Consulado de España en BRUSELAS
@ Madrid: 22.11.2019 18:34 @ Bruselas: 22.11.2019 18:34
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Working in Spain -Who does need a visa?
20/03/2018
Citizens of the European Union or of a signing member of the Agreement on European Economic Area or Switzerland.
 
Citizens of the European Union and their family members, provided that the latter travel with or meet said citizens, are subject to a specific legal system based on the rights recognized in the Treaties. Although citizens of the European Union do not need visas, they do need to request an NIE (Foreign Citizen's Identification Number) once they are in Spain to be able to carry out certain formalities, such as opening a bank account, purchasing a transport pass or gaining access to public health care.
 
To remain in Spain for more than three months you must consult the Foreigners Office or local Police Station in order to register on the Central Foreigners' Register. The certificate issued will also provide a Foreigners' Identification Number (N.I.E.). You must apply for this certification within three months of arriving in Spain. Further information regarding procedure be found at: http://extranjeros.empleo.gob.es/es/InformacionInteres/InformacionProcedimientos/CiudadanosComunitarios/hoja102/index.html

 

Citizens from other countries.
Foreign citizens wishing to engage in gainful or professional activity or employment, must meet the following requirements:
  • Being over the age of 16, except for self-employment, in which case it is necessary to be over 18.
  • Obtaining the corresponding prior authorization to reside and work in Spain. This authorization must be requested by the employer offering the working contract.
  • Obtaining a visa once the residence and work authorization has been issued.  
Do I need to get an authorization to work?
Yes. To work self-employed or as an employee, you must get a previous administrative authorization.
 
What types of work authorizations may be applied for and who may apply for them?
If you intend to work as an employee, the following type of authorization may be applied for:
  • Initial work authorization as an employee: it will limit your work to an activity sector and specific geographical area. It will be valid for one year. It must be applied by your employer or, in the case of the companies, by the legal company representative.
If you intend to work self-employed, you may apply in person for the following authorization:
  • Initial work authorization as self-employed worker, it is valid for one year.
1. WORK AUTHORIZATION AS AN EMPLOYEE.
What must the employer do?
Submit an application for residence and work permit for the worker, either in person or through a legal representative, to the competent body in the province where the activity will be carried out.  The applications must be submitted at the Oficinas de Extranjeros or, in absence of these, at the Areas or Headquarters of Labor and Social Affairs or of the Government Delegations in uni-regional Autonomous Communities.
 
The initial permit is valid for one year and may be restricted to a particular geographical area and activity. It is conditional on the foreigner obtaining a visa, entering Spain, and registering with the Social Security system.
 
What must the foreign worker do?
Once the authorisation/permit is granted, the worker must present the visa application in person at the Consular Office in your country of origin or the nearest to your legal residence, in the month following notification to the prospective employer.
 
The visa must be requested and collected in person at the Spanish Consular Office in Brussels ( Rue Ducale 85/87 -1000 Brussels). The application may also be submitted by a duly authorized representative under duly accredited exceptional circumstances.
Hours: Monday to Friday from 9.00 a.m. to 13.00 p.m. (with prior appointment, Tel: 02 509 87 80).
 
What kind of documents do I have to attach to a visa application?
The visa application must be submitted on a duly completed Application for National Visa form (original and copy), which can be downloaded free of charge from this web page or can also be obtained free of charge from the Consular Office.
 
You shall enclose the original and a photocopy of the following documents with the application:
  • A passport or travel document, valid in Spain and with a minimum validity period of 4 months prior to your arrival in Spain. A copy of all the passport's pages, even blank pages.
  • A document proving his/her residence status in Belgium (permanent residence permit, working permit, study permit, etc.)
  • A recent full-face photograph, in colour, on a light, plain and uniform background, without dark glasses or any garment that may prevent identification of the applicant.
  • The employment contract, stamped by the Foreigners’ Office in Spain.
  • The Residence and work authorization issued by the Provincial Department of the Labour Ministry.
  • A criminal record certificate issued by the authorities in the worker’s country of origin or countries of residence over the past 5 years, including Belgium, which must not include any acts considered a criminal offence under Spanish law. The negative criminal record check must be legalized with the Apostille of the Hague Convention and translated into Spanish by a sworn translator.
  • A certificate stating that the applicant does not suffer from any disease that could have a severe impact on public health according to International Health Regulations. The medical certificate must be issued by a family doctor worded as follows: “This medical certificate states that Mr./Mrs….. does not suffer from any diseases that may have serious consequences on public health in accordance with the provisions contained in the 2005 International Health Regulations.” The medical certificate must also be legalised by Service public fédéral Santé publique: Eurostation II / Place Victor Horta, 40 bte 10 / 1060 Bruxelles. Telephone: 02 524 97 97.

The required  fee must be paid in cash at the moment the visa is requested, and will not be refunded in the event the application is refused. The visa fee is 60€ + 10,72€, except when a reciprocity fee applies to some countries, such as Canada and USA. Only cash will be accepted.  

 

The negative criminal record check and the medical certificate should be first legalised and then translated into Spanish.

If the document is translating by a sworn translator recognized by the Spanish Ministry of Foreign Affairs (MAEC), the translation does not need to be legalized. If the translation is done by another translator, the signature must be legalised by the Chairman of the Court of First Instance to which the translator is affiliated. Then, the signature of the Chairman of the Court must be legalised by the Federal Public Service Justice (Waterloolaan 115 / 1000 Brussels / E-mail: legal@just.fgov.be. Only then can you offer the original document to the Legalisation Division of the Federal Public Service Foreign Affairs in order to obtain an apostille or to have it legalised.

If the applicant travel with the family, each member of the family must present an independent visa application, the documents to be enclosed and a document proving the relationship (marriage or birth certificate, as the case may be).

 
The visa will be issued after agreement of Spanish Authorities. The delay for a residence and work visa as an employee is one month.
 
Once the visa has been issued, the worker must enter Spain within the period stated on the visa (not further than3 months).The date of entry into Spain must be stamped in the passport.
 
Within 3 months after entering Spain, the employer requesting the permit must register the worker with Social Security system.
 
What must a foreign worker do when arriving in Spain?
After arriving in Spain, foreign workers must:
  • Register in the corresponding Social Security system.
  • Apply for a foreigner identity card.
Within one month of being registering with Social Security, the foreigner must apply, in person, for a Foreigner's Identity Number (NIE). If the established period to do so has elapsed, and the foreigner is not registered with Social Security, will be obliged to leave Spain. Failure to do so constitutes a serious offence, for being in the country illegally.
 
Where may a foreigner with a work permit apply for an Identity Card?
You may apply for a Foreigner Identity Card (TIE) at the Oficina de Extranjeros or at the Police Department corresponding to the place where you intend to establish your residence. The application must be submitted within the month of entry in Spain and you must pay a fee.
 
Can residence and work permits be renewed?
Yes, on request from the worker, when their employment continues or they meet certain requirements. The application period is 60 calendar days prior to expiry (application can also be made 90 days after expiry, though it might carry a fine).
 
 
2. WORK AUTHORIZATION AS SELF-EMPLOYED WORKER.
 Where may I apply for a work authorization?
You must apply for a work authorization at Diplomatic Missions or Consular Offices. Hours: Monday to Friday from 9.00 a.m. to 13 p.m. (with prior appointment, Tel.: 02 509 87 80).
 
What kinds of requirements must I meet and what type of documents must I present in order to apply for an initial work authorization as self-employed worker?
The visa application must be submitted on a duly completed Application for National Visa form (original and copy), which can be downloaded free of charge from this web page or can also be obtained free of charge from the Consular Office.
You shall enclose the original and a photocopy of the following documents with the application:
  • A completed and signed application for a residence authorization form (form EX-07).
  • A completed and signed fee payment form for an initial residence authorization (form 790, code 052).
  • A completed and signed fee payment form for an initial self-employed work authorization (form 990, code 062).
  • Valid passport with a minimum validity of 1 years prior to your arrival in Spain. A copy of all the passport's pages, even blank pages.
  • A recent full-face photograph, in colour, on a light, plain and uniform background, without dark glasses or any garment that may prevent identification of the applicant.
  • If the applicant is not a Belgian citizen, he/she must provide documentation proving his/her residence status in Belgium (permanent residence permit, working permit, study permit, etc.)  
  • Properly endorsed title or accreditation that you hold the training and skills required to perform the job, when appropriately.
  • Evidence that you have enough economic means for investment or sufficient support by financial institutions or by others.
  • Project of business or activity to be carried out, including the proposed investment, expected profits and, depending on the case, work positions that might be created.
  • List of the authorizations or licences that are required to setting up, opening or functioning of the projected activity or for the professional practice stating the situation the procedures these are in, and including completed form copies of all the application made at the corresponding administrative bodies.
  • Estimate that the activity will produce the first year from the beginning sufficient economic resources to support at least the maintenance ad accommodation after all necessary costs to continue the activity have been deducted.
  • A criminal record certificate issued by the authorities in the worker’s country of origin or countries of residence over the past 5 years, including Belgium, which must not include any acts considered a criminal offence under Spanish law. The negative criminal record check must be legalized with the Apostille of the Hague Convention and translated into Spanish by a sworn translator.
  • A medical certificate stating that the applicant does not suffer from any disease that could have a severe impact on public health according to International Health Regulations. The medical certificate must be issued by a family doctor worded as follows: “This medical certificate states that Mr./Mrs….. does not suffer from any diseases that may have serious consequences on public health in accordance with the provisions contained in the 2005 International Health Regulations.” The medical certificate must also be legalised by Service public fédéral Santé publique: Eurostation II / Place Victor Horta, 40 bte 10 / 1060 Bruxelles. Telephone: 02 524 97 97.  
The required fee must be paid in cash at the moment the visa is requested, and will not be refunded in the event the application is refused. The visa fee  visa fee is 60€ + 199,82€ + 10,72€, except when a reciprocity fee applies to some countries, such as Canada and USA. Only cash will be accepted.
 
The negative criminal record check and the medical certificate should be first legalised and then translated into Spanish.

If the document is translating by a sworn translator recognized by the Spanish Ministry of Foreign Affairs (MAEC), the translation does not need to be legalized. If the translation is done by another translator, the signature must be legalised by the Chairman of the Court of First Instance to which the translator is affiliated. Then, the signature of the Chairman of the Court must be legalised by the Federal Public Service Justice (Waterloolaan 115 / 1000 Brussels / E-mail: legal@just.fgov.be. Only then can you offer the original document to the Legalisation Division of the Federal Public Service Foreign Affairs in order to obtain an apostille or to have it legalised.

The visa will be issued after agreement of Spanish Authorities. The delay for a residence and work visa as an employee is 3 months.

Once the visa has been issued, the worker must enter Spain within the period stated on the visa (not further than3 months). The date of entry into Spain must be stamped in the passport.
 
Do I have to pay any fees for the issuance of an authorization to work in Spain?
Yes. If you going to work as an employee, the employer is the one that is directly responsible to pay a fee for the initial work authorization. Nevertheless, if you are going to work as a self-employed person, you are the one obliged to pay the fee (199,82€ + 10,72 €)
 
Is there a document that gives evidence that I have a work authorization?
Yes. When the work authorization is for less than 6 months it will be accredited by the visa. When the work authorization is for more than 6 months, once you are in Spain, you must apply for a Foreigner Identity Card within a month term from your entry in Spain.
 
Where may a foreigner with a work permit apply for an Identity Card?
You may apply for a Foreigner Identity Card (TIE) at the Oficina de Extranjeros or at the Police Department corresponding to the place where you intend to establish your residence. The application must be submitted within the month of entry in Spain and you must pay a fee.
 
May I renew my work authorization?
Yes, as long as you give evidence the continuity in the activity on the basis of which the authorization was granted and you have fulfilled your tax and Social Security obligations.
 
Do I have to mention my Foreigner Identity Number if I carry out any business in Spain?
Yes. You are allocated a Foreigner Identity Number (N.I.E.), which is mentioned on your Foreigner Identity Card, and that you must state in any public or private documents that you sign.
 
Schengen Space
Foreign nationals who hold a valid long term national visa can move freely through other Schengen States for a maximum of three months within any six month period, so long as they meet the entry conditions.
 
For more information or any clarification, please contact the Visa Department at the Consulate of Spain (Tel.: 02 509 87 80) E-mail: cog.bruselas.cen@maec.es

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