The government of Spain gives importance to the social integrity of the immigrant and gives them a chance to live as well as to work. The Spanish Government also supports immigrants by helping them to apply for their visas. Common examples of visas include visitor visas, business visas, student visas and working visas. To enter Spain, the applicant must have complete documents required by the government such as a valid passport, evidence of financial funds and 2” x 2” recent pictures. They must also be of legal and proper age to complete the signed application form.
As of 2007, there is approximately four and a half million foreign residents in Spain. This influx of foreigners into the country has caused social tensions in the country to increase, hence the latest moves by the Spanish government to curb the proliferation of illegal immigrants to the country.
Spanish Immigration Laws
The immigration law newly approved by the Spanish Minister states that illegal migrants cannot enter Spain for it will affect the Ecuadorian community. This law does not persecute migrants. Rather, it is intended to legalize their integration and their entrance into the Spanish territory.
The Organic Law of Spain focuses on the liberties and rights of the immigrants and provides social integration to foreigners. It also has rights to deport illegal immigrants who enter Spain.
Spain Labor Quota System
The Spain labor quota system was issued in the year 2002 to focus on small and long-term shortages in the Spanish labor market. The quota system was created to attract skilled workers, businessmen or businesswomen to establish their businesses in the territory of Spain. This system helps many immigrants to gain legal status. The new regulations has also set the tone for the curbing of illegal immigration into the country and thus prevent them from getting jobs set for legal immigrants.
Immigration Policy
The Spanish government modified their immigration policy in 2007 to enlarge the family criterion and expand time allotment. It allows undocumented immigrants who are under arrest to remain in the country. It also makes provisions to assist immigrant’s returning to their country. This Spanish government policy also provides an incentive to immigrants returning to their country by paying their redundancy subsidy. Those immigrants who participate in this program will be paid 40% of their financial assistance in Spain, and the remaining 60% will be given when the undocumented applicant returns to his or her own country.
The change in visa requirements was shared in a post at the Spain Expat Forum last November 3, 2009:
What you are proposing to do is illegal. You are trying to work for your brother as a property/rental agent without any sort of permit, work visa etc, and if caught, you’ll be subject to deportation and ban from Schengen (not justSpain) for several years up to ten.
The proper way is to apply for a work visa in US at the Spanish consulate, but it will be very difficult – I’d say impossible – to get a visa to work as a property agent. There are tons of people with qualification and experience in that field in Spain who can’t get a job, so you (or rather your brother who has to sponsor you for the visa) cannot demonstrate lack of suitable applicants. All other questions are irrelevant, as you cannot do legally what you propose to do.
You can come over as a visitor but have to leave after 90 days and stay away from Schengen for 90 days before returning. You are too young for a retirement visa (still difficult for non-EU citizens). To get an artist’s visa, you need to have international reputation in your field which you need to demonstrate (publications, exhibitions, awards etc).
The only possibility is some kind of study visa, like learning Spanish, which allows you limited working rights. But you have to pay quite high tuition fees for 6 months to a year in advance, and you need to show sufficient funds in your bank account now to maintain yourself.
I cannot think of any other way of doing what you want legally. If it’s any consolation, it will be just as difficult for a Spaniard to do in the US what you are planning.
Types of Spanish Visas
Spanish Tourist Visa
This tourist visa is issued based on documents presented by the applicant and the purpose of their trip to Spain. The maximum limit of this visa is ninety days. Under the rules of this visa agreement, foreign nationals who want to travel to Spain must make a private visit to friends and family. Any applicant for this Spanish tourist visa must have a variety of supporting documents and should demonstrate the reasons for visiting Spain and the ability of candidates to fund their stay. The Spanish immigration government officials discuss with the applicant the requirements needed for this visa. The basic process, simplified is discussed here.
Spanish Business Visa
The business visa issued is a Schengen visa similar to a United Kingdom business visa. This type of visa is intended for a foreigner who intends to visit Spain for business activities. This type of visa is perfect for those who want to attend meetings or conferences or even conduct negotiations in Spain. The holder of this business visa cannot start any type of employment while inside the Spanish territory, but they can participate in business meetings and other related matters while in Spain. The requirements for this visa are:
• a letter from the applicant’s employer; and
• a written request from the Spanish company involved in any business activity presented by the applicant.
Business visitors cannot receive any recompense from any sources in Spain and must have a realistic, pre-determined and specific plan for their stay in Spain.
Spanish Student Visa
Non-European applicants who want to take an academic course in Spain must obtain a study permit or student visa. Applicants who are under the Spanish student visa are allowed to have part-time work in Spain. Candidates for this visa will be assisted by the Spanish immigration lawyer in the execution and preparation of the needed requirements. The necessary documentation as well as the original papers need be submitted for grant of the visa. The immigration lawyer in Spain also assists applicants who are submitting the rules and regulations for the Foreign Identity Student Card.
Immigration Permits
Spain Work Permit
An authorization of the Spanish immigration suggests that non-European nationals who want to work in this country must obtain either a worker or a self-employed capacity permit to gain employment in Spain. The work permit has to be accompanied by:
- a residence or visitor permit; and
- documents that can show the permit’s validity in geographical and occupational areas.
The process of the application takes time and is subject to many considerations. Granting work and permit renewal depends on several other factors like restrictions of the labor market or the potential for making jobs as well as mutual agreements with other countries. Work permits have to be acquired from the regional office of the Ministry of Labor or to the Foreigners’ Office in case the applicants are already in Spain. If the candidates are not in Spain, work permits should be obtained from the Consular Office of the candidate’s home country.
European Nationals Permit
European nationals can work in Spain without a work permit. They can freely enter Spain as a tourist and register in the Spanish national employment office to seek work. European citizens have ninety days to look for employment or get an extension. European applicants who want to apply for a residence permit in Spain should show their employment contract to gain a residency permit.
Non-Lucrative Residence Permit
The non-lucrative residence permit of Spain is granted to people who want to establish their own residence in this country. However, they are not allowed to make any commercial activities in the republic of Spain. To become a Spanish resident, the candidates must gain all the rights obtainable to European residents. This type of permit is not available to everybody. To have this permit, foreign nationals must have a minimum of 75 thousand US dollars as annual income and an extra 15 thousand US dollars per year for additional candidates.
Children under 18 years are included in the application. This income should have no related professional activity performed in Spain. Spanish migration authorities require candidates to submit evidence proving that they have a house in Spain. On the other hand, a residence permit visa merely grants the individual a three-month stay in the country.
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