Unlike hiring a Spanish national, hiring a worker from another country requires additional paperwork.

Hiring a foreigner from the European Union (EU) is not the same as hiring a worker who is a national of one of the countries that are part of the Schengen area. It is important to make this distinction to avoid confusion.

In the case of EU citizens, Spanish companies do not encounter any difficulties in the hiring and selection process. This is because they do not need any authorisation to carry out their professional activities within the legal limits of Spain. However, the situation is different for citizens from outside the EU.

More and more people want to move to Spain in the hope of finding better job opportunities, so many companies are considering the best way to hire workers from other countries.

In many cases, hiring foreigners can be beneficial for a company, as they can bring skills and competitiveness that contribute to its growth.

On the other hand, they can also bring new perspectives to the company culture, as well as more experience and, in some cases, even language skills. In addition, they can bring more talent and training that the company may not have in its current team.

When hiring foreign workers, especially if they are not nationals of any of the countries that make up the European Union, Spanish companies must follow certain procedures and meet a series of requirements.

Whatever your situation, in this article we explain how to integrate non-EU foreign workers into your company's team.

Differences between community and non-community workers

It is important to understand that hiring a foreigner from the European Union is not the same as hiring a worker who was not born in a country belonging to the Schengen Area.

In the first case, as they are EU citizens, hiring and selection do not pose any problems for the company, as they do not need any permits to carry out their professional activities in Spain. Hiring non-EU workers is more complex, and the Human Resources department will play a key role, as it will be responsible for the entire process.

Conditions for hiring non-EU foreigners

The conditions for hiring foreign personnel from outside the EU will vary depending on each individual's situation.

There are three possible situations that the HR department may encounter:

• Without a residence and work permit: it is essential that non-EU citizens have a residence permit (at least temporary) and a work permit. In this case, the company must take the necessary steps to ensure that the professional obtains the relevant documentation.
  
• Temporary residence permit for scholarships or studies: foreign students may work part-time or full-time, provided that the schedule is compatible with their studies. In most cases, these permits are valid for a maximum of three months.
  
• Foreigners with residence and work permits: this is the simplest way to hire non-EU foreign workers. However, you must ensure that this permit is valid, as it is valid for one year and must be renewed periodically.

Types of work permits

Taking the above into account, there are four different types of work permits:

• Temporary residence permit with work permit: authorises the foreign national to reside and work temporarily in Spain.
  
• Permanent residence permit: with this document, immigrants can work and live in the country indefinitely. However, they must prove that they have held a temporary permit for five consecutive years, in addition to meeting certain legal requirements (no criminal record, no history of irregular stay, and no ban on entering Spain).
  
• Self-employment work permit: this benefit is intended for foreigners who wish to set up a commercial activity for profit on their own account.
  
• Work permit for employed persons: this grants non-EU foreigners the possibility of working for more than 90 days in Spain as an employed person. The procedure is carried out by the employer or the company.
  

Although the documentation may vary depending on the characteristics of the procedure, in most cases you will need the employer's ID card or tax identification number, the original and a copy of the employment contract and a copy of your passport or travel document.

Conclusion: How to hire non-EU foreign workers?

There are several reasons why it may be necessary to hire non-EU foreign staff.

A professional with the skills you have been looking for, someone with good references from other jobs, the need to hire workers who speak different languages... In any case, we recommend outsourcing the search.

This is because there are a number of conditions and requirements that may escape the HR department, especially if they have never hired employees born outside the Schengen area.

If you use an external consultancy, you will probably get the advice you need to avoid any problems during the selection and recruitment process.

This type of service will allow you to forget about these procedures altogether, which can sometimes be complicated if you do not pay close attention to the requirements you must meet or if you do not have an HR department with in-depth knowledge of how to obtain the appropriate permits for each case.