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Visas Guide

VISAS GUIDE

INVESTMENT VISA OR GOLDEN VISA

Those Non-EU residents and their family members who can prove that they have made a significant capital investment in Spain may obtain the right to reside and work in Spain. This visa allows them to absent themselves from Spain for long periods without losing their residency.

CHARACTERISTICS

– The procedures for obtaining the Golden visa must be initiated directly from Spain.

–  “It will have an initial duration of 3 years and it is possible to apply for a renewal that allows legal residence for an additional 5 years.”

– Residence in Spanish territory is not required. This authorisation only requires the applicant to travel to the country once during the first 12 months, and then once every time they renew their residence permit.

– The significant capital investment can be made by a legal entity, domiciled in a territory that is not considered a tax haven under the Spanish law, and the foreigner has, directly or indirectly, most of their rights to vote and the power to appoint or dismiss most of the members of the administration body.

– Family members may be beneficiaries of the residence: there will be no separation of the family unit.

– It includes the work permit for the investor and their family members during its validity.

– It allows the inclusion of children over 18 years old, as long as they are economically dependent on the family member and have not established their own family unit.

– The applicant’s parents, even under 65 years old, can obtain a residence as accompanying persons and this can be done from the beginning, that is, it will not be necessary to wait 5 years to regroup them.

– It will give the right to obtain the Spanish nationality, since the applicant will have had the residence status during the periods provided for by law.

REQUIREMENTS

In order to obtain the investment residence, the following requirements must be met:

  • To make a significant capital investment.

1. Real estate investment: making an investment in a property for an amount higher than 500,000 euros plus taxes (VAT/IGIC if it is a first acquisition or Stamp Duty Tax if it is a subsequent transaction). In this case, the applicant must prove that they have acquired ownership of the real estate by means of a certificate of ownership and liens from the Land Registry corresponding to the property or properties. The certification shall include the acquisition amount or the corresponding deed.

The investment may be in one or more properties of this nature but must be free of liens or encumbrances. The part of the investment that exceeds the stipulated amount,  will be subject to liens and encumbrances.

In addition, the properties may belong to one or more owners, provided that the percentage of ownership is equal to or greater than 500,000 euros plus tax. Consequently, it is possible that 2 or more people can obtain the Golden Visa with a single property.

In the event that the property was acquired some time ago and the visa application is made later, there would be no problem to get the visa as long as the property was obtained after 2014 (entry into force of the law regulating it). 

2. Non-fixed asset investment: the applicant must prove that the minimum amount required investment has been made, within a period of no more than 1 year from the submission of the application. It covers the following cases:

  1. One million euros in Spanish shares or equity interests with a real business activity.
  2. One million euros in investment funds, closed-end investment funds or risk capital funds incorporated in Spain.
  3. One million euros in bank deposits in Spanish financial institutions.
  4. Two million euros in Spanish public debt bonds.

3. To invest in a business project that will be developed in Spain and is considered and accredited as being of general interest. In this case, no minimum amount is established, but a series of conditions must be met in order to be considered as a valid investment for the purposes of obtaining the Golden Visa:

    1. Creation of jobs
    2. Making an investment with a socio-economic impact in the geographic area where the activity is to be carried out.
    3. Relevant contribution to scientific and/or technological innovation.

* To certify that the business project meets the criteria, a favorable report must be submitted from the Economic and Commercial Office of the geographical demarcation area where the investor submits the visa application to verify that reasons of general interest concur in the business project presented.

  • Not to be in an irregular situation in Spanish territory.

There is the possibility of applying for said visa while in Spain as a tourist, but for it to be valid and not be inadmissible or rejected, the situation at the time of the application must be regularized (submit the application within 90 calendar days from entry into the Schengen territory or within the validity period of the Schengen visa, depending on the applicant’s nationality).

  • To be over 18 years old. The main applicant must be over 18 years of age, but it is possible that their relatives, such as children, are beneficiaries of the residency by investment, despite being minors.
  • To have no criminal record in Spain and in the countries where they have resided during the last 5 years, for offences provided for in the Spanish legal system. Only the criminal record certificate of the applicant and the accompanying family members of legal age must be presented. In the United Kingdom, the Criminal Record Certificate must be issued by ACRO (Criminal Records Office), called Police Certificate for Immigration Purposes, duly apostilled recognizing the issuing authority and translated by a sworn interpreter recognized by the Ministry of Foreign Affairs, European Union and Spanish Cooperation (hereinafter, MAEC).

If the issuing country of the certificate is part of the Hague Convention, it must be apostilled; otherwise, it must be legalized. In both cases, it will have to be translated. To prove its absence, it is not necessary to provide the Spanish criminal record certificate, since the immigration authorities will obtain it automatically.

  • Not to be listed as rejectable. This means not to have an entry ban in Spain and not being registered on the list of “not admissible” of any of the countries that are part of the Schengen area. 
  • To have private health insurance.

Investors and their families must have private health insurance arranged with an insurance company authorized to operate in Spain, which must provide coverage comparable to that provided by the National Health System and must remain active throughout the authorization and its maintenance. It will be a requirement for the renewal of the authorization. Travel insurance will not be valid.

The conditions that the health insurance must meet to obtain the Golden visa are the following:

  1. No copays: You do not have to pay each time you go to the doctor or hospital and the insurance covers all types of visits regardless of their nature.
  2. Without deficiencies: There can be no period in which you lack some type of benefit.
  3. Complete: Hire a complete package that covers hospitalizations or any type of medical transfer.
  4. With maximum coverage: It must be valid throughout the Spanish territory, covering any type of illness or disease.
  5. Valid during the entire stay in the country. It can be renewed annually.
  • Have financial resources.
  • Holders of visas or authorizations for investors must prove that they have economic resources for their support in Spain with an amount that represents 400% of the Public Indicator of Income for Multiple Effects (IPREM) on a monthly basis, to which we will add 100% for each family member accompanying the main investor.
PROCEDURE

Visa application

In the event that the applicant is outside Spain and also needs a Schengen visa due to their nationality, they must first obtain it from the Spanish Consulate or Embassy where they legally reside.

In this case, the resolution period will be 10 days.

Authorisation application.

The authorisation application for a residence permit for investment in Spain is submitted to the “Unidad de Grandes Empresas y Colectivos Estratégicos” (UGE-CE) by telematic means and is granted by the General Directorate of Migration.

– Documentation to accompany the application:

  1. Duly completed residence permit application form.
  2. Legible copy of the complete passport or valid travel document.
  3. Documentation that proves that there are sufficient economic resources for their maintenance and that of their family; for example, pay slips, bank certificates, or with other documents admitted by law. If they are foreigners, they must be translated and converted into euros.
  4. Public or private health insurance with an entity authorized to operate in Spain with coverage similar to our Social Security system.
  5. Proof of payment of the fee (form 038). A fee must be paid for each application submitted.
  6. Proof of having traveled to Spain (it is not necessary if it appears in the passport).
  7. If the applicant is accompanied by their relatives, they must prove the existence of family ties through the documents that prove such circumstance (family book, birth certificate, marriage certificate, etc.) They must be duly legalized or apostilled and translated by a sworn translator recognized by the MAEC.

Fees

Fees must be paid for the processing of the residence visa for investment and/or for the authorisation of

residence for investment must be paid prior to the application, since it must be provided with it (when the procedure begins directly in Spain); currently the amount is around 72.73 euros.

Deadline for a decision

The maximum period for a decision is 20 days from the electronic submission of the application to the competent body for its processing. The computation of time will be suspended in the event that a requirement for documentation or correction of deficiencies in the application is made or mandatory reports must be requested from other Administration bodies.

If the application is not resolved within this period, the authorisation will be deemed to have been granted due to administrative silence. An appeal may be filed before the General Secretary for Immigration and Emigration within one month after the notification of the refusal. 

VISA FOR NON-LUCRATIVE RESIDENCE

CHARACTERISTICS

– It will have an initial duration of 1 year and its renewal will be valid for 2 years.

– It will expire if the foreigner stays outside Spain for more than 6 months in a period of 1 year.

– Family members may be beneficiaries of the residence: there will be no separation of the family unit. It allows to make a joint application.

– It does not authorise professional activities, but it is possible to make any type of investment in the country.

– It requires a minimum stay of 183 days a year in the country to be able to renew it.

REQUIREMENTS

In order to be granted an initial temporary residence authorisation without performing work or professional activities, as well as the corresponding visa, the foreigner applicant must meet the following requirements:

1. Not to be irregularly present in Spanish territory.

2. Not to have a criminal record in Spain and in the previous countries where they have resided during the last five years, for offences under Spanish law.

3. Not to be listed as a rejectable person in the territorial space of countries which Spain has signed an agreement with to that effect.

4. To have sufficient financial means to cover their living and subsistence expenses, including, where applicable, those of their family, during the period of time for which they wish to reside in Spain, and without the need to carry out any work or professional activity, in accordance with the provisions of this section.

  • Visa holders must prove that they have the economic resources to support themselves in Spain with an amount that represents 400% of the Public Index of Multiple Purpose Income (IPREM) per month in euros, to which we will add 100% for the support of each one of their family members. In the year 2021, the IPREM is 537.84 € per month, so as the unit of interest in this type of visa is the year, the target will be 6,454.03 €. In other words, the main applicant for this permit will have to prove that they have €25,816.12 in the bank, plus an additional €6,454.03 per year for each family member.

5. To have a public or private health insurance policy with an insurance company authorised to operate in Spain.

6. Not to be, where applicable, within the period of the commitment of no return to Spain that the foreigner has assumed when returning voluntarily to their country of origin.

7. Not to suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.

DOCUMENTATION REQUIRED

1. Official application form for a residence visa in duplicate, duly completed and signed by the foreign national, or by their legal representative in the case of a minor. The editable form can be obtained at the following link:

https://extranjeros.inclusion.gob.es/ficheros/Modelos_solicitudes/mod_solicitudes2/01-Formulario_residencia_no_lucrativa.pdf

2. Valid and complete passport.

3. Criminal record certificate.

4. Documentation accrediting that the applicant has public or private health insurance that provides coverage in Spain.

5. Documentation accrediting, by any means of proof accepted by law, that the applicant has sufficient resources for them and their family for the period of residence in Spain: property deeds, certified cheques, credit cards with bank certification accrediting the amount available, etc.

PROCEDURE

1. Visa application at the Spanish Consular Office in your area of residence.

The application for the corresponding visa (which will entail the non-profit temporary residence permit) must be submitted in person at the Spanish diplomatic mission or consular office of your place of residence (you must be outside the country), providing the following documentation:

a) Official form EX01.

https://extranjeros.inclusion.gob.es/ficheros/Modelos_solicitudes/mod_solicitudes2/01-Formulario_residencia_no_lucrativa.pdf

b) Valid passport or travel document, recognised in Spain, valid for at least one year.

c) Criminal record certificate or equivalent document issued by the authorities of the country of origin or of the country or countries where they have resided during the last 5 years.

d) Documents accrediting that they have sufficient financial means to cover their living and subsistence expenses, including, if applicable, those of their family, during the period of time for which they wish to reside in Spain and that they have public insurance or private health insurance arranged with an insurance company authorised to operate in Spain.

e) Medical certificate declaring that they do not suffer from any of the diseases that may have serious public health repercussions.

  • Once the application has been submitted, it will be recorded in the visa system, so that the Government Delegation or Sub-delegation whose demarcation is applying for residence, so that the foreigner has a record of the application submitted and the accompanying documentation.

– Fees

They will accrue at the time the application is admitted for processing and must be paid within 10 working days. They are the fees for issuing the visa and the fees for residence authorisation (Form 790, code 052). 

– Deadline for a decision

The deadline for a decision is one month. If the decision is unfavourable, and this will be understood as such if it is not communicated within one month, the diplomatic mission or consular office will notify the interested party of the decision.

Also, once the applicant has been notified that the visa has been granted, they must collect it in person within one month; if they fail to do so, they shall be deemed to have withdrawn it.

2. Application for a foreigner’s identity card (T.I.E.)

Once the visa has been collected, the applicant must enter Spanish territory within the period of validity of the visa, which in no case will exceed three months.

Once they have entered Spain, the applicant must register in the municipality of residence and apply in person, within a period of one month, at the corresponding Foreigner Office or Police Station, for the Foreigner’s Identity Card. This card will be issued for the period of validity of the temporary residence permit and will be withdrawn by the foreigner. In this case, it will not be necessary to obtain the N.I.E. number as it will be included with the visa.

 

VISA FOR TEMPORARY RESIDENCE DUE TO FAMILY REUNION

Foreigners who have been authorized to stay in Spain for at least one year by virtue of the right to family reunification exercised by a resident foreigner may obtain the right of temporary residence for family reunification.

CHARACTERISTICS

– The applicant must have resided in Spain for at least one year and have obtained authorization to reside for at least another year; After that, the applicant will have the opportunity to meet again with certain relatives.

– The visa will have an initial duration of 1 year and its renewal will be valid for 2 years.

– It will be extinguished by staying outside of Spain for more than 6 months in a period of 1 year.

– Children over 18 years of age cannot be regrouped unless they have a disability and are not objectively capable of providing for their own needs due to their state of health.

– The parents of the reunifying foreigner can benefit, if they are dependent on them, are over 65 years of age and there are reasons that justify the need to authorize their residence in Spain. Additionally, the applicant must have resided in Spain for at least 5 years to be able to reunite his parents.

REQUIREMENTS

For the granting of an initial temporary residence authorization to relatives of foreigners residing in Spain, the applicant must meet the following requirements:

1. Not be irregularly in Spanish territory.

2. Lack a criminal record in Spain and in the previous countries where you the applicant resided during the last five years, for crimes provided for in Spanish law.

3. Not appear as objectionable in the territorial space of countries with which Spain has signed an agreement in this regard.

4. Have sufficient financial means to meet their maintenance and stay expenses, including, where appropriate, those of their family, during the period for which they wish to reside in Spain, and without the need to carry out any work activity or professional, in accordance with the provisions of this section.

– Visa holders must prove that they have economic resources to support themselves in Spain with an amount that represents 400% of the Public Indicator of Income for Multiple Effects (IPREM), monthly in euros, to which it will be added 100% for the support of each of their relatives. In 2021, the IPREM is €537.84 per month, so since the unit of interest in this type of visa is the year, the goal will be €6,454.03. In other words, the main applicant for this permit must prove that they have €25,816.12 in the bank, plus an additional €6,454.03 per year for each family members.

5. Have public or private health insurance arranged with an insurance Entity authorized to operate in Spain.

6. Not being, where appropriate, within the period of commitment not to return to Spain that the foreigner has assumed when voluntarily returning to their country of origin.

7. Not suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the 2005 International Health Regulations.

8. The reunited family member must have the following relationship with the applicant:

– Spouse or person with whom they maintain a relationship of affectivity analogous to the conjugal relationship.

– Children of the applicant and the spouse or partner, including those adopted, under 18 years of age or disabled who are not objectively capable of providing for their own needs due to their state of health. If the child is only from one of the spouses or members of the couple, the parent must exercise sole parental authority or must have been granted custody and be effectively in charge of it.

– Legally represented by the applicant, under 18 years of age or who have a disability and are not objectively capable of providing for their own needs due to their state of health.

– First-degree ascendant of the long-term resident applicant, or spouse or partner, when they are dependent on them, are over 65 years of age and there are reasons that justify the need to authorize residence in Spain.

– Exceptionally, when there are reasons of a humanitarian nature, the ascendant under 65 years of age may be regrouped. 

  • Humanitarian reasons are considered, among other cases, when the ascendant lived with the sponsor in the country of origin, or when they are incapable and are under the guardianship of the sponsor or their spouse or partner, or when they are unable to provide for their own needs. There are also humanitarian reasons if the applications of the ascending spouses are presented jointly and one of them is over sixty-five years of age.
DOCUMENTATION REQUIRED

1. Duplicate official residence visa application form, duly completed and signed by the foreigner, or their legal representative if they are a minor. The editable form can be obtained at the following link:

https://extranjeros.inclusion.gob.es/ficheros/Modelos_solicitudes/mod_solicitudes2/0

2. Complete, valid, and current passport.

3. Documentation proving proof of having public or private health insurance that provides coverage in Spain.

4. Depending on the circumstance:

  • In case of an employee or self-employed worker (self-employed):

– Documentation that accredits such condition: in the first case, a copy of the employment contract and the last personal income tax return; in the second case, accreditation of the activity carried out and, if applicable, the last personal income tax return.

  • In case of not working in Spain (inactive), must be provided:

– Documentation proving proof of having public or private health insurance that provides coverage in Spain.

– Documentation that proves, by any means of proof admitted by law, sufficient resources for them and their family for the period of residence in Spain: property titles, certified checks, credit cards with bank certification that proves the amount available, etc.

5. Documentation accrediting having adequate housing, by means of a report issued by the competent body of the Autonomous Community of the place of residence of the sponsor. In the case of the Canary Islands, the Ministry of Social Welfare, Youth and Housing.

6. Documentation accrediting having guaranteed healthcare.

7. Documentation accrediting family or kinship ties or existence of de facto union or representation and, in addition:

  • In the event of regrouping the spouse or partner: a sworn declaration by the sponsor that another spouse or partner does not reside with him in Spain and in case of being married in subsequent marriages, a court decision that establishes the situation of the previous spouse and their children. 
  • In the case of children:

If they are regrouped by a single parent: documentation proving that they exercise parental authority alone, have custody granted or that the other parent authorizes their residence in Spain.

If they are over 18 years of age and are not objectively capable of providing for their own needs: the documentation that proves it.

If they are adoptive children: resolution by which the adoption was agreed. 

  • In the case of ascendants: supporting documentation that the applicant during the last year of residence in Spain has transferred funds or borne expenses of the ascendant; of the need to authorize residence in Spain and, where appropriate, the documentation proving that there are humanitarian reasons that justify the authorization. 
PROCEDURE

1. Visa application at the Spanish Consular Office in your area of ​​residence.

The application for the corresponding visa must be presented in person at the Spanish diplomatic mission or consular office in your area of ​​residence (it is mandatory to be outside the country), providing the following documentation:

1. Official model EX01.

2. Valid passport or travel document, recognized as valid in Spain, with a minimum validity of one year.

3. Criminal record certificate or equivalent document issued by the authorities of the country of origin, or the country or countries in which they have resided during the last 5 years.

4. Documents proving family ties and, where appropriate, legal dependency.

5. Medical certificate that proves not to suffer from any of the diseases that can have serious public health repercussions.

– Fees

They will accrue at the time of admission to process the application, and must be paid within 10 business days, they are the fees for visa issuance and the fees for residence authorization (Model 790 code 052).

Deadline to resolve

The term to resolve will be 45 days counted from the day following the date on which it was entered in the registry of the competent body to process them. Once this period has elapsed without the Administration having made the notification, it may be understood that the request has been rejected due to administrative silence.

2. Visa application by the regrouped family member.

Once the concession has been notified, the regrouped family member has a period of 2 months to personally apply for the visa at the diplomatic mission or consular office in whose demarcation he resides.

The diplomatic mission or consular office will notify the granting, where appropriate, of the visa within a maximum period of two months. Once the concession has been notified, the regrouped person must pick it up personally within a period of two months from the date of notification.

3. Application for the Foreigner Identity Card (T.I.E)

Once the visa has been collected, the applicant must enter Spanish territory within the validity period of the visa, which in no case shall exceed three months.

Once the entry has been made, the registration must be carried out in the municipality of residence, and personally request, within a period of one month, before the corresponding Immigration Office or Police Station, the Foreigner Identity Card. Said card will be issued for the validity period of the temporary residence authorization and will be withdrawn by the foreigner. In this case, it will not be necessary to obtain the N.I.E number since it will be included with the visa.

TEMPORARY RESIDENCE VISA FOR SELF-EMPLOYED WORKERS

This is an authorisation for temporary residence and work in order to carry out a work or professional activity, as an employee or self-employed person, and to reside in Spain.

The authorisation can be for work as an employee requested by the employer or businessman to hire a worker or to carry out a lucrative activity as a self-employed person, which is the focus of this study.

CHARACTERISTICS

– It will have a duration of 1 year and its renewal for 2 years.

– It will be extinguished due to the stay outside Spain for more than 6 months in a period of 1 year.

REQUIREMENTS

For the granting of an initial temporary residence authorisation to carry out work or professional activities, as well as the corresponding visa, the foreigner applicant must meet the following requirements: 

1. Not to be irregularly present in Spanish territory.

2. Not to have a criminal record in Spain and in the previous countries where they have resided during the last five years, for offences under Spanish law.

3. Not to be banned from entering Spain and not to be listed as refused entry into the territorial space of countries which Spain has signed an agreement with to this effect.

4. Not to be, where applicable, within the period of commitment not to return to Spain that the foreigner has assumed when returning voluntarily to their country of origin.

5. Comply with the requirements of current legislation for the opening and operation of the planned activity.

6. To possess the required professional qualifications or sufficient accredited experience in the exercise of the professional activity, as well as, where applicable, membership of a professional association when required.

7. To prove that the planned investment is sufficient and the impact, where appropriate, on the creation of employment.

8. Have sufficient financial means to cover their living and subsistence expenses, including, where appropriate, those of their family, during the period of time for which they wish to reside in Spain, and without the need to carry out any work or professional activity, in accordance with the provisions of this section.

DOCUMENTATION REQUIRED

1. Residence visa application form in duplicate (EX03), duly completed and signed by the foreigner. The editable form can be obtained at the following link:

https://extranjeros.inclusion.gob.es/ficheros/Modelos_solicitudes/mod_solicitudes2/07-Formulario_cta_propia.pdf

2. Valid and complete passport or travel document.

3. Documentation accrediting possession of the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

4. Proof of sufficient financial investment, or a support commitment from financial institutions or others.

5. Project for the establishment or activity to be carried out, with an indication of the planned investment, its expected profitability and, where appropriate, the jobs expected to be created.

  • They may be accredited by the valuation report issued by one of the following organisations: National Federation of Associations of Entrepreneurs and Self-Employed Workers (ATA), Union of Professionals and Self-Employed Workers (UPTA), Intersectoral Confederation of Self-Employed Workers of the Spanish State (CIAE), Organisation of Professionals and Self-Employed Workers (OPA) or of the Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE).
PROCEDURE

1. Visa application at the Spanish Consular Office in your area of residence.

The application for the corresponding visa must be submitted in person at the Spanish diplomatic mission or consular office of your area of residence (the applicant must be outside the country), providing the following documentation:  

1. Official form EX07.

2. Valid passport or travel document, recognised as valid in Spain, with a minimum validity of one year.

3. Criminal record certificate or equivalent document issued by the authorities of the country of origin or of the country or countries where the applicant has resided for the last 5 years.

4. Medical certificate proving that you do not suffer from any of the diseases that may have serious public health repercussions.

– Fees

The fees for visa issuance and the fees for residence authorisation (Form 790, code 062) are due when the application is accepted for processing and must be paid within 10 working days.

 – Deadline for resolution

The deadline for a decision will be three months from the day following the date on which the application is received at the registry of the body responsible for processing it. Once this period has elapsed without the Administration having notified the applicant, the application may be considered to have been rejected due to administrative silence.

2. Application for a foreigner’s identity card (T.I.E.)

Once the visa has been collected, the applicant must enter Spanish territory within the period of validity of the visa, which in no case will exceed three months.

Once the worker has entered Spain, they have three months to process the affiliation, registration and subsequently make contributions under the terms established by the applicable Social Security regulations.

Within one month of being registered with the Social Security, the worker must apply in person for the Foreigners’ Identity Card at the Foreigners’ Office or Police Station in the province where the authorisation has been processed.

TEMPORARY RESIDENCE VISA FOR EMPLOYED PERSONS

This is an authorization of temporary residence and work to exercise a professional activity for employed people and residing in Spain, which the employer requests for the hiring of a worker who is not residing in Spain.

CHARACTERISTICS
  • It will last 1 year and will be renewed for 2 years.
  • It will be extinguished for staying outside Spain for more than 6 months within a period of 1 year.
REQUIREMENTS

For the issuance of the initial authorization for temporary residence to perform professional activities, as well as the corresponding visa, the foreign applicant must meet the following requirements:

1. Not be in an irregular situation in Spanish territory.

2. To have no criminal record in Spain and in the previous countries where he/she has resided for the last five years, for crimes regulated under the Spanish law.

3. Not to be prohibited from entering Spain and not to be registered as unacceptable in the territorial space of the countries with which Spain has signed an agreement in this sense.

4. Not be, if any, within the period of commitment to not return to Spain that the foreigner had assumed when voluntarily returning to his country of origin.

5. Meet the requirements of the current legislation for the opening and operation of the planned activity.

6. That the national employment situation allows the recruitment.

  • This is allowed if the occupation to be carried out by the employee in the company is included in the catalogue of occupations of difficult coverage that the State Public Employment Service publishes quarterly or if the corresponding Immigration Office considers that it has not been possible to cover the job according to the certificate issued by the Public Employment Service on the management of the job offer.

7. Have the skills and, where appropriate, the professional qualification required for the exercise of the profession.

8. Submit a contract signed by the employer and employee that guarantees the employee a continuous activity during the period of the authorization to reside and work. The date must be subject to the validity of the residence and employment authorization.

9. The conditions established in the employment contract must be in accordance with those conditions in the legislation in force. If it is a part-time contract, the remuneration must be equal to or greater than the minimum wage for full-time work and annual calculation.

10. The applicant employer must be registered in the Social Security System and be aware of the fulfilment of his tax obligations and the obligations with the Social Security System.

11. The employer must have enough financial, material, or personal means for his business project ant to face the obligations assumed in the contract with the employee.

DOCUMENTATION REQUIRED

1. Application form for the residence visa in duplicate (EX03), duly completed and signed by the foreigner. The editable form can be obtained at the following link:

https://extranjeros.inclusion.gob.es/ficheros/Modelos_solicitudes/mod_solicitudes2/03-Formulario_cta_ajena.pdf2

2. Employee documentation:

a) Complete, valid and in force Passport or travel document.

b) Supporting documentation of the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

3. Documents regarding the companies, except domestic service:

a) Documentation identifying the applicant company:

  • In the case of an individual entrepreneur: copy of the Tax Identification Number or Citizen Identification Number, or the consent to verify identity data through the Identity and Residence Data Verification System.
  • In the case of a legal person: copy of the Tax Identification Number and copy of the deed of incorporation duly registered in the corresponding Registry; copy of the Tax Identification Number or Citizen Identification Number, or consent to verify identity data through the Identity and Residence Data Verification System of the person signing the application.

b) Signed work contract: original and copy. The copy will be stamped by the Immigration Office and returned for later presentation by the foreigner with the application for residence and work visa.

c) Evidence of any case of failure to take account of the national employment situation.

d) Evidence that the company can guarantee the necessary liquidity, through a copy of the Personal Income Tax (IRPF), or of the Canary Islands General Indirect Tax (IGIC), or the Corporate Tax, or the labour report of the company (VILA) referred to the last three years. In addition, a description of the occupation to be carried out.

4. Employer´s documentation if the activity is domestic service:

a) Copy of the employer´s Tax Identification Number or Citizen Identification Number or consent to verify identity data through the Identity and Residence Data Verification System.

b) Signed work contract: original and copy. The copy will be stamped by the Immigration Office and returned for later presentation by the foreigner with the application for residence and work visa.

c) Evidence of any case of failure to take account of the national employment situation.

d) Copy of the last Personal Income Tax statement or certification of income issued by the Tax Administration or other documents providing enough liquidity for the hiring.

PROCEDURE

1. Visa application at the Immigration Office of the province where the services are to be provided. 

The application for the corresponding visa will be submitted by the employer or entrepreneur, personally or through a legitimate subject who has been assigned the business legal representation, in the Immigration Office of the province where the services will be provided. If the company has workplaces in more than one province and, it has more than 500 workers, it will be submitted to the Large Business Unit of the Directorate General of Immigration. 1. Official application form EX03.

2. Valid Passport or travel document recognized as valid in Spain, valid for at least one year.

3. Certificate of criminal record or equivalent document issued by the authorities of the country of origin or the country or countries in which he has resided for the last 5 years.

4. Medical certificate attesting not to suffer from any of the diseases that may have serious public health repercussions.

5. Copy of the contract submitted and stamped by the Immigration Office.

  • Fees

 They will be due at the time of admission to the processing of the application and must be paid within 10 working days. They correspond to the fees for visa issuance and the fees for residence authorization (Form 790 code 052 to be paid by the employee and code 062 to be paid by the employer).

  • Deadline for decisions

The deadline for decisions will be three months from the following day on which the applications were entered in the register of the responsible department for processing them. Once that period has elapsed without notification by the Administration, the application may be deemed to have been dismissed by administrative silence.

2. Application for the Foreigner Identity Card (T.I.E)

In the case of approval, the employee has one month from the notification of the employer to apply for a visa at the diplomatic or consular post in the territory where he resides. The diplomatic mission will decide on the request within one month.

If the visa has been issued, the employee must pick it up personally within one month since the date of notification. Failure to do so will be deemed to have withdrawn, and the file will be closed.

The employee must enter Spain during the three months of validity of the visa, which entitles him to enter and remain in Spain in a situation of stay until he joins the corresponding Social Security scheme, within three months since the entry.

Within one month after the employee has registered with the Social Security, he must personally apply for the Identity Card for Foreigners at the Immigration Office or Police Station of the province where the authorization has been processed.

TEMPORARY RESIDENCE VISA FOR STUDIES

The right of temporary residence may be obtained for the purpose of carrying out or extending studies in an authorised educational establishment in Spain, in a full-time programme, leading to the award of a degree or certificate of studies.

CHARACTERISTICS

– The duration of the stay granted will be equal to the duration of the studies to be carried out, with a maximum limit of one year.

– The student may be accompanied by family members and may also be authorised to carry out lucrative activities as an employee or self-employed person, as long as the activity is compatible with the studies and the income obtained is not a necessary resource for the student’s support or stay.

REQUIREMENTS

For the granting of an initial temporary residence authorisation for the pursuit of studies by foreigners, the applicant must meet the following requirements:

1. Not to be banned from entering Spain and not to be listed as refused entry into the territorial space of countries which Spain has signed an agreement with to this effect.

2. Have sufficient financial means to cover the costs of their stay and return to their country and, where applicable, those of their family members.

3. Have public or private health insurance arranged with an insurance company authorised to operate in Spain.

4. To have been admitted to an authorised educational centre in Spain, for the completion of a full-time programme leading to the award of a degree or certificate of studies.

5. In the event that the stay exceeds 6 months, it will be required:

– Not to suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations 2005.

DOCUMENTATION REQUIRED

1. National visa application form, in duplicate, duly completed and signed by the foreign national or, in the case of minors, by their representative. This form is as follows:

2. A complete and valid passport or travel document, recognised as valid in Spain, valid for at least the period of time for which the stay is requested.

3. Documentation accrediting that they have the necessary financial means for the period requested and for the return to the country of origin.

4. Documentation accrediting the availability of medical insurance.

5. Documentation accrediting having been admitted to an educational institution.

6. If the duration is longer than 6 months: 

– Medical certificate. 

– If the applicant is of criminal responsibility age, criminal record certificate issued by the authorities of the country of origin or the country where they have resided for the last 5 years.

PROCEDURE

1. Visa application at the Spanish Consular Office in your area of residence.

The application for the corresponding visa must be submitted by the student in person or, if they are a minor, by their parents, guardians or duly accredited representative, in person, at the Spanish diplomatic mission or consular office of their area of residence, providing the following documentation:

1. Official form.

2. Valid passport or travel document, recognised as valid in Spain for at least one year.

3. Criminal record certificate or equivalent document issued by the authorities of the country of origin or of the country or countries where they have resided for the last 5 years.

4. Documents accrediting that the applicant has sufficient financial means to cover their living and subsistence expenses, including, if applicable, those of their family, during the period of time for which they wish to reside in Spain and that they have public or private health insurance arranged with an insurance company authorised to operate in Spain.

5. Medical certificate certifying that the applicant does not suffer from any of the diseases that may have serious public health repercussions.

– Fees

They will be paid at the time of applying for the visa.

– Deadline for resolution

The deadline for a decision will be one month. Once this period has elapsed without the Administration having given an express response, the application may be understood to have been rejected due to administrative silence.

The visa granted must be collected within two months of notification. If the visa is not collected within the aforementioned period, it shall be understood that the interested party has waived the visa granted and the procedure shall be closed.

2. Application for a foreigner’s identity card (T.I.E.)

 If the stay for studies lasts longer than 6 months, the foreigner must apply in person for the Foreigner’s Identity Card within one month of entering Spain, at the Foreigners’ Office or Police Station in the province where the authorisation has been processed.

MOST RELEVANT LEGISLATION:

APLICABLE REGULATIONS

-Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration.

– Royal Decree 557/2011, of April 20, which approves the Regulation of Organic Law 4/2000, on the rights and freedoms of foreigners in Spain and their social integration, after its reform by Organic Law 2/2009.

– Agreement on the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community 2019/C 384 I/01.

– Royal Decree 240/2007, of February 16, on entry, free movement, and residence in Spain of citizens of the Member States of the European Union and of other States party to the Agreement on the European Economic Area.

– Law 14/2013, of September 27, to support entrepreneurs and their internationalization.

ACCESS TO ALL THE VISAS HERE: