Spain will soon update the Regulations of the Immigration Law which, after several years since its approval, is beginning to be outdated, especially in aspects related to the labor market. For now, the Government has released the draft, which contains advantageous measures to obtain a work permit and establishes new categories of residence.
The changes in the law revolve around three axes:
- Facilitate work permits for non-EU foreigners, both employed and self-employed.
- Make it easier for foreign students in Spain to access a job in the country when they finish their studies.
- Establish new forms of residence so that foreigners in an irregular situation in Spain have access to specific training and, subsequently, to jobs not covered by national workers.
What does this update of the Immigration Law consist of?
The Government's objective is to adapt immigration procedures and residence permits to the current context in Spain, which has changed substantially since 2011, the date on which the aforementioned law on the rights and freedoms of foreigners was approved. In short, it aims to facilitate the access of foreign workers to the labor needs of the Spanish labor market.
The draft (and the measures it includes) is not yet in force. This document is in the initial phase of legislative development and, therefore, is pending changes, modifications and improvements before proceeding to its approval and implementation.
More work facilities for community and non-community citizens
Bearing in mind, as we have pointed out, that the draft measures are still subject to change, we can draw the scenario that the new reform of the law foresees.
Ease of hiring foreign workers
Until now, obtaining a work permit from the country of origin is a complicated task if the professional activity of the interested party is not among the options of a limited list of occupations contemplated by the immigration law.
The draft of the law provides for expanding the list of jobs that are difficult to cover. The Ministry of Economy and Digital Transformation will have to determine which sectors are considered strategic in order to be able to add new occupations to the list.
Another novelty is that in the event that companies need to hire staff urgently and can prove it, it will be taken into account as a circumstance to facilitate obtaining a work visa for someone else. In other words, the foreign citizen could apply for positions that are not on the list if a certain company has difficulty filling that specific position on an urgent basis.
Self-employment will be encouraged
If a foreign citizen wants to start their own business or develop a professional activity independently (as an "autónomo"), they will be able to benefit from the new reform of the law because it establishes more accessible requirements.
Until now, getting a work permit to start a self-employed business in Spain (which does not belong to a strategic or innovative sector) is a long and sometimes exasperating process. With the new reform, some obstacles to working as a self-employed person in Spain will be eliminated. For example, it will no longer be necessary to prove the investment to set up the business or demonstrate that the company will be able to generate employment in Spain. However, experience and minimum qualification will continue to be mandatory requirements.
The range of permits that will allow the development of self-employment activities will also be expanded.
Advantages of the student visa to access a job
Foreigners who are in Spain with a student visa will have new advantages to obtain their work permit. The draft of the law proposes to reduce the current 3 years necessary to change from a student visa to a work permit, provided that there are professional or scientific merits that prove it. The number of hours that a foreigner with a student visa will be able to work per week will increase from 20 to 30.
Permanent residency
It is considered to create the concept of permanent residency via training or studies.
It would be a one-year residence permit for exceptional circumstances that would be granted to all those foreigners in an irregular situation who commit to starting official studies that allow them to obtain a degree upon completion. Said training must be in sectors with high labour demand in Spain whose labor supply of national workers is insufficient.
As long as those interested continue these studies, they may extend this residency for another 12 months.
Work as an employee or self-employed after renewing the work permit
The update of the law provides that the foreign person can work either for a company or on their own (self-employed) when they renew their work permit and without the need to make any immigration application. Currently you have to prove compatibility and ask for it.
Residence permit for jobs without a contract
Those who have worked irregularly for at least 6 months in the last year may benefit from a new residence and work permit.
This new figure requires legal proof of a minimum of 183 days worked without a work contract, but it will not be necessary to prove a minimum period of residence in Spain.
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