If you are planning to move to Spain, work in the audiovisual; industry and apply for a resident here are some of the frequently asked questions with answers provided by Spanish lawyer, Marc Fernández de la Peña, Head of Immigration Area. AGM Abogados.

1. If the person is coming to Spain for a period of less than 90 days, should he/she apply for a visa? And in this case, what type of visa should be applied for?

Only nationals of countries where there is no visa requirement should apply for a uniform Schengen visa by selecting the option “other: audiovisual work”.

• If I am a national from a country exempt of visa for a stay of less than 90 days, do I have to consider any procedure or requirement before starting the audiovisual activity in Spain?

Even if the foreigner is exempt from visa requirements, he/she must apply for a foreigner identification number (NIE), a social security number and proceed to the corresponding registration.

• If the employee does not have a Social Security number, how can he/she obtain one?

It can be obtained by the recruiting company through the RED System, to which all employers are authorized, or through the CASIA application in those cases in which the worker’s nationality is different from the European Union.

• What documentation do you need to submit to apply for a membership number for stays of up to 90 days?

A document that proves the labour or professional relationship with the company that hires or transfers the foreigner or documentation that proves that the foreigner is part of a production project in the audiovisual sector or artistic activity before the public or intended for the recording of any kind for broadcasting by different mass media.

Also, an identification document showing the NIE number or a copy of the passport and, if available, proof of having applied for the NIE or, failing that, a responsible statement on the reasons preventing such provision and the commitment to provide the NIE once it is obtained.

If they come from a country for which a visa is required by EU regulations, a copy of the Schengen visa shall be submitted, including the reference that it corresponds to the audiovisual sector.

• Is there a specific salary for the position to obtain the residency or stay as a professional in the audiovisual sector?

There is no minimum salary than that established by the collective bargaining agreement for the position, as is the case for other permits such as qualified professional leave.

• If the foreigner will stay more than 90 days in Spain to carry out the audiovisual activity, what should he/she take in consideration?

In these cases, the foreigner must apply for an authorization of stay (if the project lasts up to 180 days) or residence (if it lasts more than 180 days) for the audiovisual sector before the Large Companies and Strategic Collectives Unit (name of the foreigners’ unit).

• If I am in Spain on a stay status (90 days / 180 days) and the project is extended, can I stay longer in Spain and apply for an authorization from here?

If you intend to apply for an authorization of stay (up to 180 days) you must apply for the authorization within 30 days of the expiration of 90 days from the date of entry into the Schengen area.

If, on the other hand, the project will last more than 6 months, you will have to apply directly for a residence permit, which you will be able to present during the whole 90-day period.

• So, what is the difference between a residence permit and a residence authorization?

The difference is in the duration of the audiovisual project. Within the documentation to be submitted is the accreditation of the audiovisual project or activity, which must necessarily be accompanied by a contract. The validity of the permit will depend on the total duration of the project. Therefore, if the project will last or is intended to last more than 6 months, the residence permit must be requested directly. You must consider that if you request a residence permit there is additional documentation, such as, for example, the accreditation of not having a criminal record.

• If the audiovisual project takes more than 6 months, the family of the foreigner asks if they can come to Spain and apply for a residence permit as relatives of the audiovisual professional, is it possible?

Yes, the direct relatives (spouse or a person with an analogous relationship of accredited affectivity, minor or adult children economically dependent of the holder, dependent ascendants) will be able to request an authorization that will be linked to that of the holder.

The authorization of residence of the family member, if he/she is of working age, will enable him/her to work both as an employee and as a self-employed person.

1. What is the maximum duration of a residence permit for professionals in the audiovisual sector?

The maximum validity will be 2 years, renewable if the relationship that led to the granting of the initial permit is maintained. If, on the other hand, the relationship ceases or the project and the contract are terminated, a new authorization must be requested to work in another company and/or project.