I´m working in Valencia right now illegally. I just became illegal a few days ago and have a job for now. There is talk of getting a visa for next fall, but I do not exactly know the steps that need to be taken. I know that I must have a contract that cannot be filled by a EU member. In my case I´m teaching English, but have a specific credential from California. The academy I work for is beginning the process of legally posting the job.

What are the steps from here? I understand I have to return to the states for a period of time to receive the paperwork. Can anyone share details?

how long have you been in Spain? if you can show that you have been registered with a Spanish town for 6 months prior to January of 2005 you could fall under the new grandfather residency program and actually apply for residency. see below:

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Aware of the existence of hundreds of thousands of foreigners in an irregular situation in Spain, those also referred to as illegal foreigners of those that do not have papers, the Spanish government has designed a plan to try to stop this situation. With this purpose in mind, the government wishes to authorise an extraordinary and temporary manner to try to regularise the situation of these foreigners in our country. For this reason, starting next February and until April there will an "individual regularization" process.
In general, it is expected that all foreign workers in an irregular situation who wish to be part of this process, will have to comply with the following requisites:

To have been registered at a Spanish town council for six months prior to the starting date of validity of the Organic Laws Rules, of January 11 th (it is expected to become of validity next January).

To be living in Spain at the moment of application

To Submit a valid Criminal Records from the worker's country of origin

That the employer has signed an employment contract for a period of at least six months - For the agricultural area, the contract may be of three months

- For Building and Hostelling, commitment of hiring for six month in a period of twelve months
- For housekeeping service, it will also be requested that the person works in more than one house.

Provided that the resolution is favourable, the worker will be asked to be registered in the Social Security for a maximum period of a month. The permit (authorization) obtained through these means will have a duration of a year.

The granting of the work and residence authorisation, will nevertheless imply the saving of storage of expulsion files which have not yet been resolved, and of the regular annulment of expulsion orders, provide they had been issued for the causes established in the artíles 53.a) and b) of Organic Law 4/2000.

To obtain more information, you may contact our lawyers here.

The bad part is the Social Security payment, for many companies who are employing undocumented low-paid workers the paperwork involved and having to pay the extra 200E per month is too much and they are more likely to let that person go than get involved. In a kafkaesque move illegal workers are being asked to denounce their employers for hiring them, and employers are being asked to denounce their employees who don't apply for the visa. The original idea was to formulate a law that would makie it easier for domestic workers from South America to become legal, there being a high demand here for nannies, cook, cleaners and caregivers. Unfortunately the very people the law was designed to help are being put in an even more precarious position, some editorials have proposed that this is a cynical attempt to reduce financially motivated immigration and to top up the Social Security coffers.

Spain would definately get a boost of SS funds from this program. I could see how it could jeopardize the employee and employer relationship on both ends. However in an "au pair, nanny, general laborer" setting where you are contracted from a family could be beneficial. I could see the guardia arriving at some farms in the Almeria region and loading up all of the migrant workers. If your a non-EU citizen and could get a contract from a family and could show that your registered in a spanish town for 6 months prior to application..this looks great!!

I'm suprised Madridman himself isn't living in Madrid right now awaiting January 2005 and this program going into place. For anyone who wanted residency in the past this is their chance!

Maybe you'd ask yourself, do I want to live in with a family, be on call 24 hours a day, possibly have one day off a week and make 800Euros a month, then have the threat of having my "contract" recinded before the year is up and being visaless. The scheme is primarily aimed at "legalizing" South American domestic workers, I doubt Madrid Man comes into that category

your right. i guess it's just who you know. if you have "friends" in spain that can "vouch" for you i see no reason why you can't go for this option. i've heard this from lawyers. the operative word being "friends" something i'm sure madridman has allot of!