Residence visa with work permit exemption

​The Consular Section of the Spanish Embassy in Canberra only has jurisdiction in the Australian Capital Territory (ACT) and Queanbeyan. People located in the rest of Australia should check the website of the Consulate General of Spain in Sydney or the Consulate General of Spain in Melbourne.​ People located in other countries, should check the website of the Embassy or Consulate of Spain responsible for their place of residence.

Residence visa with work permit exemption

For stays over 90 days in Spain, according to article 88 of the Regulation 1155/2024, foreigners are exempted from obtaining a work permit in the following cases:

A. Technicians, researches, and scientists, invited or hired by 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 specified Administrations for the development of an activity or a technical, scientific or general interest program. 

B. Teachers, technicians, researchers and scientists invited or hired by a Spanish university. This includes foreign academics hired or invited by a Spanish university to carry out teaching, research or academic tasks. 

C. Managerial, teaching or research staff, from cultural or educational institutions, private or state-owned, with renowned reputation, officially recognised by Spain, that carry out cultural or educational programs of the respective countries as long as they only work for those programs. The studies, programs, degrees or diplomas issued must be valid and recognised by the countries on which they depend. 

D. Civil or military officials from Foreign States Administrations that come to Spain to perform activities under co-operational agreements with the Spanish Administration. 

E. Correspondents from foreign media who develop their journalistic activity in Spain, duly accredited by the Spanish authorities, as correspondents or special correspondents

F. 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. 

G. 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 of Spain.
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. 

H. 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. 
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I. Foreigners who hold a valid work permit in a Member State of the European Union and are posted to Spain within the framework of a transnational provision of services, under the terms defined by Law 45/1999, of November 29, on the posting of workers within the framework of a transnational provision of services


Required documents​ 

1. National visa application ​formIt opens in new window. 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. Original and a photocopy of the page or pages of the passport that contain biometric data. The passport must have a minimum validity period of 4 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.  

Residents in Australia who are not Australian citizens will also have to provide their residence visa (VEVO)​.

4. 790-052 Form.pdf. Fill in the “Autorización inicial de residencia temporal” (Initial authorization for temporary Residence). 

5. EX-09 Form.pdf. Fill in the EX-09 form “Autorización de estancia o residencia temporal con excepción de la autorización de trabajo” (Authorization for temporary stay or residence with the exception of the work authorization).  

6. Proof of being in one of the cases of exemption from the work authorization:

A. Technicians, researches, and scientists, invited or hired by Spanish authorities or public institutions:  Invitation or work contract endorsed by the legal representative of the Spanish authority or public institution, along with the project description and professional background. 

B. Teachers, technicians, researchers and scientists invited or hired by a Spanish university: Invitation or work contract for the exercise of the above-mentioned activities, endorsed by the legal representative of the university.​

C. Managerial, teaching or research staff, from cultural or educational institutions, private or state-owned, with renowned reputation, officially recognised by Spain: 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.

D. Civil or military officials from Foreign States Administrations that come to Spain to perform activities under co-operational agreements with the Spanish Administration: certificate issued by the competent Foreign State Administration and justification of such aspects.

E. Correspondents from foreign media who develop their journalistic activity in Spain, duly accredited by the Spanish authorities, as correspondents or special correspondents: accreditation issued by the Spanish authorities.

F. 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: authorisation issued by the competent Spanish administration to take part in the International Scientific Mission.​

G. Religious ministers and members of the Church hierarchy, faiths and religious communities, and professed religious of religious orders. The following requirements must be met:
- Regarding paragraph a), certificate issued by the Spanish Ministry of Justice.
- Regarding the rest of the paragraphs,  certificate issued by the religious entity, with the consent of the Ministry of Justice and submitting a copy of the statutes of the order.

H. Members from representative, governmental and administrative bodies of internationally recognized trade unions and business organisations: certificate issued by the trade union or business organisation.
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I. Foreigners who hold a valid work permit in a Member State of the European Union and are posted to Spain within the framework of a transnational provision of services, under the terms defined by Law 45/1999, of November 29, on the posting of workers within the framework of a transnational provision of services: proof of the valid work permit and proof of the posting to Spain. ​


7. 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 certificate must include both name and fingerprints checks. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. For Australian documents, you may follow the information at the Smart Traveller website​

8. Medical certificate. Original and a copy of a medical certificate accrediting that the applicant does not suffer from any disease that could cause serious repercussions for public health pursuant to the 2005 International Health Regulations. You may use this Medical certificate template.pdf. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. To apostille a private document, you will need to notarize it first. For Australian documents, you may follow the information at the Smart Traveller website​

9. Proof of residence in the consular district. The proof submitted by the applicant will be assessed by the Consular Office. Additional documentation can be requested.​​​​​

10. 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. 

11. Payment of the visa fee. The amount of the fee must be consulted with the Consular Office. 

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 visa: Visa applications must be submitted in person by the applicant, or by one of their parents if the applicant is a minor. 
  • 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. 
  • Place of submission: Applications must be submitted in person at the Consular Office. Appointments must be requested by email / through the following link (include link to the appointment system). 
  • 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.aspxIt opens in new window 
  • 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: 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 legal representative (if the applicant is a minor) 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: If a visa is refused, the applicant may submit an appeal for reconsideration to this Consular Office within 1 month of the day following the date on which notification of the refusal is received. An application for judicial review may also be filed with the High Court of 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.

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