Compared to the Entrepreneur Law, the General Immigration Law has habitually been considered less attractive for foreign workers, especially for the bureaucracy, the administrative delays or simply for their long processing times of the files (between 3-6 months or even more depending on the case).
After the new regulation has come into force the following points have been modified, it will simplify the process (all of them are related to the renewals):
Employment work permit (“cuenta ajena” in Spanish):
It would be sufficient for renewing your permit to accredit one of the followings situations:
- When you maintain the initial work employment relationship.
- When you worked at least 3 months per year and:
- You are working again at the time of submitting the renewal application.
- You have a new work contract with another company when submitting the file.
- The first work employment relationship was ended by the company, and you are actively looking for job by being registered at the public system (SEPE).
- You are registered as a job seeker in the public system and you receiving an unemployment benefit or other assistance help from the Spanish authorities (known in Spanish as “paro” or “prestación asistencial”).
- Other circumstances such the possibility to renew through your husband/wife if he or she is working.
Additionally, the renewal will be granted for a total period of 4 years (instead of 2 years) and will allow the individual to work either as self-employment or employment relationship. This is a very relevant modification since it won’t be necessary to renew the permit for a second time because when completing the fourth year and adding the initial year, the foreigner will be allowed to apply for the long-term residency (5 years).
Self-employment work permit (“cuenta propia” in Spanish):
As well as it happens with the renewal of the employment work permit, the Self-employment renewal will be granted for a total period of 4 years and allow to work as self-employment or employment relationship.
Up from now the initial work permit won’t require the individual to demonstrate sufficient means to sustain his first year of residence (approx. 8,000€) but only those related to the investment itself.
To end up the resume of the new updated related to Self & Employment Work Permits it’s important to take in consideration the high processing time related to the permits (usually more than 3 months). Despite sometimes can be seen more attractive (contrary to the high qualified the Employment Work Permit is not linked to the company) prior to the submission we recommend doing a deep analysis of the situation and interest of both parties; company-foreigner and considering their relatives.
If you have any questions or need any assistance, feel free to AGM Abogados.
Marc Fernández de la Peña, Lawyer
Immigration and International Mobility Area