Ex-04 of the offer of employment), and will send to the employee a copy of the application Ex-01 for a work permit + 2 copies of the form Ex-04 of the offer of employment. This documentation will be needed by the employee to apply for a resident permit.
In this case, in all documentation that the company will obtain, there will be a receipt that accredite the application and all the papers will have a NEV (Linking number of Visa) assigned.
There are two cases, depending on where the foreign employee is at the time a residence and work permit is applied for:
- If the foreing employee in whose favour the offer of employment is formulated is in his/her country of origin, the company /employer will have to send him/her urgently two originals of the form Ex-04 of the employment offer presented, as well as the original of the receipt Ex-01 of the application for a residence and work permit.
- If the foreing citizen in favour of whom the offer is formulated is temporarily in Spain, he/she will have to return to his/her country of origin in order to apply for a visa there or, by default and exceptionally, may designate another person in his/her country of origin to apply for a visa on his/her behalf. In any event, he/she will be obliged to personally collect the said visa.
- Only inthe second case above, the employee muat obtain a residence visa. When the handling procedure of the visa has ended, and he/she has obtained it, he/she may enter Spain as a resident and will have to contribute a copy to the application for the work permit that the company had commenced in Spain. The company will await to receive the resolution of the application by post and may then contact the employee.
Business documentation- Employment offer signed by the employer or corporate legal representative, in a free official form (Ex-04), in four copies (with the original signature in the four copies).
- Original and copy of the employer's ID or CIF in the case of companies (the original will be returned).
If the company is incorporated as a body corporate, a public document granting the representation of the company to the individual who makes the application (original plus one copy; the original will be returned). - Original and one copy of the registration of the company with the Social Security (the original will be returned). By default, a document accrediting being exempt. TC-1 and TC-2 of the company corresponding to the last month of social security contribution (original plus one cop; the original will be returned), and original certificates of the General Treasury of the Social Security and the Governmental Agency of the Tax Administration, accreditative, respectively, of being up-to-date in the tax and social security liabilities that may be demanded in Spain.
- In the event of a company created in the previous year, besides general documentation requested, the following documents must be contributed:
- Memorandum and Articles of Association of the Company registered at the Companies Registry.
- Availability titles of the premises occupies by the company.
- Documentary accreditation of the need to employ foreign workers (particularly contributing business orders, etc.).
- Certificate of the public employment services, reflecting the result of the processing of the offer submitted. (This certificate must be requested at an Employment Office of the Government of Catalonia (OTG).
| Note: this accreditation will not be necessary if it occurs in the specific case of one of the cases estabished in Article 40 of the regulations of the Foreigners' Act. |
- If needed, a descriptive report of the business activities and profile of the workplace, which justifies the engagement or transfer of foreign employees.
Important notice:
The Foreigners' Office returns the copies of the employment offer and the application for a work permit sealed. These copies are sent to the future employee, for him/her to submit to the Spanish Consulate in his/her country of origin. This is done int he cases of the application for initial work permits (when the employees does not have a residence permit), because there is a maximum term of 3 months to request a working residence visa in the country of origin . |
Employee's documentation, in order to apply for a working residence visa.
- Application (free official form, Ex-01), signed by the employer or the company's legal representative.
- Three recent, small-sized. colour photographs, non-plastified, on a white ground (photocopies are not valid).
- A copy of the passport, registration document or travel document in force. If the document have expired, a copy must be submited, plus a copy of the application for renewal.
- Only when the permit is requested for professionals by reason of their specialization, academis degree or certified professional certificate (original and copy). (in the case of Standardization see pag. 8.)
- Only for legal residents, residence card in force and a photocopy.
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