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How are temporary residences and work permits applied for?<\/h2>\n
The residence and work permit is a temporary authorisation<\/strong> of residence and permission to work issued to someone who does not reside in Spain, enabling an employer to hire them. The requirements that must be met are the following:<\/p>\n– The worker must not be a citizen of the European Union.<\/p>\n
– The worker must not be irregularly in Spain.<\/p>\n
– The worker must not be prohibited from entering Spain.<\/p>\n
– The worker must not be within the term of commitment to return to Spain that they have assumed upon voluntarily returning to their country of origin.<\/p>\n
– The corresponding fees for processing must be paid.<\/p>\n
– The national employment situation allows hiring.<\/p>\n
– A contract signed by employer and worker must be presented.<\/p>\n
– The conditions of the contract must comply with current regulations.<\/p>\n
– The employer is registered with the Social Security Regime.<\/p>\n
– The employer has financial means.<\/p>\n
– The worker has the training and professional qualifications for the position.<\/p>\n
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Can the worker be the sole partner and administrator?<\/h2>\n
In Spain, limited companies<\/strong> do not have a minimum limit on the number of partners, so there can be a single partner. This partner may perform the function of the administrator, in which case, depending on the circumstances, he may have the labour or commercial relationship with the company.<\/p>\nAccording to article 136 of the General Law of Social Security, individuals can be registered if they meet these two requirements:<\/p>\n
– That they perform functions that do not involve the management of the company.<\/p>\n
– That they do not have control of the society.<\/p>\n
If these two requirements are not met, you must process the registration as a self-employed worker.<\/p>\n
The directors and administrators of a limited company may have an employment relationship with it, by signing an employment contract, but they will not be entitled to unemployment benefit.<\/p>\n
As a consequence of all the above, it is essential, if you want to set up a limited liability company in Spain, to have the advice of an expert lawyer in tax and commercial matters to help you:<\/p>\n
– Choose the form of company that best suits your case.<\/p>\n
– Comply with the regulations regarding the existence of workers in the company.<\/p>\n
– Establish the relationship of partners and administrators to the company.<\/p>\n
– Comply with the legal and fiscal obligations of the company.<\/p>\n<\/div><\/div><\/div><\/div><\/div>