Initial Residence and Work Authorization

INITIAL RESIDENCE AUTHORIZATION

AND WORK

Exist two types of Initial Authorizations for Temporary Residence and Work:


- BY EMPLOYEE (requested by an employer or entrepreneur for the hiring of a foreign worker who legally resides in Spain or in their country of origin)


- ON THEIR OWN (for a foreign legal resident in Spain or from their country of origin, to carry out a lucrative activity on their own).

1.- INITIAL AUTHORIZATION FOR TEMPORARY RESIDENCE AND EMPLOYMENT.

This residence and employment authorization is for NON-COMMUNITY foreigners where they will develop a lucrative activity.
 

REQUIREMENTS:


For those legal residents in Spain or in their country of origin, who have a job offer in Spain.
 

Among the most important requirements is required: that the national employment situation allows hiring. This is a procedure prior to the initial application, in order to obtain the certificate from the Employment Office.

Submit a contract signed by the employer and worker that guarantees the worker a continued activity during the period of validity of the authorization to reside and work, The conditions set out in the employment contract must be adjusted to those established by current regulations, being the Applicant employer registered in the Social Security system and be up to date with the fulfillment of their tax and Social Security obligations.

Have sufficient economic, material or personal meanstes for your business project and to meet the obligations assumed in the contract with the worker.

1.1.- PROCEDURE FOR THE FOREIGN RESIDENT IN THEIR COUNTRY OF ORIGIN


Employer or businessman is the one who submits the application to the Immigration Office of the province where the services are to be provided.

Upon granting, if the worker is in his country of origin, he has one month from the notification to the employer, to personally request the visa at the consulate to which he belongs, the latter will decide on the request within a month.

Once the granting of the visa has been notified, the worker must pick it up in person within a month from the date of notification. The worker must enter Spain during the three months of validity of the visa, which qualifies for entry and stay in Spain in a situation of stay until their affiliation and registration in the corresponding Social Security regime, within a period of three months. from the entrance.

Within a month from when the worker has registered with Social Security, they must personally apply for the Foreigner Identity Card (NIE) at the Immigration Office or Police Station in the province where the application was processed. authorization.

1.2- PROCEDURE FOR A FOREIGN RESIDENT BEING REGULARLY IN SPAIN:


If the foreigner is regularly in Spain, they can apply for this permit (modifying their current resident status). Excluding the entire consular part, it is submitted directly to the Immigration Office of the province where the professional services are to be provided.


Once said work authorization has been granted, you have one month to register with the corresponding Social Security scheme and subsequently process your new residence card.


2.- TEMPORARY RESIDENCE AND SELF-EMPLOYMENT.


For those legal residents in Spain or in their country of origin, who want to work on their own in Spain.


REQUIREMENTS:


The establishment project or activity to be carried out, indicating the planned investment, its expected profitability and, if applicable, jobs whose creation is expected; as well as documentation proving that it has sources of financing for the economic investment necessary for the implementation of the project. 

Possess the required professional qualification or accredited experience, sufficient in the exercise of the professional activity, as well as, where appropriate, membership when required.

In addition to proving that you have sufficient financial resources for your maintenance and accommodation, once those necessary for the maintenance of the activity have been deducted.

2.1- PROCEDURE FOR THE FOREIGN RESIDENT IN THEIR COUNTRY OF ORIGIN:


The application is presented in person at the Spanish consulate corresponding to the applicant's country of residence. Upon granting, the worker has one month from the notification to personally apply for the visa. Once the granting of the visa has been notified, if applicable, the worker must pick it up personally within a month from the date of notification.

Once the visa has been collected, the worker must enter Spanish territory within the validity period of the visa, which will be three months. From the moment you enter Spain, you have three months to complete your affiliation, registration and subsequent contribution in the terms established by the applicable Social Security regulations.


Within a month from when the worker hasOnce you have been registered with Social Security, you must personally apply for the Foreigner Identity Card at the Immigration Office or Police Station of the province where the authorization was processed.


2.2- PROCEDURE FOR A FOREIGN RESIDENT BEING REGULARLY IN SPAIN:


If the foreigner is regularly in Spain, they can apply for this permit (modifying their current resident status). Excluding the entire consular part, it is submitted directly to the Immigration Office of the province where the professional services are to be provided. 

Once said work authorization has been granted, you have one month to
your affiliation is made, registration and subsequent contribution in the terms established by the applicable Social Security regulations.

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