Legal procedures for foreign staff

Visa application procedure

Permit to carry out training, research, development or innovation work in public or private organizations. Law 14/2013, on support for entrepreneurs.

The application for the permit must be submitted by the UOC before the Tax Agency's Large Company Management Unit or to any public registry. At the time of the application, non-EU nationals must be outside or legally residing in Spain. If they are outside the country, once the permit has been granted, they will have to apply for a visa at the Spanish Consulate in their country of residence.

Documentation needed by the UOC to start the process

  • Full Passport.
  • Public or private health insurance taken out with an organization operating in Spain
  • Criminal record certificate of the last 5 years
  • Accreditation of sufficient financial means for their family during the period of residence in Spain, if the family is accompanying them.

Obtaining a residence and work permit

Along with the documentation for obtaining a valid residence and work permit for Spain, an application may be submitted for the visa at the Spanish Embassy in the country of origin. We will send you the decision on this by email.

If the duration of the stay is longer than six months, within one month of arrival in the country, you must apply for the TIE (foreigner identity card) at the relevant police station. If you are a legal resident of Catalonia, you should carry out the appropriate procedure at the immigration office of the province in which the place of work is located.
 

Permit renewal

Contracted lecturers, researchers and research support staff who are non-EU nationals and have not yet completed their stay may renew their card 60 days before it expires at the immigration office.

The renewal process will be carried out by the UOC.
 

Family members (initial)

Family members may apply for residence; for this reason, you must let us know if this is their intention, as the application process has to be started by the UOC.

Permit renewal for family members

Researchers with a permit may renew their family members' permits at the immigration office of their province of residence within the 60 days prior to the expiry date. It is advisable for the university or research centre to complete the renewal process. In this case, the UOC takes care of this.

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Municipal register

Administrative register of the address of the inhabitants of a municipality and their basic details, on the basis of which the municipal register of inhabitants is drawn up. It allows town councils to plan the various services according to the number of inhabitants.

The municipal register takes on huge importance, as a series of rights and obligations is derived from it. These include:

  • Right to public healthcare
  • Right to basic primary social services
  • Right to open centre services for children and teenagers
  • Right to urgent social aid

Documentation

  • To register on the municipal register, you will need, as well as the applicant's identity document, to accredit the availability of accommodation by means of the property deeds of the dwelling, the rental contract or any other document that accredits the ownership of the dwelling, such as a utilities bill. If you are neither the owner nor the tenant, you must be authorized by them to register on the municipal register, so you will have to accredit this by means of a document of authorization or the owner or landlord will have to accompany you when you register on the municipal register.

Non-EU foreign citizens who do not have long-stay residence in Spain will have to renew their registration in the municipal register every two years. To the contrary, the town council will remove them from the municipal register.

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EU citizen certificate of registration

Citizens of EU Member States or of states that are party to the Agreement on the European Economic Area should submit the documents in person:

Application form: Ex-18
Prior appointment: No
Place: Persons entered in the municipal register of the city of Barcelona:

            Police station at Rambla Guipúscoa, 74
            Also at any immigration office of their province of residence    
            Other persons entered in the municipal register of other towns in Catalonia
            Spanish National Police Corps station in the province of residence

Fee: Yes (solely for the issue of the TIE (foreigner identity card) at the police station). The cost is €10.30 and must be paid prior to the issue of the certificate of registration.

If you have been hired as a salaried employee

You should provide:

  • Declaration of contracting by the employer or certificate of employment, including at least the name and address of the company, the tax ID code and the Social Security contribution account code. - Letter from Staff Management

If you are a student

You should provide:

  • Enrolment at the public or private school, recognized or funded by the relevant education authority. - Letter from the Doctoral School
  • Documentation accrediting possession of public or private health insurance. You may provide a European Health Insurance Card with a valid date that covers the period of residence and enables you to receive the necessary healthcare from a medical point of view, taking into account the nature of the healthcare and the planned duration -Private insurance
  • Affidavit declaring that you have sufficient resources for yourself and for your family members during your period of residence in Spain.

Important

Any foreign public document must first be legalized by the Spanish Consulate with jurisdiction in the country in which the document was issued or, if necessary, by the Ministry of Foreign Affairs and Cooperation, except in the case of documents that carry an Apostille from the competent authority of the issuing country according to the Hague Convention of 5/10/1961 and unless the document is exempt from legalization by virtue of an International Convention.

The NIE (foreigner identity number) for EU citizens is issued immediately.

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Non-EU citizens TIE (foreigner identity number) application

The foreigner identity card is the document that identifies foreign citizens for the purposes of accrediting their legal status in Spain. Foreign citizens have both the right and the obligation to apply for it when they have obtained the residence permit or a permit for a stay of longer than six months. You should apply for it within one month of entering Spain or of the granting of the permit.

It is a personal and non-transferable document that will have the same validity as the permit granted.

Where can you do it? In person at:

Rambla Guipúscoa Immigration Office
Address: Rbla. Guipúscoa, 72-74

In the event of theft, loss, destruction or deterioration of the card, a new card must be issued at the request of the holder, which will not be considered to be a renewal.

Where can you do it? In person at:

Rambla Guipúscoa Immigration Office
Address: Rbla. Guipúscoa, 72-74

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Registering with the Social Security System

If you do not have a Social Security affiliation number, in order for you to be registered as a worker at the UOC, you must complete the following procedure in person at any Social Security office or on the Social Security website.

Documentation

  • National Identity Document: NIE (foreigner identity card) and full passport.
  • TA1 form: You can pick this up at the office.

Fee: There is no associated fee.

When you receive your Social Security number, you should send us a copy so that we can register you.

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IRPF -personal income tax- EU and Non EU citizens

A researcher may undertake activities and have assets subject to taxation. The main activities subject to taxation are work, the possession of stocks and shares, patents and trademarks and real estate.

The first thing to be determined is the legislation that applies to a researcher according to their tax residence. This will determine where their worldwide income will be taxed, ie for the person's entire income. The rules for determining tax residence in Spain are as set out in Article 9 of the Law on personal income tax (IRPF). Generally speaking, the criterion applied is a stay of over 183 days, although there is the criterion of having the most important economic activity and the partner and children, if there is no legal separation, based in Spain, as well as other special conditions.

If the person receives income from other countries in which they do not have their tax residence, where these sources of income are and where they are taxed would have to be seen. Current internal legislation and international agreements have been combined through the OECD Model Tax Convention to prevent double taxation. Therefore, you should always consult the agreements to prevent double taxation and, through these, it can be determined if the source of income should be taxed (or can be taxed) in each of the States.

List of agreements signed between Spain and other States

If your stay in the country will be for more than 183 days and therefore you wish to be tax resident in Spain, you should apply for tax residence to pay your personal income tax (IRPF) as a resident. To the contrary, non-resident personal income tax (IRPF) rules will apply.

Prior appointment: NO
Place: Plaza Doctor Letamendi, 13-23. 08007 Barcelona
Telephone: +34 93 291 11 00
Fax: +34 93 291 11 97

Fee: NO

Documentation:

Recognition of the employment relationship with the worker – letter from the FUOC certifying that the worker works with us, stating:

  • The start date of employment in Spain
  • The place of work and its address
  • The duration of the employment contract
  • The employment contract is for more than 183 days in the current year
  • Photocopy of the identity document or NIE (foreigner identity number)

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Permit to return to Spain

Application form: Ex-13
Prior appointment: Yes
Where can you do it? In person at:

Rambla Guipúscoa Immigration Office
Address: Rbla. Guipúscoa, 72-74
 

Fee: Yes – The cost is €10.30 and must be paid prior to the issue of the certificate of registration.

Documentation:

  • Printed application form
  • Original and photocopy of current passport.
  • Original and photocopy of the foreigner identity card (TIE).
  • Original and photocopy of the proof that the application to renew the foreigner identity card (TIE) has been submitted.
  • In the case of first-time residence, original and photocopy of the proof of issue of the card given to you at the relevant immigration office.
  • Proof of payment of the fee.
  • Original and photocopy of the return ticket.

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Legal Procedures Brexit

Information was recently published in the Spanish Government's Official Gazette (BOE) regarding British nationals' situation in Spain.
The attached document details the measures that apply for different circumstances and what you should do in each case.
Soon, because of Brexit, British nationals in Spain will no longer be able to obtain a certificate of registration (certificado de registro) as an EU national. A transition period has recently begun, lasting until January 2021, during which British nationals not registered as EU nationals in Spain can register and thus retain their current rights. On 6 July a new procedure became available for British nationals who already have their certificate of registration to apply for a photo ID residency card (see attachment).
Any British nationals newly arrived in Spain will have to register an application at an immigration office (oficina de extranjería).
 
RESIDENCE DOCUMENTS FOR NATIONALS OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
 
Joint instruction from the Directorate General for Migrations and the Directorate General for the Police 
 
 
PROCEDURE FOR OBTAINING RESIDENCE DOCUMENTS 
 
British nationals who hold a certificate of registration as an EU national. Exchange of certificate at a Police Station.
You must book an appointment; the procedure to select is: POLICÍA-EXP.TARJETA ASOCIADA AL ACUERDO DE RETIRADA CIUDADANOS BRITÁNICOS Y SUS FAMILIARES (BREXIT).
 
Non-EU family members of British nationals who hold a residence card as family members of EU nationals.
You must book an appointment; the procedure to select is: POLICÍA-EXP.TARJETA ASOCIADA AL ACUERDO DE RETIRADA CIUDADANOS BRITÁNICOS Y SUS FAMILIARES (BREXIT).
 
British nationals who do not hold a certificate of registration as an EU national. Application at the immigration office (Oficina de Extranjería).
Submission ON-LINE EX20 - Residence document Article 50 TEU for United Kingdom nationals (issued pursuant to Article 18.4 of the Withdrawal Agreement).
Submission in person. By appointment. See note E-MAIL FORMAT REQUESTING APPOINTMENT.
 
Non-EU family members of British nationals resident in Spain who do not hold a residence card. Application at the immigration office (Oficina de Extranjería). 
Submission ON-LINE EX21 - Residence document Article 50 TEU for family members of United Kingdom nationals (issued pursuant to Article 18.4 of the Withdrawal Agreement).
Submission in person. By appointment. See note E-MAIL FORMAT REQUESTING APPOINTMENT.
 
E-MAIL FORMAT REQUESTING APPOINTMENT
 
Send an e-mail to brexit.barcelona@correo.gob.es
SUBJECT: CITA PREVIA SOLICITUD DOCUMENTO RESIDENCIA
DETAILS REQUIRED: FULL NAME, DATE OF BIRTH, NATIONALITY. 
SEND ONE E-MAIL PER FAMILY UNIT, LISTING THE DETAILS OF EACH FAMILY MEMBER.
 
DOCUMENTS REQUIRED
 
Application form
 
Form EX20 - Application for Residence Document Article 50 TEU for United Kingdom nationals.
Applicant's current and valid passport. Should the passport be expired, provide a copy of the passport and the completed passport renewal form.
Documentation accrediting that the applicant is included in the scope of the Withdrawal Agreement, specifically, the date of commencement of his/her residence in Spain. Any means of proof accepted by Law will be accepted. 
Accreditation of means of subsistence. The documentation stated in Article 3 of Order PRE/1490/2012, of 9 July, which provides rules for the application of Article 7 of Royal Decree 240/2007, of 16 February, on the entry, free movement and residence in Spain of citizens of Member States of the European Union and other States that are parties to the Agreement on the European Economic Area.
 
Form EX21 - Application for Residence Document Article 50 TEU for non-EU nationals who are family members of United Kingdom nationals.
Applicant's current and valid passport. Should the document be expired, provide a copy of the document and the completed renewal form.
Documentation accrediting the existence of a family tie, marriage or registered partnership that gives entitlement to the card, if necessary, duly translated with apostille or legalized.
Registration certificate or residence document of the United Kingdom national they accompany or with whom they will reunite.
Documentation accrediting, in those cases where this is required, that the applicant for the residence document is supported by the United Kingdom national of which he/she is a family member (ascendants and descendants over 21 years of age).