Types Of Residence In Spain

This text, written by the lawyer María del Carmen Gouveia Gouveia, hopes to serve as a guide for Venezuelans who have decided to emigrate to Spain. Here you will find the types of residence authorization most used in Spain.

1. TEMPORARY NON-PROFIT RESIDENCE (maximum 1 year). The foreigner requests it at the Consular Office of Spain in his country of origin, providing all the necessary documentation for his origin, proving economic means. AUTHORIZES TO RESIDE IN SPAIN FOR ONE YEAR, WITH THEIR OWN ECONOMIC MEANS AND WITHOUT THE RIGHT TO WORK. NOTE.. Before its expiration you must request its renewal.

2. AUTHORIZATION OF TEMPORARY RESIDENCE AND SEARCH FOR EMPLOYMENT (maximum 3 months). The foreigner requests it at the Consular Office of Spain in his country of origin, providing all the necessary documentation for his origin. AUTHORIZES TO RESIDE IN SPAIN FOR ONE YEAR, WITH THEIR OWN ECONOMIC MEANS BUT WITH THE RIGHT TO SEEK A JOB IN SPAIN. (Art. 175 RD 557/2011, Regulations to the Foreigners Law). NOTE.. Before its expiration you must request its renewal.

3. AUTHORIZATION OF TEMPORARY RESIDENCE AND EMPLOYMENT EMPLOYMENT (duration for the time of the employment contract). This procedure must be initiated by the employing company from Spain complying with the legal requirements, submitting the corresponding request for authorization to the General Directorate of Immigration, once the foreigner's hiring has been authorized, this is when the foreigner must go to the SPANISH CONSULATE of his country of origin and request residency by virtue of hiring work for others (Art. 178 RD 557/2011, Regulations to the Foreigners Law). NOTE.. Before its expiration you must request its renewal.

4. TEMPORARY RESIDENCE FOR EXCEPTIONAL CIRCUMSTANCES, requested in Spain, prior compliance with the legal requirements, among which are mentioned:

Temporary Residence for Assumptions of Rooting. Foreigners who are in Spain in an irregular situation

- Social roots. If you have been in Spain for at least three years, you have a work contract and prove family ties with other resident foreigners and other documents. - Labor roots. If you have been in Spain for at least two years and can prove a working relationship of no less than six months and other documents. - Family roots. If you are the child of an originally Spanish father or mother or are the father or mother of a minor of Spanish nationality and other documents.

Temporary residence for humanitarian reasons. Prove one of the following circumstances:

- Being a victim of a crime against the rights of workers. - Being a victim of crimes in which the aggravating circumstance of racist motives, etc., has concurred, - Being a victim of crimes due to violent behavior exercised in the family environment, provided that there has been a judicial decision that ends the judicial procedure in which it is established the condition of victim. - Suffering from a serious illness that requires specialized health care, not accessible in your country of origin, and that the fact of being interrupted or not receiving it poses a serious risk to health or life. - That their transfer to the country from which they originate or come, for the purpose of requesting the corresponding visa, implies a danger to their safety or that of their family and that they meet the rest of the requirements to obtain a temporary residence or residence permit and work. - Women victims of gender violence. It is an authorization ofresidence and work due to exceptional circumstances that may be obtained by foreign women victims of gender violence who are in Spain in an irregular situation, provided that a final judgment is handed down, after compliance with legal regulations.

Temporary residence for reasons of international protection: ASYLUM AND SUBSIDIARY PROTECTION. Legally demonstrate the acts on which the well-founded fears of persecution are based on grounds of race, religion, nationality, political opinions, belonging to a certain social group, gender or sexual orientation, must be accredited and must: a. Be sufficiently serious due to its nature or repeated nature to constitute a serious violation of the fundamental rights protected in the second paragraph of article 15 of the European Convention for the Protection of Human Rights and Fundamental Freedoms, or b. Be a serious enough accumulation of various measures, including human rights violations, etc. c. Other documents.

5. TEMPORARY RESIDENCE FOR FAMILY REAGROUP. The foreigner who has legal residence and sufficient economic means to meet his needs and those of his family, including private health care in the event of not being covered by Social Security, in the amount that, with a minimum character and referred to at the time of Obtaining residence authorization by regrouping, as required by law, may, PRIOR FULFILLMENT OF THE LEGAL REQUIREMENTS, request the following family members to regroup with him in Spain: 1. Your spouse. 2. Their children or those of their spouse or partner, 3. Those legally represented by the sponsor, when they are under eighteen years old 4. Their first degree ascendants, or those of their spouse or partner, whenare in your charge, are over sixty-five years of age, and there are reasons that justify the need to authorize their residence in Spain. It will be understood that the family members are in charge of the sponsor when he proves that, at least during the last year of his residence in Spain, he has transferred funds or borne expenses of his family member, which represent at least 51% of the gross domestic product per capita, Annual calculation of the country of residence of the latter. 5. Exceptionally, when there are humanitarian reasons, ascendants under the age of sixty-five who meet the other established requirements may be regrouped. 6. Accredit sufficient Economic Resources to cover the needs of the regrouping and regrouping.

6. TEMPORARY RESIDENCE FOR ENTREPRENEURS or INVESTORS, complying with the requirements set forth in Law 14/2013 of September 27 to support entrepreneurs and their internationalization. The Law is aimed at investors, entrepreneurs, highly qualified professionals, researchers and workers who carry out intra-corporate movements, as well as spouses and children under 18 years of age.

GENERAL REQUIREMENTS:

- Not being irregular on Spanish soil. - Being over 18 years. - Lack of criminal records in Spain and in the countries where you have resided in the last 5 years, for crimes provided for in the Spanish legal system. - Not appear as objectionable in the territorial space of countries with which Spain has signed an agreement in this regard. - Have public insurance or private health insurance arranged with an insurance company authorized to operate in Spain. - Accredit sufficient financial resources for themselves and for their family members during their period of residence in Spain (€ 2,130 per month for the interested party and€ 532 for each family member who is in your care, multiplied by the months of residence (minimum one year). - Pay the fee for processing the visa. - Other requirements.

The cases of residence visas referred to in this Law are the following:

- Residence Visa for the Acquisition of Real Estate (RIV), an investment of a value equal to or greater than € 500,000. - Residence Visa for Entrepreneurs and Business Activity (REM), those investors who present a business project that is going to be developed in Spain and that is considered and accredited by means of a FAVORABLE REPORT as of general interest, such as those who plan to enter and remain in Spain for a period of one year with the sole or main purpose of carrying out the previous procedures to be able to develop an entrepreneurial activity. - Residence Visa for Capital Investors (RIC), an initial investment for aa value equal to or greater than 2 million euros in Spanish public debt securities or for a value equal to or greater than 1 million euros in shares or social participations of Spanish companies or bank deposits in Spanish financial entities.


7. RESIDENCY AUTHORIZATION OF A FAMILY MEMBER OF A CITIZEN OF THE EUROPEAN UNION (Community - Family Rooting) Residence card of a relative of a citizen of the Union. Venezuelan relatives of a Spanish citizen or of another Member State of the European Union, or of another State party to the Agreement on the European Economic Area or Switzerland, when they meet with said relative in Spain oraccompany them to come to Spain, and are going to reside in Spain for a period of more than three months, they may request and obtain a family card of a citizen of the Union, at the Consulate of Spain in Caracas, or request it in Spain within the 90 days after entering Spain, in the latter case you must meet the entry requirements to Spain. NOTE: In the case of a Spanish spouse or a Spanish child, it is essential to provide a Marriage Certificate and Birth Certificate PREVIOUSLY registered at the Consular Office of Spain, for it to have legal effect in Spain. In addition, CREDIT Economic Resources sufficient to cover the needs of the applicant, the family in charge and the Spanish relative.

8. RETURNED SPANISH. Due to their status as Spaniards, they should not meet the requirements for Venezuelans, because they have the right to return to Spain. Within the rights that they have as Spaniards, it is reported that they have the right to request the Subsidy for returned emigrants, prior compliance with the legal requirements, among which are mentioned:

- Consular discharge. - Being unemployed. - Be a Spanish migrant worker returned from countries not belonging to the European Union, the European Economic Area, or Australia or Switzerland. - Remain registered for a month as a job seeker. Registration must be maintained throughout the duration of the subsidy. - Sign the activity commitment. - Have worked at least 12 months in the last six years since your last departure from Spain, in countries outside the European Economic Area, Australia or Switzerland. (DUE ACCREDITED) - Not to be entitled to the contributory unemployment benefit for contributions that had accumulated in the six years prior to leaving Spain.

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