Get your residence permit in Spain without having to overcome the national employment situation

Many foreigners who wish to come live and work in Spain give up the idea for various reasons, such as not having family members with European citizenship that can allow them to obtain a residence card as a family member, not having sufficient capital to invest in Spain or do not have the necessary studies or professional experience to be hired as highly qualified person.

In the expat community, the erroneous idea has become widespread that if these requirements are not met, the only way to obtain a residence permit is by overcoming the strict catalog of occupations published by the Public Employment Service, which are “almost impossible” to cover.

On the contrary, there are several exceptions that enable a foreigner to obtain a residence permit as an employee in Spain without meeting one of the occupations in the catalog. In these cases, the main requirement is to have a valid job offer in Spain. Let's review these exceptions:

1.- Be a national of Chile or Peru, with which Spain has signed International Agreements.

2.- If you have a family member with a residence permit in Spain that has been renewed, as long as you fall under the “reagrupación” family member, the spouse or the child. More information about this point specifically can be found in this link.

3.- If one of your parents have recently acquired Spanish citizenship or citizenship of another European Union country and has been residing in Spain for at least one year.

4.- Workers required for the assembly, due to the renovation of a production or equipment  facility, of industrial or electrical plants, construction of infrastructures, construction of electrical, telephone, gas or railway supply networks and/or the installation and maintenance of productive equipment, as well as for its start-up or repair.

5.- Any foreigner who would have been considered a refugee during the year following the ceased application of the Geneva Convention.

6.- If any of your ascendants or descendants who are under your care have Spanish nationality.

7.- If one of your parents or grandparents were originally from Spain.

8.- If you have held a work permit for temporary/seasonal work for two calendar years prior and you have returned to your country of origin.

9.- If you have accepted one of the voluntary return programs, once the three years time frame of non-return has elapsed.

10.- If the job offer is for a position of trust and/or for a company manager, and the functions to be carried out are those of that position.

11.- When the job is to carry out certain research work or related to teaching, or in the case of artistic performances of special cultural interest. Also for certain activities with a special economic, social or labor interest.

12.- If you are going to work for the same company or group of companies for which you currently work in your country, provided that it is proven to be necessary to have direct and real knowledge of the company in order to successfully thrive in that role.

As we can see, there are many exceptions within different categories which allow one to obtain a residence and work permit in Spain, we simply have to find the one that best suits their particular situation.

Nieto Jones: your immigration lawyer.

At Nieto Jones we are experts with extensive experience in immigration law. Contacts us by phone +34 610 63 29 63 or by email contact@nietojones.com and we will be happy to review your case, offer you the best advice and help you fulfill your dream of living in Spain.