How can I hire a foreign person in Euskadi is a frequent question for employers who nowadays suffer a lack of labor in sectors such as hotel, maritime, mechanics.
In Euskadi we need to hire sailors, baristas, experienced waiters, machinery maintenance technicians and elevators in a legal way. The reality is that the local population does not fill these positions.
As of 2022 the Law on Foreigners has made it easier to hire foreigners legally. That is, the foreigner comes directly from his country to fill a job vacancy.
Today it is possible for a person, whether from Latin America or another country, to come to the Basque Country to work with his or her “papers” already sorted out. From the beginning.
Learn more here!
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MORE INFORMATIONNo need to wait 3 years and use the figure of social roots.
Steps to hire a foreigner in the Basque Country
To hire a foreigner directly from their country of origin and in a legal manner, it is necessary to follow the following steps:
1- Check that in the national employment situation there is no person registered in the SEPE or Lanbide who can carry out this work.
- If the worker comes from Chile or Peru, or is the son or grandson of a Spaniard of origin, it will not be necessary to take into account the national employment situation.
- Publish a job offer in Lanbide or in the SEPE, in the empléate portal.
- The offer must be precise and adjusted to the job requirements (for example “elevator maintenance technician in Bizkaia”).
- Lanbide or SEPE will advertise the offer for 8 days in all their job portals.
- After 8 days, the employer will communicate the result of the candidates admitted or not and their reasons, received from all over Spain.
- In 3 days, the SEPE or lanbide will publish the certificate of insufficient applicants.
- The Foreigners’ Office will evaluate the relationship between the number of workers made available to the employer and the job offered by the employer in order to grant the foreigner’s work authorization as an employee.
- The Foreigners’ Office of Bizkaia or Gipuzkoa or Araba must receive the resolution of Lanbide or the SEPE along with the application of the job offer together with the procedure for the application for authorization to work as an employee.
2- Employee requirements
- Not to be irregularly in Spanish territory. For people in irregular situation we will have to go to the social roots once three years have elapsed.
- To be in a regular situation does not mean to be a tourist and to start working within the initial 90 days of stay.
- It is necessary that the employee travels with a visa that authorizes him/her to work.
- No criminal record in the last 5 years or in the previous countries of residence.
- Have the necessary professional qualifications to perform the position.
- To have completed the non-return commitment period.
- Pay the corresponding fee as an employee.
3- Requirements of the employer
- To be registered with the Social Security and be up to date with the payment of their tax and Social Security obligations.
- Offer an employment contract above the SMI or the applicable agreement.
- To have the economic means and capacity to create employment.
- The economic means are demonstrated with the sufficiency for the payment of the salary and additionally, that the employer has an amount in account superior to 100% of the IPREM.
- To have filed corporate income tax or VAT and personal income tax if self-employed.
4- Effects of the initial authorization to work as an employed person
- The authorization is subject to the geographical scope of the autonomous community.
- That is to say, the hired person will not be able to work in another autonomous community other than the Basque Country.
If you have any doubts about the requirements of the offer or the procedure to obtain the authorization, do not hesitate to write to us.