Spanish work permit procedure is long and complicated,
necessitating a decision by many different authorities.
However, recent changes to legislation for companies providing
services to their clients means that some consultants can be
placed on site very quickly.
How long will it take to get an employee on site with an
Spanish work permit?
The supporting documentation needed is quite extensive and
can take some time to collect, it must be submitted in
Spanish, so translations should be taken into both time and
financial budgets. Once the application has been lodged,
processing takes between 3 and 6 months due to the highly
bureaucratic systems designed to protect the resident labour
markets.
Spain has just acknowledged the provision of service ruling
by the European Court, which means that some candidates may be
able to be placed on-site within a week.– See the section
below.
When the work permit is approved the candidate must apply
for a residence visa to travel to Spain and start work.
Can my company obtain
Spanish work permits?
There are two possible ways for the candidate to be
employed with a work permit for the first time:
- As the direct employee of an Spanish company. In the
first instance this would be a type b, which is for a
maximum of 1 year. This may be extended and would become a
type B, valid for a maximum of 2 years.
- As the employee of a foreign company that is providing
services to an Spanish company. This foreign company may not
be a recruitment agency and must produce a service contract
as part of the application. In this scenario, a Spanish
accountant must administer the payrolling of the candidate
to ensure that all tax and social security is duly paid.
This would be a type A permit and would be valid for a
maximum of 9 months.
Does
the candidate qualify for an Spanish work permit?
The candidate must be shown to have sufficient experience
to fill the position.
If the application is for an assignment permit then the
candidate should have at least 6-12 months experience with the
service provider, to justify the claim that they have
experience with the company's systems.
Preference is given to candidates with some demonstrable
link with Spain and Latin American citizens
How do I apply for an
Spanish work permit?
The application is generally lodged through the Direccion
Provincial de Trabajo, seguridad Social y Asuntos Sociales
(local labour office), however they may also be lodged at the
office for foreigners, the Gereral directorate for Migration,
or even the post office. When the application is for provision
of service and the employer has no presence in Spain, the
Spanish consulate will accept the application.
Once the work permit application is approved, the candidate
will need to make a residence visa application in their usual
country of residence. The candidate will probably need to
present a police clearance certificate and an original birth
certificate to be granted this visa, so it is worthwhile
assembling these documents in advance.
Provision of service ruling
– van der Elst
The European court made a ruling that any EEA company
should be able to provide services to it's EEA clients without
the need to obtain additional work permits for it's employees.
i.e. if a British software house sells it's product to a
Spanish company and to install the product on it's client's
systems needs to send some non-EEA employees who have UK work
permits to the client's offices in Spain they should not need
a Spanish work permit.
This ruling is being acknowledged very slowly across
Europe, and was acknowledged by Spain at the end of 1999. In
order to fit into this category the employee must have been
employed in the EEA by the supplier for at least 12 months
before being seconded.
Spanish work permit FAQs
What is the difference
between a work permit and a visa?
A work permit is permission for a company to employ a
foreign worker given by the labour authorities. It does not
allow the candidate to travel to or reside in Spain. Once the
work permit has been approved the candidate should apply for a
residence visa (type D), a scengen (type C) visa is not
sufficient to take up employment with a work permit.
What is the difference
between "body shopping" and providing a service?
It is not possible to obtain a work permit for a candidate
who is being body shopped, but it is possible for a candidate
under a contract to provide services. The key differences are:
- The sponsor may not be a recruitment agency.
- The staff remain on the payroll and line management of
the service provider.
- The services are above and beyond that of just a
contractor – e.g. consultants assisting in the installation
of a propriety product sold to a client.
- The services provided must be shown to be in the normal
run of operations for the service provider.
What elements should be
included in a service contract to ensure that it is suitable
for a work permit application?
A provision of service contract should include the
following elements:
- The day to day line management of the consultants
remains with the service provider
- It should include warranted deliverables.
- It should cover the entire period for which the permit
is required.
- It should be signed by both parties, and on the client
headed paper.
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