This temporary residence and work authorization can be granted to foreign nationals who do not reside in Spain. It can apply to seasonal or campaign work, with a maximum duration of nine months for activities in the agricultural sector, or for work contracts lasting no more than a year in the installation of industrial or electrical plants, infrastructure construction, or other types of construction, as well as their setup and repairs, among others.
Regulations Governing the Authorization of Residence and Work
This type of permit is regulated by Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Article 39). It is further detailed in the Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011 of April 20 (Articles 167 to 177).
Since 2012, the collective management of hiring from abroad has been regulated by Order ESS/1/2012, of January 5, and Order ESS/2505/2014, of December 29, which extended the validity of the ESS/1/2012 order.
Requirements for Residence and Work Authorization
For Workers:
- Applicants must not reside in Spain, nor be citizens of a member state of the European Union, the European Economic Area, or Switzerland. They also must not be family members of citizens of these countries to whom the Union’s regime applies.
- The applicant must not have any criminal records in Spain or previous countries of residence for offenses recognized under Spanish law.
- They must not be barred from entering Spain or listed as inadmissible in any country with which Spain has a signed agreement on such matters.
- Applicants cannot be within a commitment period of non-return to Spain that was agreed upon when voluntarily returning to their home country.
- They must not have any public health conditions as defined by the International Health Regulations of 2005.
- The applicant must agree to return to their home country once the employment contract ends.
For Employers:
- Employers must submit generic job offers, and workers must be selected from their home countries, with preference given to those from countries with which Spain has signed agreements on regulating migration flows.
- Nominative job offers can only be presented when the worker has previously held a temporary residence and work authorization in Spain and has confirmed their return to their home country to the Spanish consulate.
- Selection must be made by a company that belongs to the same group or ownership as the contracting company. Job offers must typically be submitted by organizations representing the business.
- Employers must have sufficient economic, material, or personal resources to support their business project and fulfill the contractual obligations. They must also be in compliance with their tax and social security obligations.
- The Public Employment Service must certify that there are no local candidates available for the job.
Accommodation and Travel Guarantee:
- Employers must provide workers with adequate accommodation that meets standards of dignity and hygiene.
- Employers must also organize and cover the cost of the workers’ arrival and return travel to their home countries, as well as transportation between their point of entry to Spain and the accommodation provided.
- They are responsible for ensuring the worker’s return to their country of origin after the employment contract ends.
Documentation Required to Process the Residence and Work Authorization
Copies of all necessary documents must be provided, and originals must be shown at the time of submission. Required documents include:
- The job offer application form and Annexes III.(A) and III.(B) for generic offers, and III.(C) for nominative offers.
- Identification documents for the requesting company:
- For individual employers: NIF or NIE, along with consent to verify identity data through the Identity and Residence Data Verification System.
- For legal entities (S.A., S.L., cooperatives, etc.): NIF of the company, the company’s incorporation document, proof of the signatory’s legal authority to represent the company, and their NIF or NIE.
- Proof of the company’s solvency, such as tax declarations (IRPF, IVA, or corporate tax) or the company’s employment record (VILE) for the last three years.
- Certification from the Public Employment Services confirming the lack of local candidates for the position.
- Documentation proving adequate accommodation arrangements and proof of the organization of travel, including costs.
This process ensures a structured and legal path for hiring foreign workers for temporary jobs while providing necessary protections and obligations for both the workers and employers involved.
We have experience in this type of procedure, so if you need any assistance, please do not hesitate to set an appointment or contact us.
