The unemployment benefit for non-EU foreign workers is an accumulated and advance payment of the contributory unemployment benefit. It is aimed at those foreigners who voluntarily return to their countries of origin.
In order to facilitate the voluntary return to their country of origin for unemployed foreign workers; the Servicio Público de Empleo Estatal (State Public Employment Service or SEPE) may pay them the amount of the contributory unemployment benefit to which they are entitled. In advance and cumulatively.
Foreigners from countries that do not belong to either the EU or the EEA can receive unemployment benefits if they also meet a series of requirements:
- Legal residence in Spain.
- Have authorization for temporary residence and work as an employee or permanent residence.
To carry out the procedures with the SEPE, these types of foreigners must identify themselves with the Foreigner Identity Card (TIE) and their passport.
There are some exceptions to the obligation to have a work authorization to work in Spain when some requirements are met in very specific positions.
Once the benefit, subsidy or aid is recognized, you must continue to meet the requirements for the entire duration of the benefit, subsidy or aid. If they are no longer met, the benefits will be suspended or lost, depending on the case. The law allows foreigners who receive contributory benefits, unemployment benefits or active insertion income to renew their work permit for the duration of these benefits.
Use unemployment contributions to return to your country of origin
There are two possible situations in which a foreign worker can collect unemployment in their country of origin:
1) The Programa de Retorno Voluntario (Voluntary Return Program or APRE) for foreign workers from certain non-EU countries
Foreigners who are receiving unemployment benefits and are from Andorra, Argentina, Australia, Bolivia, Brazil, Canada, Chile, Colombia, Ecuador, United States, Russian Federation, Philippines, Japan, Morocco, Mexico, Paraguay, Peru, Republic Dominican, Tunisia, Ukraine, Uruguay, Venezuela, El Salvador, Republic of Korea and Republic of Cape Verde; can take advantage of the Voluntary Return Plan (APRE), which consists of the accumulated and early payment of this benefit in the event of returning to their countries in exchange for a commitment not to return to work in Spain for at least three years.
2) Recognition of unemployment contributions for European workers
On the other hand, European foreigners may use contributions made in Spain to request unemployment benefits in other EU/EEA countries through form U1.
Beneficiaries and requirements.
Foreign workers referred to in the sole article of Royal Decree-Law 4/2008, of September 19, who meet the following requirements may be beneficiaries of the payment of the contributory unemployment benefit, in the form of accumulated and advance payment:
- a) Be registered as job seekers in the corresponding Public Employment Service.
- b) Being in a legal situation of unemployment as a consequence of the termination of the employment relationship for any of the causes provided for in the section. 1, art. 266 Royal Legislative Decree 8/2015, of October 30 .
- c) Have recognised entitlement to contributory unemployment benefit, without combining it with part-time work.
- d) Assume the commitment to return to your country of origin and not to return to Spain within a period of three years to reside and/or carry out a lucrative or professional activity on your own or as an employee.
- e) Not be subject to the cases of prohibition of leaving the national territory provided for in the immigration legislation. For these purposes, the State Public Employment Service must collect the appropriate information from the General Directorate of the Police and the Civil Guard, which must be provided immediately.
