Hiring a Foreign Student According to the New Law for Entrepreneurs

Hiring a highly qualified foreign worker, either in Spain or in his own country.

Ever since the new Law 14/2013, of 27 September 2013, on support for entrepreneurs and their internationalisation was put into effect, the process for hiring a foreign worker has been carried out more smoothly and effectively.

Until the enactment of the new law, employers interested in hiring a foreign worker had two options; however, neither one of these options adapted properly to their needs due to the considerable amount of documentation that was required for the procedure as well as the length of time it took to be resolved.

These options, still being the most common, remain valid and are regulated by the General Immigration Law.

Option #1: Hiring a foreign student that has lived in Spain for 3 years with student residency.

The advantage to this option is that the worker is not subject to the national employment situation ir order to obtain de residence and work permit; however, the documentation along with the financial solvency required of the company wishing to hire the foreigner is highly demanding. The documentation must be presented in person as well, and it must be done by the company representative. The administration has 3 months to resolve this request. As a result, many companies opt to hire another worker that does not require this process.

Option #2: Hiring a non-resident foreigner that has not lived in Spain for 3 years with student residency.

The main drawback in taking this route is that, except in certain situations, when filling specific positions that require a certain professional profile, the granting of this work authorization is subject to the national employment situation. This presents us with a very difficult obstacle to overcome due the current economic crisis in Spain.

However the new Law for Entrepreneurs has opened doors to hiring highly qualified foreign personnel who currently reside inside or outside of Spain, with a 20 day maximum processing time. Companies are provided with both the highest quality of services and facilities to substantially reduce the amount of documentation to be submitted, as well as the option to authorize another person to submit the application for residence and work permit on their behalf. This process is carried out in Madrid from the Madrid office. The Madrid office covers all applications throughout Spain.

This option is directed towards companies that wish to hire a foreign employee with a graduate or postgraduate degree. The employee must be offered a minimum one year contract which guarantees him a salary in accordance with the position being filled.

If the foreigner is a student in Spain he does not need to fulfil a minimum period of stay in Spain nor does he need a new visa. The procedure will be done directly in Madrid and after receiving the resolution in a maximum of 20 days, the worker will have the right to Social Security. The worker will be granted a two-year residency permit if the work contract is either for two years or indefinite. The worker´s residency permit shall be reduced to one-year if the contract is reduced to one year.

If the foreigner finds himself in his country of origin, the initial procedure will be the same. After it is resolved, the worker must request the residence visa in the Spanish Consulate where he resides. This request will be resolved urgently.
As stated previously, the options that existed before still remain valid and available. The route offered by the new Law of Entrepreneurs is much more attractive due to the improved procedural services and facilities as well as a the quick resolution following a ¨silence is consent¨ rule if the decision is not pronounced in 20 days.

Ainhoa Manero is the Parainmigrantes.info Lawyer in Madrid.  If you wish to request an appointment with her you may  fill out the APPOINTMENT REQUEST FORM (FORMULARIO DE CITA PREVIA). 

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