As many of you know, a job offer is essential to obtain a residence and work permit in Spain. With a few exceptions, such as the EU citizen’s family card or family roots, for the rest of the permits it is an essential requirement to have a good job offer, and as you already know, it is not easy to get an employer to provide you with the much sought-after offer. Obviously, the social roots procedure itself makes a “real” offer practically impossible, as you go to a job interview, and if they like you, go and tell them that to hire you they first need to complete a procedure that currently, in Barcelona and Madrid, is taking more than 7 months to resolve, and see what the human resources department of that company has to say.
In other words, the paradox of all this is that the Administration requires you to present a “real” offer when the very procedure that establishes the only ways to obtain job offers makes it impossible for an ordinary employer to put up with such a long process.
The only ways to get job offers
Therefore, in the end, the only ways to get job offers are the following:
1.- Through mafias that sell offers: an option that for obvious reasons we do not recommend for anything in the world. The reason is obvious, they are usually companies that are not doing well in their own business, and that once made a job offer to a foreigner in exchange for money, and it went well, and they think they have found an easy way to earn a lot of money and so they start to offer more people, but obviously by not complying with the main requirement, which is to maintain the contract for at least 1 year, the Foreign Office puts the employer on a “black list” of non-compliant offerers, and therefore, they will be denied the next offers they make.
2.- Through family and/or friends: That is, a friend tries to help you by providing you with a job offer to get you out of trouble. Although this is a better option than the previous one, it is not very recommendable because it is still not real, and in the end it ends up causing problems (who pays the contributions, how long the contract lasts, etc.), especially when it comes to meeting the requirements for renewal.
3.- Through an employer with whom you have been working in the black for some time: In other words, the Administration cannot expect you to have been living irregularly in Spain for 3 years, and for those 3 years you have been living off the air. Obviously, you have had to work to be able to eat, and the only way you can do that is on the black. Well, if you have been working with an employer for some time, even if it is irregular, it is true that often a bond is created so that, after a period of time in which they check that you are working well, they decide to support you and offer to legalise your work. Obviously, this is the most advisable option, since, regardless of whether there is a previous irregular relationship, in the end it ends up being a real offer, with a real job, and that in the future will make it easier for you to renew your permit.
But, once you have the offer, what does it have to be like? What requirements must it meet?
We answer your doubts. The requirements must be the following:
Contract of minimum duration of 1 year.
The working day must be full time. However, we can present 2 or more offers, as long as they are for the same activity, and the sum of the contracts is a minimum of 30 hours and the total of the Minimum Interprofessional Wage is received on a full-time basis.
The salary must be stated in figures. That is to say, typical expressions such as “according to agreement” or “SMI” are not valid, and if you receive the minimum wage, for example, you must indicate that your salary will be 13,600 euros per year.
There must be a clause stating that the contract will be conditional on obtaining a residence and work permit.
Remember that the job offer must be maintained until the residence permit is granted. If, for whatever reason, the employer backs out of the offer before the permit is approved, you cannot save the process by making a new job offer, but will have to start the whole process again from scratch.
However, if you need legal advice on social roots or other immigration issues, do not hesitate to contact Extranjeristas on 931454520.