Residence and work permit for employees in the country of origin

This is a temporary residence and work permit requested by an employer or entrepreneur from inside Spain to hire a worker who is not located (and does not reside) in Spain. It is valid for one year and is renewable. 

• The applicant must not be a citizen of a State of the European Union, the European Economic Area, or Switzerland. Likewise, the applicant must not be a family member of citizens of these countries to whom the Union citizen regulations apply.
• The applicant must not be in Spain illegally.
• The applicant must have no criminal record in Spain or in their previous countries of residence for crimes existing under Spanish law.
• The applicant must not be prohibited from entering Spain and not be barred from entering any countries with which Spain has signed an agreement to this end.
• If applicable, the foreigner cannot be bound by a non-return commitment period assumed when voluntarily returning to his or her country of origin.
• The applicant must pay the fees to process the residence and work permit for employees.
• The national employment situation must allow for hiring. The national employment situation allows for hiring if:
  • The position that the worker will hold in the company is included in the catalogue of positions that are difficult to fill published quarterly by the State Public Employment Service.
  • The competent immigration office finds that the position could not be filled with those currently unemployed, in accordance with a certificate issued by the State Public Employment Service regarding the job offer.
  • The permit is awarded to nationals of States with which Spain has signed international agreements (Chile and Peru).
  • Applicants can prove application of a case under Article 40 of Organic Law 4/2000.
• The applicant must present a contract signed by the employer and worker guaranteeing the worker continuous work during the residence and work permit's validity period. The date of said contract must be conditioned on the start date of the residence and work permit.
• The conditions established in the employment contract must align with current regulations. In the event of a part-time contract, remuneration must be equal to or greater than the minimum interprofessional wage for full-time employment on an annual basis.
• The employer must be registered with the Social Security system and be up to date with its tax and Social Security payments.
• The employer must have sufficient financial, material, and personal means for its business project and to meet the obligations assumed under the contract with the worker:
  • If the employer is a natural person, he/she must prove (after payment of the agreed salary has been deducted) 100% of the Multi-Purpose Public Indicator of Income (Spanish acronym IPREM) if there are no dependent family members (this amounts to 600 euros per month in 2023).
  • If the family unit includes two members, 150%. Likewise, if the family unit includes more than two people, an additional 50% of the IPREM must be added to the previous amount for each additional member.
• The applicant must possess the training and, as applicable, the professional qualifications legally required to practice the profession.

• Two copies of the official application form (EX–03) duly filled out and signed by the hiring company. In the autonomous community of Catalonia, the Generalitat de Catalunya's official form is used (AUT01a).

Documentation relating to the worker:

• Full copy of the worker's passport or valid travel document.
• Copy of documentation proving that the applicant possesses the training and, as applicable, the professional qualifications legally required to practice the profession.

If applicable, a document proving the exceptional situation to not take into account the catalogue of positions that are difficult to fill.

IMPORTANT: Documents issued outside Spain must be legalised or apostilled by the Ministry of Foreign Affairs and Cooperation in Madrid and translated by an authorised sworn translator.

Documentation about the company (except domestic service):

• Documentation identifying the company requesting the permit.
  • If it is an individual: copy of the individual's TIN or foreigner identity number, or consent to verify identity data through the Identity and Residence Data Verification System.
  • If it is a company (S.A., S.L., cooperative, etc.):

• • • Copy of the company's TIN and a copy of the articles of incorporation, duly registered with the corresponding registry office.
    • Copy of a public document proving that the signatory of the permit application is a legal representative of the company.
    • Copy of the application signatory's TIN or foreigner identity number, or consent to verify identity data through the Identity and Residence Data Verification System.

• Signed employment contract. Remember to present the original and one copy. The copy will be stamped by the immigration office and returned for its subsequent presentation by the foreigner with the application for a residence and work visa.
• Documentation proving the applicability of a reason to not take the national employment situation into account. 
• Proof that the company can guarantee the required solvency, through: copies of personal income tax returns, VAT returns, corporate tax returns, or the company's working life report (Spanish acronym: VILE) for the last three years. Likewise, a descriptive report of the task to be performed must be provided.

Documentation from the employer if the activity is domestic service:

• Copy of the employer's TIN or foreigner identity number, or consent to verify identity data through the Identity and Residence Data Verification System.
• Signed employment contract. Remember to present the original and one copy. The copy will be stamped by the immigration office and returned for its subsequent presentation by the foreigner with the application for a residence and work visa.
• Documentation proving the applicability of a reason to not take the national employment situation into account.
• Copy of the latest personal income tax return or an income certificate issued by the tax authorities, or any other documentation that proves sufficient solvency for hiring to take place.
• Certificate of individuals living at the same address.

Individual entitled to submit the application: The employer or entrepreneur, personally, or through a proxy that has been assigned legal business representation.

Place where the application is to be submitted: Immigration office of the province where the employee's services will be provided. If the company has work centres in more than one province and more than 500 workers, the application is to be submitted to the Large Business Unit of the General Directorate of Immigration. 

If the application is approved, the worker has one month from when notification of approval is made to the employer to personally request the visa at the diplomatic mission or consular office under whose jurisdiction he or she resides. The visa application must be accompanied by:

• Ordinary passport or travel document recognised as valid in Spain, with a minimum validity of four months.
• Criminal record check issued by the authorities of the country of origin or the country or countries in which the applicant resided during the last five years.
• Medical certificate.
• Copy of the employment contract that was presented to and sealed by the immigration office.
• Proof of payment of the visa fee.

Once the worker is notified that his/her visa has been granted (if applicable), he or she must collect it personally within a period of one month from the date of notification. If the visa is not picked up within the aforementioned period, it will be understood that the worker is no longer interested in the visa and the application will be archived.

The worker must enter Spain during the visa's three months of validity. Said visa enables the worker to enter and remain in Spain temporarily until he/she is registered and starts paying into the corresponding Social Security scheme – something which must be done within a period of three months from the time the worker enters the country.

Within a period of one month after the worker has registered with Social Security, he or she must personally request the foreigner identity card at the immigration office or the police station of the province where the permit was processed. 

REQUESTING THE FOREIGNER IDENTITY CARD UNDER AN EMPLOYEE RESIDENCE PERMIT

At this point, the foreign worker may request his/her physical ID card. To do so, the following is needed:

• Application for a foreigner identity card, official form EX-17.
• Proof of payment of the card issuance fee.
• Valid passport.
• Letter granting initial authorisation to reside and work.
• Registration with Social Security of the company/employer.
• One colour passport photo on a white background.
• Proof of appointment.

If you receive notice that the permit was denied, you may file an appeal for review of said denial within a period of one month from the time you are notified. You may also file a contentious-administrative claim before the court within a period of two months from the time you are notified.