How to work in Spain through jobs with difficult coverage?

What is the catalogue of occupations with difficult coverage as an employment opportunity in Spain for foreigners? How to work in Spain through jobs with difficult coverage? What are hard-to-fill positions? What is the difficult-to-fill job catalog? How can one apply for a difficult-to-fill job? At Gentile Law, legal experts in visa and residence permit processing, we explain the keys to applying for a residence and work permit in Spain as well as a guide to working in Spain through jobs with difficult coverage.

In this article, as immigration lawyers,  we will analyze the possibility of hiring non-resident foreign citizens in Spain, highlighting jobs with difficult coverage as the most accessible avenue for migrating and working in Spain. We will delve into the reasons why these jobs stand out as a more viable and simplified alternative, providing an essential guide for those seeking to embark on their professional journey in Spanish territory.

What do I need to work in Spain?

Are you a foreigner and do you want to work in Spain? What do you need to work legally in Spain? To reside and work in Spain, it is necessary to apply for a residence and work permit in the country. For non-resident foreign citizens, the most commonly used permit by local companies is the residence and work permit for employees. What does it consist of? You can find more information in our article: “¿Qué es el permiso de residencia y trabajo por cuenta ajena?”. To apply for this residence and work permit, except for exceptions, it is necessary to prove that the national employment situation allows for hiring.

What is the national employment situation?

What is the employment situation in Spain? How can a foreigner work legally in Spain? From Gentile Law, expert lawyers in processing visas and residence permits to work in Spain, we tell you about it When a Spanish company seeks to hire a non-resident foreigner through a residence and work permit for employees, except for exceptions, it is necessary to verify that the national employment situation will not be affected by the hiring and subsequent commencement of the employment relationship.

The national employment situation is considered overcome if the company demonstrates that there are no unemployed individuals available to fill the job position. To achieve this, the company must follow the outlined process. What steps must a company take to hire a foreigner who is not resident in Spain?

• Publish the job offer on the State Public Employment Service (SEPE) portal for 8 days.
• After the 8-day publication period, the company must inform the SEPE of the reasons why the applicants could not be hired.
• If the SEPE accepts the explanations, it will issue the certification of insufficient demand within a maximum period of 3 days.

The accreditation of the national employment situation, in most cases, hinders and frustrates the hiring of foreigners. The complexity of the procedures and requirements associated with this accreditation represents a barrier to the recruitment of international talent in the Spanish labor market.

Exception to the need to prove the national employment situation

Is it necessary in all cases to accredit the national employment situation of foreigners who are not resident in Spain? What is the catalogue of professions that are difficult to cover and how to apply for it? It is worth noting that it is not always necessary to prove the national employment situation to hire non-resident foreign citizens in Spain. The most common cases where this requirement is not necessary include:

• The occupation is included in the difficult-to-fill job catalog, which will be discussed further.
• When hiring is directed at citizens of Chile and Peru.
• Family members reunited in working age, or the spouse or child of a foreigner residing in Spain with renewed authorization, or the child of a naturalized Spanish citizen, or a citizen of the EU who has been residing in Spain for at least one year.
• Workers required for the assembly or renewal of an installation or production equipment.
• Foreigners responsible for Spanish nationals` ascendants or descendants.
• Foreigners born and residing in Spain.
• Children or grandchildren of Spanish origin.

It should be noted that there are more exceptions, but in this article, as lawyers specialising in foreigners, we highlight the most commonly used in practice.

What is the difficult-to-fill job catalog?

What is the difficult-to-fill job catalog in order to work in Spain?The catalog of difficult-to-fill jobs is a quarterly list published by the Spanish State, determining the job positions that are challenging to fill either due to specialization or geographical location of the job vacancy.

Because it can be challenging to hire someone for these job positions, Spanish authorities exempt companies from the obligation to prove that the national employment situation allows for hiring.

What are the difficult-to-fill jobs?

What are the jobs to come and work in Spain within the catalogue of professions that are difficult to cover? What are the professions that are difficult to cover in 2023? From Gentile Law, as specialist lawyers in applying for residence permits to work in Spain, we tell you which are the jobs that are difficult to cover if you want to work in Spain. While the catalog is updated quarterly, the job positions typically included are:

• Ship machinists
• Ship waiters
• Building and housing electrical installers
• Professional athletes and coaches

The last catalog was published on October 19, 2023, in the Official State Gazette, where the complete list can be found here: https://www.boe.es/boe/dias/2023/10/19/pdfs/BOE-A-2023-21553.pdf

Jobs with difficult coverage in Spain offer a strategic route for foreign professionals, providing them with the opportunity to migrate and work without facing restrictive requirements. What are the advantages of working in Spain through jobs that are difficult to fill?. This advantage not only facilitates labor market integration but also contributes to the diversification and strengthening of the Spanish labor market by attracting international talent.

Gentile Law, expert lawyers in visa and residency procedures in Spain and Europe

How can I work in Spain through difficult-to-fill jobs? Now that you know what the catalogue of difficult-to-cover professions is and what it is for, if you are a foreigner not resident in Spain and you want to work in the country, at Gentile Law, experts in visa and residence permit processing, we have professionals specialized in applying for residence and work permits to fill difficult-to-fill jobs. At Gentile Law, as immigration lawyers we accompany our clients throughout the process to obtain authorization quickly and safely.