1. Temporary residence (TYPES OF RESIDENCE)


    Non-profit
    This is an authorization requested by foreigners from their country of origin which authorizes them to reside in Spain without carrying out work activity.
    REQUIREMENTS

    Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a relative of citizens of these countries to whom the status of Union citizen applies
    Not be in Spanish territory illegally.
    Not having a criminal record in Spain and in their previous countries of residence for crimes existing in the Spanish system.
    Not be prohibited from entering Spain and not be considered inadmissible in the territory of countries with which Spain has signed an agreement in this regard.
    Have the necessary economic means to cover the costs of their stay and return and, if applicable, those of their relatives, in accordance with the following amounts:
    For their monthly support, 400 % of the IPREM, .
    For the support of each of their relatives, 100% of the IPREM .
    To have a public or private health insurance policy with an insurance company authorized to operate in Spain.
    Not suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.
    Not being, if applicable, within the period of commitment of non-return to Spain that the foreigner has assumed when taking part in a voluntary return programme.

    With the exception of work authorization
    It is the recognition of the exception of the work authorization in the performance of a certain profitable, labor or professional activity for a period longer than ninety days.

  2. EXEMPTED ACTIVITIES AND THEIR ACCREDITATION

    Technicians and scientists, invited or contracted by the State, the Autonomous Communities, universities, local authorities or bodies whose purpose is to promote and develop research, promoted or participated in by the above.
    Aimed at: foreigners who, due to their knowledge, specialization, experience or scientific practices, are invited or hired by one of the above-mentioned Administrations to carry out a technical, scientific or general interest activity or program.

    It is accredited: by presenting an invitation or work contract signed by the legal representative of the corresponding body, where the description of the project and the professional profile is stated.

    Professors, technicians, researchers and scientists invited or hired by a Spanish university.
    Aimed at: foreign teachers who are invited or hired by a Spanish university to carry out teaching, research or academic tasks.

    Proof of this is provided by: presenting the invitation or employment contract for carrying out the aforementioned activities, signed by the person who is legally responsible for representing the university.

    Management, teaching or research staff from cultural or teaching institutions dependent on other States or foreign private institutions of accredited prestige, officially recognized by Spain, in cultural and teaching programs in their countries. The studies, programs, degrees or diplomas issued must be valid and recognized by the countries to which they depend.
    Proof of the validity in the country of origin of the degrees or diplomas issued in Spain, the work contract or designation for the exercise of management or teaching activities and, in the case of private entities, also the documentation that justifies their official recognition in Spain.

    Civil or military officials of foreign administrations in activities under cooperation agreements with the Spanish Administration.
    This is accredited: with the presentation of the certificate issued by the competent foreign State Administration and the justification of such aspects.

    Foreign media correspondents who carry out their informative activity in Spain, duly accredited by the Spanish authorities, either as correspondents or as special envoys.
    Accreditation: with the presentation of the accreditation issued by the Spanish authorities.

    Members of international scientific missions in work and research authorised by the competent state or autonomous community administration.
    Accreditation: with the presentation of the authorization from the competent state or autonomous community administration to take part in the international scientific mission.

    Artists in specific performances that do not exceed five continuous days or twenty days of performance in a period of less than six months.
    It is accredited: with the presentation of the work contract for the development of the artistic activities, the relation of the authorizations or licenses for the development of the same ones indicating the situation in which the proceedings are and including, in their case, the application certifications before the corresponding organisms.

    Religious ministers and members of the hierarchy of churches, confessions and religious communities, and professed members of religious orders. These requirements must be met:
    That the Church or community is registered in the Registry of Religious Entities of the Ministry of Justice.
    That it is a minister of worship, a member of the hierarchy or a professed religious.
    That the activities are strictly religious, contemplative or respond to statutory purposes of the Order; labor activities that are not carried out in this area are expressly excluded.
    That the entity commits itself to assume the expenses of board and lodging, as well as those required by the Social Security regulations.
    It is accredited: paragraph one, by means of a certificate from the Ministry of Justice, the rest of the paragraphs, by means of a certificate from the religious entity, with the conformity of the Ministry of Justice, and the presentation of a copy of the Statutes of the Order.

    Foreigners who are members of the representative, governing and administrative bodies of internationally recognized trade unions and business organizations, if their activity is limited to the exercise of those functions.
    Proof of this is provided by a certificate issued by the trade union or business organisation.

    Foreign minors of working age under the guardianship of an entity for the protection of minors, for activities that, at the proposal of the entity, favour their social integration.
    It is accredited: through the presentation of documentation that accredits that the minor is under the guardianship of the protection entity, and the proposal of the entity of the activity that favours the integration of the minor.

     

    Work
    Authorizations to live and work in Spain.

    Work for others.
    Self-employed work.

    Long-term residence

    It authorizes you to reside in Spain indefinitely and to work under the same conditions as Spaniards.

     

    Family regrouping

    This is a temporary residence permit that may be granted to the family members of foreign nationals resident in Spain, by virtue of the right to family regrouping.

     

    REQUIREMENTS
    Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a relative of citizens of these countries to whom the status of Union citizen applies
    Not be in Spanish territory illegally.
    Not having a criminal record in Spain and in their previous countries of residence for crimes existing in the Spanish system.
    Not be prohibited from entering Spain and not be considered inadmissible in the territory of countries with which Spain has signed an agreement in this regard.
    Have health care because they are covered by the Social Security or have private health insurance.
    Not suffer from any of the diseases that may have serious public health repercussions in accordance with the provisions of the International Health Regulations of 2005.
    Not being, if applicable, within the period of commitment of non-return to Spain that the foreigner has assumed when taking part in a voluntary return programme.
    Having paid the fee for processing the procedure.
    To have sufficient economic means to meet the family's needs. The income contributed by the spouse or partner or another relative in direct line and first degree, resident in Spain who lives with the regrouper, may be counted. Income from the social assistance system will not be computed. The minimum amounts are as follows:
    For family units that include two members (regrouper and regrouped), a monthly amount of 150% of the IPREM is required, For each additional member, 50% of the IPREM must be added, To have adequate housing.
    The regrouper must have resided in Spain for at least one year and have obtained authorisation to reside for at least another year. In order to reunite the ascendants, the regrouper must have a long term or EU authorization.

    The reunited family member may be:

    Spouse or person with whom the applicant maintains an affective relationship analogous to marriage. Under no circumstances may more than one spouse or partner be reunited. Situations of marriage and analogous relationship of affectivity are incompatible. In the event of being married for a second or subsequent time, proof must be provided of the dissolution and the situation of the previous spouse or partner and their relatives with regard to the common dwelling, the pension for the spouse or partner and the children.
    This is considered to be a relationship analogous to that of a spouse:

    When it is registered in a public registry and the registration has not been cancelled, or
    When, by any means of evidence admitted by law, the validity of an unregistered relationship, established prior to the commencement of the applicant's residence in Spain, is proven.
    Children of the applicant and the spouse or partner, including those adopted (provided that the adoption is effective in Spain), under the age of eighteen or disabled persons who are objectively unable to provide for their own needs due to their state of health. If the child is the child of one of the spouses or partners, he or she must exercise parental authority alone or must have been granted custody and be effectively cared for
    Legally represented by the applicant, under the age of eighteen or who have a disability and are objectively unable to provide for their own needs due to their state of health.
    First-degree relatives in the ascending line of the long-term or long-term EU resident applicant, or of his/her spouse or partner, when they are dependent on him/her, are over sixty-five years old and there are reasons that justify the need to authorise residence in Spain. They are considered to be dependent when it is accredited that during the last year the applicant has transferred funds or borne expenses from his/her ascending line of at least 51% of the gross domestic product per capita, in annual calculation, of the country of residence of the latter.

    RENEWAL:

    This is the renewal of the temporary residence permit for family reunification that the reunited family members will be able to obtain.

     

    REQUIREMENTS

    - Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a relative of citizens of these countries to whom the status of Union citizen applies

    - Not having a criminal record in Spain.

    - Be the holder of a temporary residence permit for family regrouping in force or be within ninety days of its expiry.

    - Have health care coverage by the Social Security or have a private health insurance.

    - That the regrouper is the holder of a valid residence authorisation or is within ninety days of its expiry, and that the family or kinship relationship or the existence of the common-law relationship on which the granting of the authorisation to be renewed was based is maintained.

    - If applicable, to have the dependent minors of compulsory school age enrolled in school for the duration of their stay in Spain. To have paid the fee for processing the procedure.

    - To have sufficient economic means to meet the needs of the family:

    - To have adequate housing.

     

    Establishment (social, work and family)

    Within the authorizations of residence for exceptional circumstances, there are the cases of rooting.

    These cases affect foreign citizens who are in Spain in an irregular situation, that is, without a stay or residence permit.

    These may be:

    Work permit:

    If they have remained in Spain for at least two years and can prove an employment relationship lasting no less than six months.

     

    Social roots:

    If you have remained in Spain for at least three years, have an employment contract and can prove family ties with other resident aliens or present a social integration report

    Family roots:

    If the child has a father or mother who is originally Spanish or is the father or mother of a minor who is a Spanish national.

    There are other exceptional situations such as asylum and humanitarian reasons or international protection

     

    Foreign minors
    Residence permit for minors born in Spain

    This is a residence permit acquired by the children born in Spain of foreign nationals who are legally resident in Spain.

    Children born in Spain of a father or mother recognised as a refugee or beneficiary of subsidiary protection may choose between applying for a family extension of the right to international protection or a residence permit, depending on the best interests of the child.

    REQUIREMENTS

    - You must not be a Community citizen or a family member of a citizen of a State of the European Union, the European Economic Area or Switzerland to which the status of Union citizen applies.

    - The child must have been born in Spain.

    - That the parent (either of them) is a legal resident.

     

    Residence permit for minors not born in Spain

    This is a residence permit that may be granted to foreign nationals who are minors and not born in Spain, children of foreign nationals who are legally resident in Spain, as well as minors who are legally subject to the guardianship of a Spanish citizen or institution or of a foreign national who is legally resident in Spain.

    Authorisation of unaccompanied foreign minors
    It is a temporary residence permit that may be granted to unaccompanied foreign minors who are legally protected, in custody, in a situation of provisional protection or in the care of a public administration or any other entity.

    REQUIREMENTS

    - Not be a citizen of a State of the European Union, the European Economic Area or Switzerland, or a relative of citizens of these countries to whom the status of Union citizen applies

    - Proof of the child's continuous stay in Spain for a minimum period of two years.

    - That their parents or guardians provide proof of employment or sufficient economic resources to meet the needs of the family.

    - That their parents or guardians provide proof of adequate housing.

    - In the event that the minor is of compulsory school age, proof that he or she has been enrolled in an educational institution during his or her stay in Spain.

     

    Temporary displacement of foreign minors

    Preliminary report for stay of minors for medical treatment, enjoyment of holidays

    This is the prior report of the Sub-delegate or Government Delegate for the travel of foreign minors to Spain for periods not exceeding ninety days, in programs promoted and financed by public administrations, non-profit associations or foundations or other entities unrelated to those who exercise their parental authority or guardianship; it must be, in any case, temporary stays for the purpose of medical treatment or the enjoyment of holidays.

    The report refers to the fulfilment by the programme of the requirements and authorisations required in Spain, which are proportionate to the purpose of the stay and its duration, both in terms of health and legal protection of the child, in relation to the stated purpose and duration, in order to guarantee the absence of risk of unprotection of the child.

     

    Previous report for the stay of minors. Schooling

    This is the prior report of the Sub-delegate or Government Delegate for the transfer of foreign minors to Spain in programs promoted and financed by public administrations, non-profit associations or foundations or other entities or persons unrelated to those who exercise their parental authority or guardianship, for temporary stays for the purpose of schooling.

    The report refers to the compliance, by the programme, of the requirements and authorisations required in Spain, provided for the end of the stay and its duration, both in terms of health and legal protection of the minor in relation to the stated purpose and duration, in order to guarantee the absence of risk of unprotection of the minor.

    Entrepreneurs Act Highly qualified

    Residence for highly qualified professionals or managers, or graduates or post-graduates of universities and business schools.

    A job offer must be available in Spain.

    Companies interested in incorporating a highly qualified professional, provided that they do not belong to the European Union, Switzerland or the European Economic Area, may benefit from this type of residence for their workers, when they are in one of the following cases

    Large company or group of companies.
    Strategic sector SMEs.
    Companies developing a business project of general interest.
    In the case of being interested in hiring a graduate or post-graduate from universities and business schools, companies may benefit from this scheme regardless of the size of the company or the sector or activity they carry out.

     

    Foreign investors

    Those who have made a significant investment in Spain can benefit from the residence regime for investors.

    Different cases must be differentiated:

    Investment in financial assets:

    Public debt (2 million euros).
    Shares or holdings in Spanish capital companies (1 million euros).
    Investment funds, closed-end investment funds or venture capital funds incorporated in Spain ('1 million).
    Bank deposits in Spanish financial institutions ('1 million).
    Investment in property ('500,000).

    Investment in a business project in Spain: there is no minimum amount for this type of investment, but its impact on the general interest is assessed:

    Creation of jobs.
    Socioeconomic impact on the geographical area where it is to be developed.
    Relevant contribution to scientific and/or technological innovation.

    Entrepreneurs

    For those cases in which an entrepreneurial and business activity is developed, of an innovative nature, with special economic interest for Spain, the foreigner who requests it can also benefit from the residence regime for entrepreneurs.

    There are two ways:

    VISA, in case of being outside Spain and needing to come to perform the necessary procedures to start the entrepreneurial activity.
    AUTHORIZATION, if you are already in Spain and can start the project. There are no minimums for investment or job creation. An individual analysis of each project is always carried out. To do this, a business plan of the project must be provided, which will enable its economic interest for Spain to be assessed.

    Researchers

    Information for foreign researchers:

    If the foreigner is interested in developing a research activity in a university, in business entities or R&D&I centers or in a research organization established in Spain, he/she may benefit from the residence regime for training and R&D&I, if he/she has a job offer for research.

    Information for universities, business entities, R&D&I centers and research organizations established in Spain:

    Those institutions that are interested in incorporating a researcher from outside the EU may benefit from the residence regime for training and R&D&I.

     

    Intra-company transfer

    There are two alternatives:

    Spanish regulations offer two alternatives for intra-company transfers of foreigners (non-EU, EEA and Swiss citizens):

    The ICT-EU intra-company transfer authorisation for managers, specialists and trainees.
    The national authorization for intra-company transfer for other cases, such as the transfer of workers for the execution of a contract (CSS), the transfer of workers for a professional relationship (IPs).
    The application for one approval or another depends on the personnel to be transferred to the centre of the company or group of companies located in Spain.

    What are the differences between these two authorizations?

    The authorization that is granted for intra-company transfer ICTUE incorporates the right to EU intramobility. This allows companies based in Spain to transfer their managers, specialists and workers in training to their centres in other States of the Union in accordance with the simplified procedures of each State.

    Companies established in another EU state may transfer, after notifying the CGU, the holders of an EU-ICT authorisation issued in another EU state.