Residence visa with working permit exemption

RESIDENCE VISA WITH WORKING PERMIT EXEMPTION - TRE (MORE THAN 90 DAYS)

Organic Law 4/2000, of 11 January, on Rights and Freedoms of Foreigners in Spain and their Social Integration (Article 41)

Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of 20 April (Articles from 117 to 119)

Required documents

1. National visa application form. Each applicant must complete and sign a visa application, filling in each of its sections. If the applicant is a minor, one of their parents must sign the application.

2. Photograph. A recent, passport-size, colour photograph, taken against a light background, facing forward, without dark or reflective glasses, or any garments concealing the oval of the face.

3. Valid, unexpired passport. Original and a photocopy of the page or pages of the passport that contain biometric data. The passport must have a minimum validity period of 4 months (in the case of a temporary contract, the validity period must cover the duration of the contract) and contain two blank pages. Passports issued more than 10 years ago will not be accepted.

4. 790-052 Form : Fill in the “Autorización inicial de residencia temporal” (Initial authorization for temporary Residence) fee self-assessment form 790-052. To be paid on the day your application is submitted.

5. EX-09 Form : Fill in the EX-09 form “Autorización de estancia o residencia temporal con excepción de la autorización de trabajo” (Authorization for temporary stay or residence with the exception of the work authorization).

6. Proof of being in one of the cases of exemption from the work authorization:

A. Technicians and scientist, invited or hired by the Spanish authorities or public institutions whose purpose is to promote and develop a research promoted or majority owned by the above. This situation applies to professionals who, due to their knowledge, specialisation, experience or scientific practices are invited or hired by any of the Administrations mentioned for the development of an activity or a technical, scientific or general interest program.Documents: Invitation or work contract endorsed by the legal representative of the Spanish authority or public institution, along with the project description and professional background.

B. Teachers, technicians, researchers and scientists invited or hired by a Spanish university. It will only be considered the foreign academics hired or invited by a Spanish university to carry out teaching, research or academic tasks. Documents: Invitation or work contract for the exercise of the above-mentioned activities, endorsed by the legal representative of the university.

C. Managerial, teaching or research staff, from cultural or educational institutions, private or state-owned, with renowned reputation, officially recognised by Spain, that will carry out cultural or educational programs from the respective countries. The studies, programs, degrees or diplomas issued must be valid and recognised by the countries on which they depend. Documents: proof of the validity in the country of origin of the degrees or diplomas issued in Spain, of the employment contract or designation for the exercise of management or teaching activities and, in the case of private entities, of documents justifying their official recognition by Spain.

D. Civil or military officials from Foreign States Administrations that come to Spain to perform activities under co-operational agreements with the Spanish Administration. Documents: certificate issued by the competent Foreign State Administration and justification of such aspects.

E. Correspondents from foreign media who develop their journalistic activity in Spain, duly accredited by the Spanish authorities, as correspondents or special correspondents. Documents: accreditation issued by the Spanish authorities.

F. Members of International Scientific Missions duly authorised by the relevant Spanish administration that will engage in studies or research activities programmed by an International organisation or agency. Documents: authorisation issued by the competent Spanish administration to take part in the International Scientific Mission.

G. Religious ministers and members of the Church hierarchy, faiths and religious communities, and professed religious of religious orders. The following requirements must be met:

a) The Church or community is registered at the Registry of Religious Orders of the Ministry of Justice.
b) The applicant has the status of Minister of Religion, member of the Church hierarchy or professed religious.
c) The activities to be carried out in Spain are strictly religious, contemplative or respond to statutory purposes of the Order; work activities not included in this area are expressly excluded.
d) The entity must be in charge of living and accommodation costs, as well as those required under the Social Security regulations. Documents:

- In paragraph a) through certificate issued by the Spanish Ministry of Justice: Verification certificate from the General Subdirectorate of Religious Freedom (Subdirección General de Libertad Religiosa) certifying that you meet the requirements of article 117.h of the current Immigration Regulations (Reglamento de Extranjería)
- Rest of paragraphs, through certificate issued by the religious entity, with the consent of the Ministry of Justice and submitting a copy of the statutes of the order.

H. Members from representative, governmental and administrative bodies of internationally recognized trade unions and business organisations, if the activity is limited to the exercise of these functions. Documents: certificate issued by the trade union or business organisation.

I. Foreign minors in working age, under the guardianship of a child protection agency, for activities that, at the proposal of the entity, promote their social integration. Documents: documentary evidence that the minor is under the guardianship of the child protection agency, and proposal of the entity that will favor the social integration of the minor.

7. Criminal record check certificate. Applicants of legal age must submit both the original and a copy of the criminal record check certificate(s) issued by their country or countries of residence for the past 5 years. Foreign documents must be legalized or apostilled and, where applicable, must be submitted together with an official translation into Spanish. For the United States, only certificates issued by the FBI will be accepted. Certificates issued by local police or state police will not be accepted. The certificate cannot be older than 6 months. FBI Identity History Summary Checks

8. Medical certificate. Original and a copy of a medical certificate accrediting that the applicant does not suffer from any disease that could cause serious repercussions for public health pursuant to the 2005 International Health Regulations. Foreign documents must be submitted with an official translation into Spanish. This certificate must be issued by a registered medical practitioner no later than 3 months prior to the date of application.

9. Proof of residence in the consular district. Copy of ID/Driver's License (interim ones are not valid). For non-US applicants only: proof of immigration status in the US: must provide a copy of Alien Registration Card (Green Card) or US Visa (except B-1/B-2).

10. Proof of the representative's identity and capacity. If the applicant is a minor, it will be necessary to present originals and submit copies of the identity document or passport of their parents, as well as of the document constituting proof of kinship. Foreign documents must be legalized or apostilled and submitted together with an official translation into Spanish.

11. Payment of the visa fee. Visa fee payment is compulsory and has to be made at the same time when submitting a visa application (Money order from a USPS post office). Check the updated Consular Fees

When necessary to assess the application, the Consular Office may request additional documents or data and may also ask the applicant to come in for a personal interview.

Required documents for family members.

For each family member it will be necessary to submit, in addition to points 1 to 11 (except point 6), original documentation proving family ties, with translation into Spanish:

- For the applicant's spouse. Original and copy of the following documents: marriage certificate and criminal record certificate, both legalized with the “Hague Apostille” and oficial translation into Spanish. Medical certificate and official translation into Spanish.
- For the applicant's children: Original and copy of the following documents: birth certificate legalized with the “Hague Apostille”with an official translation into Spanish . Medical certificate with an official translation into Spanish.

Procedure

This Consular Office is competent to accept visa applications from individuals residing in the consular district: New York, Connecticut, New Jersey, Pennsylvania and Delaware.

Who can apply for a visa: Visa applications must be submitted in person by the applicant, or by one of their parents if the applicant is a minor.

Visa application period: The visa application must be submitted within a period of 1 month, counted as of the day after the date on which the employer is notified of the favourable decision regarding the initial residence and employment permit, in case of residence and employment work visa.
Place of submission: Applications must be submitted in person at the Consular Office. An appointment is necessary by sending an email to: cog.nuevayork.visnac@maec.es. In the email requesting an appointment you should provide the following information for each applicant:

- Full name
- E-mail address and phone number
- Passport number and nationality
- Type of visa requested
- Scanned copy of the ID/Driver License (Not interim ID/Driver’s license)
- Scanned copy of the identity page of your Passport (if you are not an American citizen, you must also attach a copy of your US residence visa or Green Card)

Proof of receipt: The Consular Office will provide the applicant with proof of receipt of the application with a code that enables them to check the status of the dossier through the following link: https://sutramiteconsular.maec.es/Home.aspx

Rectifying the application: The Consular Office may ask the applicant to submit any missing documents, or to provide additional documents or data that are necessary for a decision regarding the application. The applicant may also be called in for a personal interview.

Decision period: For residence and employment work visa the legal period for reaching a decision is of 1 month from the day after the application submission date, but this period may be extended if an interview or additional documents are requested.

Collecting the visa resolution: The visa resolution must be collected in person by the applicant or by their legal representative (if the applicant is a minor) within a maximum period of 1 month, counted as of the day after the date on which the favourable decision is notified. The Consular Office will inform the applicant regarding the procedure for the return of the passport and any other original documentation.

Visa refusal: Visa refusals will always be notified in writing, setting forth the grounds on which the decision adopted was based.

Appeals: If a visa is refused, the applicant may submit an appeal for reconsideration to this Consular Office within 1 month of the day following the date on which notification of the refusal is received. An application for judicial review may also be filed with the High Court of Justice of Madrid within the 2-month period beginning the day after the date on which the applicant receives notification of the visa refusal or of the dismissal of the reconsideration appeal.

Validity period of the visa: If the contract is for one year, the visa will be valid for 90 days. Once in Spain, the worker must register with the Social Security system before beginning their work activity and apply for a Foreigner Identity Card at the Foreign Nationals' Office or the corresponding police station, within 1 month from their registration with the Social Security system. If the work contract is for seasonal work, the visa will be valid for the entire period for which the applicant is authorized to reside and work in Spain, and it will not be necessary to apply for a Foreigner Identity Card (TIE) upon arriving in Spain.

LEGALISATIONS

The legalisations and Hague Apostilles must legalise the signatures of the signatories of the certificates: registered medical practitioners, police officers, etc. and not the signature of notaries or solicitors who did not issue those certificates.

The Hague Apostille does not need to be translated into Spanish if one of the languages of issuance is Spanish.