//Spain: Initial authorization of residence and work of highly qualified professionals.

Spain: Initial authorization of residence and work of highly qualified professionals.

Initial authorization of residence and work of highly qualified professionals: It is a temporary residence and work authorization that can be obtained by a foreign worker who resides outside Spain to perform a work activity for which it is required to have a qualification of higher education or, exceptionally, with a minimum of five years of professional experience that can Be considered comparable.

BASIC REGULATIONS
Council Directive 2009/50 / EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for purposes of highly qualified employment.
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Article 38b).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 85 to 94).

REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Not be found irregularly in Spanish territory.
Lack of criminal records in Spain and in their previous countries of residence for crimes existing in the Spanish law.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
That the national employment situation allows hiring. It allows it if:
The occupation that the worker will perform in the company is included in the catalog of occupations of difficult coverage that the Public State Employment Service publishes quarterly.
The competent Immigration Office considers that the job position could not be filled under the certificate issued by the Public Employment Service on the management of the job offer.
The authorization is addressed to nationals of States with which Spain has signed international agreements (Chile and Peru).
It is an assumption set forth in article 40 of Organic Law 4/2000.
Present a contract signed by the employer and worker that guarantees the worker an ongoing activity during the period of validity of the authorization to reside and work. The date must be conditional on the effective date of the residence and work authorization.
The conditions established in the employment contract must be adjusted to those established by current regulations, and the annual gross salary must be at least 1.5 times the average gross annual salary of the profession to be performed. However, the salary may be 1.2 times the gross annual salary in those professions in which there is a particular need and belong to groups 1 and 2 of the International Standard Classification of Occupations, ISCO (see annex).
The requesting employer must be registered in the corresponding regime of the Social Security system and be aware of the fulfillment of their tax obligations and against Social Security.
The employer must have sufficient economic, material or personal means for its business project and to meet the obligations assumed in the contract against the worker.
If the employer is a natural person, he must prove, once the payment of the agreed salary has been deducted, 100% of the IPREM if there are no dependents.

If the family unit includes two members, 200% (1065.02 euros). If the family unit includes more than two people, 50% of the IPREM must be added to the previous amount for each additional member).

Possess the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

REQUIRED DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time the application is submitted.

Application form in official form (EX – 05) in duplicate, duly completed and signed by the company you hire. This form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Full copy of valid passport or travel title.
Copy of the training required for the exercise of the profession, when appropriate, duly approved.
Documentation that identifies the company requesting authorization:
If it is an individual entrepreneur: copy of the NIF or NIE, or consent to verify identity data through the Identity and Residence Data Verification System.
If it is a legal person (S.A, S.L., Cooperativa, etc.):
Copy of the NIF of the company and copy of the deed of incorporation duly registered in the corresponding Registry.
Copy of the public document proving that the signer of the authorization request has the legal representation of the company.
Copy of the NIF or NIE or consent to verify the identity data through the Identity and Residence Data Verification System of the signatory of the application.
Signed work contract. You must submit original and copy. The copy will be stamped by the Aliens Office and returned for later presentation by the foreigner along with the application for a residence and work visa.
Documentation accrediting not taking into account the national employment situation. (See fact sheet with assumptions and precise documentation).
Proof that the company guarantees the necessary solvency, through: the declaration of personal income tax, or VAT, or the Corporate Tax or the report of the company’s working life (VILE), referring to the last three years. Likewise, a descriptive report of the occupation to be carried out must be provided.
Important note: when documents from other countries are provided, they must be translated into Spanish or co-official language of the territory where the application is submitted.

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention.

PROCESS
Subject legitimized to submit the application: the employer or employer, personally, or through a legitimized subject that has the legal business representation attributed. (See Fact Sheet on Legitimate Subjects).
Place of presentation: Immigration Office of the province where the services will be provided. The address information, telephone numbers and customer service hours can be consulted at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html.
The residence and work rates: will be accrued at the time of admission to the application process, and must be paid within ten business days, they are:
Model 790 code 052, section 2.1 initial authorization of temporary residence, to be paid by the foreign worker
Model 790, Code 062 to be paid by the employer:

Compensation of less than 2 times the SMI, section 1.3 on behalf of third parties of highly qualified professionals holding blue-EU cards
Compensation equal to or greater than 2 times the SMI, heading 1.8 for the account of highly qualified professionals holding EU-blue card
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration

Deadline for resolution of the application: 45 days from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having practiced the notification, it may be understood that the request has been dismissed due to administrative silence.
The resolution will be notified to the employer and communicated to the worker. (When it has not been possible to notify the resolution, it will be announced in the Single Edictal Board (TEU) https://www.boe.es/tablon_edictal_unico. If the interested party had opted for electronic or regulatory notification, they were obliged to use that means, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within 10 business days of its publication, it will be notified).
In the case of concession, the worker has one month from the notification to the employer, to personally apply for the visa in the diplomatic mission or consular office in whose demarcation he resides. The visa application must accompany:
Ordinary passport or travel title recognized as valid in Spain with a minimum validity of four months.
Criminal record certificate issued by the authorities of the country of origin or of the country or countries where you have resided during the last five years.
Medical certificate.
Copy of the contract presented and stamped by the Aliens Office.
Proof of having paid the visa fee, which amounts to 60 euros.
The diplomatic mission will decide on the request within fifteen days.
Notified, if applicable, the granting of the visa, the worker must collect it personally within one month from the date of notification. If the collection is not made within the aforementioned period, it will be understood that he has resigned and the file of the file will be produced.
The worker must enter Spain during the three-month period of the visa, which enables them to enter and remain in Spain in a situation of stay until their affiliation and registration in the corresponding Social Security scheme occurs, within three months. from the entrance.
Within one month after the worker has registered with Social Security, he must personally request the Foreigner Identity Card at the Aliens Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment you can consult http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html.
The applicant will show his passport or travel document at the time of the fingerprint process to prove his identity and will provide:
Foreigner identity card application, in official form (EX 17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Proof of payment of the card fee.
Proof of membership and / or registration of Social Security.
Three recent color photographs, in white background, passport size.
The requirements and procedure for granting residence authorization to family members of highly qualified professionals can be found in the available information of the corresponding family reunification authorization.

ANNEX I
International Standard Classification of Occupations (ISCO)
GREAT GROUP 1: Members of the executive branch and legislative bodies and management personnel of public administration and companies
11 Members of the executive branch and legislative bodies and management personnel of the public administration
111 Members of the executive branch and legislative bodies
112 Public Administration Management Personnel
113 Chiefs of small towns
114 Leaders and administrators of specialized organizations
12 Company Directors
121 General Directors and General Company Managers
122 Directors of production and operations departments
123 Other department directors
13 Company Managers
131 Company Managers
GREAT GROUP 2: Scientific and intellectual professionals.
21 Professionals in the physical, chemical and mathematical sciences of engineering.
211 Physical, chemical and related
212 Mathematicians, statisticians and related
213 Computer professionals
214 Architects, engineers and related
22 Professionals in biological sciences and other disciplines related to organic beings
221 Professionals in biological sciences and other disciplines related to organic beings.
222 Physicians and related professionals (except nursing and midwifery staff)
223 Nursing and midwifery staff
23 Teaching professionals
231 Professors from universities and other higher education establishments
232 Secondary school teachers
233 Senior teachers of primary and preschool education
234 Higher level teachers and instructors of special education
235 Other teaching professionals
24 Other scientific and intellectual professionals
241 Specialists in organization and administration of companies and related companies
242 Law Professionals
243 Archivists, librarians, documentalists and related
244 Specialists in social and human sciences
245 Writers, creative artists and performers
246 Priests of different religions.

*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.

Last update: 01/2016

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