Do you want to hire foreigners in Spain? Do you know what the regulations establish or the requirements you must comply with? It is important that you are informed of the legal and administrative obligations to avoid problems. In this article, we will detail the keys to comply with the regulations in force, focusing on the requirements to make an employment contract to a foreigner and on the residence and work authorization.
Requirements for hiring foreigners in Spain
Index of contents
The first thing to consider is that hiring a foreign worker coming from a European Union country is not the same as hiring one coming from outside the EU or the European Economic Area. In this second case a work and residence authorization must be obtained.
In the case of the authorization of residence and work as an employee, the requirements are the following:
- Certification from the Public Employment Service certifying that the national employment situation allows the hiring of a foreign worker. This requirement does not apply in several cases, among which we highlight the following:
- That it is a case of family reunification.
- That it is a renewal of a previous authorization.
- That it is a case of assembly for renewal of a facility.
- In the case of refugees, stateless persons, foreigners born and residing in Spain or children or grandchildren of a Spanish person.
- Employment contract signed by both parties that guarantees that the employee will have a continuous job during the term of his or her authorization. The employment contract must comply with the obligations of the current regulations (Workers’ Statute, among others) and the applicable collective bargaining agreement.
- To be registered in the Social Security system and be up to date with the payment of tax and Social Security obligations.
- To have sufficient economic, material and personal resources for the company and to be able to fulfill the employment contract.
Requirements to be met by the worker
The foreign worker also has to fulfill a series of requirements that are the following ones:
- Not to be in Spain in an irregular situation.
- Not to have a criminal record in Spain or in his country of origin or residence.
- Not to appear as rejectable in the countries that have an agreement with Spain.
- Comply with the term of commitment not to return to Spain.
- Be qualified for the position.
- Pay the processing fee for the authorization.
How is the residence and work authorization processed?
As an employer, if you want to hire a foreigner, you will have to carry out the following procedures (if it is a worker who does not have a temporary residence and work authorization):
- Initial application. The application is made on the authorized model and must be accompanied by the following documentation:
- The NIF and the document granting legal representation to the natural person making the application. If the applicant is a natural person, the NIF is not required, but his or her data is accessed directly through the system.
- A copy of the employment contract.
- The SEPE certificate.
- The accreditation of economic means, etc.
- Copy of the foreign worker’s passport.
- Accreditation of the foreigner’s training for the profession.
- Registration of the application by the corresponding agency and analysis to see if it complies with the legal requirements.
- Payment of fees.
- Resolution. Once the application is approved, the company and the worker are notified. With the authorization in hand, the worker can start working legally in Spain.
- Renewal and modifications. The residence and work authorization has a fixed duration and must be renewed before it expires. In addition, any change in the worker’s working or personal conditions must be notified to the authorities.
What changed in the Foreigners Act in 2022?
The regulation on foreigners was amended in 2022 and the following changes were introduced to simplify administrative procedures and to achieve greater flexibility in obtaining work and residence permits:
- Foreigners from outside the European Union must obtain a residence and work permit to work in Spain.
- It is possible to work as a self-employed person or as an employee for those who have obtained a residence permit for studies, as long as the work is compatible with such studies.
- There are foreigners who can obtain a long-term residence permit.
- In addition, a series of requirements are established in which there is no obligation to obtain a work permit to exercise a lucrative, labor or professional activity.
Hiring a foreign worker in Spain may seem a complex process, however, with the help of a labor consulting firm such as LEIALTA the process can become much easier.
We have a department fully specialized in the labor area, composed of our best professionals ready to offer advice and training throughout the process, both for Spanish companies and for those who come from abroad and need a guide to start hiring in Spain. If this is your case, do not hesitate to contact us and we will analyze your case, we will make the process more bearable!
