Ausländerrecht

 

Within the Foreign Legal department of  Iglesias & Partners, Lawyers of the Costa del Sol, we specialize in the following

 

  • Obtention of  N.I.E. (Foreign identification number) at Polic Station 
  • Obtention of Residence Cards 
  • Census Certificates 
  • Obtention of Work Permits (non EEC) 
  • Renovations
  • Application for Visas 
  • Family regrouping  
  • Spanish Nationality 
  • Application for political Asylum
  • Administrative legal action against Police, Customs.....

Legal requirements to move to Spain

This information does not substitute for professional legal advise, we recommend you to seek the assistance of a Spanish Lawyer


 

1. Visa

2. The work permit

2.1. Work permit for European Union nationals

2.2. Work permit for non-EU nationals

2.2.1. General information 2.2.2. The documents you must present at the time of work permit application 2.2.3. Types of work permits

3. The residence permit

3.1. The Community Card

3.1. The Residence permit for Non-EU foreigners

1. Visas

EU foreigners do not need a visa to enter Spain, but just a passport or an official ID in force. Non-EU foreigners, on the other hand, do need a visa to enter Spain, except if there exists an agreement between Spain and the foreign home country, by means of which the requirement of a visa is eliminated for citizens or residents of such countries when they will be staying in Spain for up to 3 months within a 6 month period, or for a transit stay of maximum 5 days.

You may apply for a visa to the Spanish Consulate located in your home country before you leave, visas are handled by the Spanish Ministry of Foreign Affairs through its consulate abroad.

There are different types of visas, which are issued depending on what is your purpose for entering Spain: studying, working, tourism, investment …. You should apply for your visa according to your needs, you cannot enter Spain on a tourist visa and then apply to stay as something else without returning to your home country and obtaining the appropriate visa first.

You should be required to produce some specific documentation, depending on the type of visa you need. Visas-process will take some weeks depending on each case.

In general terms, there exist four types of visas:

Transit visa: There are two types:

One given to individuals or groups of foreigners passing through Spanish ports or airports without entering the Spanish territory.
One that allows foreigners to pass through Spanish territory for a maximum of 5 days. 
  • Temporary stay visa: There are two types:
    • Short-duration visa: issued for foreigners who wish to stay in Spain for up to 3 months within a 6-month time period. There exist different categories, among them:
      • Group visas for short stays (for no longer than 30 days).
      • Visas to study in Spain.
    Multiple-stay visas: issued for multiple stays adding up to 90 days within six months during one year
 
  • Residence visa: It should not be confused with the Residence permit, which is also necessary in most of the cases. This is initially granted for 1 year, and it may be renewed for an additional 2-years period, once it has expired, you may apply for permanent residency visa, which must be renewed every five years. There are specific categories:
    • For reuniting a family: It could be given to the spouse provided that his matrimony is valid; to the descendants of the principal, provided that they are not married and are under 18 years of age…
    • For working in Spain for at least one year without having criminal records when the foreigner needs a work permit or when the foreigner is a professional who does not need a work permit such as university professors, when professionals are hired by a Spanish university, or scientists, when they are hired by Spanish Government…
    • For asylum, this is issued for foreigners with refugee status.
 
  • Courtesy visa: Visas for Diplomatic personnel or similar
 

2. The Work permit

2.1. Work permit for European Union nationals

If you are an EU national you do not need a work permit to work in Spain, you can enter Spain as a tourist and register with the Spanish national employment office (Instituto Nacional de Empleo - INEM) to look for a job, then you have 90 days to find employment, you can obtain an extension after that date or leave Spain and re-enter for a further 90 days. Once you get a job, your employment contract will be necessary to apply for your residence card

2.2. Work permits for non EU nationals

2.2.1. General information

The non European community foreigners who wish to work in Spain must obtain a work permit after obtaining also a visa before moving to work to Spain, they shall apply for the visa to the Spanish Consulate in their home country.

Work permits shall be applied to the Foreigners' Office (Oficinas de Extranjeros) or to the provincial office of the Ministry of Labor (Delegación Provincial del Ministerio de Trabajo), if the foreign applicant is in Spanish territory. If the foreign applicant is not in Spain, the work permit shall be applied to the Consular office of the foreign applicant's home country.

The Provincial labor offices (Direcciones Provinciales de Trabajo, Seguridad Social y Asuntos Sociales) will decide whether the work permit will be issued or not.

2.2.2.The documents you must present at the time of work permit application

The documents you will be required to present upon application for work permit are the following:

If you are an employee:

  • Copy of your valid passport.
  • Certificate of criminal records issued by the authorities of the foreigner's home country, except when it was presented upon application for the visa.
  • Official medical certificate.
  • Three passport-size photographs.
  • Fiscal registration number (NIE or CIF) and the Social Security registration number of the employer.
  • Offer of employment where there appear the labor conditions.
  • Full description of the job and the company activity.
  • Proof of the employer's solvency could also be required
 
  • If you work as self-employed:
    • Copy of your valid passport.
    • Certificate of criminal records issued by the authorities of the foreigner's home country, except when it was presented upon application for the visa.
    • Official medical certificate.
    • Three passport-size photographs.
    • Full description of the job and the company activity.
    • Proof of the foreigner's professional qualification or that he meet the requirements needed to perform the professional activity in Spain, such as the appropriate licences to perform the activity or the registration to the Spanish Social Security system, your NIE…
    • Any other documentation the Spanish Administration requires from time to time.
2.2.3. Types of work permits

Where the foreigner is an employee:

Type A work permit: for seasonal or time limited work. This may entail a specific contract or a specific geographic area. Its maximum duration is 9 months, including renewal.

Type b initial work permit: It enables the foreigner to work in a specific profession, activity and geographic area for a maximum period of 1 year.

Type B renewed work permit: This is issued to those b initial holders once it has expired. It entitles him to carry on various professions or activities within a maximum period of 2 years.

Type C work permit, this is issued to the B renewed work permit holders once it has expired. This entitles the foreign worker to perform any professional activity throughout the Spanish Territory.

Where the foreigner is self-employed

Type d initial work permit: To carry on a specific activity for a maximum of 1 year. Spanish authorities could limit this to a specific geographic area.

Type D renewed work permit: This is issued to those d initial holders once it has expired. It entitles him to perform various professional activities for a maximum period of 2 years. Spanish labor authorities could limit this to a specific geographic area and/or a specific activity.

Type E work permit: This is issued to those holding the D renewed work permit once it has expired. This entitles the foreign worker to perform any professional activity throughout the Spanish Territory for a maximum period of 3 years.

Where the foreigner is an employee or a self-employed

Type F work permit: To perform professional activities in the Spanish borders, provided their daily return to the foreign borders where they normally reside. This is issued for a maximum period of 5 years, after that it may be renewed.

Permanent work permit: It enables the foreign worker to perform any professional activity where he has the qualification required. The type C or E work permits' holders may obtain this work permit once theirs had expired. It is mandatory to renew this work permit every 5 years.

  • Extraordinary work permit: this is issued to the non-EU foreign citizens who had helped to the Spanish economic and cultural progress. It enables the foreign worker to perform any professional activity throughout the Spanish territory where he has the qualification required. This must be renewed every 5 years.
  • You will do well to have a skilled Lawyer handle your application, as they know the ins and outs of the paperwork.

    3. The residence permit

    3.1. The Community Card

    European Union citizens can freely enter, exit, travel and remain in Spain, and are not obliged to get the residence card (the European Community registration card), in order to live or stay for longer than 3 months in Spain. The residence card is not any more, as it used to be after the incorporation of Spain into the European Union, a formal requirement for EU citizens to establish their residence in Spain, although they can apply to get one if they wish to obtain it (in this case, the government employee must inform the EU citizen about the non obligation to get the card).

    The temporary residence cards are issued for staying periods between3 months and 1 year, the permanent residence card is issued for 5 years, which is automatically renewable.

    You must apply for your residence card in person to the foreigners' office (Oficina de Extranjeros) or the national police station (Comisaría de Policía Nacional) with Foreigners' department from the city where you are going to live.

    You will be required to present the following documentation:

    • Your passport valid for at least six months.
    • Three photographs of the correct size.
    • Medical certificate, when required.
    • Proof of family relationship, when applying for reuniting family members.
    • Proof of your financial support while you are in Spain, your pension, or copy of your work contract if you are going to work in Spain as employee, or documented proof that you meet the necessary requirements to work on your own account, when you are going to work in Spain as self employed.

    You should carry your residence card with you at all times as it constitutes a mandatory identity card for foreign residents in Spain.

    3.2. The Residence permit for non-EU foreigners

    The non EU-foreigners need the residence permit to inhabit in Spanish territory. To enter the Spanish territory the foreigner would be required to show his valid passport and the corresponding visa

    After a period of time exceeding 90 days, in order to remain in Spain it is necessary to obtain either an extension or a residence permit.

    There are different types of residence permits:

    Temporary residence permit: It allows you to remain in Spain for a period of time between 90 days and 5 years, your residence permit may be renewed up after that limit.

    Permanent residency permit: It is available to all foreigners who have held a normal residence permit for a continuous period of 5 years, it should be renewed every 5 years.

    Residency permit for special circumstances such as for non-EU foreigners "moved considered"; for non EU-foreigners whose asylum application had been rejected and whom the Spanish Ministry of Interior had authorised them remaining in Spain…

    Residency permit for reuniting families: this permit entitles the non-EU foreigner residing in Spain to apply for the Spanish residence of his closest family. The applicant shall have been legally residing in Spain for at least 1 year and he must have authorization for another year residing in Spain.

    The residency permits applications shall be made in person to the Foreigners' Office (Oficina de Extranjeros) or to the National Police Station with a foreigners' department nearest the city or town where you are going to live, you will be required to present some documentation depending on the type of residence permit applied.

    You must present the following documentation:

    • Valid passport.
    • Residence visa in force.
    • Proof of previous legal residence of the foreigner in Spain e.g. a long-term rental contract or receipts for rent;
    • Certificate of criminal record issued by the authorities of the foreigner's home country.
    • Some passport-size photographs.
    • Medical certificate (certificado medico), in the cases that the applicant had not presented it when obtained his visa residence.
    • Proof of financial income to support you during the period of residence in Spain, such as pensions, work salaries…
    • Proof that your health assistance is guaranteed during your residence in Spain.
    • Marriage or divorce certificate or other papers relating to your marital status, plus a Spanish translation will be required when applying for reuniting your family.

    Renewals of residency permits are available, provided that neither personal nor economic situations of the non-EU foreigner have changed, these shall be made at least a month before the residence permit has expired, otherwise the foreigner could be fined.

    Residence permits are issued by the Spanish Ministry of the Interior (Ministerio del Interior). You should carry your residence card with you at all times as it constitutes a mandatory identity card for foreign residents in Spain, it shows your fiscal registration number (NIE

    These are only general guidelines and not definitive statements of the law, all questions about the law's applications to individual cases shall be directed to a Spanish Lawyer

      

    Iglesias & Partners, Lawyers  - Solicitors  - Barristers  on the Costa del Sol

    Malaga  & Fuengirola & Mijas & Alhaurin el Grande & Coin