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The initial authorization to work as an employee allows you to work legally in the Basque Country in different jobs such as maintenance technicians, specialized waiters, English teachers or sailors.

Once the certification of insufficient applicants has been obtained by Lanbide or the SEPE, this is the procedure to follow:

1- Place of presentation of the authorization to work as an employee in the Basque Country

  • The employer or its legal representative must present by Mercurio the application for the authorization of temporary residence and work as an employee before the corresponding office of foreigners.
  • The application must be made by telematic means.

2- Employer’s documentation

  • NIF of the presenter and public deed of the company or registration as self-employed.
  • Original and copy of the contract in the official model
  • Certificate from the Public Employment Service (SEPE) or Lanbide on the insufficiency of job seekers to fill the position.
  • Documents accrediting the economic means at your disposal for your business project (turnover for the last three years, average annual number of personnel hired, extract of the annual accounts, corporate tax or others).
  • If you are a natural person, additionally, personal financial means.

3- Documentation of the employee

  • Complete passport.
  • Professional qualification or qualification to perform the job.
  • Documents accrediting that the employee comes from Chile, Peru or is a child or grandchild of a Spaniard, if applicable.

4- Procedure before the office of foreigners

  • The application will be made by telematic means (Mercurio Platform). 
  • The Immigration Office will admit or reject the application for processing.
  • The Aliens Office will check with the Treasury and the Social Security the employer’s compliance with the legal obligations.
  • A decision will be made within a maximum period of three 3 months. 
  • Once the authorization has been granted, its effectiveness will be suspended until the visa and subsequent registration with the Social Security.

5- Application for the visa

Once the work authorization has been granted, within one month the worker will personally request the issuance of the visa issued by the Spanish embassy or consulate in his/her country. 

He/she must request an appointment in person and present the following documentation:

  • The resolution of initial authorization for temporary residence and work for others.
  • Passport with an antiquity of 4 months.
  • Criminal record.
  • Employment contract stamped by the immigration office.
  • Medical health certificate in accordance with the provisions of the International Health Regulations of 2005. 
  • Paid fee of 60 euros.

6- Obtaining the visa and entry into Spain

  • The consular mission will issue the visa within one month of its application.
  • The employee must pick it up personally within one month of notification. 
  • The employee must enter Spanish territory within a maximum period of three months. 
  • The employer must register the foreign employee with the Social Security within a maximum period of three months from the date of entry into Spain.

7- Obtaining the TIE

  • Within one month from the date of registration with the Social Security, the employee must apply for the Foreigner’s Identity Card (TIE). 
  • An appointment must be made for fingerprinting and another appointment must be made within 30 to 40 days to collect the card.
  • The authorization allows the worker to work in the same autonomous community, in this case in the Basque Country, not in other communities.

In conclusion, from the moment of obtaining the certification of insufficiency of applicants of the offer, the term for which an employer can bring a foreign worker to cover a vacancy can be between 4 and 6 months until the worker enters Spanish territory.

This period will depend on the speed with which the corresponding immigration office in the Basque Country resolves the problem and how long it takes the worker to make an appointment at the embassy to apply for a visa and enter Spanish territory to carry out his or her job. 

If you have any doubts or want to know more about this process, do not hesitate to write to us.