With high-level leagues in various disciplines and a first-rate sports infrastructure, the country has become an epicenter for international sports talent. From soccer and basketball to tennis and cycling, Spain offers an ideal competitive environment for developing a successful sports career.
However, for a foreign athlete to be able to compete and work in the country, it is mandatory to comply with a series of legal requirements, including having a residence and work permit for professional athletes in Spain. Without this, neither the athlete nor the entity that hires them will be able to operate within the Spanish regulatory framework, which could result in sanctions or the inability to compete in official events.
Are you interested in learning more about this topic? Then this is the ideal article for you! We are going to explore in detail what this residence and work permit for athletes is, what requirements it involves, how it is obtained and what benefits it offers for both athletes and sports organizations.
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What is the residence and work permit for professional athletes in Spain?
The residence and work permit for professional athletes in Spain is a legal authorization that allows foreign athletes to carry out their activity in Spain under a contract with a Spanish sports entity. This permit is compulsory for all those who do not have the nationality of a European Union country and wish to compete in official leagues or tournaments organized within Spanish territory.
This permit is managed by the club, federation or sports entity that hires the athlete and is generally valid for the duration of the employment contract. Once the contract has ended, the permit can be renewed if the athlete continues to be linked to a Spanish sports entity or, failing that, they must leave the country if a new authorization is not processed.
Types of permits available for athletes
Depending on the nature of the contract and the employment relationship, there are two main types of residence and work permits for professional athletes in Spain:
- Fixed-term permit: This permit is granted for the exact duration of the athlete’s contract. At the end of this period, the athlete must renew the authorization if he or she continues with the same entity or, failing that, return to his or her country of origin.
- Permit for employed persons: This permit is requested by the sports entity that hires the athlete and can be extended if the athlete continues to be linked to a professional activity in Spain.
Differences between professional athletes and other sports groups
It is important to distinguish between professional athletes and other groups within the field of sports. This permit not only applies to elite athletes, but also to coaches, physical trainers and other members of the coaching staff, provided they have a federation license and are contracted by a recognized entity in Spain.
On the other hand, amateur and semi-professional athletes, or those who participate in recreational sports activities, are not eligible for this permit. In these cases, it is necessary to apply for another type of visa, such as a visa for a stay for sports studies or sports exchange programs.
Requirements for obtaining the residence and work permit for athletes
In order to apply for this permit, both the athlete and the contracting entity must comply with a series of administrative and legal requirements.
The purpose of these requirements is to guarantee that the contract is carried out within the Spanish regulatory framework, ensuring that the athlete has access to labor rights and social protection. In addition, these controls seek to avoid situations of labor fraud or irregularities in the hiring of foreigners.
Documentation required to obtain the sportspeople permit
The application process for this permit requires the presentation of various essential documents, both by the sportsperson and by the sports entity that hires them.
The basic documentation includes:
- Form EX-06: The form EX-06 must be completed and signed by the sports entity requesting the permit.
- Copy of valid passport: The athlete must present an up-to-date copy of their passport.
- Employment contract: This must include an official contract signed by the athlete and the sports organisation, specifying salary conditions, the duration of the employment relationship and other relevant details.
- Federation certification: It is essential that the athlete has a federation license that enables them to compete professionally in Spain.
- Documentation of the contracting entity: The tax identification number (CIF) of the company or club must be provided and proof must be provided that the entity has the legal capacity to contract foreign athletes.
Having the documentation in order from the beginning of the process avoids unnecessary delays and increases the chances of the application being approved without inconvenience.
Application process and permit deadlines
The application process should be started in advance, as processing times may vary depending on the administrative workload of the Foreigners Office.
Steps for the application:
- Submission of the application: The sports entity must submit the documentation to the Foreigners Office of the province where the sports activity will take place.
- Evaluation of the application: The Administration will review the documentation and verify that all the requirements are met.
- Response time: The maximum resolution period is three months. If no response is received within this period, the application will be considered denied by administrative silence.
- Obtaining the visa: If the application is approved, the athlete must apply for a residence and work visa at the Spanish embassy or consulate in their country of origin.
- Arrival in Spain and registration with the Social Security: Once in Spain, the athlete must register with the Social Security and obtain their Foreigner Identity Card (TIE, in Spanish) from the National Police.
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Legal procedure for hiring foreign athletes
The recruitment of foreign athletes in Spain is a process that requires compliance with a series of legal and immigration regulations to ensure that the athlete can carry out their professional activity without inconvenience. Both clubs and sports federations that wish to recruit international talent must be fully aware of this procedure, as an error in the processing could delay the athlete’s incorporation or, in the worst case, invalidate their contract.
Compliance with Spanish immigration and employment legislation is key to the athlete being able to reside and compete in the country legally. In addition, proper document management will avoid penalties and facilitate obtaining a residence and work permit without unnecessary delays. Below, we analyze the main aspects involved in this process.
National employment situation
One of the determining factors in the approval of a work permit for foreign athletes in Spain is the national employment situation. In general terms, Spanish regulations state that, in order to hire a foreign worker, it is necessary to demonstrate that there are no Spanish or EU candidates available to fill the position.
However, in the field of professional sport, this criterion is often relaxed, as many disciplines require highly specialized profiles that cannot always be filled with local talent. To facilitate the process, the List of Occupations Difficult to Fill regularly includes professional athletes, which exempts sports clubs and organizations from the obligation to justify the hiring of a foreigner.
This recognition is fundamental for speeding up the processing of work and residence permits, allowing foreign athletes to be hired without major restrictions and favoring the exchange of talent in the sports field.
Associated fees and costs
The process of applying for a residence and work permit for professional athletes involves the payment of various administrative fees, both by the athlete and by the contracting club or sports entity.
The main fees to be paid are:
- Form 790: This fee is the responsibility of the athlete and must be paid at the time of processing the permit.
- Form 990: This fee is paid by the contracting entity and its amount varies according to the athlete’s salary. If the remuneration is more than double the Minimum Interprofessional Salary (SMI), the fee will be higher.
These fees must be paid within ten working days of submitting the application. Failure to comply with this requirement within the established time may result in delays in processing or even refusal of the permit.
Benefits of having a residence and work permit for athletes
Obtaining a residence and work permit in Spain for professional athletes not only allows the athlete to compete legally in the country, but also grants them a series of rights and protections that guarantee their well-being during their stay. In addition, having this permit benefits sports organizations, as it facilitates the hiring of foreign talent without administrative setbacks or legal risks.
For athletes, this permit represents a guarantee of job stability and security, allowing them access to essential services such as social security and protection against work-related accidents. For clubs and federations, it is a safe way to formalize contracts without exposing themselves to sanctions or limitations on the participation of their athletes in official competitions.
Rights and obligations of professional athletes
By obtaining a residence and work permit, professional athletes in Spain acquire a series of fundamental rights that guarantee their integration and protection within the Spanish labor system. Among the main benefits are:
- Access to social security: This includes health care, coverage in case of work-related accidents and the right to disability or retirement benefits.
- Fair working conditions: Athletes are entitled to a regulated contract, with protection against unfair dismissal and access to social benefits.
- Family reunification: Athletes can apply for the reunification of their immediate family members, allowing their partner and children to reside legally in Spain.
However, along with these rights, athletes also assume a series of obligations, including:
- Compliance with tax and labor regulations: This includes filing tax returns and respecting the conditions stipulated in their contract.
- Renewal of the permit within the established deadlines: In order to continue exercising their professional activity in Spain, the athlete must ensure that their permit is valid at all times.
Consequences of not having the proper permit
Working in Spain without the corresponding residence and work permit can have serious consequences for both the athlete and the sports organization that hires them. Some of the most significant repercussions include:
- Financial penalties: Both the athlete and the contracting entity can face high financial penalties for violating immigration regulations.
- Expulsion from the country: If detected exercising their activity without the appropriate permit, the athlete may be sanctioned with an expulsion order, which would prevent them from returning to Spain for a certain period of time.
- Loss of labor rights: An athlete who works without authorization does not have access to social security or the legal protections that guarantee decent working conditions.
To avoid these complications, it is essential that both the athlete and the contracting entity manage the permit properly and within the established deadlines.
Start your career as a professional athlete in Spain
The residence and work permit for professional athletes is an essential document for those foreign athletes who wish to compete and develop their career in Spain. Obtaining it guarantees access to labor rights, social benefits and the possibility of competing without legal restrictions.
If you are a professional athlete looking to start or continue your career in Spain, or you are part of a sports organization that wants to incorporate international talent, our team of legal experts is ready to advise you every step of the way.
Contact us and make sure you get your residence and work permit for professional athletes in Spain!
Do you want a expert consultation? Contact us and we will help you.
Disclaimer: This article is for informational purposes only and may contain errors or be outdated. It does not constitute legal advice. For an updated initial consultation, contact us. One of our expert attorneys will assist you.