We discuss the most important aspects of how to obtain a residence permit and work for others in this case.
I often receive inquiries from people who have come to Spain as tourists or students and wish to stay here on a regular basis. They ask me if with a job offer from a company or employer based in Spain you can get a residence permit and work for others.
The answer is that this is very difficult, for several reasons
Where the residence and work permit is processed
To process a residence and work permit, the beneficiary must be in their country of origin. It can not be irregularly in Spain. This is a requirement that is expressly required by the immigration legislation.
In case you are still within the term of stay as a tourist (90 days) or student. (That is, he is still in a regular situation). The application is presented by the entrepreneur in Spain. Once approved, the process of obtaining the visa is done before the Spanish consulate of the country of origin. It must be done personally by the beneficiary of the permit. I would have to travel there to process the visa.
There are some exceptions to this principle, that is, there are cases in which the permit is processed in Spain without the beneficiary having to go to his country of origin:
-Rooting social, but this does not proceed until the beneficiary has at least 3 years living in Spain.
-Students who have been in Spain for 3 years. In this case they can also obtain a modification of their status to residence and work permits. For this they must have a job offer and meet other requirements.
-Some of the assumptions of the so-called Entrepreneurs Act, which also requires that a series of requirements be met, depending on the case.
Consult the National Employment Service
However, the biggest obstacle to obtaining this residence and work permit is another. In effect, the employer who offers the job has to consult with the National Employment Service if there is a job applicant in Spain who meets the requirements of the position offered.
In the vast majority of cases, the SNE responds that there are job applicants who meet the requirements. In this case, the immigration office denies permission.
There are also exceptions to this requirement, that is, it is not necessary to consult the SNE in the following cases:
If the beneficiary is a citizen of Chile or Peru, because these countries have signed special agreements with Spain.
The occupation that the worker is going to carry out in the company is included in the catalog of occupations that are difficult to cover, published by the Public Employment Service on a quarterly basis. Currently only certain jobs related to the Merchant Navy, and professional sports or sports coach are included in the catalog.
The cases mentioned in article 40 of the Immigration Law, among which the case of children or grandchildren of Spanish of origin stands out.
Other aspects to obtain a residence permit and work for others
In addition, other requirements must be met, related to the work contract itself and to the company’s solvency. These requirements must be reviewed very carefully, as they are the main cause of denials in this type of permits.