Residence as an employee

For foreigners, residency as an employee implies the possibility not only to live in Spain but also to be authorized to work. This is the opposite of self-employed residency. Since, in this case, it is the foreigner who will be the employee of the company, that is to say, the interested party will be the company. The success of this management depends on both the contract and the company meeting a series of requirements. The person or company that hires is the one who must initiate the procedures, so the foreigner will not be the actual applicant of this request. It is essential that the employee has the legally required professional qualification in order to avoid fraud. The competent foreigners’ office will verify the conditions of the contract offered by the interested party.

Residence requirements for employees

In order to obtain a residence permit for employment, the first thing you must have is a firm offer from the employer. The contract must be duly completed not only according to labor criteria, but also according to foreigners’ criteria. It is equally important to know that the applicant must be up to date with its tax obligations and must not have any debts with the Social Security nor be immersed in sanctioning procedures. From Extranjeros Aema we help both the applicant employer and the hired foreigner to comply with the provisions of the Foreigners Regulation by updating the documentation according to the Law.

Apart from the common requirements such as having a valid passport or not having a criminal record, we must insist on the importance given by the Spanish legal system to the solvency of the employer. If the applicant is an individual, he/she must be able to pay the worker’s salary, not less than the Minimum Interprofessional Wage (SMI), demonstrating that he/she can pay 100% of the IPREM. As always, this amount will vary depending on the number of dependents. Obviously the employer must be registered in the Social Security system, a procedure that we at Aema Foreigners perform. Depending on the tasks to be performed, we can differentiate between two systems: the work of a domestic employee, which has its own particularities, and the general system.

Residence as an employee and national employment status

In order to meet the needs of the Spanish labor market, labor immigration is restricted to those cases of difficult coverage as set forth in the Foreigners’ Regulations. Therefore, in order to obtain an authorization to work, the applicant must fall into one of these categories. This list of professions is variable and is updated quarterly according to the fluctuations in the employment needs of each province. In any case, the applicant company may try to fill the position through the employment offices and if this is not possible, the Public Employment Service will notify the Aliens Office of this situation, issuing a document accrediting this. The procedure is simplified in the event that the occupation is to be performed by a national of Chile or Peru because as a result of the agreements signed with Spain, this requirement is waived. Other cases of exemption from complying with the national employment situation are regrouped family members of working age, foreigners who are dependent on Spanish ascendants or descendants or seasonal workers, among others. Also of interest is the application of the assumption of management personnel or coverage of positions of trust as occupations that fall within the list of exemptions. The above should not be confused with the highly qualified professional procedure.

Residence procedure on behalf of others

As explained above, the company or person hiring the employee is the one who must initiate the residency procedure. Consequently, from Extranjeros Aema we must have the express authorization of the person or administrator of the company to make the presentation on their behalf. Once we have verified the solvency of the company with respect to the Social Security and the Public Treasury, we can proceed to its presentation before the corresponding office of foreigners. Another special feature of the residency procedure is the payment of fees. There are two fees, the one to be paid by the employer and the one to be paid by the employee. It is important to mention that the amount of the hiring rate depends on the agreed salary and its relation to the SMI.

The residency procedure can be initiated at the consulate corresponding to the foreigner’s domicile or at the foreigners’ office. At Extranjeros Aema we have extensive experience working for companies with international presence that require the search of specific profiles. We help in the processing of the entire file so that both the company and the worker do not have to worry about the deadlines, keeping them informed at all times. We also offer the possibility of having ancillary services such as obtaining medical insurance. In any of the cases, once the employee has been notified of the concession, he/she will have one month to collect it, and if this is not done, the employee will be deemed to have withdrawn the concession. In the scenario in which you apply for the permit at the consulate, it is crucial that the entry into Spain takes place within the three months granted by the visa. Once registered with the Social Security, we will be able to obtain the NIE.