Do I really have to wait to get my TIE or physical residency card to start working? Can’t I just use my positive resolution? Find out the answers and all the details in this post. But make sure to read until the end! In the last section, we will explore how to start working even before obtaining a favorable resolution.
This is undoubtedly one of the most frequent questions asked by many foreigners during their immigration process.
And, fortunately, the answer is positive.
Simply with the favorable resolution of your residency application, you will be able to register with Social Security in order to start working for a company or as a self-employed individual.
Therefore, you will be able to work without any type of problem with just your favorable resolution (while you wait for the physical card and register your fingerprints).
After all, your physical card only clarifies your administrative situation in Spain, the key here is to have the legal capacity to work.
That is why you will only be able to work with just the resolution as long as the physical card you have applied for and the permit you have been granted grants that legal capacity.
For example, in the case of a non-lucrative residence (a residence that only offers the legal capacity to live in the country) you would not be able to work, neither before receiving the physical card nor after.
But in the case, for example, of having applied for any type of arraigo or an employment permit (for example), you will be able to start working without trouble.
And will I be able to carry out any other procedure?
The answer is yes.
In addition to being able to start working, receiving your resolution will be enough to carry out any type of administrative dealing in Spain.
We are talking about the fact that with your positive resolution, you will be able to carry out procedures such as:
- Open a bank account
- Register with the Social Security
- Register with the Tax Authorities
Etc.
That is to say, you will be able to conduct yourself in the country as if you already had your physical plastic card.
It is true, however, that the most practical thing is to have your TIE for greater simplicity, but for legal purposes, you will not have any type of limitation.
And... can I work BEFORE obtaining a positive response?
So far we have talked about the fact that once you receive your favorable resolution you will be able to start working, without having to wait for the physical card.
But there is a very specific situation that goes even further, and that allows you to work even BEFORE you have the resolution.
We are talking about the case of the EU family member card (the residence permit for 5 years that foreigners who are relatives of a European Union citizen residing in Spain can obtain).
In these cases, and thanks to the provisions of the EU regime, you could work from the moment you submit your application.
According to this regulation, the relative of the EU citizen already had the right to work even before getting his card (due to the kinship bond); and with your application, you simply formalize the fact.
Therefore, for legal purposes, it is totally possible to work before receiving a favorable resolution, but only in this case.
Even so, and for practical purposes, this is usually not so easy, since hiring companies in most cases will ask for the physical card (or at least the resolution); and it will be in this final part that we would find blocks to move forward.
For any immigration question, or in case you need personalized legal advice, our immigration lawyers are ready to help you:
