Hiring from country of origin

The main cases are presented below:

• Hiring in origin: This procedure allows for the simultaneous processing of several authorizations for selected workers in their countries of origin, with the participation of the competent authorities. Job offers are preferably directed toward countries with which Spain has signed agreements regulating migration flows.
• Job Catalog: The company must submit the job offer to the employment office through the “Empléate” portal. Initial authorization for temporary residence and employment: This is required to hire a foreigner who does not have a residence permit based on social roots. This authorization is valid for one year and is limited to a single occupation and geographic area, with some exceptions.
• Exceptions: Foreign workers may be hired in their country of origin in the following cases:
  • Nationality of States with which Spain has signed International Agreements (Chile and Peru).
  • Workers hired based on the procedure for authorizing entry, residence, and work in Spain; foreigners whose professional activity involves reasons of economic, social, or labor interest; or whose purpose is to carry out research, development, or teaching work requiring high qualifications; or artistic performances of special cultural interest.
  • Foreigners who are dependent on ascendants or descendants of Spanish nationality.
  • Reunited family members of working age; or the spouse or child of a foreigner residing in Spain with a renewed authorization; or the child of a naturalized Spaniard; or a European Union citizen who has resided in Spain for at least one year.

It’s important to keep in mind that hiring foreign workers in their home country requires careful planning and coordination, as well as compliance with the requirements and procedures established by Spanish law.

This is a temporary residence and work permit for a non-resident foreigner in Spain to pursue a lucrative self-employment activity.

Requirements:

• Not be a citizen of a state of the European Union, the European Economic Area, or Switzerland, or a family member of citizens of these countries to whom the status of EU citizen applies.
• Not be illegally present in Spanish territory.
• Not have a criminal record in Spain or in their previous countries of residence during the last five years for offenses under Spanish law.
• Not be prohibited from entering Spain and not be considered as prohibited from entering the territory of countries with which Spain has signed an agreement to this effect.
• Not be within the period of the non-return commitment to Spain that the foreigner assumed upon voluntarily returning to their country of origin.
• Meet the requirements that current legislation requires of nationals for the opening and operation of the planned activity.
• Possess the required professional qualifications or sufficient, proven experience in the exercise of the professional activity, as well as, where applicable, professional membership when required.
• Be able to prove that the planned investment is sufficient and the impact, where applicable, on job creation, including self-employment.
• Pay the fees for processing the temporary residence permit and the self-employment permit.

Among other requirements, the following stand out:

• Not being a citizen of a state of the European Union, the European Economic Area, or Switzerland, or a family member of citizens of these countries to whom the status of EU citizen applies.
• Not being in Spanish territory illegally.
• Not having a criminal record in Spain or in their previous countries of residence for offenses under Spanish law.
• Not having been banned from entering Spain and not being listed as unsuitable in the territorial area of ​​countries with which Spain has signed an agreement to this effect.
• Not being, where applicable, within the period of the commitment not to return to Spain that the foreigner assumed upon voluntarily returning to their country of origin.
• Paying the fees for processing the residence permit and the employment permit.
• The national employment situation allows hiring. This is permitted if:
  • The job the worker will perform in the company is included in the catalog of hard-to-fill jobs published quarterly by the State Public Employment Service.
  • In jobs not classified as hard-to-fill, when the employer can prove to the Immigration Office that it is difficult to fill the vacant positions with workers already in the domestic labor market. For these purposes, the Immigration Office will take into consideration the report submitted by the Public Employment Services, as well as the urgency of the hiring, as certified by the company. To do so, a job offer must be submitted to the Empléate portal and the Public Employment Services.
  • The authorization is intended for nationals of states with which Spain has signed international agreements (Chile and Peru).
  • They can prove the existence of a situation described in Article 40 of Organic Law 4/2000
  • Present a contract signed by the employer and employee guaranteeing the employee continued employment during the validity period of the residence and work permit. The date must be subject to the effective date of the residence and work permit.
  • The conditions established in the employment contract must comply with current regulations. If the contract is part-time, the salary must be equal to or greater than the minimum interprofessional wage for a full-time job and calculated annually.
  • The requesting employer must be registered with the Social Security system and up to date with their tax and Social Security obligations.
  • The employer must have sufficient financial, material, and personnel resources for their business project and to meet the obligations assumed in the contract with the employee.
• If the employer is an individual, they must provide proof of 100% of the IPREM (Spanish Income Tax) after deducting the agreed salary if there are no dependents.
• If the family unit includes two members, the amount will be 200%. If the family unit includes more than two people, 50% of the IPREM (Spanish Income Tax) must be added to the above amount for each additional member.
• They must possess the training and, where applicable, the legally required professional qualifications for practicing their profession, duly recognized where applicable.

It is important to keep in mind that the processing of the initial residence and employment authorization may vary depending on the autonomous community in which it is requested, and that it is necessary to comply with the established requirements and deadlines.