The cases in which the hiring of foreign citizens is allowed



If you are a foreigner and have plans to come and work and reside in Spain, there is good news for you

In general terms, the process to obtain a Residence and Work Permit for Employment by Others Initial requires overcoming the national employment barrier, meaning that the company must demonstrate that there are no candidates in Spain who can fill the advertised position.

This can be a rather cumbersome bureaucratic process, as the procedure is much longer, and the company needs to carry out several procedures to try to demonstrate the difficulty of finding candidates.

However, there are certain situations in which it is not necessary to go through this prior process, and in which it is possible to apply for the Residence Permit directly without having to overcome the national employment barrier. Here's when you can skip this barrier:

Occupations with difficult coverage: If your profession is in the catalog of occupations that the Public Employment Service considers to be difficult to cover, you're in luck! These occupations are updated quarterly and are usually specific niches where external labor is needed.

International agreements: If you are a national of Chile or Peru, there are special agreements that facilitate hiring.

Special cases under Organic Law 4/2000: This law contemplates various cases, such as:

When you are the spouse or child of residents with renewed authorizations in Spain, or the child of a naturalized Spanish citizen.

For specific labor needs for installations or renovations, which will be accredited with a company certificate.

Refugees or stateless persons.

Having dependents who are Spanish nationals.

Being a child or grandchild of a Spanish citizen by origin.

Having previously worked in Spain on a temporary basis.

Positions of trust in companies.

Professionals of high economic, social, or cultural interest.

Workers of international companies who need to transfer within the same group of companies based in Spain.

In summary, if you find yourself in any of these situations, your dream of working in Spain may be closer than you think. The doors of the Spanish labor market are open to professionals from all over the world, especially in sectors where external talent and experience are needed. So, get encouraged and look for those opportunities! The beauty, culture, and warmth of Spain await you.


#hazloBien #doitRight 

Joana, Abogada de EX24. 


Evgenia Manova

Evgenia Manova


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