If as a self-employed person and SME you are thinking about hiring personnel, you should know that in case of being a foreign employee there are certain qualifications. In Spain, contracting situations are different, depending on the origin of the employee. Documentation such as residence permit and work permit are essential to be able to hire non-resident foreigners.
According to the experts of Innovanza Asesores, one of the main requirements is the residence and work permit, in the case of foreign workers over 16 years of age. This residence permit has a maximum duration of one year, although it is renewable, but may have limits according to the geographic scope and / or the sector of activity.
In order to obtain this permit, the worker can not be irregularly in the country, only then Social Security may allow their hiring. Neither may he have a criminal record in Spain or in the countries in which he has resided.
Another requirement is that the worker has the guarantee of an activity during the validity of the authorization, as well as having an approved qualification or accreditation of the training required to practice their profession, if necessary.
What if they do not have a work permit?
In the case that they do not have a work permit, there are three possible situations. For Innovanza Asesores, those foreigners who are in Spain in a situation of study stay have the option of accessing the residence and work permit without having to apply for a visa.
In that case, the company that will hire you will submit an application for authorization to reside and work, but the worker will have to meet certain conditions, such as not having had scholarships in their country of origin or having stayed at least three years in Spain.
In the case of immigrants who have been in the country for more than 12 years in a legal permit situation, they can also resort to the work and residence situation on behalf of the company when the employer requests authorization to live and work and complying with the necessary work requirements.
Finally, when a foreigner stays in Spain for at least one year in a residence situation due to exceptional circumstances, they have access to the work and residence situation without having to have a visa.
Steps to follow
As an entrepreneur, you must submit several documents, such as the worker's contract, the copy of your passport or the accreditation or degree duly approved to practice the profession, if applicable.
Source: Cinco días
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