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Work Residence: Self-Employed and Employed

1. Introduction to the New Regulatory Framework

The fundamental pillars of this reform lie in administrative simplification, faster procedures and unprecedented labour flexibility. The regulations seek to optimise talent retention and promote regular and safe migration, eliminating documentary duplication and reducing the Administration's response times.

2. Employed Work

The situation of temporary residence and employed work is defined as that which enables the foreign national to remain in Spain for a period exceeding ninety calendar days and not exceeding five years for the purpose of carrying out a work activity for an employer. The minimum age to hold this authorisation is set at 16 years.

a. Specific Requirements for the Employer and Worker

The requirements necessary for the grant of the initial authorisation:

  • National employment situation: The hiring must be compatible with the reality of the domestic labour market.
  • Employment contract: Submission of a signed contract guaranteeing continuous activity during the validity of the authorisation.
  • Regulatory compliance: Working conditions must strictly comply with current regulations and the applicable collective agreement.
  • Legal obligations: The employer must prove that they are up to date with their tax and Social Security obligations.
  • Professional qualifications: The worker must hold the qualification or degree legally required for the profession.
  • Public security: The applicant must not represent a threat to public order, taking into account the absence of criminal record.

When the employer is a private individual, they must prove sufficient financial means for their own support and that of their family unit.

b. The National Employment Situation

To safeguard the labour market, the rule relies on the Catalogue of occupations that are difficult to fill, which is updated on a quarterly basis. If the occupation is not listed in this catalogue, the employer must initiate the processing of a job offer with the Public Employment Service following these mandatory time limits:

  • Processing of the offer: The Public Employment Service will process it for a period of 8 days.
  • Certificate of insufficiency: In the absence of suitable candidates, the certificate of insufficiency will be issued within a maximum period of 3 days.

3. Self-Employed Work

This authorisation is intended for foreign nationals over 18 years of age who wish to start a business and carry out a profit-making activity without depending on an employer. The initial grant has a duration of one year and is limited to an autonomous community geographical area and sector of activity.

Main requirements:

  • Compliance with the requirements that legislation imposes on nationals for the opening and operation of the planned activity (licences, permits, etc.).
  • Possession of the legally required professional qualification or accredited experience for the activity and, where applicable, professional association membership.
  • Proof of the sufficiency of the planned investment for the implementation of the project and the potential job creation (including self-employment).
  • Absence of criminal record and no threat to public order or health.

4. Common Features and Flexible Innovations

  • Initial Duration: The initial authorisation will have a maximum validity of one year, adjusted to the duration of the contract.
  • Geographical Scope: The authorisation is initially limited to one occupation and one autonomous community area, except where the national employment situation does not apply.
  • Foreign Identity Card (TIE): The holder must personally apply for the TIE within one month of registration with Social Security (Art. 73.3).
  • Security and Public Order: The existence of police records does not imply automatic rejection. The competent body must carry out a case-by-case and circumstantial assessment to determine whether the person represents a real and current threat to security.

5. Grounds for Refusal

Grounds for refusal of the application are established, with particular severity for those relating to the employer's conduct:

  • Unfair dismissals: The application will be refused if the employer has eliminated jobs through dismissals declared unfair or null in the 12 months prior to the application.
  • Immigration sanctions: The existence of final sanctions for serious or very serious offences in the last 12 months acts as a barrier to hiring.
  • Criminal convictions: Final sentences for offences against workers' rights, human trafficking or tax fraud.
  • Failure to meet requirements: Lack of proof of financial means or of the worker's qualifications.