Admission for non-EU citizens
Next we present you legal situations in which non-EU citizens can stay or live in Spain and in which circumstances can be change an illegal stay into a lawful residence.
Transitional: You can cross Spain with intention to travel to another country. This situation can last only less than 5 days.
Stay: You can stay in Spain without the purpose of residing or working. This period has to be less than 90 days. After this period, you must leave Spain unless you apply for an extension of your stay or for a residence permit. For some countries you have to apply for a visa in the Spanish embassy of your home country and meet the requirements and for other countries visa is not necessary.
Stay for studies, investigation, internships or volunteering: For this type of stay, you must obtain suitable visa before entering Spain. Within one month after your arrival in Spain, you have to request the Foreigner Identity Card. If you need to renew your student permit you will be authorized to do it in Spain.
In order to change your study or investigation permit into a work permit, you must have been studying or investigating in Spain for three or more years, you must have completed successfully these studies, you cannot be scholarship holder or be part of a development project from your home country and do not have police record.
Residence and residence and work: At the moment, you can apply for three different types of residency in Spain.
• Temporary residence permit: for stays between 90 days and 5 years and if you don’t have the intention to carry out a paid activity. You can renew it if you meet the requirements.
• Residence and work: If you get a job from your home country thanks to a job offer from a firm situated in Spain you can apply to a live and work permit and renew it if you meet the requirements.
• Long-term residence permit: it allows you to reside in Spain if you can prove that you have been staying in Spain legally and without interruption for at least 5 years. Also you have to prove that you have been working, as legal regulation require, with your live and stay permit.
• Special circumstances residence: job seniority, social ties, familiar ties, international protection, humanitarian reasons and/or for public interest or national security.
Illegal residence in Spain is an infraction that might lead to home country repatriation. Nevertheless, thanks to the special circumstances already mentioned, non-EU citizen can legalize his situation obtaining a residence permit.
REGULATION OF SITUATION
Here we introduce you the most common exceptions non-EU citizens use to legalize their situation:
Social ties: you must have been staying in Spain for at least three years, have a labour contract for one year, not have police record and demonstrate family ties with other non-EU citizens residents or hold a social integration report.
Familiar ties: if you are responsible for a son or daughter with Spanish nationality in Spain or if your mother or father is Spanish.
Job seniority: you must prove that you have been staying in Spain for at least two years, don’t have a police record, have labour relations for at least 6 months and can prove it through juridical way or labour inspection.
If finally you obtain the temporary residence for special circumstances, you will have 1 month (from the notification day) to request the Foreigner Identity Card.
Escrito Multiplicador Cualificado Eurodesk, Ayuntamiento de Barcelona