Required documents
1. Application form. Each applicant must complete and sign a visa application, filling in each of its sections. If the applicant is a minor, one of their parents must sign the application.
2. Photograph. A recent, passport-size, colour photograph, taken against a light background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face.
3. Valid, unexpired passport. The passport must have a minimum validity period of 6 months (in the case of a temporary contract, the validity period must cover the duration of the contract) and contain two blank pages. Passports issued more than 10 years ago will not be accepted.
4. Photocopy of the page or pages of the passport that contain biometric data, previous visas from different countries and migration stamps.
5. Form 790-052. The applicant must complete all the fields and sign two copies of it.
6.
EX-09 form. Each applicant must complete and sign a EX-09 form, filling in each of its sections. If the applicant is a minor, one of their parents must sign the application.
7. Proof of being in one of the cases of exemption from the work authorization:
- 7.1. Technicians and scientist, invited or hired by the Spanish authorities or public institutions whose purpose is to promote and develop a research promoted or majority owned by the above. This situation applies to professionals who, due to their knowledge, specialisation, experience or scientific practices are invited or hired by any of the Administrations mentioned for the development of an activity or a technical, scientific or general interest program.
- Documents: Invitation or work contract endorsed by the legal representative of the Spanish authority or public institution, along with the project description and professional background.
- 7.2. Teachers, technicians, researchers and scientists invited or hired by a Spanish university. It will only be considered the foreign academics hired or invited by a Spanish university to carry out teaching, research or academic tasks.
- Documents: Invitation or work contract for the exercise of the above-mentioned activities, endorsed by the legal representative of the university.
- 7.3. Managerial, teaching or research staff, from cultural or educational institutions, private or state-owned, with renowned reputation, officially recognised by Spain, that will carry out cultural or educational programs from the respective countries. The studies, programs, degrees or diplomas issued must be valid and recognised by the countries on which they depend.
- Documents: proof of the validity in the country of origin of the degrees or diplomas issued in Spain, of the employment contract or designation for the exercise of management or teaching activities and, in the case of private entities, of documents justifying their official recognition by Spain.
- 7.4. Civil or military officials from Foreign States Administrations that come to Spain to perform activities under co-operational agreements with the Spanish Administration.
- Documents: certificate issued by the competent Foreign State Administration and justification of such aspects.
- 7.5. Correspondents from foreign media who develop their journalistic activity in Spain, duly accredited by the Spanish authorities, as correspondents or special correspondents.
- Documents: accreditation issued by the Spanish authorities.
- 7.6. Members of International Scientific Missions duly authorised by the relevant Spanish administration that will engage in studies or research activities programmed by an International organisation or agency.
- Documents: authorisation issued by the competent Spanish administration to take part in the International Scientific Mission.
- 7.7. Religious ministers and members of the Church hierarchy, faiths and religious communities, and professed religious of religious orders. The following requirements must be met:
a) The Church or community is registered at the Registry of Religious Orders of the Ministry of Justice.
b) The applicant has the status of Minister of Religion, member of the Church hierarchy or professed religious.
c) The activities to be carried out in Spain are strictly religious, contemplative or respond to statutory purposes of the Order; work activities not included in this area are expressly excluded.
d) The entity must be in charge of living and accommodation costs, as well as those required under the Social Security regulations.
- In paragraph a) through certificate issued by the Spanish Ministry of Justice.
- Rest of paragraphs, through certificate issued by the religious entity, with the consent of the Ministry of Justice and submitting a copy of the statutes of the order.
- 7.8. Members from representative, governmental and administrative bodies of internationally recognized trade unions and business organisations, if the activity is limited to the exercise of these functions.
- Documents: certificate issued by the trade union or business organisation.
- 7.9. Foreign minors in working age, under the guardianship of a child protection agency, for activities that, at the proposal of the entity, promote their social integration.
- Documents: documentary evidence that the minor is under the guardianship of the child protection agency, and proposal of the entity that will favor the social integration of the minor.
8. Criminal record check certificate. Applicants of legal age must submit both the original and a copy of the criminal record check certificate(s) issued by their country or countries of residence for the past 5 years. The document is valid for a period of 6 months. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
Click here for more information.
9. Medical certificate. Original and a copy of a medical certificate accrediting that the applicant does not suffer from any disease that could cause serious health repercussions for public health pursuant to the 2005 International Health Regulations. The document is valid for a period of 6 months. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
Click here for more information.
10. Proof of residence in the consular district. For instance, recent (no older than 6 months) utility bills that clearly display the applicant's full name and current address; copy of lease or of house deed; etc. Please, be aware that this is not an exhaustive list.
11. Proof of the representative's identity and capacity. If the applicant is a minor, it will be necessary to present originals and submit copies of the identity document or passport of one of their parents, as well as of the document constituting proof of kinship. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish.
Click here for more information.
12. Payment of fees
- Form 790-052 fees. Fees related to this form can be paid at the Consular Section (click here for more information) or online through the link to forms 790-052. In this case, the proof of payment obtained from the same webpage must be attached.
- Visa fees. Click here for more information.
When necessary to assess the application, the Consular Office may request additional documents or data and may also ask the applicant to come in for a personal interview.
Procedure
This Consular Office is competent to accept visa applications from individuals residing in the consular district.
Who can apply for a permit: Visa applications must be submitted in person by the applicant, or by one of their parents if they are a minor. They may also be submitted through a duly accredited representative.
Legalization of documents: Click here for more information.
Visa application period: The visa application must be submitted within a period of 1 month, counted as of the day after the date on which the employer is notified of the favourable decision regarding the initial residence and employment permit, in case of residence and employment work visa.
- Place of submission: Applications must be submitted at the Consular Section in New Delhi with prior appointment through emb.nuevadelhi.vis@maec.es.
- Proof of receipt: The Consular Office will provide the applicant with proof of receipt of the application with a code that enables them to check the status of the dossier through the following link: https://sutramiteconsular.maec.es/Home.aspx
- Rectifying the application: The Consular Office may ask the applicant to submit any missing documents, or to provide additional documents or data that are necessary for a decision regarding the application. The applicant may also be called in for a personal interview.
- Decision period: For residence and employment work visa the legal period for reaching a decision is of 1 month from the day after the application submission date, but this period may be extended if an interview or additional documents are requested
- Collecting the visa: The visa must be collected in person by the applicant or by their representative within a maximum period of 1 month, counted as of the day after the date on which the favourable decision is notified. The Consular Office will inform the applicant regarding the procedure for the return of the passport and any other original documentation.
- Visa refusal: Visa refusals will always be notified in writing, setting forth the grounds on which the decision adopted was based.
- Appeals:
- In case of refusal of a visa, the applicant can submit in person an appeal letter at the Consular Section, as per the following instructions:
- Appeal can be presented within one month from the date of notification of the rejection.
- Appeal letter must be written in Spanish or in Spanish and English and must be duly signed by the applicant. In case of minors, appeal must be signed by the parents/legal guardians.
- Appeal letter must mention a telephone contact and an email address.
- In case of multiple applications, each applicant must present an individual appeal letter.
- Original and one photocopy of the appeal letter must be presented in person in order to be properly registered.
- Appeal letter can be presented on any day, except declared holidays, from Monday-Friday, between 9.00-13:00 hours, without any prior appointment.
- Appeal letter cannot be sent by email or by post.
- Maximum processing period of an appeal is one month. During the processing period, no status queries or requests for expediting the procedures will be entertained.
- Once the appeal has been processed, the applicant will be contacted by email directly by the Consular office.
- An application for judicial review may also be filed with the High Court Justice of Madrid within the 2-month period beginning the day after the date on which the applicant receives notification of the visa refusal or of the dismissal of the reconsideration appeal.
- Validity period of the visa: If the contract is for one year, the visa will be valid for 90 days. Once in Spain, the worker must register with the Social Security system before beginning their work activity and apply for a Foreigner Identity Card at the Foreign Nationals' Office or the corresponding police station, within 1 month from their registration with the Social Security system. If the work contract is for seasonal work, the visa will be valid for the entire period for which the applicant is authorized to reside and work in Spain, and it will not be necessary to apply for a Foreigner Identity Card upon arriving in Spain.