Residence and employed work permit in Spain

How the procedure starts

Receiving a job offer from a Spanish company does not in itself give a foreign national the right to live and work in Spain. If the candidate does not yet hold a permit allowing them to work in the country, the employer must apply for the initial residence and employed work authorisation (autorización inicial de residencia temporal y trabajo por cuenta ajena).

The key feature of this procedure is that the Spanish employer starts it. The employer must prove not only that the job offer is genuine, but also its own capacity to meet its obligations towards the future employee.

• Check my situation

Who this route may suit

This route may suit a national of a country outside the EU, the EEA or Switzerland if:

• they have a specific employer in Spain;
• the parties have signed an employment contract;
• the start of work is conditional on obtaining the authorisation;
• the candidate holds the required qualifications;
• the employer meets the established requirements;
• where applicable, the conditions relating to the Spanish labour market (situación nacional de empleo) are met;
• the candidate is not staying in Spain irregularly;
• there are no other obstacles to granting the authorisation.

Family members of Spanish nationals and of other EU citizens follow separate procedures.

Who files the application

The initial application is filed by the Spanish employer or its authorised representative.

The candidate does not replace the employer at this stage and cannot obtain the ordinary initial authorisation simply by submitting an employment contract on their own.

The employer applies to the competent Immigration Office (Oficina de Extranjería) for the place where the work will be performed. The application is normally filed electronically.

Labour market test (situación nacional de empleo)

In an ordinary hiring of a foreign worker, the administration may assess whether the national employment situation allows that appointment.

This requirement may be considered met, for example, where:

• the occupation appears in the current catalogue of hard-to-fill occupations (catálogo de ocupaciones de difícil cobertura);
• the employer has advertised the vacancy through the public channels provided and shows that it could not fill the post on the domestic market;
• an exemption provided for in the rules applies to the candidate;
• the candidate's nationality or personal circumstances mean that no such assessment is required.

An occupation not being on the catalogue does not always mean the application is impossible. However, the employer may need to prove the difficulty of filling the post.

The catalogue must be checked on the filing date: it is updated periodically.

Employer requirements

The employer must:

• be registered with the social security system (Seguridad Social);
• have no disqualifying debts with the tax authorities or the Seguridad Social;
• carry out genuine economic activity;
• have sufficient economic, material and organisational resources;
• be able to pay the agreed salary;
• provide a valid employment contract;
• comply with employment law and the applicable collective agreement (convenio colectivo);
• where applicable, prove that the vacancy cannot be filled on the domestic labour market.

When assessing the application, the authorities look not only at the contract itself, but also at the employer's real ability to comply with its terms.

Employee requirements

The employee must:

• hold a valid passport;
• match the declared occupation and position;
• prove education, qualifications or professional experience;
• obtain recognition or homologation of the qualification if the profession is regulated;
• have no disqualifying criminal record;
• not be staying in Spain irregularly;
• once the authorisation is granted, obtain the consular visa (visado) where required;
• enter Spain on time, register with the Seguridad Social and apply for the foreigner's identity card (Tarjeta de Identidad de Extranjero, TIE).

Documents issued outside Spain may require legalisation or an apostille and an official translation.

What the employment contract must contain

The contract is signed by the employer and the future employee, but its entry into force is linked to obtaining the authorisation.

The contract must:

• define the position and professional duties;
• set the duration and working hours;
• state the salary;
• comply with the law and the applicable collective agreement;
• provide for real and continuous work activity.

Part-time contracts are subject to specific pay requirements. Before filing, check whether the salary offered meets the established minimum and the terms of the applicable collective agreement.

Stages of the procedure

• 1. The Spanish employer selects the candidate and checks whether hiring is feasible.
• 2. The parties sign the contract, whose effects depend on obtaining the authorisation.
• 3. The employer prepares the company documents, the details of the vacancy and evidence of financial solvency.
• 4. The employer files the application for the initial residence and work authorisation.
• 5. After a favourable decision, the candidate applies for the visa (visado) at the competent Spanish consulate in their place of residence, where a visa is required.
• 6. Once the visa is issued, the candidate enters Spain within the set deadline.
• 7. The employer registers the employee with the Seguridad Social.
• 8. The employee applies for the foreigner's identity card (TIE) within the prescribed period.

The initial application has an administrative decision period of up to three months. A lack of reply within that period should not be treated as automatic approval.

Main employer documents

Indicative list:

• application on the official form;
• documents proving the applicant's powers of representation;
• company or employer documents;
• signed employment contract;
• description of the position and working conditions;
• evidence of economic and organisational resources;
• documents on compliance with tax and Seguridad Social obligations;
• evidence of the recruitment search, where required;
• proof of payment of the applicable fees.

Main employee documents

Indicative list:

• copy of a valid passport;
• education and qualification documents;
• evidence of professional experience;
• documents recognising the qualification for a regulated profession, where required;
• criminal record certificates;
• medical certificate for the visa procedure;
• photographs and documents for the TIE application;
• apostille, legalisation and official translation of foreign documents where necessary.

The final list depends on the occupation, the candidate's nationality, the employer's profile, the place of filing and the specific situation.

Can this permit be obtained from within Spain?

The ordinary initial residence and employed work authorisation should not be seen as a way of automatically turning a tourist stay into work residence.

In the standard procedure the employer obtains the authorisation, and the employee then applies for the visa at the Spanish consulate in their place of residence.

If the person already holds student status in Spain, another residence permit or a specific ground for a change of status, a separate modification procedure may apply. This must be analysed case by case.

Initial limitations

The initial authorisation may be tied to a specific occupation and territory. Whether the employer, position or place of work can be changed depends on the moment and the circumstances of the change.

If the employment relationship ends for reasons beyond the employee's control, the consequences for the authorisation and the duty to notify the administration must be checked promptly.

Renewal

Renewal (renovación) does not depend solely on keeping the initial contract. Depending on the situation, the following may be taken into account:

• continuation of the employment relationship;
• the existence of a new contract;
• a certain period of actual work;
• involuntary loss of the job together with an active job search;
• receipt of the benefits provided for;
• sufficient family resources in the cases provided for.

The application should be filed within the two months before the card expires. The law also allows later filing within a limited period, although this may lead to a penalty. An application filed on time extends the validity of the previous authorisation until a decision is taken.

Once granted, the renewed authorisation is usually issued for four years and allows employed or self-employed work throughout Spain, provided the applicant is not yet entitled to long-term residence.

How this route differs from other work permits

• Digital nomad visa in Spain

Common reasons for difficulties

• The vacancy does not match the conditions for hiring a foreign worker → check the national employment situation and possible exemptions.
• The employer has not proven its financial solvency → review accounts, turnover, staff and the ability to pay the salary.
• The contract terms conflict with the collective agreement → check the position, working hours and pay.
• The position does not match the candidate's qualifications → prepare diplomas and evidence of professional experience.
• Foreign documents are not correctly formalised → check apostille, legalisation and translation.
• The candidate is staying in Spain irregularly → determine whether another procedure applies.
• The deadline to apply for or collect the visa has been missed → track all deadlines after approval in advance.
• The employee has not been registered with the Seguridad Social → check when the authorisation takes effect.
• The applicant confuses the ordinary employed work permit with the highly qualified professional permit → identify the correct route before filing.

Official sources

• Ministry of Inclusion, Social Security and Migration — initial residence and employed work authorisation (autorización inicial de residencia temporal y trabajo por cuenta ajena)
• Ministry of Inclusion, Social Security and Migration — renewal (renovación)
• SEPE — catalogue of hard-to-fill occupations (catálogo de ocupaciones de difícil cobertura)