If I came to Spain as a tourist and found a job, can I stay? Can I request a residence permit in Spain once I have entered the country? Find out how to apply in our tutorial video:
Tutorial Video: Apply for a Spanish residency permit if you entered as a tourist
This is the main doubt among our followers. Many foreigners intend to come to work and reside in Spain, and they assume that by entering as a tourist, already being in the country, they can start looking for a job. Then, once they have found a job, they can simply regularize their situation by carrying out the corresponding procedures here in Spain to reside legally.
The truth is that this situation, quite frequently, is a big mistake!
First of all, we must take into account that a person can stay in Spain as a tourist for a maximum period of 90 days per semester; regardless of whether they entered with or without a visa. After this period, the foreigner has the obligation to return to their country of origin. Because, in case of not doing it, they would remain in an irregular situation.
Now, knowing this information, we can address the following issues:
Can I enter as a tourist and then apply for a residence permit in Spain?
Of course, as long as the established legal stay period is respected. In other words, you can carry out the job search within 90 days of your legal stay but will have the obligation to return after that, because in the case of obtaining a job offer, a residence and work visa will be required, which you must request in person at the Spanish Consulate in your country of origin.
This fact can cause a lot of confusion, but the truth is that, although many foreigners are not required to have a visa to enter Spain as tourists due to their nationality of origin, all foreigners (regardless of their nationality) need a work visa when their intention is to reside and work legally in Spain.
So, where do I start the procedures to get a residence permit in Spain?
These procedures begin at the Immigration Office in Spain by the employer offering the job. Once your application is approved, you must apply for a visa at the Spanish Consulate in your country of origin to legally enter and apply for your card here.
Specifically, this is the procedure you must follow to apply for a residence and work permit as an employee (known in Spain as “cuenta ajena”). But the same happens with the rest of the permits, whose processing is carried out in the country of origin:
- Residence and work permit as self-employed (“cuenta propia”)
- Family reunification
- Study visa
Therefore, the job search can be carried out during your stay as a tourist but you must return before the mandatory 90 days to complete the process in your country of origin.
The exceptions to these rules are rare, but there are some like the case of highly qualified workers who process their residence permit in Spain through the Entrepreneurs Law, who can complete the entire process within their legal stay in the country. Or, for example, foreigners who can benefit from exceptional procedures, such as family arraigo, permits given due to humanitarian reasons, etc.).
A separate issue would be the group of people included in intra-community regulations, like the family members of Spanish/EU citizens who travel to stay in the country and live with their family members.
But, what happens if the 90-day period elapses and I have not returned to my country?
In this circumstance we already have a problem, since you will go from having a legal stay in Spain to being in an irregular situation, and once in this condition, you will have only a few options to regularize your situation. One of these options is the well-known “Arraigo”.
This type of permit can be obtained by accrediting a continuous stay in Spain of two years (Labor Arraigo) or three years (Social Arraigo), in addition to complying with the rest of the requirements demanded according to the specific type of Arraigo you are applying for.
Therefore, you will not only have to wait a long period of time to obtain a residence permit in Spain but also, during this period, you would be in an irregular situation, which constitutes a serious infringement of the Immigration Law (Art. 53 LOEX), which could lead to an expulsion order from Spain with the corresponding entry ban.
We suggest that all those foreigners who intend to come to Spain to reside and work read about the procedures for getting their residence permit and/or work permit and get more information about how procedures are managed at the Consulates of their country of origin. In order to avoid making these mistakes, and thus, future problems that may not have a solution.
Do you have any doubts about your case?
We also recommend that, if you want to apply for a residence permit in Spain, make sure you get the advice of an expert team in the field. Count on our immigration specialists to clarify all your doubts.
At Entre Trámites we invite you to know our immigration services. Fill in our contact form and we will call you to help you as soon as possible, schedule your free online consultation, or simply text our WhatsApp.
You may be also interested in:
