Realidad sociolaboral de los inmigrantes

The following documentation is needed to process a residency and work permit:

• Application form signed by a legitimate candidate along with a photocopy.
• Original and photocopy of a valid Passport or Certificate of Inscription.
• If the job offer was arranged by the employer through the public employment service, original and a photocopy of the certification issued regarding the result of the job offer. Said certification is not necessary in the preferential cases described in Art. 40 of Organic Law 4/2000 (201).
• Original and photocopy of the CIF (fiscal identification number) of the company or the DNI (national identification number) of the employer if the latter is a natural person.
• If the business is a company, original and photocopy of the power of attorney held by the representative signing the job offer on behalf of the company and the original and photocopy of the company’s registration with the Social Security or support documentation proving exemption from such registration.
• In the case of domestic help, original and photocopy of proof of economic means by which to cover expenses deriving from the labour engagement (personal income tax statement, three last pay slips).
• Original and photocopy of the documents accrediting one of the preferences laid down in the current draft of Art. 40 of Organic Law 4/2000 if claimed by the interested party.
• In the case of a preference claimed by the spouse of the renewed permit holder, in addition to the documentary accreditation set forth in the preceding paragraph, a sworn statement signed by the spouse in whose behalf the permit is requested to the effect that there is no marital separation of fact or law.
• If relevant, an equivalency recognition for any diploma or professional training.

Foreign nationals who are in Spain to undertake studies and who fulfil the following requirements, may be granted residency and work status without having to request a visa:

1. Permanence in Spain to undertake studies for a minimum period of three years.
2. The undertaking of fruitful studies or research work.
3. The applicant may not have been a scholarship recipient through country of origin cooperation or development programmes.

In addition to the documentation described in the foregoing, these candidates must submit:

• Original and a photocopy of the applicant’s student card and, if relevant, renewal application.
• Employment offer formulated using the official form.
• Original and photocopy of the educational institution where the candidate is successfully undertaking studies.
• Sworn statement to the effect that the candidate is not the recipient of a scholarship from a public or private organisation in his/her country of origin  to undertake studies in Spain.

Foreign nationals who are in Spain with legal residency status during one year may also apply for a residency and salaried work permit. This one-year grace period shall not be required under the following circumstances:

1. In exceptional cases, by accrediting legal residence of less than one year when a change of circumstances justifies the need to work to guarantee subsistence.
2. Residence status resulting from reunification and likewise a spouse who gains independent residency status by means of: Dissolution of the marital bond and accreditation of co-habitation with the sponsoring spouse for a period of two years; victim of gender violence once a legal order calling for protection has been issued; death of the sponsoring spouse.
3. Residency permit holders who are Community citizens or relatives of a Community citizen when this condition ceases to exist.

The latter must submit the following documentation in addition to that cited in the foregoing:

• Original and a photocopy of the residence card.
• Proof that they are included in one of the situations laid down in Art. 96 of Royal Decree 2393/2004.

Requirement to personally submit application

The third DA of Organic Law 4/2000, in the wording of Organic Law 14/2003, provides that when the legitimised party is in Spanish territory, residency and work permit applications must be personally submitted in the case of natural persons or submitted by the legal business representative in the case of legal persons, at the registries of the bodies with competence to process the said application.

Submission of applications and effects

Residency and work permit applications should be submitted during the three months immediately preceding the residency permit deadline date for the undertaking of studies. Requests filed within this three-month window will have the effect of renewing the duration of the student or research residence permit.

Petitioners who may apply

The entrepreneur or employer except in cases of the renewal of a temporary residency permit when the foreign national is the holder of a work permit.

Regulations in force

• Current wording of Organic Law 4/2000 of 11 January (BOE - Official State Gazette 12.01.00) on the rights and freedoms of aliens in Spain and their social integration.
• Royal Decree 2393/2004 of 31.12.04 (BOE 07.01.05).