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Non EU work permits
Unfortunately for those citizens of non-EU nations, the situation has remained the same as before. Such third-nation citizens as Americans and Canadians still need the visado de residencia, the special visa they must obtain from the Spanish consulate in their home country even before they come to Spain.
There are seven classifications of these visas, so be sure you get the right one when you apply. There are visas for people who only want to retire in Spain, visas for people who are going to start a business, visas for those who have found employment, visas for top-level executives, visas for students and visas for teachers.
Applicants who intend to take up employment will have to show a proper work contract, along with proof that the position has been advertised with the Spanish employment institute and that no adequate Spanish candidate can be found for the job.
In many areas this is a serious obstacle, but in specialised fields such as computers the Spanish authorities accept that the outside worker can make a positive contribution to Spain’s development. Executives in sensitive positions and teachers usually have few problems in obtaining work permits.
Those non-EU applicants who wish to go into business will have to demonstrate that they have about US $120,000 to invest in their Spanish business and that they will provide work for Spanish nationals. Often enough, the Spanish consulate will insist that the investment be made, the employees hired and the business ready to operate before they will grant the visa. Remember that you need this visa even before you go to Spain to apply for the work permit itself, so things can get complicated.
These restrictions seem harsh, but try to understand the point of view of the Spanish labour authorities. Unemployment has been as high as 20 per cent until recently, so the Ministry of Labour is very concerned with the creation of employment for Spanish nationals. If your business idea will bring employment to three or four Spaniards, your application will be looked upon most favourably.
Is there any way you can either earn a living or stretch your pension without having a work permit? Not really. The law says that anyone who carries out any activity with fines lucrativos, a lucrative purpose, and gains money by it, is required to have a permit.
Painters may paint in Spain without a work permit but if they start making money by selling their paintings they should have a work permit. An established painter selling his work through a Madrid gallery will have no problem getting a permit. A young street artist who peddles his works to the tourists in the restaurants will probably never get a permit.
A musician contracted to give one concert does not need a work permit, though he is liable for Spanish income tax on any money he earns in Spain. A musician who is contracted to perform regularly in a night spot will be required to have a work permit.
There are also temporary work permits up to six months for people such as tour guides and specialists who work in Spain for short periods without intending to take up residence. This is the sort of permit often arranged for timeshare sales people. The company that hires you should provide you with this permit
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