Ola! Please help me answer the following:

1. I want to know if the PERMISO DE RESIDENCIA card I just received from the Ministro de Extrangero is the same as or as good as 90-day Working Visa that I used to enter Spain?

2. Do I need to renew my 90-day working visa which will expire this end of August 2008 while I already have the Permiso de Residencia card?

Many thanks.

instigator

1) No

2) Yes

Santi - 03 August 2008 11:22 PM

1) No

2) Yes

G’day Santi,

Thanks for the info. What is the use of Permiso de Residencia card, anyway? do you know how long to process working visa here in spain?  Is it possible to apply for a 1 year working visa?

Kind regards,

instigator

bok - 04 August 2008 01:02 AM

What is the use of Permiso de Residencia card, anyway?

Quick reference for authorities and admin.

do you know how long to process working visa here in Spain?

There isn`t such a thing as a working Visa, Spain only accepts four types, a Residency Visa,Diplomatic Visa,Transit Visa and temporary stay Visa.

To be able to work you need a Visa, which is the Residency Visa, which is granted for 12 months, then you need to apply for a work permit, both are necessary before entering Spain.

Your 90 day Visa isn`t or shouldn`t allow you to work legally in Spain, but this is Spain, so you may have got away with it.

VISAS INFORMATION

LEGAL STATUS OF NON-EU CITIZENS IN SPAIN

http://extranjeros.mtas.es/es/general/Folletos_informativos.html

R?gimen de ciudadanos Comunitarios en Espa?a

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This extracted from above:

Where do you apply for a visa?
You may apply for a visa at the Spanish Diplomatic Mission or Consular Office
in your country of origin or the nearest to your legal residence, at your
convenience.
What type of visa do I have to apply for?
According to the reasons of the journey, you may apply for:
-A Transit visa (up to 5 days)
-A Short Stay visa (up to 90 days)
-A Residence visa (more than 90 days and working not being allowed)
-A Labour and residence visa (to reside and work).

There isn`t such a thing as a working Visa, Spain only accepts four types, a Residency Visa,Diplomatic Visa,Transit Visa and temporary stay Visa.

To be able to work you need a Visa, which is the Residency Visa, which is granted for 12 months, then you need to apply for a work permit, both are necessary before entering Spain.

Your 90 day Visa isn`t or shouldn`t allow you to work legally in Spain, but this is Spain, so you may have got away with it.

Of the four types of visa, the closest one is Residency Visa as I am allowed to work here in Spain. However, I am still wondering why they gave me 90 days only and NOT 12 months where in fact, the consular officer herself knows that I will be working here as I presented all the documents needed to obtain a working or residency visa.

For info Santi, the remarks written in my visa is TRABAJO Y RESIDENCIA valid for 90days ONLY.

Cheers,

instigator

ROBI - 04 August 2008 06:53 PM

What type of visa do I have to apply for?
According to the reasons of the journey, you may apply for:
-A Transit visa (up to 5 days)
-A Short Stay visa (up to 90 days)
-A Residence visa (more than 90 days and working not being allowed)
-A Labour and residence visa (to reside and work).

Hi Robi,

Maybe a Labour and Residence Visa is what I got. But as I have told, my visa is only valid for 90 days and will expire this end of August 2008. Now, after a month of working here Spain, I went to Ministro de Extanjero and I applied for a tarjeta as what they called it. Last week, I received a card (looks like a credit card) tht is called PERMISO DE RESIDENCIA which is valid for 12motnhs (will expire on May 28, 2009). Now my question is, do i have to renew the visa - i used to enter Spain - pasted in my passport although I already got this permiso de residencia card valid till next year?

For additional info, I got a work here in Spain on a roster basis. Every 3 months work I do have 2 weeks fieldbreak and go back to origin.

Many thanks,

instigator

When it comes to govt admin and rules, regulations etc etc, Spain is a very hit and miss country.

As I`m sure your finding out.

This is due to two authorities, one at regional level, the other at national level, both working i within the same category.

The other cause is the recruitment, training and retention of staff.

There are only four Visa`s for entry into Spain, Residency Visa can then be categorised for specific purposes such as Visa to be retired, self employed, in fact all possible requirements that fall within the term resident.

For work purposes a Residency Visa must be accompanied with a work permit.The Direcciones de Provinciales de Trabajo,Seguridad Social y Asuntos Sociales will decide if a permit is granted, without this permit you cannot work with a Residence Visa.

How did you apply for your Visa and who did you apply too ?

Santi - 04 August 2008 10:46 PM

When it comes to govt admin and rules, regulations etc etc, Spain is a very hit and miss country.

How did you apply for your Visa and who did you apply too ?

How? After all my pertinent docs (diploma, certs and etc etc) were certified by our own embassy, I sent all those to Spain to get a resolution. This resolution is something like a letter that allows the company to hire workers outside Spain. After I get the resolution then I submitted to the embassy personally. Then the officer asked me to submit a medical and physical exam and police clearance and that’s it.

I processed my visa alone in my country but of course with the assistance of the company’s attorney who is doing his part here in Spain.

Back to my question, do I still need to renew my visa stamped on my passsport? To my understanding, in the absence of this visa, I can use this PERMIDO DE RESIDENCIA card to enter Spain, is this correct? I am confused now…..

Cheers mate,

instigator

bok - 04 August 2008 11:43 PM

Santi - 04 August 2008 10:46 PM

When it comes to govt admin and rules, regulations etc etc, Spain is a very hit and miss country.

How did you apply for your Visa and who did you apply too ?

How? After all my pertinent docs (diploma, certs and etc etc) were certified by our own embassy, I sent all those to Spain to get a resolution. This resolution is something like a letter that allows the company to hire workers outside Spain. After I get the resolution then I submitted to the embassy personally. Then the officer asked me to submit a medical and physical exam and police clearance and that’s it.

I processed my visa alone in my country but of course with the assistance of the company’s attorney who is doing his part here in Spain.

Check if your company filled an EX-1 & an EX-5 signed by your Company.I assume they did if there using an attorney.

They should have sent in there original CIF doc`s and TC-1 & TC-2, Certified proof of tax and social payments.

For you to apply for a work permit, you needed to supply.

Copy of your Passport.
Cert of Criminal record.
Official Medical Cert.
3 Passport Photo`s.
An NIE Numero.
Offer of Employment.
Full Description of Job.
Employers Solvency.Usually given when company applies for you to the govt.

Sounds like you did your part.

Might be worth checking what type of Work Permit you have, there are 7 types.

Type A,For seasonal or limited time work.

Type B Initial.Valid for most general employment and valid 1 Yr.

Type B Renewed.Same as type B but after the inital 1 yr expired.valid for max 2 yrs.

Type C.Same as type B renewed, given after the B Renewed has expired.

Type D-E for self employed.

Type F.Used for residents of a bordered country ie Portugal to enter Spain for work and leave to reside, everyday.Valid for 5 yrs.

Then there is the Permanent Permit and the Extraordinary Permit, bith valid for 5yrs.

Also check if your Residency Permit is Temporary, Permanent.The Temporary can last up to 5 yrs, but is usually 90 days to a year, the permanent is valid for 5 yrs, then renewed for 5 yrs and so on.

Back to my question, do I still need to renew my visa stamped on my passport? To my understanding, in the absence of this visa, I can use this PERMIDO DE RESIDENCIA card to enter Spain, is this correct? I am confused now…..

Cheers mate,

instigator

You need a valid Visa.

The authorities can live without it for a period if your residencia is valid, you should when re applying for your residencyl have a valid Visa, some don`t and it can be over looked.

If you leave Spain for whatever reason and try to enter Spain with only a residencia, you`ll be refused entry.

The Visa basically allows you to enter Spain, the residencia is used to monitor you in Spain.

It is always a good idea to keep both up to date, if something happens and you need to leave for a small time, could leave you a problem.

Type D-E for self employed.

Type F.Used for residents of a bordered country ie Portugal to enter Spain for work and leave to reside, everyday.Valid for 5 yrs.

Then there is the Permanent Permit and the Extraordinary Permit, bith valid for 5yrs.

The type of visa I have is TYPE D (visa in my passport). However, on the Permiso de Residencia card, the typo de residencia is RESIDENCIA Y TRABAJO. At the back of the card, it says, TEMPORAL CUENTA AJENA; INVESTIGACION; ASTURIAS. I do not know what does that mean, really. But looked, it is TYPE D for self-employed but I’m not self employed.

You need a valid Visa.

The authorities can live without it for a period if your residencia is valid, you should when re applying for your residencyl have a valid Visa, some don`t and it can be over looked.

If you leave Spain for whatever reason and try to enter Spain with only a residencia, you`ll be refused entry.

The Visa basically allows you to enter Spain, the residencia is used to monitor you in Spain.

It is always a good idea to keep both up to date, if something happens and you need to leave for a small time, could leave you a problem.

So I do really need to renew my visa.

Cheers,

instigator

bok - 05 August 2008 03:00 PM

The type of visa I have is TYPE D (visa in my passport). However, on the Permiso de Residencia card, the typo de residencia is RESIDENCIA Y TRABAJO. At the back of the card, it says, TEMPORAL CUENTA AJENA; INVESTIGACION; ASTURIAS. I do not know what does that mean, really. But looked, it is TYPE D for self-employed but I’m not self employed.

Type D I refered to is your Work Permit, its not placed in your Passport.

A Type D Visa is a Residency Visa that has a Work Permit granted.A Type C Visa is a Residency Visa for visiting only.

I didn`t want to get into the ABCD`s in Visa and Work Permits as it complicates things.

If your Visa Is a D, your cleared for work in Spain and you have been (Should) granted a work permit.

So I do really need to renew my visa.

Cheers,

instigator

Check with your company attorney, you may be required to leave Spain and re apply.

Which is why your Visa should have been granted for the period you were goin to work in Spain.

If you work 90 days, visa for 90 days, if a 1 yr then a 1yr visa and so on.

As far as I no, you have to apply for the Visa in your original country, you cannot have a 90 day visa and permit and then decide to work a year.

It should have been applied for a granted before you arrived.One facture in granting the Visa is the length of time, if you applied for a 1yr you could have been denied, whereas a 90 day would have been accepted.

Like I said, you need a Visa for the time you work in Spain, usually your Work Permit was granted for that period as well, so although you have been legal, you may well no not be.

You really need to check with a lawyer, maybe your companies, just be careful, he could lie, its your responsibility and there`s.

Thanks for the advise, Santi.

cheers,

instigator

Let me know how you get on.

The info on the net always seems to state a non Eu citizen needs a work and resident permit and a Visa for entry.

Clarification on the length on the Visa in relation to the work permit and residency isn`t clear on most of the web.

Its only found buried in the Royal Decree 2393/2004 which is in lawyer language and actual translation is difficult into English.

Maybe worth having it put on here as a sticky.

Santi - 05 August 2008 07:23 PM

Let me know how you get on.

The info on the net always seems to state a non Eu citizen needs a work and resident permit and a Visa for entry.

Clarification on the length on the Visa in relation to the work permit and residency isn`t clear on most of the web.

Its only found buried in the Royal Decree 2393/2004 which is in lawyer language and actual translation is difficult into English.

Maybe worth having it put on here as a sticky.

No worries mate, I will keep you posted. thanks for the info anyway.

Have a good day.

Cheers,

instigator

G’day Santi,

I’m back in Spain without any problem at all. I only present to the immigration authorities the PERMISO DE RESIDENCIA Card I got and I did not renew my Visa pasted in passport.

So, as long as you have the PERMISO DE RESIDENCIA which is valid within the period time, it is 100% sure that you can come in and out of Spain.

Cheers,

bok