Article 72. of Law 14/2013, of September 27, describes the procedure for obtaining a residence and work permit for researchers. This work permit has two types, EU researcher and national researcher, and can be requested whether the researcher is in Spain in a regular situation or in their country of origin.
If the researcher is in Spain, the initial request corresponds to the company and involves the payment of Tax 790 038. This request is submitted by electronic means to the Unidad de Grandes Empresas.
If the researcher is outside Spain, the company makes the request in the same terms as in the previous case and, once authorization is obtained, it is sent to the researcher for that he can apply for a residence and work visa at the corresponding consular office.
It is a type of permit that is recommended when the researcher is in national territory, as long as the contracting department approves the payment of the corresponding fees, because it can be processed without the researcher having to travel to a Spanish consular office, in an short time frame.
It is also recommended in cases where the researcher has family members, as long as the contracting department approves the payment of the corresponding fees, because it allows family members to process a residence and work permit jointly.
On the other hand, article 117 of Royal Decree 557/2011, of April 20, provides the procedure for requesting residence authorization and exception to the work authorization. It is a type of permit that can be requested whether the researcher is in Spain or outside Spain, and does not involve fees for the contracting department.
If the researcher is outside Spain, he/she must apply for a residence visa and exception to the work authorization at the corresponding consular office.
IF the researcher is in Spain on a regular basis, they must request an appointment at the Foreigners Office and submit the application.
This permit is especially recommended if the researcher is in the country of origin, because it is not necessary to process a prior work authorization (as in the previous case) and the visa can be applied for directly at the Spanish consular office .
It is also advisable if the researcher will not travel with family members, because in this type of permit the resolutions of holders and relatives are not always joint and the permission of family members does not entitle them to work.
The International Support Service, can provide information and support to obtain these permits. Please, contact us email@example.com for more information.