Work roots
RESIDENCE AUTHORIZATIONS DUE TO EXCEPTIONAL CIRCUMSTANCES
WORK SETTING.
Requirements:
1. No criminal record
to. In Spain (consultation authorization)
b. In the country of origin or in the countries in which you have resided during the last five years. (Legalized and apostilled and translated into Spanish where appropriate).
c. In addition, all other requirements established by the ROEX for any application for temporary residence authorization will apply. (Translation into Spanish or co-official language and duly legalized by the corresponding Consular Office, except in cases where it has been apostilled by the competent authority of the country of origin or provenance).
2. Comply with the established permanence period
to. It is necessary to prove a minimum period of continuous stay in Spain of two years immediately prior to the application.
Yo. The documents that prove the period of stay must be originals or a certified copy that contain the identification data of the interested party. (Preference in accreditation will be given to those documents issued or registered by a Spanish Public Administration. However, the Administration may, in any case, require any means of proof it deems necessary so that said permanence is sufficiently accredited. (it will be understood that the continued stay in Spain is not interrupted, as long as the absences have not exceeded 90 days in that period of time).
3. Prove the existence of labor relations
to. It is necessary to prove or demonstrate the existence of one or more employment relationships whose duration is not less than six months.
b. The employment relationship must have occurred in the two years immediately prior to the submission of the application. Provided that the relationships have occurred in that period and that their total count exceeds six months, and who is in an irregular situation at the time of the request.
c. For these purposes, an employment relationship is understood to be both those that have been irregular and those that may have been concluded under the protection of residence authorizations whose validity has expired.
4. Contractual modalities
Yo. The contractual modalities will be those provided for in the labor legal system as employed work.
ii. All the assumptions included in article 1.3 of Royal Legislative Decree 2/2015, of October 23, which approves the Consolidated Text of the Workers' Statute Law, are excluded from the scope of application of this instruction.
iii. Non-labor training internships are also excluded because they are not a salaried employment relationship. These are:
1. Non-work training practices of university students supervised by Universities, regulated in Royal Decree 592/2014, of July 11.
2. Non-work training practices for vocational training students of the educational system regulated in articles 24 and 27 of Royal Decree 1147/2011, of July 29 and regional regulations.
3. Non-work training practices carried out by students who take “other vocational training programs in the alternation modality for those who have a training scholarship in companies or public entities” to take basic vocational training, art. 28 et seq. of Royal Decree 1147/2021, of July 29.
4. Non-work training practices in dual vocational training –DUAL FP- to take degree or higher FP cycles (Title III of Royal Decree 1529/2012, of November 8).
5. Non-work training practices included in the artistic and sports teachings of the Spanish educational system.
6. Non-work training practices for university and vocational training graduates regulated in Royal Decree 1543/2011, of October 31, which regulates non-work practices in companies.
7. Non-labor training practices for the unemployed in vocational training for employment (Law 30/2015, of September 9, Royal Decree 395/2007, of March 23 and Royal Decree 694/2017, of July 3).
8. Non-work training practices without regulation.
To the extent that they do not fall within the concept of an employment relationship, actions carried out under the protection of Law 20/2007, of July 11, on the Statute of Self-Employment, are excluded.
This instruction will not apply to those who have the status of students defined in accordance with the general immigration regime.
It will not apply to those who have the status of students defined in accordance with the general immigration regime.
5. Number of employers
It will be irrelevant for the purposes of understanding that the employment relationship has sufficient entity to determine access to employment roots whether there has been one or more employers. However, when there are several employers whose activity is carried out simultaneously over time, they will not be counted as separate activities that allow obtaining roots more than once.
6. Exclusion of labor relations without sufficient entity to allow access to labor roots.
The requirements of article 124.1 of the Rloex will not be deemed to have been met. when labor relations are accredited that do not have sufficient entity to understand that the meaning of the precept is not distorted and the law is violated.
The salary received for the professional provision of labor services as an employee of each of the labor relations that are accredited, must be an amount equal to or greater than the minimum interprofessional salary that corresponds based on the royal decree referred to in article 27. of Royal Legislative Decree 2/2015, of October 23 or the proportionally corresponding one in the case of part-time contracts.
The employment relationship or, where applicable, the employment relationships that occur at the same time must represent a weekly working day of no less than thirty hours in the overall calculation.
In the case of irregular labor relations, it will be understood that they have sufficient entity to allow access to labor roots in any case as long as there is a judicial resolution or administrative resolution confirming the infraction report of the Labor and Social Security inspection.
7. Way to prove the employment relationship
For the purposes of proving the employment relationship and its duration, the interested party must present any means of proof that proves the existence of a previous employment relationship carried out in a legal stay or residence situation. For these purposes, the completion, in the last two years, of a work activity that entails, in the case of employed activity, at least one day of 30 hours per week in the period of 6 months or 15 hours per week in a period of 12 months, and in the case of self-employment, continuous activity of at least six months.
Temporary residence fee due to exceptional circumstances: it will be accrued at the time the application is admitted for processing, and must be paid within ten business days:
Model 790 Code 052 section 2.5 "Temporary residence authorization due to exceptional circumstances" to be paid by the foreigner.
The granting of the residence authorization authorizes you to work as an employee or self-employed person in Spain during its validity.
Process after the granting of the residence authorization due to exceptional circumstances.
- Request an appointment on the following website “Prior appointment for foreigners”.
- Present original passport or travel document or registration card to prove your identity.
- Application for a Foreigner's identity card in official model EX-17.
- Proof of payment of the card fee.
- Three color photographs on a white background, passport size.
The authorization granted will be valid for one year and upon expiration, a residence permit or a residence and work authorization may be requested.
Rafael Reyes Pulido
