Royal Decree 1155/2024, of November 19, which will enter into force on May 20, 2025, introduces a new regulation on visas in its Title II, covering articles 25 to 46. This title establishes and clarifies the different types of visas, which are as follows:
Chapter I, begins with its art. 25, which defines that: "The visa is a document issued by the competent authority of the Ministry of Foreign Affairs, European Union and Cooperation, which entitles its holder to present himself/herself at a border crossing point authorized for this purpose in order to request entry into Spanish territory for the purpose of stay or residence, or to transit through the international transit zone of a Spanish airport".
Where and how to submit visa applications?
The presentation of visa applications and their collection shall be carried out in person at the consular office in whose demarcation the entitled person resides. Consular offices shall be understood to be Consulates General, Consulates and Consular Sections of Diplomatic Missions.
Visa applications may also be submitted at the premises of an external service provider with which the Ministry of Foreign Affairs, European Union and Cooperation has a service concession contract.
Nowadays, many Embassies with Consular Section or Consulates are using the international BLS service, being the service provider for the reception of documentation of the applications for the different residence or stay visas.
Applications may also be submitted electronically through the specific processing applications that exist.
Visa applications may be submitted and collected through a duly accredited representative when so provided for in Spanish regulations and European Union law.
Exceptionally, when the interested party does not reside in the town where the consular office is located and there are proven reasons that hinder travel, such as distance from the office, transportation difficulties that make the trip especially burdensome or proven reasons of illness or physical condition that significantly hinder mobility, it may be agreed that the visa application may be submitted by a duly accredited representative.
Visa applications may also be submitted at the premises of an external service provider with which the Ministry of Foreign Affairs, European Union and Cooperation has a service concession contract.
Nowadays, many Embassies with Consular Section or Consulates are using the international BLS service, being the service provider for the reception of documentation of the applications for the different residence or stay visas.
What are the grounds for refusal of a visa?
a) When compliance with the requirements for its issuance is not evidenced.
b) When, in support of the visa application, false documents have been submitted or inaccurate allegations have been made, bad faith is involved, or the application involves fraudulent misrepresentation of the law.
c) When there is a legally established cause of inadmissibility that had not been appreciated at the time the application was received.
d) When the consular office is convinced that the identity of the persons, the validity of the documents, or the veracity of the reasons alleged for requesting the visa are not undoubtedly accredited. In the event that an interview has been held, a copy of the record shall be sent to the administrative body which, where applicable, had initially granted the authorization when such body requires it.
The following types of visas are established:
- Airport transit visaIt allows its holder to transit through the international zone of a Spanish airport without entering the national territory. It is issued only for stopovers or flight connections.
- Short-stay visa: Authorizes stays in Spain of up to 90 days within a period of 180 days, without permission to carry out work activities.
They can be:
(a) uniform visa
b) visa with limited territorial validity
Can the short-stay visa be extended? The answer is YES, provided that:
(a) Existence of humanitarian reasons or force majeure preventing the person from leaving Spanish territory.
b) If the visa holder demonstrates the existence of serious personal reasons that justify the extension of the validity of the visa or the duration of the stay. - Long-stay visaLong-term visa: Issued for stays of more than 90 days for specific purposes such as studies, volunteering or training activities.
a) Pursuit of higher education studies in a recognized institution or center of higher education in Spain, within the framework of a full-time program, leading to the award of a recognized higher education degree.
b) Completion of post-compulsory secondary education studies in an authorized educational institution in Spain, within the framework of a full-time program leading to the award of a recognized degree.
c) Participation in a student mobility program in order to follow a compulsory or post-compulsory secondary education program in an officially recognized educational or scientific institution.
d) Provision of a volunteer service within a program pursuing objectives of general interest for a non-profit cause in which the activities are not remunerated, except in the form of reimbursement of expenses, pocket money or both.
e) Carrying out training activities.
4. Residence visa: Aimed at those who wish to reside in Spain for non-working reasons, such as family reunification or humanitarian reasons.
The following are requirements for the granting of a residence visa:
a) That the foreigner provides the application form, duly completed and signed.
b) Not to be irregularly in Spanish territory.
c) Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in such sense.
d) That the foreign person provides a valid passport or travel document, recognized as valid in Spain, with a minimum validity of one year.
e) In the case that the applicant is of criminal age, to lack criminal record in the countries where he/she has resided during the last five years for crimes foreseen in the Spanish legal system.
f) That the foreigner is the holder of an initial authorization of residence and/or work, when this is required.
g) That the foreign person complies with the specific visa requirements established in the procedure for each type of authorization.
h) That the foreigner has paid the visa processing fee.
i) That the foreigner provides a medical certificate in order to prove that he/she does not suffer from any of the diseases that may have serious public health repercussions.
5. Extraordinary visa: Issued in exceptional circumstances related to foreign policy or national security.
The Ministry of Foreign Affairs, European Union and Cooperation, in order to meet extraordinary circumstances and in order to comply with the purposes of the foreign policy of the Kingdom of Spain and other Spanish public policies or those of the European Union, especially immigration policy, economic policy and national security, public health or international relations of Spain, may order a consular office to issue a residence visa, which may have a maximum validity of one year.
6. Visa for seeking employment: Authorizes foreigners to reside in Spain for a period of 12 months to seek employment.
The visas for the search of employment will authorize the foreigner to travel to Spanish territory for the search of employment during a period of residence of twelve months. During this period, in the case of obtaining a contract, the employer must submit an application for an initial authorization for temporary residence and work as an employee in favor of the foreigner, in accordance with the provisions of Article 73.2.
The visas for seeking employment shall be of one of the following classes:
a) Visas for the search of employment directed to children or grandchildren of Spanish of origin.
b) Visas for seeking employment in certain occupations and territorial areas.
The requirements for obtaining the visa shall be those established in Article 38 and the specific requirements established in the ministerial order approving the collective management of hiring at origin.
Once in Spain, in the event of obtaining a contract, the procedure provided for in article 77 for the processing of the initial authorization for temporary residence and work as an employee will apply without the need to obtain a visa, except for the maximum period for resolving and notifying, which in this case will be ten days.
The presentation by the employer of an application for an initial authorization of residence and work as an employee during the validity of the visa for the search of employment will extend the validity of the residence status of the visa holder until the resolution of the procedure.
The effectiveness of the granted authorization will be conditioned to the subsequent affiliation and registration of the worker in the Social Security within one month from the notification made to the applicant. Once the condition is fulfilled, the authorization will become effective and will be considered as an initial authorization of residence and work as an employee.
It is important to note that the new regulation seeks to simplify and clarify the regulation of visas, assigning to the consular offices the assessment of the general requirements for their issuance, while the specific requirements for each type of authorization will be assessed by the competent immigration office.
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