Requirements to Hire a Foreigner: Procedures, Permits and MORE

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Today we live in a totally globalized world, which is why we find more and more foreigners emigrating to the country, to get to know our culture and succeed every day. Therefore, it is not bad to open the door for these people to get a job in your small business or in your large company. So, here we leave you the requirements to hire a foreigner that you should keep in mind.

In the same way, this article can also be used for foreign people, so that they know the documents and procedures that you must get, if you are looking to get a job. In addition, there is information that you may not know, such as the types of work permits What do you need? How to get it? And as if that were not enough, we also leave you some tips for when you go to make your hiring.

So, if you are interested in offering a helping hand to those people who leave their country in search of new challenges and goals, we invite you to continue reading this article about the requirements to hire a foreigner in Spain.

What are the Requirements to Hire a Foreigner in Spain?

The hiring of foreign people has its nuances and some “complications”, since it is a lot of information to process and there are many details to consider.

To begin with, there are two types of hiring of foreign personnel, one is the hiring of people from the European Union and another is the hiring of non-community people.

In the case of hiring people from the European Union, you will not need any requirements or special document.

The procedure is very simple, since it is considered as one more “Spanish person”. The opposite is the case with non-EU people, since in these circumstances You do need special requirements and documents to solve the procedures.

Now, the requirements to hire a foreigner will vary, depending on the situation in which the person finds himself. On this occasion, the situations in which the person may be are three, and they are the following:

  • Foreigners with a temporary residence for studies: Those people who come as a student can work partial or full days, as long as the schedules do not interfere with their study hours. In addition, they are permits that last only three months.
  • Foreigners who do not have a residence or work permit: In these cases, people will need this permit (of residence and work) to be able to work, otherwise they will not be able to work. Employers are the ones who should be in charge of processing this permit for their employees.
  • Foreigners who already have their temporary residence and work permit: These types of people can be hired and start working, without problems. However, it is always recommended to review the permits, if you are the employer, since these usually expire after a year. Check the permits and avoid falling into fines.

Temporary Residence and Work Permit

Temporary residence and work permits are one of the essential requirements to hire a foreigner.

Without one of them, you will not be able to work or hire non-community people, depending on your case. However, there is no need to worry, here we will explain what you need to achieve it.

First of all, you should know that the permit lasts for one year, so you will have to renew it annually.

In addition to this, it is the employer who must carry out the procedure, although the non-community person must have gotten your visa and have been discharged by Social Security.

So once you make sure you get through these first steps, here are the following requirements to obtain a residence and work permit:

  1. The employment situation of the foreign person must allow the hiring of a non-EU person.
  2. The person who is going to hire a foreigner must be registered with Social Security.
  3. The non-community person cannot be in an irregular situation in the country.

On the other hand, documents you will need to carry out this procedure are:

  1. The official application form with its duplicate.
  2. The ID of the person who is going to hire, that is, the employer. In the case of legal persons, they present the public representation document.
  3. An accreditation of exemption from consideration of the national employment situation.
  4. The original employment contract and its copy.
  5. The economic, material and personal justification to be executed.
  6. A copy of the passport of the person to be hired.
  7. A copy of the document that endorses the professional training of the non-community person, for the job.

Procedures to Follow to Hire a Foreigner in Spain

Once you know the requirements to hire a foreigner, we must go to the part of the procedures and processes that you must follow, in order to finalize the hiring. Don’t worry, these are not that difficult steps.

To begin with, it must be emphasized that the first steps to follow are get a temporary residence and work permit, which you must request as an employer.

Later, when you are granted permission, you must notify the foreign person, so that they can apply for the visa.

After leaving all these processes, you will have to continue with the following procedures, to be able to hire a foreigner in your businesses or companies:

  1. Obtaining the visa.
  2. Receive registration with Social Security.
  3. Apply for the Foreigner Identity Card (TIE).

In the case of obtaining a visa it is the non-community person who must develop. He or she must go to the consulate and apply for the visa. In turn, you will have to submit the following documents:

  • A duplicate of the sealed employment contract.
  • The passport or a travel document.
  • Criminal Record Certificates.
  • Health certificates.

Now to receive the High social security, You, as an employee, must process the application, so that the person can receive registration endorsement.

The Application for the Foreigner Identity Card falls on the shoulders of the person you are going to hire, since he or she must apply for it, after being registered with Social Security.

Types of Work Permits

When hiring foreigners, concerns often arise about what type of permit you need to process for your employer. Next, we are going to clarify the doubt, explaining all the types of work permit that exist.

First, there are four types of permits that exist to hire foreigners, and are the following:

  1. Temporary residence with work permit.
  2. Permanent residence.
  3. I work on my own accord.
  4. I work for someone else.

The temporary residence permit With a work permit is the typical permit in these cases, since it gives the non-community person the possibility of residing and working in the country.

On the other hand, the permanent residence permit It is the most comfortable permit of all, since it allows the worker to work indefinitely and receive the same conditions as a Spanish citizen.

Now him self-employment permit It is the one that authorizes foreigners to reside in the country and establish a commercial activity in Spain.

Finally, the work permit for someone else It can be associated with students, since it is a permit that authorizes temporary residence and work for a period of more than 90 days.

How Do Foreigners Tax?

An important issue with hiring foreigners is knowing how they are taxed persons. In Spain, a foreign worker can pay taxes in different ways, which depend on your tax or student situation, if applicable.

Therefore, to know how a foreign worker is taxed, these are divided into:

  1. Worker registered as a tax person.
  2. Not registered as a tax person.
  3. Scholars or students registered as tax persons.
  4. Scholars or students not registered as tax persons.

The foreigners registered as tax persons They will be taxed like any Spanish citizen, for which personal income tax tables will be applied and a withholding will be applied, according to their annual gross salary. It should be noted that the tables are progressive, that is, the more you earn, the more you must pay. Now, the foreign persons not registered as tax person A withholding of 24% is applied, according to personal income tax.

In the case of students or tax scholars, a 2% withholding is applied by law. While, the non-tax scholars or students An initial 24% is applied to them, although at 6 months it begins to be taxed as a normal Spanish resident.

Tips for Hiring a Foreigner

Finally, to end this article on the requirements to hire a foreigner, we are going to present you some tips that can help you when hiring non-community people.

  1. Make sure that the people you are going to hire have their temporary residence and work permit.
  2. Also, make sure this permit is in force, when hiring people.
  3. You should process the permit so that your employer can apply for the visa, then you must register with Social Security.
  4. In the case of opening the doors to the world of work to students, make sure that the study and work hours do not coincide.
  5. To make the taxation it is important know the tax situation of your foreign employees.

Finally, be sure to save this article about the requirements to hire a foreigner, in case you need to refresh this information later. Avoid penalties or fines for not following the procedures to the letter.

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