Obtaining a work permit in Spain is a procedure that anyone who wants to reside and carry out a work activity in the country must carry out. However, those who wish to start a work activity in Spain must comply with certain obligations established by law in order to obtain a work permit. Otherwise, you run the risk of facing serious consequences, such as fines for working without authorization and expulsion from the country.
The basic requirements to obtain a work permit include being over 16 years of age and, if the economic activity is carried out on your own, being of legal age. Of course, it is necessary for the applicant to have prior authorization to reside and work in Spain, which must be requested by the employer.
However, not all foreigners need to obtain a permit to work in Spain. Such is the case of those who have the nationality of one of the member countries of the European Union, the European Economic Area (EEA) or Switzerland. In addition, there are other exceptions depending on the characteristics of the work activity to be carried out.
There are four different ways through which it is possible to obtain a work permit in Spain. The method to choose will depend on whether the foreigner is already in Spanish territory or is still in their country of origin. In addition, foreigners who are members of the family of a European citizen have more facilities to obtain a residence and work authorization.
In the first place, regular non-EU immigrants who wish to carry out a work activity have access to two types of work permits: the Entrepreneur visa and the PAC (Highly Qualified Professional) visa. Both permits are governed by the Entrepreneurs Law and can be requested while already in Spain.
The entrepreneur visa is aimed at those who want to start a project whose activity is considered innovative and of special interest to the country. Among the documents required to apply for this visa are: copy of passport, criminal record, application form, business plan, proof of sufficient funds and insurance.
For its part, the visa for highly qualified professionals (PAC) is a residence and work permit for non-EU citizens who get a job offer in a qualified or technical position, or as a manager in charge of other people. To obtain the PAC visa, it is necessary to present the employment contract with a detailed description of the job in question, a resume of the employee and her passport.
Secondly, those who are located in non-EU countries and want to carry out work activities in Spain, either on their own or as an employee, can obtain a regular work permit. In both cases, the application procedure has to be initiated in the country of origin of the applicant.
The temporary residence authorization to work in Spain as a freelancer (on your own) is regulated by Royal Decree Law 557/2011, and it is a work permit for one year with the right to renewal. After five years of consecutive renewals, the foreigner can apply for permanent residence authorization.
The requirements to obtain a self-employment work permit in Spain are: having the training and professional qualifications necessary to carry out the work in question, proving that there is sufficient funding to start and maintain the activity, and present a detailed business plan. for it to be approved by one of the five Spanish institutions in charge of reviewing it (ATA, UPTA, CIAE, OPA, UATAE). Once all these requirements have been met, the applicant must register as self-employed in Spain.
On the other hand, if the foreigner finds a job offer in a Spanish company willing to hire him, he can obtain a work permit for someone else. In these cases, it is the employer who initiates the application process, for which he must ensure that the candidate is in a legal situation in his country of origin.
In order for this request to proceed, the employer must ensure that the job category offered is in the Catalog of Occupations with Difficult Coverage. Otherwise, he will not be able to hire the foreign employee and should give preference to unemployed Spanish citizens.
In the face of a significant reform to the Spanish Immigration Law, it is expected that the requirements for obtaining a work permit will be substantially relaxed or simplified. Meanwhile, foreigners seeking a job opportunity in Spain must proceed in accordance with the provisions of the regulations published in 2011.