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Spanish Legal Advice






The Spanish Legal Forum is hosted by Alberto Mondine and Emilio Pino of Alberto Mondine Abogados, Marbella, Spain. If you would like a question answered by our legal experts please email tuSPAIN.COM, all questions will be published anonymously. We regret that tuSPAIN is unable to reply to letters personally. Please note that this forum is not a substitute for individual professional advice, we suggest you contact Alberto Mondine Abogados for personal counsel. tuSPAIN cannot accept any responsibility for any loss or damage suffered by readers.

Alberto Mondine Abogados,
C/ Virgen del Pilar, 13.
Edificio Los Pilares 1ēD.
29600 Marbella
Tel: +34 (9)5-2773466 95-2777616
Fax: +34 (9)5-2825740










Spanish Residency & Work Permits

European Economic Community Citizens

We discuss here the formalities that would apply to E.E.C. citizens (and direct family members of the same) as well as to citizens of Iceland, Norway, Liechtenstein (this latter, as of 1.998) and to the most direct family members of Spaniards (spouse, children, parents, etc.), even though they are not citizens of any of these countries.


These people could freely enter, exit, circulate and remain in Spain, but with some obvious previous formalities and limitations such as, for example:

  1. The need to have a valid identity card or passport in order to be in Spain for periods of less than three months.

  2. For periods between three months and one year, a temporary residency card is needed, valid for the time of such stay.

  3. For periods over one year, a card, which is valid for five years and automatically renewable, is needed. Basically, this is obtained by accrediting that the person has sufficient means of support to live for that period of time (sufficient income, work contract, balance in bank account, etc.), as well as a health insurance.

  4. Not obtaining the referenced card or neglecting its renewal in cases where a person has a right to it, does not mean that the person would be expelled from Spanish territory (expulsion is considered for most exceptional cases, which normally have to do with public safety); however this could result in fines, which could end up being quite high.


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Citizens from non European Community countries


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Work permits (non E.E.C. citizens)

Foreigners in general need a work permit in order to be able to work in Spain, although there are some professions that due to their particular characteristics have a special treatment (some government officials, media corespondents, scientific missions, top posts, artists on tour, etc.).


In this regard, we are again faced with different situations and types of permits.

WHERE THE FOREIGNER IS AN EMPLOYEE

WHERE THE FOREIGNER IS SELF EMPLOYMENT

  • Type D work permit (initial): Granted to carry on a specific activity for a maximum of one year. It could be limited to a specific geographic area.
  • Type D work permit (renewed): With this permit one could work in various activities during a period of up to two years. Although it is not frequent, one could find some limitations with regards to the number of activities allowed and to the geographic area, depending in the particular case.
  • Type E work permit: Authorizes the person to carry on any type of activity without geographic limitation. It is valid for up to three years and it could be obtained once a Type D work permit (renewed) expires.
  • Permanent work permit: Allows any type of work activity, working for others or self-employment. Could be obtained by the holders of type C or E work permits, once these expire.

    This general situation could be vary slightly in favor of, among others, the citizens of countries or areas with which Spain has special links (Latin America, the Philippines, Guinea Equatorial, Andorra, Gibraltar) as well as relatives or other relations of Spaniards.


NEW FOREIGNER'S CARD

This is a new Card, regulated by new legislation, dated February 1997. Basically, this document is an identity card, with information and photograph, that all foreigners must have, to accredit his or her legal permanence in Spain for a period longer than three months. Having such card, however, is not obligatory at this time but it will be progressively established, in accordance with the corresponding technical means and offices that will be established in the future.

April 1997


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The Spanish Legal Forum is hosted by Alberto Mondine and Emilio Pino of Alberto Mondine Abogados, Marbella, Spain. If you would like a question answered by our legal experts, please email tuSPAIN.COM, all questions will be published anonymously. We regret that tuSPAIN is unable to reply to letters personally. Please note that this forum is not a substitute for individual professional advice, we suggest you contact Alberto Mondine Abogados for personal counsel. tuSPAIN cannot accept any responsibility for any loss or damage suffered by readers.

Alberto Mondine Abogados,
C/ Virgen del Pilar, 13.
Edificio Los Pilares 1ēD.
29600 Marbella
Tel: +34 (9)5-2773466 95-2777616
Fax: +34 (9)5-2825740



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