Non-EU national, accepted for residency, seeking work permit advice

Hi, like you I am non-EU with a residency permit for Spain but no work permit. My husband, who is also non-EU (we're both Americans) has a work permit as his job was the reason we moved here. The lawyer who helped us get both our permits told me that once I had the residency permit, getting a work permit would only take about 30 days but only if I had a job offer. For the first six months we were here we had no residency or work permits at all despite the fact that my husband works for a Fortune 500 company the employed two different firms to try to guide us through the permit process. Finally, they ditched the expensive firms and hired this local law office who got our stuff out of customs and got us permits within a matter of weeks. I'm telling you this as a round about way of saying that this lawyer's information and advice has been exactly right every time.

As an aside, I have heard informally from expat friends in the same situation, locals and the language schools here that it is pretty easy to get hired without a work permit to teach english. Even though it is technically illegal, if you get a offered a job when you don't have a permit, you can start the job without the permit and start the process for the permit - you don't have to tell them you're working already. As I said, my husband worked here for 6 months without a work permit and it didn't affect his ability to get one. I wouldn't sweat working without a permit to much - lots of people do and no one seems to get caught even if they don't bother applying for the permit.

Good luck.

HSG, Thanks for relating your experiences - its encouraging that at least I won't have to wait for a work permit to begin applying for jobs.

If anyone else has similar experiences, please share.

Thanks,

Jeremy

US citizen , there sould be a visa exchange , ask you embessy .

> Hi all,

I have been reading many of the helpful (although sometimes dismaying) posts on this site about the difficulties for non-EU nationals to get work permits here. However, most of these posts regard the challenge of getting a work visa and coming here for the expressed purpose of working.

But, what if you are already here in Spain for other reasons and now would like to get a work permit?

More specifically, here is my situation:

1. I am a US citizen (therefore non EU)
2. I just moved to Spain from Hungary where I was participating in a MA program in Budapest for 10 months (not sure if this is relevant but since this means I was a resident of a EU country for 10 months perhaps it is?)
3. I moved here to reunite with my wife who is a student pursuing her MBA at a school here in Barcelona.
4. Last week I was approved for a residence permit (although apparently I have to wait 1 month before picking it up).

So I am now living in Barcelona and am a legal resident (at least provisionally until I get my residence permit card one month from now). But I also want to work (teaching English most likely). What is the best way to go about getting a work permit? Should I apply for jobs first hoping to be one of the lucky ones to find an employer who will help me with the paperwork? Or is there a way for immigrants who are legal residents to apply for work without a job offer? It seems to me it would make my job search much easier if I first had a work permit first but am not sure what my chances are of getting one w/o a job offer.

If I can apply for a work permit w/o a job offer can I also apply without my official residence permit? (I only have the papers showing I have been approved for residency, but the permit itself won't be ready for pick-up until the 1st week of August) Or should I wait to apply for a work permit until I have my actual residence permit card in hand?

I know this is similar to some of the earlier posts about the "Catch-22" of Spanish work permits, but I would like to know if my situation is different because my residency has been approved for other reasons than work (reuniting with my wife who is a student).

Also, does the fact that I was a resident of an EU nation (Hungary) make any kind of difference?

Any advice would be greatly appreciated.

Sincerely,

Jeremy


You might want a spare a thought for the EU Citizens that want to work in the US or even live there...

I like to add it?s near impossible to get into US with the amount of Paper work you have to fill out!

So I think "Personally" you have an easy life getting in To EU...

I just hope one day... The EU gives the US Citizens the same Treatment as what the EU Citizens get when Trying for a Visa for the US...

Harshness Over! and Rant Over

Dear MAC31,

I imagine it is difficult being an immigrant anywhere - of course harder for some people and harder in some countries than others. So, I readily believe that it would be difficult for EU citizens trying to settle, work, or study in the US (however I would think much easier than for immigrants from Latin America, Africa, and Asia). As the husband of an immigrant to the US who came to my country without knowing a word of English or having any money to her name, I have heard about the many difficulties of the immigration process.

But, your "rant" here seems misplaced. If you just needed to vent your anger at some American for some perceived injustices, fine, I heard you, and I hope you feel better. However, you seem to respond to my post as if I was some stereotypical whiny American who feels entitled to red-carpet treatment wherever he goes (and yes I know as with many stereotypes, there are some who fit the mold). That is absolutely not the case. I posted a very polite request for advice that was not meant to be a complaint in any way. While I am new to Spain, I have been in Europe for a year now and have enjoyed my time here immensely, so I certainly feel no need to complain about the policies of the EU in general and Spain in particular.

Again, I invite any further advice to my original post. But, if you just want to vent perhaps a more polite tone would get your point across better. Wishing that "one day" I or other Americans experience more difficult "treatment" seems quite spiteful, when I thought the point of such forums was to share helpful advice.

Our disagreement aside MAC31, I wish you the best. Maybe I just caught you on a bad day.

Sincerely,

Jeremy

Jeremy did you ask you embssey yet about what you could do there , think there better off as that some deal in there for EU/American and yes we do get bad Treatment heading State side , my boss over stayed his 90 days due to death in his Usa Family some time ago and is ban for 10 year there now , he owns lot think in the usa , not like he was living off the usa Gov there , last time i travel to see mates in NYC with about 2,000 dollor in tow , for some shopping i was pulled side and give what i thought to OTT Treatment yes it good polile there to keep free loaders out , but had no wish two go bad due to this . and would gone 8 time last year to trade show , so some one lost out with my cash in my pocket ,

there my Rant

jermey please look up the usa Embessy website you sould see some think there

jeremy, you said you have a residence permit, i am wondering if you are refering to student permit.

Dear Aritz,

I myself am not a student here, my wife is. I have merely been approved for a residence permit - I will have to go back and pick it up in 3 weeks. I am not entirely sure what type it was, with my basic Spanish I just explained to the lady that my wife is a student here (and showed her proof) and that I am reuniting with her. The form I was given, which I will need to pick up my residence permit, is checked off next to "residencia temporal inicial / circunstancias excepcionales / trabajo transfronterizo inicial / estudios" but this seems to be a list of multiple permits so I assume I will be receiving the first - the initial temporary residential permit.

-Jeremy

dear jeremy,
actually i am quite confused on how you got your residence permit. you said you gave the form to the processor. if i remember correctly, the procedure roughly starts with submitting the form with the documents they require of you. then you get a letter informing you that it is granted and the type of residence permit, it may also tell you the date you are supposed to have you finger printed, and then about a month to 3 months the card. it seems you got your residence permit so easly. it seems to good to be true. but anyway, i hope you get it.

how did you enter spain? on a tourist visa?

you may be able to get a job teaching english in language schools but the pay is not registered as salary, they may just hand it over to you. they may even collect withholding tax (perfectly legal) which you may get back if make a tax declaration the following year (still perfectly legal).

you can have that changed into a residence and work permit if you have a job offer for a job that is included in the "catalogo de trabajo de dificil cobertura". if you have completed 2/3 years residence, the job does not have to be in the catalogue.

Dear Aritz,

I guess I should clarify. I do not actually have my residence permit, they told me to come back and pick it up the 1st week of August. In my previous posts I had said that I had been "approved" for my residence permit but had to wait to pick it up until the 1st week of August (1 mo. after I applied). So I won't actually have my residence permit card for another 2 1/2 weeks. Sorry for the confusion.

Thanks for the advice. The helpful advice I have received on this forum and elsewhere makes me feel better about being able to work legally here.

Sincerely,

Jeremy

Jeremy83,

I`m an Australian moving to Spain with my Swedish girlfriend in September, so I think I`m about to face the same issues. I`ve been in Sweden 2 years, and if we stayed one more year I would have a Swedish passport, and then I would be fine. Buuut she got the job she wanted in Spain now, so here we go...

To the advice part. I looked at all our options and staying and working illegally is generally ok unless, like me, your sweating on getting an EU passport in the future- if I stay in any EU country illegally I lose my chance of getting a Swedish passport so that`s not gonna workl for me. And of course, getting work in Spain as an illegal is possible but problematic.

Our solution is for my gf to get residency immediately, then we get married, and I`ll apply for a "spouse of residant" straight after. Not sure if your gf was Spanish in your post, but if so, could this solution apply to you?

Better yet, can anyone see why this solution wouldn`t work for us? ;)

PS- With regards to the "romantic" notions of marriage, we`re not fussed. Been together 5 years and can`t really see a better reason to get married that facilitating us being together in Spain!

Cheers
T

Hi Jeremy,

Your residence permit will not help you get a work permit except for the fact that you can spend the time you are here legally looking for a job that will get you a work permit. You would then need to return home for the visa and your employer would essentially hold the job for you till you get back to Spain.

Now you mentioned teaching English. If you are looking for an employer to sponsor you, then I would recommend rethinking your career choice. English teachers (both legal and illegal) are a dime a dozen in Spain. Sponsoring someone for a work permit requires a great amount of effort on the employer?s part and is VERY rare in the English teaching industry.

If you would like an employer to sponsor you then I recommend examining what your unique talents and strengths are and try to find Spanish employers who both need that and can?t find that elsewhere. Also, you could take a look at the list of difficult-to-cover jobs: http://www.inem.es/inem/ciudadano/catalogo/pdf/CatalogoOcupacionesDificilCobertura.pdf. It?s in Spanish though. Otherwise, you could teach English illegally or go back to school yourself.

Good luck!

Jurdyr, unfortunately, embassies don?t help people get work permits in foreign countries.

Tahn, go for it! I hope everything works out for you guys.

> Jeremy83,

I`m an Australian moving to Spain with my Swedish girlfriend in September, so I think I`m about to face the same issues. I`ve been in Sweden 2 years, and if we stayed one more year I would have a Swedish passport, and then I would be fine. Buuut she got the job she wanted in Spain now, so here we go...

To the advice part. I looked at all our options and staying and working illegally is generally ok unless, like me, your sweating on getting an EU passport in the future- if I stay in any EU country illegally I lose my chance of getting a Swedish passport so that`s not gonna workl for me. And of course, getting work in Spain as an illegal is possible but problematic.

Our solution is for my gf to get residency immediately, then we get married, and I`ll apply for a "spouse of residant" straight after. Not sure if your gf was Spanish in your post, but if so, could this solution apply to you?

Better yet, can anyone see why this solution wouldn`t work for us? ;)

PS- With regards to the "romantic" notions of marriage, we`re not fussed. Been together 5 years and can`t really see a better reason to get married that facilitating us being together in Spain!

Cheers
T


Hi Matey... mmmm before leaving Sweden I be asking many questions to the Spanish Consul on what your doing....
Example it may sound simple entering (Indeed it is easy you get 90 days Tourist visa) however... When it comes to work an employer will ask for your NIE Number and your National insurance number if you cannot provide these then you do not get the job... in Galicia especially there extremly hot on this subject... Though as I type this Typical Spanish Government could of changed the rules!

Anyway Best of luck you know were I am if you need help ohhhh by the way you and the misses will be up bright and early lets say 4:30 am outside the Police/Passport office to register as a resident... :-S

Mac

That should work for you (marriage, that is) since your girlfriend is Swedish and Sweden is EU you should automatically be eligible for residency as a spouse without having to go through everything that non-EUs have to go through (although you will still have to go through the residency registration process).

OK, thanks guys.

I figured it would be tough to get work without the NIE, especially as a non spanish speaker!

This may sound a bit naive but I was thinking that as Coruna is quite a provincial town, I would have a good chance of finding work teaching English to locals, one on one. I`m thinking a few flyers in local cafes, trying to spread the word etc. Is it idealistic of me to think that there will be a good few Gallicians that want to learn English, and are happy to take one on one classes as opposed to the English school? I`m a journalist and have tought English before etc so no problems there, and I?m thinking that if this goes ok then I have an employment base and it will be worthwhile going through the whole marriage deal and staying on, maybe finding alternative work as my own language improves.

I?ve spoken to the Spanish consulate in Sweden quite a bit, and they were quite helpful. They say that marriage is the best option, although they said we have to get married in Sweden, which sounds strange. No drama though, we`d just fly back for a quickie (wedding, I mean...).

The trickiest part of the marriage deal is that you need to have a marriage certificate, translated into Spanish, that is less than 3 months old when it is presented in the application. BUT when you line up and get an appointment for coming back to apply, the appointment is apparantly 2-3 months in the future, so it will have "expired" by then. However, I`m hoping that we can make the appointment without needing to show the certificate, then get married and get the certificate translated in the 2-3 month interim.

So that`s how I intend to tackle the red tape. Waddya think? Do I have the right key to "unlock" the residency door? ;)

Gracias!

hi tahn,

why don't you just wait a year to get your swedish passport. or just officially stay in sweden, but actually stay in spain. since sweden is a schengen member, exits and entrance are not registered.
with the number of immigrants in spain, from south america, africa and the new europeans, lining up for documents is not really a happy experience.

aritz

Has a very vailuble point... However Tahn partner has a job in Spain....

hi mac31,
like i said, he can stay officially in sweden, but actually stay in spain.

Hi Aritz,

Staying in Sweden for another year would be more convenient, but the missus got the job offer she was after now and couldn`t pass it up. I considered staying in Sweden and doing the romantic long distance thing, but my employment contract just finished here so it works for me to go with her. Plus, doing the romantic long distance thing sucks!

I guess if there`s no record on my passport that I`ve overstayed in Spain, Sweden can`t ping me for staying in illegally in an EU country and reject my passport. If this is the case, and I can indeed get some cash-in-hand teaching work, it just might work. As long as I keep my head down of course. Buuuut I`d be limited to cash-in-hand teaching work.

Another complication is that we need to fly to Australia at the end of the year (to collect her Australian Spouse visa... it never ends!). I think to do this though I would have to fly back to Sweden first and depart from there so I don`t get a big red Spanish stamp in my passport!

Is the lining up for applications and appointments all that bad? I`ve gone through quite a bit of visa drama in Australia and Sweden before, surely it`s worth grabbing a marriage certificate, then lining up for a few hours on a couple of days if it means you can live and work legally...? I can put up with a lot of waiting if I have a juiced-up ipod in my pocket and a good book in my hands!

Incidentally, thanks for all the advice and so forth everyone!

T

tahn,
just keep your swedish residence card or permit or however you call it valid. as long as this is valid it does not really matter where you fly out from. and keep your stay in sweden official eventhough you are actually in spain.
why does your girlfriend need a spouse visa?

Yeah, the residence card is valid.

She has a de-facto spouse visa in Australia as my partner and I have one in Sweden as her partner. We`ll need to travel back to Sydney because the visa graduates from temporary to permanent after two years, but you have to be in the country to pick it up. I just grabbed mine in Sweden last week...

I`m actually wondering if becoming a Spanish "resident" during this period will affect these visas. Should be fine though as becoming resident in another EU country won`t change her status as far as her Australian visa goes, and with my Swedsih visa I`m allowed to spend 9 months in another country and the time still contributes to the 3 years I need "in Sweden" to get my Swedish passport.

I can`t believe you guys are even reading this. All the visa mumbo jumbo isn`t so interesting I know... :)

`Preciate it but!

T

i got my NIE number and was told today i need a work permit as well? i am married to a spanish, so i am a bit confused; i am canadian, a non-EU obv.