Collective Management of Residence and Work Permits for 2024
The Official State Gazette (BOE) of December 30, 2023, has published Order ISM/1417/2023, dated December 29, which regulates the collective management of hiring from abroad for 2024. This regulation provides the legal framework for facilitating the entry and hiring of foreign workers seeking employment in Spain.
The new order allows for the collective management of both residence and work permits through stable migration and circular migration to cover temporary or seasonal positions. These hires can be managed in a generic or nominative manner, depending on the number of employers involved and the nature of the position.
1. Stable Migration
The regulation includes the collective processing of residence and work permits through stable migration, which allows for collective management of temporary residence permits not tied to a return condition. Employment offers must meet the requirements set forth in the current legislation and have a one-year duration. Specific occupations may be determined by regional governments, following consultations with labor and business organizations.
2. Circular Migration for Temporary or Seasonal Jobs
Circular migration, regulated by Royal Decree 629/2022, involves hiring foreign workers to fill temporary or seasonal positions. The permits granted under this scheme are valid for up to four years, allowing work for a maximum of nine months per year in a single sector. Employers can submit job offers in an ordinary, unified, or concatenated manner, depending on the project’s needs and the number of workers required.
Processing of Hiring from Abroad
Applications can be submitted to any of the locations mentioned in Law 39/2015, with a preference for electronic means. Job offers can be made either generically or nominatively, depending on the type of initial permit requested. Nominative offers refer to specific foreign workers.
Employer Requirements and Obligations
Employers participating in the collective management of job offers must fulfill several obligations, such as providing adequate accommodation, organizing travel to Spain, and ensuring the workers’ return to their country of origin after the employment period. Employers must also ensure that workers receive clear and detailed information about working conditions in a language they understand.
Job Search Visas
The Ministry of Inclusion, Social Security, and Migration may issue job search visas for children or grandchildren of Spanish nationals or for specific occupations.
Selection of Workers Abroad
The General Directorate of Migration is responsible for authorizing and managing the selection of foreign workers abroad, promoting the creation of employment databases, and ensuring equal opportunity, non-discrimination, and transparency.
This regulatory framework aims to effectively meet labor market needs in key sectors of the Spanish economy, facilitating the orderly management of migration flows and ensuring rights and protections for foreign workers.
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