Residence and Work Permit for Employees: Comprehensive Guide

What is the residence and work permit for employees? How can it be obtained? What are the requirements for applying? At Gentile Law, specialists in the processing of visas and residencies in Spain, we explain the keys to obtaining the residence and work permit for employees in Spain. 

Spain has experienced a significant increase in the arrival of foreign workers in recent years. To regularize their situation and promote their contribution to the labor market, Spain offers a residence and work permit for those who work as employees. This permit allows foreigners to work in the country legally and securely. 

What is the residence and work permit for employees? 

The residence and work permit for employees in Spain is an authorization requested by the employer who intends to hire a foreign worker. This permit`s main purpose is to facilitate a specific work activity, allowing the foreigner to work legally for a Spanish company and reside in the country for one year, with the possibility of renewal. 

Why opt for the residence and work permit for employees?

The effectiveness of this permit is reflected in several aspects, including: 

• It allows employers to legally hire qualified foreign workers from the best universities in the world, avoiding sanctions and legal issues. 
• It offers foreign workers the opportunity to access the Spanish labor market, enjoying all labor and social rights, such as social security, healthcare, and unemployment benefits.

What are the requirements for applying for the residence and work permit for employees? 

What requirements must be met to apply for the residence and work permit for employees? 

Here is everything you need to know to obtain the residence and work authorization in Spain: 

• Not being a citizen of the EU, the European Economic Area, or Switzerland, nor a family member of citizens of these countries
• Not being in an irregular situation in Spain or having banned entry
• Presenting a job contract or job offer that complies with current regulations 
• Having no criminal record
• The employer must be registered with Social Security and have sufficient financial means to support the contract
• The foreign worker must have the necessary training or professional qualifications to carry out the activity
• The national employment situation must allow the hiring of the foreigner

At Gentile Law, as experts in advising companies and self-employed individuals, we warn that this last requirement often generates more doubts and inconveniences. Therefore, we offer a detailed analysis to clarify it. 

What is the national employment situation?

The national employment situation is a condition that requires foreigners who wish to reside and work in Spain to maintain a balance between local and foreign workers. It allows the hiring of a non-resident foreigner if the Immigration Office considers that the job could not be filled by residents in the country. For this, the company must present a certificate issued by the Public Employment Service stating that it was not possible to fill the position with residents in Spain.

It is important to note that not everyone need to meet this requirement. 

Who is exempt from proving the national employment situation? 

There are certain cases where it is not necessary to prove the national employment situation,and therefore, they can apply for the visa even if there are other resident candidates who could fill the position. The people who meet any of the following conditions do not need to comply with this requirement: 

• Citizens of Chile or Peru 
• Occupations included in the catalog of difficult-to-cober occupations, published quarterly by the State Public Employment Service. If you want to know more about difficult-to-cover occupations, we recommend consulting our specific article on this matter
• Those who prove the occurance of a situation covered by Article 40 of Organic Law 4/2000

What benefits does the residence and work permit for employees offer? 

The residence and work permit for employees provides a series of rights and benefits to foreigners who obtain it, including: 

• The right to reside and work in Spain under the same labor and social conditions as Spanish workers, including minimum wage, social security, paid vacations, maternity and paternity leave, and protection against labor discrimination
• Free movement within the Schengen Area without needing additional visas
• The right to study in Spain
• The possibility of applying for Spanish nationality by residence
• The possibility of migrating with family members

How to apply for the residence and work permit for employees? 

The person entitled to apply for this permit is the employer, either personally or through a legal representative of the company. At Gentile Law, we represent numerous companies in hiring foreign employees and manage the process for our clients. 

The resolution period is three months from the day following the application submission date. If the Public Administration does not resolve within this period, it will be considered that the application has been rejected by administrative silence (negative administrative silence). 

At Gentile Law, experts in the processing of European visas and residencies, we advise and assist you so that you can hire a foreigner safely and quickly, and we explain all the keys to applying for the residence and work permit for employees in Spain.