A new site with a resident lawyer is "20 Minutos" at Regularización
inmigrantes (in Spanish).
Getting through the Stateside consulate
I would like to have a general idea of what I should expect when I
visit the Spanish consulate in the States (I live in Houston, TX to
be exact). My second question is, should I go there before or after
I get my TEFL certfication? Also, are they going to be willing to
help me off the bat or am I going to have to be persisent, border-line
obnoxious? I know that obtaining a work visa is difficult. Basically,
my plan is to get certified, hope that leads to an interesting job
lead or hope that the Spanish consulate can (and will) lead me in
a good direction or find a job teaching English through a school over
here. I already have five months teaching in Madrid and am anxious
to return, however this time with pay and a visa. (Author: Chuvinh,
I believe)
Steve's response: I came over here with a Visa I
got because I was married to a Spaniard. I haven't had to go through
any other red tape than that. As for the second one, as far as I know,
you have to have a job offer from an academy and paperwork stating
that they need an English teacher and can't find a Spaniard to do
the job (or something like that). Then, you take this to the consulate
in the U.S. I've asked several people that deal with this sort of
thing who tell me that the consulate can turn down your application
even after you've got an honest-to-goodness job offer. In any case,
the school or academy that offers you the job has to know what to
do with this as they will likely have done it before. That's a good
place to start.
As for how to handle state workers, I don't think that getting obnoxious
will get you anywhere with Spanish civil servants. They have all the
power and authority to sink or "lose" your application, if they like,
and if they decide to do so, you will have no feasible legal recourse.
So I recommend you smile and eat humble pie. As for your plans to
work here, I would say you must be "certifiable" already, :wink: so
you'll likely find good company (we're all certified). Good luck!
(Recovered from forum)
Victoria's response : Work
Permits in Spain Consulate: I have only
had experience with the NYC Spanish consulate. I didn’t do my
initial paperwork through them, I only went there to hand in
the American papers like my medical records and police record
and my approved permission letter, so that they would give me
the visa. I am not even aware if you can apply for a work permit
from the States or if you have to be here to start the paperwork.
I remember I had to do a lot of running back and forth. Once
I started my paperwork here (which I don’t know if you can do
there), I had to go to NYC to hand in more papers there, and
then further along the process get my 3 month visa from the
NYC consulate in person. This visa is really just a formality
and doesn’t mean anything more than that you can come to Spain
for 3 months - I only used the Spanish consulate as a place
to turn in and pick up papers. The people you deal with there
aren’t interested in who you are or what you need - they just
classify your paperwork. So you can’t really get very far with
them on any permit issues. You know, don’t kill the messenger
... One thing, I don’t know how they do it there, but in NY
you have to get there really early because they only accept
a line of 15 people. One time I got there just a bit late and
was the 16th person and they almost didn’t let me in. The guy
was nice and said that I could wait all day and if there was
time at the end of the day he’d take me, and I got in. It would
have been no big deal to return the next day had I lived in
NYC, but I had a plane to catch the morning after, so I was
desperate. I guess as far as having your teaching certificate,
its more important in relation to getting the job offer since
that’s what really gets your papers in gear, but you will need
to hand in proof of your qualifications at some point to the
authorities. As I said before, I don’t know if it is the same
where you live, but I didn’t get the idea that the Spanish consulate
in NYC was going to help me at all as far as finding a job in
Spain - I don’t think they really give a hoot who you are -
I don’t think that they offer help like that, but I may be mistaken.
The only thing they lead you through are long lines ... Whatever
you do, make sure you bring your patience along with you. (from
forum)
Victoria comments (I believe. from h@cked forum) It’s
a definite benefit if you have some money saved up so as not
to find yourself here and desperate. Getting your work permit
is a long process even if they approve it - you still have to
get through the first few years struggling a bit. It is worth
the wait, but it is important to know and understand that you
don’t just come and start working with a permit – it’s highly
unlikely - you may have to find jobs that pay under the table
until things pan out or hold out if you can. Don’t discard the
idea of getting your permit for another job other than teaching.
That’s how I got mine. I didn’t get it for a teaching job -
I got it for a job in production. After you get your first permit,
it’s easier to work in other things - imagine, if you got your
permit for working in a production job but after three months
they fire you ... you have to keep working, no? So, if you then
work as a teacher (with a contract) there is no problem - or
in a bar or wherever. They ask for all types of qualifications
before, in order to get your permit, but once you have it, things
are much easier. The most important things to make sure when
get your papers in motion are: The offer must be full time job
not part time. The offer must specify that you are the only
one or the best one for the job and why (for example, my offer
for work specified that my boss needed someone who spoke Spanish,
English and Italian which that in combination with my production
experience made me very special for the job) - you will most
likely have to prove your ability to fulfil these characteristics,
but it is unlikely that the govt will go to the company and
make sure that you are there doing exactly what your contract
says ... if you catch my drift. You have to be a bit creative
here. The offer should be for a year-long contract, not 6 months
or three, one year (The company can put a trial period of 3
months on the contract to protect them), if not, don’t bother
handing it in. If I think of anything else, I’ll add it in later,
but those are some important things that you must have on your
job offer letter of intent, or contract. Many people get denied
for these simple details.
Victoria comments: Desperately seeking work permit
.... question and answer. Here are some questions that I have been
asked and my ever-so-humble answer - or more precisely, opinion ....
I post these for anyone else with the same questions and for anyone
with answers to add in!!! QUESTION ... I left Spain
because I wanted to play by the rules. I had left once (to England
as it’s not a Schengen State) and when I got back to Spain they already
gave me a funny look since I was only in London a week.
I am a bit
paranoid of getting in trouble (ie deported) as I want so badly to
stay there ....
OPINION, NOT ADVICE First of all, don’t stress
out. I understand your feelings perfectly, we’ve all gone through
being worried about being here and not having everything straightened
out. But then, I realized that it’s meaningless to worry, because
you can’t really do anything but wait sometimes, until the opportunity
comes along. I was talking to a friend of mine this weekend,
who is a police officer and has worked in "extranjeria". I asked
him if they have ever kicked out an American English teacher
(for example) and he said - never. He said that they go after
companies who promise foreigners work contracts which are basically
a scam - these people get paid a ton of money from the foreigner,
and create a company from day to night just to write the contract,
and then disappear. He said that they really never go after
the little guy especially not North Americans - even regarding
the foreigners who try to get permits with these scams, he said
that unless they get cocky with them, they usually let them
off - considering that he or she is just a "pobre inmigrante"
looking to survive. So that should at least make you feel better
about being here without a visa. It’s a catch 22 because you
have to be here to find a job or a contract, yet supposedly
you aren’t supposed to be here. Frankly, the first thing I learned
is that you have to play by the rules up to a certain point
- and sometimes you just have to have a little "morro" as they
say here. I highly doubt that they would deport you. Like I
said before, they don’t usually hunt down people arbitrarily
- you have to do something illegal or really call their attention
before they would deport you. I’m not advising that you don’t
play by the rules, just sharing my opinion.
QUESTION: Most of all I want to work legally and maybe do more than just have private students. For me, instead of running all over town from student to student, it would be great to have a 9-5 job, ya know?
Victoria: ANSWER: (OPINION) I know that running around
with students is a hassle, but just as an aside, the 9 to 5 jobs here
don’t pay very well!! But they will get you your permit if you find
the right one. Once you have your initial permit, everything is much
easier, and after you renew it once, you can go Autonoma, or cuenta
propia - if you have proof that you have clients. As I said before,
I got my initial permit with cuenta ajena, and by coincidence ended
up working at the company after all - she was a student of mine, owner
of a company and wrote me a contract to work there, or an offer -
saying that I was the only one for the job. And then I ended up working
there anyways - 9-5 job in communications - Sometimes it’s a case
of just meeting good people, or the right person. I’m glad I’m back
to teaching, frankly - but, it worked for me, yet it was very low
paying. So, when I wanted to change to cuenta propia, they told me
that I needed to have renewed my initial permit once, and then I could
get the autonomo permit. That’s why I think it’s difficult that they
would give you your initial permit as cuenta propia. Does anyone you
know own a company or know anyone in his family that does? Can they
offer you a job?
QUESTION: It also seems to me that for some
bizarre reason, people try not to get into govt. paperwork of
any kind. I mean, I work also at an English Academy and they
were (along with all the other I talked to and had to turn down
some job offers because of it) basically unwilling to do paperwork
to get me papers. However, they are waiting for me to return
and holding classes for me. It just seems like everyone would
prefer that I stay illegal (or they couldn’t care less) in order
to save themselves the trouble of paperwork.
Victoria: ANSWER: (OPINION) "GUELCOME TO ESPAIN"
: As far as the academies go, they don’t want to give you a
contract for one simple reason. They have to pay around 300
euros or more per month for your social security if they employ
you. They don’t tell you that, but that’s why they want teachers
to be autonomos. That way you pay your SS and they don’t have
to pay it. You can beg and plead with these people, and maybe
bargain a contract. If they are nice people, they might do it
- some companies do offer contracts. Some will do it for you,
but only if you pay the SS (which is ILLEGAL to do to you, by
the way) but some do it that way, you get your permit and they
don’t have to pay the social security, but it’s expensive and
if they don’t pay you much per hour, you may find yourself frustrated.
AGAIN, THIS IS NOT LEGAL. So if anyone tells you that you HAVE
to pay them your Social Security, don’t buy it! It would have
to be your decision if you want to go that route. BY THE WAY
.... If anyone gives you an offer or a contract make sure that
it reads work for a year with a 3 month or 4 month trial period.
If it doesn’t specify that they want you for at least a year,
they won't give you the permit. Companies don’t usually offer
contracts for a year even to Spanish people, but that’s where
the 3 month trial period comes in, because it protects them
too - they can let you go without paying indemnization fees,
but if you work there for a year and after 7 months they want
to fire you they could be subject to paying you severance pay
and they don’t want to put themselves in that position. This
way it protects them and gives you the specifications you need
to get your permit.
Work Permits Spain:
Work Permits - Spain
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