Citizens of Peru and Chile who wish to work in Spain enjoy certain advantages due to bilateral agreements between their countries and Spain. These agreements facilitate the obtaining of residence and work permits, eliminating the need to consider the National Employment Situation, which typically limits the hiring of foreigners based on internal labor demand.
Requirements for Residence and Work Authorization for Employees:
For an employer in Spain to hire a Peruvian or Chilean citizen who does not yet reside in the country, the following requirements must be met:
- Job offer: The employer must present a job offer that complies with the legal and salary conditions set forth in Spanish labor laws.
- Professional qualification: The candidate must have the necessary education and experience for the position offered.
- No criminal record: The applicant must not have a criminal record in Spain or in their previous countries of residence.
- Compliance with tax and Social Security obligations: Both the employer and the employee must be up-to-date with their tax obligations and Social Security contributions.
Required Documentation:
The application for residence and work authorization must include the following documentation:
- Application form: Complete and sign the corresponding official form.
- Employer’s identification: A copy of the employer’s NIF or NIE, and, if applicable, the company’s deed of incorporation.
- Employment contract: A copy of the signed contract between both parties, detailing the labor conditions.
- Criminal background certificates: Issued by the relevant authorities from the country of origin and any other countries where the applicant has resided in the last five years.
- Qualifications and professional certificates: Documents proving the education and experience of the worker for the position offered.
Application Process:
The procedure to obtain the residence and work authorization is as follows:
- Submission of the application: The employer submits the application at the Foreigners’ Office in the province where the work will be carried out.
- Application evaluation: The Foreigners’ Office verifies the fulfillment of the requirements and the submitted documentation.
- Resolution: Within a maximum of three months, the administration must notify the decision. If favorable, the worker can apply for a visa at the Spanish consulate in their country of origin.
- Entry into Spain and registration with Social Security: Once the visa is obtained, the worker has three months to enter Spain and must then register with Social Security before starting their work activity.
It is important to highlight that although Peruvian and Chilean citizens enjoy additional facilitation, they must still comply with all the requirements and procedures established in Spanish regulations to work legally in the country.
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