Non-EU looking for advice

Hello,

I am a Canadian who was hired by a Spanish company and have been in the country over 6 months. The company had promised to get a work permit for me and help get a Visa so I could be legal. They have since dropped the idea and don't seem to want to help any more.

We can't afford to go back to Canada now and are technically here illegally. We have roots in the country now (rental contract, rental car, etc...). Is there any way we can apply for residence without going back home? We own an online marketing business in Canada and would like to operate in Spain. What can we do to do it legally?

Any help you can provide would be appreciated.

Thanks

Hello canuck1,

You have entered Spain with a tourist visa. Even if there was no need to physically request it , it is still considered a tourist visa and therefore you have a maximum stay period of three months in Spain. After this you will be illegally here. You cannot change a tourist visa for a salaried work and residence permit. You are right in that the employer needs to request this permit in Spain, but in the meantime, you must be in your home country. Once you receive the approval, you must go to your nearest Spanish Embassy / Consulate and request the corresponding visa. In order to operate your online marketing business, I suggest you request a self employed work and residence permit but again, you must do this from abroad. Not whilst being in Spain and especially, illegally. This will result in a denied permit. For more information on the requirements for any of the permits, you can PM me.

With regards to the employer’s failure to offer you the agreed job and the corresponding permit arrangement, it is difficult to know whether you can seek any compensation without having more details. We would need to see the job offer and have full details of what was agreed in writing in order to assess this.If you would like more advice on the matter, I would suggest that you contact any of our litigation lawyers at Lawbird.