Technically a EU resident doesn't require a work
permit to work in Spain, but he does require a
residence card, which is usually issued for five
years.
A non-EU foreigner who carries out an activity
for monetary gain (fines lucrativos) in Spain
requires a work permit and a
residence card (issued simultaneously for
the same duration). A work permit (permiso de
trabajo) for a non-EU national is initially valid
for one year, after which a five-year permit may
be issued no longer restricting the holder by
area, activity, employer or industry. The spouse
and children under 21 years of age of a non-EU
work permit holder are also granted certain rights
to work in Spain. Note that fees for work permits
were raised sharply in 1997 and are now between
150€ and 300€ (which is mostly paid by employers).
EU Nationals: If you're a EU national
you can enter Spain as a tourist and register
with the Spanish national employment office Instituto
Nacional de Empleo/INEM as a job-seeker (demandante
de empleo). When you're offered a job, you should
obtain an employment contract (contrato de trabajo),
which is necessary when applying for your residence
card.
Non-EU Nationals: Non-EU nationals must
obtain a visa for the purpose of employment before
arriving in Spain, the granting of which is subject
to the approval of the work permit. When applying
for a visa, a copy of the application
form, passport and medical certificate certified
by the consulate are returned to the applicant
as proof of his application. These must be sent
by the applicant to the prospective employer in
Spain with other relevant documentation, who then
applies for a work permit to the provincial office
of the Ministry of Labor (Delagación Provincial
del Ministerio de Trabajo). A position
must have been advertised to EU citizens through
the INEM before it can be given to a non-EU citizen
and a work permit will be issued only when it's
demonstrated that there isn't an unemployed EU
citizen available to do the job. The employment
of non-EU nationals must be approved by the Ministry
of Labor and Social Security (Ministerio de Trabajo
y Seguridad Social), who can propose the employment
of a EU national in place of a non-EU national.
Applications must also be approved by the provincial
office of the Ministry of Labor, where the prospective
employer is registered.
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