So I've made the decision to move to Spain 3 years ago, and now that I have the financial means to do it, it's getting down to be that time. I've been absorbing the info on this site between that time and I thank you all for your inputs here and there!.
The problem is, I'm in that catch-22 situation: I can't get the work permit unless I already have the job contract (according to the Miami consulate), but no one will give me the job contract unless I show them the work permit.
My spanish boyfriend keeps telling me that I don't need the work permit, that with the residency permit, I should be fine - but somehow I doubt that.
I work for a company that has openings ALL over Spain (Starwood Hotels and Resorts), and the few HR managers I've talked to over there have told me that I'm qualified for the positions, but that I should get back to them AFTER I get the work permit. They've just made it clear they won't help me get it... not even if I'm just a TRANSFER within the same company!.
I have all of my documents lined up, and short of getting married (which is far, far in my future!), how else do I do this? I was thinking that I have family in spain that owns their own businesses... if they give me a "fake" contract, will I be able to use it to work somewhere else in Spain and not necessarily with them? Maybe not, given that the paperwork wants the NEV # of the company. And I can't really work with them beacuse they're all farmacists... and I don't know the first thing about working in a pharmacy, so I don't see how that's viable.
I'm sorry I've made this long. I'm going to Spain in July to vacation for 21 days, but if anyone has any advise regarding anything I could do while I'm there (maybe perhaps petition the HR managers in person instead of over the phone?), taking advantage of my time there, it would help.
My only other option (according to the consulate), is that having a spanish granparent, I can get the residency by means of living in Spain LEGALLY for one year and having proof of spanish granparents (easily done, I have their birth certificates). But how the hell am I supposed to sustain myself for a year without working? ("working under the table at a bar" in the meantime says my boyfriend). I don't want to mooch off of the parents either for a whole year!.
Any consejos? Maybe you guys can think of something I haven't thought of. Thanks guys!
The contract thing (let's not say fake, let's say "provisional") could work if you could get one in the same basic field that you ultimately want to work in. But keep in mind, it can take a long time to get the paperwork to go through. Work those family enchufes and see if you can find anything that is remotely related to tourism. And, yes, making appointments and going to talk to people in person is a much better bet.
If your visa gets approved, you can (theoretically) work for any company in the same field. The company making the job offer has to be 100% on the up and up (no back taxes owed, etc.) and must have some full-time employees who have paid social security in a similar position to the one they are offering you.
If you can just get your foot in the door, you are home-free thanks to your grandparents (get those birth certificates apostilled before you come over).
Good luck.
Posts: 1069 | Location: Madrid | Registered: 10 December 2002
On the bright side you are in a much better situation than most non-EU who want to live in Spain! Work the enchufes, get all your family paperwork together and meet some HR people in person. Hopefully you'll be working legally in this amazing country soon.
Everything mariposita said was on the money.
Posts: 24 | Location: Conil de la Frontera | Registered: 21 March 2007
Work the enchufes, get all your family paperwork together and meet some HR people in person
Very good advice, indeed, cangaditana. I second that. Use all of your resources. I used to have the attitude that I wanted to do it on my own, but I soon realized that it's nothing wrong with a littlehelp from other people.
Shawn
"Wanna fly, you got to give up the shit that weighs you down" - SONG OF SOLOMON, Toni Morrison
Posts: 1253 | Location: Richmond, VA but in MADRID now | Registered: 10 February 2002
My boyfriend just informed me that his boss (who owns the bar) agreed to "hire" me in order for me to get a work permit, which I can later just use in one of my hotels. He's done it for a couple of his co-worker's friends, and is willing to invest on me as well. The only thing I have to take care of is paying seguridad social - which i'm willing to do.
Supposedly the lawyer his boss works with got a brazilian girl un "contrato indefinido", so he might get me the same too. I didn't really understand what he meant, so i'll let him do his thing and then tell me what to do (god knows the guy is desperate for me to be there with him... but so am I!)
Who knows? I might be there sooner than I thought. If all works well: I get that contract, apply for the residency en la comisaria de extranjeria in Madrid (my BF assures me it can be done there, not necessarily here in the U.S.), once I get that I go apply for a transfer and that's it.
One thing that will help is that I will be staying in the couple of hotels my company has openings in, so I will def go to HR to speak with them regarding my situation (at least let them know that the permit is on the way). If everything works out this way (as a temporary mean anyway), I'll work the grandparent papers after for the more permament status. I'll try one first, and then the other.
I will let you guys know of any changes, perhaps any info I happen to stumble along the way. I wanted to thank you all though. I read this board all the time, even though I rarely comment. THANK YOU!
Stacey-- That's great. Have them get it started as soon as you can, because it can take a long time to process. The little trick of paying the Social Security while in limbo is how a LOT of people work these things out. That way, you are more or less on the up and up while you look for a new job.
quote:
(my BF assures me it can be done there, not necessarily here in the U.S.),
One thing... before you can apply for residency in Spain, you'll need to apply for the visa in the US (Miami if you are in Florida). There's no way around going back to the US, because you must enter Spain with the right kind of visa in order to get the right kind of residency. To make a long story short, it works like this:
1. Employer makes job offer and gets appointment with ministry. 2. Job offer gets listed at the employment office (more or less a formality and not necessary for all jobs). 3. Employer gets letter approving on denying request. (4-8 months from appt.) 4. If approved, you go to the Spanish Consulate in the US to apply for a permiso de trabajar por cuenta ajena. They will paste a visa into your passport. 5. When you get to Spain, you apply for residency with permission to work. 6. You pay your SS while you are looking for a "new" job.
Good luck!
Posts: 1069 | Location: Madrid | Registered: 10 December 2002
One thing... before you can apply for residency in Spain, you'll need to apply for the visa in the US (Miami if you are in Florida). There's no way around going back to the US, because you must enter Spain with the right kind of visa in order to get the right kind of residency. To make a long story short, it works like this:
1. Employer makes job offer and gets appointment with ministry. 2. Job offer gets listed at the employment office (more or less a formality and not necessary for all jobs). 3. Employer gets letter approving on denying request. (4-8 months from appt.) 4. If approved, you go to the Spanish Consulate in the US to apply for a permiso de trabajar por cuenta ajena. They will paste a visa into your passport. 5. When you get to Spain, you apply for residency with permission to work. 6. You pay your SS while you are looking for a "new" job.
Thanks Mariposita!
My BF met up with the lawyer today who informed him that given my history, he might get the work permit within a 2-month time frame. He stated that I need to apply for my residence/work visa (both) at the Miami consulate in order to get the ball rolling (he can even represent me here even if he's in Spain), and once I'm done with that, then THEY (my "boss" and him) will send the contrato to the consulate.
Now i'm just confused: #1: If I apply for the visa now, I've read in the other posts that they keep your passport to stamp the visa on it. I'm leaving for vacay to Spain on July 2 for 3 weeks, and I'm afraid I won't get the passport back on time if I apply now in June.
#2: My understanding from reading previous postings here regarding the visa/work permit, it seems that what the lawyer is telling me to do is the total opposite of what the consulate has up on their web (ie. need to already HAVE the contract in my hands when I apply for permit here) -- and from what other MMers have experienced in regards to the order of how things get done. What is right?
So I don't know where to even start: do I hold off on applying here until I get the paperwork or I get back from my trip? He hasn't specified anything that I need to give him (YET) for him to start working on my case, I'm waiting to get the green light from him.
Help! (BTW, you guys are wonderful at assisting me! So big double kisses for all!)
#2: My understanding from reading previous postings here regarding the visa/work permit, it seems that what the lawyer is telling me to do is the total opposite of what the consulate has up on their web (ie. need to already HAVE the contract in my hands when I apply for permit here) -- and from what other MMers have experienced in regards to the order of how things get done. What is right?
So I don't know where to even start: do I hold off on applying here until I get the paperwork or I get back from my trip? He hasn't specified anything that I need to give him (YET) for him to start working on my case, I'm waiting to get the green light from him.
I've never heard of any American getting a work visa in this way. Call the consulate in Miami to find out for sure... the lawyer might not know what the visa process is (it differs by country). Normally you have to have the work papers 100% approved in Spain by the ministry before the consulate will accept any paperwork from you. (In this case the first step would be what I posed upthread--the employer writes out the job offer and requests an appointment with the ministry--in my SO's case, it took almost four months to get this appointment).
But call the consulate and tell them what the lawyer said to find out for sure. Also show the lawyer the info below, so he understands the process for US citizens. Here's what their website says:
Habilita a un extranjero mayor de dieciséis años a entrar en España para residir y realizar una actividad laboral o profesional por cuenta ajena.
Documentos que deben presentar:
2 impresos de Solicitud Schengen debidamente cumplimentados y firmados Copia de la autorización de residencia y trabajo notificada al empleador o empresario (lo tiene que tramitar la empresa contratante en España con anterioridad a la presentación de solicitud de visado). (This is the letter that the employer receives after the papers have been approved in the Ministry. It states here that it needs to have been submitted by the employer in Spain and authorized by the ministry. Steps 1-3 above.)
Pasaporte con una vigencia mínima de seis meses en vigor.
2 fotografías con el fondo en blanco, tamaño pasaporte.
Certificado de antecedentes penales, notarizado y legalizado con la Apostilla de la Haya, o documento equivalente, en el caso de solicitante mayor de edad penal, que debe ser expedido por las autoridades del país de origen o del país o países en que haya residido durante los últimos cinco años y en el que no deben constar condenas por delitos existentes en el ordenamiento español.
Certificado médico, para acreditar que no padece ninguna de las enfermedades susceptibles de cuarentena previstas en el Reglamento Sanitario Internacional.
Pago tasa. El coste del visado es de 100 dólares para ciudadanos norteamericanos y 79.20 dólares para otras nacionalidades y no es reembolsable. Deberá ser abonado en “Money order” dirigido al Consulado de España (no se aceptan cheque ni efectivo).
Los interesados deberán presentar originales y copias de los documentos arriba citados.
En el supuesto de concesión del visado, el extranjero deberá recogerlo personalmente en el plazo de un mes desde su notificación. De no recogerse en dicho plazo, se entenderá que el interesado ha renunciado al visado concedido y se archivará el expediente.
El visado será sólo válido para España pero podrá transitar un máximo de cinco días por el territorio de los Estados Schengen.
Una vez recogido el visado, el extranjero deberá entrar en España en el plazo de vigencia del mismo y una vez efectuada la entrada, la cual deberá constar obligatoriamente en el pasaporte o título de viaje, deberá solicitar personalmente en el plazo de un mes la tarjeta de residencia. (This is when you can go to the comisaría in Spain and get your Residency Card which will allow you to work.)
A partir de la entrada en España el titular podrá comenzar su actividad laboral y afiliarse a la seguridad social en los términos establecidos en la normativa de aplicación.
Posts: 1069 | Location: Madrid | Registered: 10 December 2002
Work the enchufes, get all your family paperwork together and meet some HR people in person. Hopefully you'll be working legally in this amazing country soon. 
