In today’s interconnected world, many companies establish work centers in various countries. Spain, due to its strategic location, is one of the main destinations for businesses looking to expand into Europe. This expansion leads to the need for regulating the transfer of non-EU workers to Spanish territory, and for this purpose, there is a specific authorization available.
What is the seasonal or campaign work residence and work authorization under cross-border service provisions?
This authorization allows foreign companies to temporarily transfer non-EU workers to work centers in Spain to carry out seasonal or campaign activities. It is valid when foreign companies or corporate groups need to send personnel to perform specific tasks for a limited time.
Requirements for Authorization
General Requirements
- The transferred worker must be a non-EU citizen (and cannot be a family member of a European Union citizen).
- If the worker is already in Spain, their immigration status must be regular.
- The worker must have no criminal record in Spain or any of the previous countries where they resided.
- The worker must not be banned from entering Spain or be under a no-return commitment to Spain.
Specific Requirements for the Worker
- The worker must reside legally and stably in the country where the company is based.
- The worker must have been employed by the company for at least nine months and have a minimum of one year of professional experience in the country of origin.
- The worker must have the required professional qualifications for the job and must commit to returning to their home country once the work relationship ends.
Specific Requirements for the Company
- The company must ensure that the worker’s employment conditions comply with the Law 45/1999 on the cross-border provision of services.
- The job offer must meet the national employment situation, meaning the vacancy must have been posted in the Public Employment Service for at least 25 days to allow local workers the opportunity to apply.
- The company must be up to date with its tax and Social Security obligations and registered in the Social Security system.
- The company must demonstrate economic solvency to meet its contractual commitments. If the employer is an individual, they must guarantee at least 100% of the IPREM (Public Indicator of Income) after the worker’s salary is deducted.
Travel and Accommodation Conditions for the Worker
- The company must provide suitable accommodation for the worker, meeting minimum standards of dignity and hygiene.
- The employer must organize and cover the cost of the worker’s trip to Spain and the transfer between the entry point and the accommodation.
- The employment period must not exceed nine months within any 12-month consecutive period.
Procedure for Requesting the Authorization
The process for obtaining this authorization is relatively straightforward, but it is recommended to seek legal advice from experts in immigration law.
- Application: The employer must submit the application to the Immigration Office in the province where the work will be carried out. The application must be filed at least three months in advance of the planned start date.
- Fees: Once the application is accepted, the employer has 10 working days to pay the residence and work authorization fees.
- Resolution: The administration has 45 days to issue a decision on the application.
- Visa: If the authorization is granted, the worker must apply for a seasonal residence and work visa at the Spanish consulate or diplomatic mission in their country of residence. The worker has one month to submit this application after receiving notification of the approval.
This type of authorization allows foreign companies to deploy their staff in Spain temporarily and legally, ensuring that both the worker’s rights and the employer’s obligations are met in the context of cross-border service provisions
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.
