Victoria Montesinos Cabello, Abogados en Murcia

WORKING FOR OTHERS RESIDENCY (Work Visa):

SPECIAL CASE. WHEN MOTHER OR FATHER OF THE APPLICANT IS LEGAL RESIDENT IN SPAIN

Authorization type

It is a temporary residence and work authorization requested by an employer or entrepreneur to hire a worker for a period of more than ninety days and less than five years.

Basic regulations

• Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (articles 36, 38 and 40).

• Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 62 to 70).

Requirements

• Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a family member of citizens of these countries to whom the Union citizen regime applies.

• Not being irregularly in Spanish territory.

• Have no criminal record in Spain or in their previous countries of residence for crimes existing in Spanish law.

• Not being prohibited from entering Spain and not appearing as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.

• Not being, if applicable, within the period of commitment of non-return to Spain that the foreigner has assumed when voluntarily returning to his or her country of origin.

• Que la situación nacional de empleo permita la contratación. Lo permite si:

They can prove the occurrence of a case included in article 40 of Organic Law 4/2000.

Article 40. Specific cases of exemption from the national employment situation.

1. The national employment situation will not be taken into account when the employment contract is directed to:

a) Family members reunited of working age, or the spouse or child of a foreigner residing in Spain with a renewed authorization.

WORK VISA

Before you can get a work permit, you must first get a job. After you have secured a job, your employer must request a work permit for you to legally work in Spain. This is granted if the job is a Shortage Occupation or if the vacancy was advertised and there were no other suitable candidates from the EU. After authorization, you can apply for a visa.

IF ONE OF YOUR PARENTS IS A LEGAL RESIDENT IN SPAIN YOU WILL NOT NEED A SPECIAL JOB.

SELF-EMPLOYED AND FREELANCE WORKERS

If you want to come to Spain and work independently, you have to apply for a work permit from the Spanish embassy in your home country. You will have to provide certain documents, which may include the following:

• A business plan (if appropriate);

• Evidence that you have the appropriate finances to invest in it or support yourself;

• Proof that you have the skills or experience to do the work;

• Any contracts or commissions from companies;

• Any licenses or registrations required to carry out the work in Spain;

• Information about potential to create employment in Spain.

Once you have the work and residence permit, you can apply for a visa to enter Spain, if is necessary.

Work permits, which may be limited to specific activities and locations, are valid for a year and are renewable if you still fulfill the conditions. After five years you can apply for long-term residence.

GOLDEN VISA

In Spain there is the possibility of obtaining a residence authorization, permit or visa for foreigners who make one of the following investments:

1.Two million euros in Spanish public debt securities.

2.One million euros in shares of Spanish capital companies with a real business activity.

3.One million euros in investment funds, closed-end investment funds or venture capital funds established in Spain.

4.One million euros in bank deposits in Spanish financial institutions.

5.The acquisition of real estate in Spain with an investment of value equal to or greater than 500,000 euros for each applicant.

6.-A business project that will be developed in Spain and that is considered and accredited as of general interest, for which the fulfillment of a series of conditions by the investor will be assessed.

DIGITAL NOMAD VISA:

• The company/s you work for must be located outside of Spain.

• Income received in Spain or by Spanish companies cannot represent more than 20% of the total.

• You must prove that you have been working for your company or have had a relationship as a freelancer for your clients for at least 3 months prior to the application.

• Contract with this same company for at least 1 year.

• You have two different options to demonstrate that you have sufficient experience and training to be able to complete the application.

Either demonstrate 3 years of experience related to your work prior to the application, or be a graduate or postgraduate from prestigious universities, professional training and business schools of recognized prestige.

• You cannot have a criminal record , nor be prohibited from entering Spain. To do this, you must provide your criminal record certificate , with a minimum validity of 90 days, legalized and apostilled.

• Submit a responsible statement of the absence of a criminal record in the last 5 years.

• Hire a private medical insurance , with full coverage throughout Spain.

• Bank certificate proving the possession of at least €25,000 for the main applicant, which is 200% of the minimum wage in Spain (and €9441 for each additional family member, 75% of the minimum salary in Spain). If the money is in a foreign bank, it will be necessary to provide a simple translation. Conversely, you can also use your salary or job contract to demonstrate the possession of these economic funds.

And, finally, we find a difference depending on whether you work for a company as an employee or are a freelancer:

• If you have a contract with a foreign company (as an employee), it will be essential that this company has been operating for at least 1 year prior to your application. And, besides that, the company must state that your position allows remote work and that they specifically allow you to do so

• If you are a freelancer, you must be working for at least one company (that must be outside Spain), and it will be through the terms and conditions of your contract that the possibility to work remotely is specified.

• The company has been operating for at least 1 year prior to your application. In addition, this company must record that teleworking for your position is allowed, and that it authorizes you to do so.

• Certificate of Social Security coverage (if there is an agreement with the country of origin) or registration in the Spanish social security accrediting at least the application for registration of the foreign company with Social Security and the commitment to register once the authorization has been obtained before the start of work.

Since the activity is carried out in Spain, even if it is as a worker or as a service provider independently in favor of third parties who are abroad, the regulations require that it be covered in Spain by the social security system.

In this sense, you must have a Certificate of Social Security Coverage issued by the country of origin (in the event that an agreement on this matter has been entered into with Spain).

Otherwise, if you are a worker, the foreign company will have to register with the Spanish Social Security and, in turn, register you with the general regime for workers.

Or if you do not have an employment relationship, but provide services independently, you must register in the Self-Employed Workers Regime.

NON LUCRATIVE VISA

It is a permit that allows foreign nationals, who are not EU citizens, to remain in the territory of Spain for a period longer than 90 days without the right to work in any country.

It is issued for the period of 1 year (in this moment you can change it in a work permit). First renewal for 2 years. Second renewal for 2 years. (You must to keep the same requirements for renew this mean double of the money than in the first application).

After 5 years of legal residence a long term residence permit for 5 years is issued. After 10 years of lawful residence it is possible to apply for the citizenship of Spain.

Requirements:

• You have sufficient funds to cover your expenses. (Minimum of € 2,400 per month/ 28,800 euros per year). For every extra person you need to probe 7,200 more per year.

• You have a health insurance policy (government or private) purchased from an insurance company accredited in the territory of Spain.

https://sede.agenciatributaria.gob.es/Sede/procedimientoini/GC61.shtml

Agencia Tributaria: NUEVA ayuda de 200 euros para personas físicas de bajo nivel de ingresos y patrimonio. No tienen derecho a la ayuda quienes, a 31 de diciembre de 2022, perciban el Ingreso Mínimo Vital (IMV) o una pensión o las rentas obtenidas en 2022 (incluidas las que perciban los convivientes) excedan de 27.000 euros íntegros

Buenos días, se ha producido un cambio importante en la documentación que se requiere para la obtención del arraigo laboral.

Novedad importante para la solicitud:

• Demostrar la permanencia en España los dos años anteriores a la solicitud.

• Carecer de antecedentes penales en los últimos 5 años.

• Haber mantenido una relación laboral de al menos 6 meses de MANERA LEGAL.

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