Can you start working immediately after arriving in Spain while the residence permit is being processed?

By
Bruno Bianchi
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Question

I am moving from the UK to Spain. I am married to Spanish citizen and we are moving together. I have an NIE and offer of employment in Spain which starts in 5 months.

As I understand it I can only apply for residency (family member EU citizen) once I have arrived in Spain. Can you start working immediately after arriving as the residency process can take time, and if so what other docs would be required?

Answers

These are the answers of some Facebook group members:

“If you are married to a Spanish then you have apply for arraigo familiar instead of family of EU, these changed in September 2022″

“No, you can only start working once your residency application has been approved. Until then you are not allowed to work. Legally, you can work once you are “en trámite” if legally applying from Spain. In practice however you will most likely be denied by the majority of public administration offices without the actual document confirming your residency status (extranjeria for example). So my advice is always first to obtain favourable resolution. I believe it is a bit similar to the endless argument about no legal need of a TIE for British residents possessing green residency…”

“If your job is professional (requires university degree or similar) I would recommend you come as a tourist first and apply with your job offer to the Visa de Trabajo para Profesionales Altamente Cualificados. This should take 1 month to resolve and then you can apply for the Arraigo Familiar for UE citizen’s family. The latter is much much slower. If you are not professional, I would still recommend you start the paperwork as soon as possible, definitely not when arriving, as everything in Spain is super slow. You need Cita Previa for everything and sometimes the nearest date is in two months. After that you need your resolution, with which you need to get another Cita Previa to go get your ID card and then wait 45 days for your card to be ready”

If you’re planning to move to Spain with your Spanish spouse, it’s important to be aware of the specific requirements and processes for obtaining residency (Arraigo Familiar, after the immigration law regulation reform of 2022) and being able to work in the country. According to the responses of Spainguru’s Facebook group members, the process for obtaining residency as a family member of a Spanish citizen can be complex and time-consuming. It’s recommended to research and plan ahead for the specific documents and steps required for the specific type of residency and work permit that applies to your situation. One option that may be worth considering is the Visa de Trabajo para Profesionales Altamente Cualificados (Highly qualified workers) for those in professional positions, which is said to take about a month to resolve. It’s also important to start the paperwork as soon as possible, as delays are common and multiple appointments may be required.

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