What is the authorization for temporary residency for professional athletes

What is the authorization for temporary residency for professional athletes? How to apply for the temporary residence authorization for professional athletes? What are the requirements for obtaining the temporary residence permit for professional athletes? At Gentile Law, expert lawyers in processing visas and residences for professional athletes, we tell you everything you need to know if you need a temporary residence authorization and work as an employee.

If you are a professional athlete looking to move to Spain, or if you’re a club looking to contract a foreign athlete, this article will provide you with the information you need. Thanks to a law passed in 2005, professional athletes are able to get a residency permit to move to Spain. The following article will highlight what the requirements are, what documentation is needed and how to go about the procedure.

What is the authorization for temporary residency for professional athletes?

What is the authorization for temporary residency for professional athletes? How to apply for the temporary residence authorization for professional athletes? This type of authorization allows for a sports club, sports association, or autonomous sports society, serving as one`s employer, to solicit a temporary residence permit in order to hire a professional athlete. Essentially, this authorization serves as a way for sports entities to hire professional athletes from outside of Spain.

What are the requirements to qualify for this type of residency permit?

How to apply for the temporary residence authorization for professional athletes in Spain? To obtain this permit, both the professional athlete looking to be hired (‘applicant athlete’) as well as the hiring sports entity (‘requesting employer’) must meet certain requirements. The following are the requirements for obtaining the temporary residence permit for professional athletes in Spain.

In order to be eligible, the applicant athlete must meet the following requirements:

• Not be a citizen, nor family member of a citizen, of the EU, European Economic Area, nor Switzerland.
• Be an athlete, trainer or other position on par with a professional athlete.
• Not be living in Spain irregularly.
• Not have a criminal record in Spain nor in their other countries of residence.
• Not be prohibited to enter Spain.
• Posses a sports license that allows the athlete to participate in official sporting competitions, or activities whose organization corresponds with sports federations and/or professional leagues.

What further requirements are necessary to apply for a temporary residence permit in Spain for professional athletes?

• The requesting employer must be enrolled and authorized to participate in one of the following:
• Football/Soccer:
  • Liga nacional de Fútbol Profesional (1st and 2nd Men’s Division).
  • Primera división de Fútbol Femenino.
  • División de Honor de la Liga Nacional de Fútbol-Sala masculino.
  • División de Honor de la Liga Nacional de Fútbol-Sala femenino.
• Basketball:
  • Liga ACB (Asociación de Clubes de Baloncesto masculino).
  • Liga Española de Baloncesto masculino (Liga LEB).
  • Liga Femenina de Baloncesto.
• Handball:
  • División de Honor “A” Masculina (Liga ASOBAL).
  • División de Honor Femenina.
• Volleyball:
  • División de Honor Masculina.
  • División de Honor Femenina.
• Cycling:
  • Clubs or teams that are part of the UCI PRO TOUR
• The current situation of national employment must permit the hiring:
  • This can be satisfied in a number of ways including:
    • The position is on a list of difficult to fill positions (“ocupaciones de difícil cobertura”). Professional sports are usually included in this catalog.
    • The office of Public Employment Services has issued a certificate stating that the specific job offer has not been filled.
    • The offer has been directed to nationals of countries with whom Spain has an agreement (Chile and Peru).
    • One of the assumptions set for in Article 40 of “La Ley Organica 4/2000” is present.
• The employer must guarantee continued employment during the validity period of the work/residency authorization.
• The employer must be enrolled with a Social Security program.
• The conditions set out in the work contract must comply with the current regulations.
• The initial period of authorization will be for 1 year; however, there is the potential for renewal.

What are the required documents needed to apply for this authorization?

What are the necessary documents to apply for the temporary residence permit for sportsmen and sportswomen? Are you a professional athlete and do you need a temporary residence visa? At Gentile Law, expert lawyers in the processing of visas and residences, we explain what documents you need to apply for the temporary residence permit for professional athletes.

• Complete copy of the athlete’s passport
• Identifying document of the sports entity that is applying for the authorization:
  • If it is an individual business person, then a copy of their NIF or NIE.
  • If it is a legal person (S.A., S.L. Cooperativa, etc.), then:
    • A copy of of the NIF of the business and a copy of their written constitution.
    • Accrediting document proving the signer of the request has the legal authorization of the hiring company.
    • Copy of the NIF or NIE of the request signer.
• Signed work contract.
• Document accrediting the national employment situation.
• Certificate issued by the corresponding sports federation that states that:
  • The applicant employer is a registered sports entity and is authorized to participate in competitions, as well as having the right to contract the athlete.
  • The athlete possesses a sports license that allows them to participate in their sport.

What is the procedure for applying for the authorization?

How to apply for the temporary residence authorization for professional athletes? The application must be presented by someone who possesses the legal right to represent the sports entity. The residency authorization request cannot be applied for by the athlete themselves. The request should be presented to the “Oficina de Extranjería” or when that’s not possible, to the regional office of Work and Immigration.

If the business has operations in more than one province and has more than 500 employees, then the request may be submitted to the Large Companies Unit under the General Directorate of Migration (Unidad de Grandes Empresas de la Dirección General de Migraciones).

What happens after submitting the application for the temporary residence authorization for professional athletes?

I have already applied for the temporary residence authorization for professional sportsmen and sportswomen, what now? Once the application has been accepted for processing, the applicant employer will have 10 business days to pay the applicable taxes.

After the taxes have been paid, the applicant employer must inform the proper authorities of the use of residency authorization for a sports professional.

The request will be resolved within 3 months from the day after the request was submitted. If after this period, no response has been received, it can be understood that the application was rejected.

In the case the authorization is granted, the athlete has one month from the date of the notification to the employer to personally request the visa from the consulate of their country of residence. 

Are you a professional athlete and need to apply for a temporary residence permit in Spain? What is the authorization for temporary residency for professional athletes? At Gentile Law, expert lawyers in the processing of visas and residency for professional athletes, we will accompany you throughout the process to successfully obtain a residence permit in Spain.

Our team of highly qualified, bilingual professionals have expertise in immigration law and work to ensure that the process is smooth and efficient. If you have any questions, or are curious about what your options are, do not hesitate to contact our team.