Citizens of the European Union (UE+the European Economic Area+Switzerland) do not require a visa or a residence permit, since freedom of movement within the EU applies to people as well as to goods and capital. However, non -EU members wishing to carry out any work or professional activity for profit must be over 16 years of age and have a visa and a work and residence permit (authorisation). This permit will allow them to work and live in Spain.
A foreigner wishing to work self-employed must submit two applications: one for a residence permit (in Spain) and another for a residence visa (in his or her country of origin) Various factors may determine the order in which they are to be presented:
| FOREIGN WORKER: Is the foreigner already legally resident in Spain? | ||
|---|---|---|
| YES | NO | |
| No residence visa is required. An initial work permit application must be submitted directly to the Immigration Bureau (Oficina d'Estrangers) in Spain. | Two applications are required: 1) Application for a self-employed residence visa (at the Spanish Consulate office in the country in which the interested party currently resides). 2) Initial residence permit application | |
| If the foreigner is in Spain on a temporary basis he or she may submit the initial work permit application directly to the Immigration Bureau in Spain and then apply for a visa at the Spanish Consulate office in his or her own country. When the visa has been obtained, the foreigner may come into Spain as a resident and must provide the Immigration Bureau in Spain with a copy of the visa. | If the foreigner is in his or her own country of origin, he or she must submit the work residence visa application at the Spanish Consulate office and, once the visa has been obtained, come into Spain and submit the initial work permit application at the Immigration Bureau in Spain. | |
| The foreigner must wait for the decision regarding the granting of the work permit before he or she can COMMENCE HIS OR HER BUSINESS ACTIVITY | ||
As for work and residence permits for employees, the employee must submit two applications: an application for residence (made in Spain) and another for a residence visa (made in the country of origin). The residence-visa application (applied for by the worker) is only needed if the worker does not currently have a valid residence permit. In all cases, the company must start off the procedure beforehand in the Foreigners' Office (Oficina d'Estrangers) in Spain.
| FOREIGN WORKER: Is the foreigner already legally resident in Spain? | ||
|---|---|---|
| YES | NO | |
| No residence visa is required. The employer must submit the initial work permit application in Spain. | The application for an employed residence visa must be submitted at the Spanish Embassy of the foreigner's place of residence | |
| If the foreigner is in Spain on a temporary basis: | If the foreigner is in his or her own country: | |
| The employer must submit an initial work permit application directly at the Immigration Bureau in Spain and give the proof of application to the worker. | The employer must send the proof of application to the worker. | |
| The worker or his or her representative must follow the visa application procedure in the Spanish Embassy in his or her own country. | The worker must submit his or her application in person at the Spanish Embassy in his or her own country. | |
| Once the worker has obtained the visa, he or she must come into Spain and give the appropriate copy to the Immigration Bureau. | ||
| RESIDENCE AND EMPLOYED WORK PERMIT | ||
Which procedure is to be followed by the company depends on which categories apply to the worker to be hired.
| EMPLOYER: Does the worker belong to one of the following groups? - Top executives, people in positions of trust, or highly qualified staff. - Service providers (installation of production lines, training, etc.). | |
|---|---|
| YES | NO |
| The employer must submit the initial work permit application at the Immigration Bureau in Spain. | The employer must go to a Catalonian Government employment office (OTG) to arrange the "employment offer". |
| The employer must submit the initial work permit application at the Immigration Bureau in Spain. | |
| EMPLOYER: Is the worker legally resident in Spain? | |
|---|---|
| YES | NO |
| THE WORKER IS HIRED | The employer must send the proof of application to the worker. |
| Both the employer and the worker must wait for the decision regarding the work permit. | |
| If the decision is positive, THE WORKER IS HIRED. | |
Updated 7/4/2008
© 2007 Generalitat de Catalunya Disclaimer | Credits