30 Aug, 2021 @ 10:01
2 mins read

Legal tips for foreigners wishing to move to Spain & get their residency

Eu Long Term Residency

Eu Long Term Residency

Year after years, thousands of foreigners from all around the world decide to start their new life in Spain. And there is enough reason for that: a country that offers ideal weather conditions all the year around, with a delicious gastronomy, tons of expats communities and friendly people who make you enjoy social interactions much more.

Nevertheless, the process these foreigners must go through to finally settle in the country generates many doubts; and that leads to mistakes that not only end up costing a lot of time, but also money.

In this article we will outline some useful tips that will turn this immigration process into something easier, faster and safer from a legal standpoint.

Understand the whole picture

One of the main advantages of the Spanish immigration law is that it offers a wide range of residencies and visas.

Hence, the foreigner may be able to easily find the specific one that best fits her particular situation.

Therefore, the first thing one should do before moving to Spain is fully understanding which are all the residence permits available, the requirements to apply for each one, and how does the application process works.

Each of these option is different, and knowing in advanced what suits best your particular situation will be the initial guidance that you need to safely move forward.

Forget about the regular work permit

While it is true that many foreigners moving to Spain wish to end up working in the country, there are not so many of them who know that applying for a regular work permit may not be the ideal option.

Why? Basically, because in order to get a regular work permit, the job offer that must be obtained has to be inside what’s called the shortage occupation list. That list is really limited, and this makes it nearly impossible for the foreigner to find a valid job opportunity that really fits.

The alternative is simple. There are many residencies that also offer the right to work in the country, but that don’t require finding a job offer. We are talking, for example, about the golden visa (the residency that is obtained after investing in Spanish real estate), the family member of an EU citizen visa, the internship residency or even the student visa.

Then, the immigration law also contemplates other more direct paths, like the entrepreneur visa (for those wishing to set up their own innovate project in the country) or the highly-qualified work permit, for managers or workers in a technical position.

These two options may be easier to obtain if the foreigner can meet its specific requirements.

Be careful the moment in which you move to Spain

There are several residencies, like those under the Entrepreneur’s Law or the student visa, that can be applied directly from Spain.

That is, the foreigner can obtain a tourist visa, enter the country, and start the legal application within the 3 stay months that this visa grants.

Nevertheless, that is not the case for all the legal options the foreigner has; and most of them require that the application is started at the Spanish consulate or embassy in the country of origin.

Many soon-to-be expats have already travelled to Spain when they discover that they should have started their application before landing in the country, and now they can’t do anything but to return.

This is what happens, for example, with one of the most popular residencies: the non-lucrative visa.

Rely on an expert immigration lawyer

It is certainly true that nowadays, with all the information available online, the foreigner can do everything by herself. She can even join one of the hundreds Facebook groups created by and for expats in Spain, and get guidance from others who have already went through the same process.

But that may end up turning not so well.

Each case is particular, and requirements for a specific residency may vary from consulate to consulate.

That is why it is always recommended to seek for expert advice. Trusting an immigration law firm who has been managing applications year after year, who may have dealt with other foreigners from your same country and in your same situation, and who know where and how things should be done, may be really beneficial.

Not only does this allow the foreigner to save a lot of time, but also it may be crucial to avoid a costly application rejection that ruins your chances of finally moving to Spain.

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