Work Permit in Spain – Employment (Employee Work Authorisation)

Live and work in Spain under an employment contract

The Spanish Work Permit for Employees (residencia y trabajo por cuenta ajena) allows non-EU nationals to live and work legally in Spain under a contract with a Spanish employer. It is one of the main routes for non-EU citizens who relocate to Spain for employment.

At NomadTaxSpain, we assist both individuals and companies in preparing and submitting compliant applications, ensuring that the hiring process meets all immigration, labour and document-verification requirements.

What is the Spanish Employee Work Permit?

The employee work permit authorises non-EU nationals over 18 to:

• Live legally in Spain.
• Work as an employee under a pre-existing employment contract with a Spanish company.
• Carry out the activity exclusively for the authorised employer and usually within a specific province and sector.
• Obtain an initial residence and work permit valid for one year, renewable for two or four years depending on the situation.

This permit is generally processed from the applicant's country of residence, through the Spanish Consulate, unless an authorised modification from another legal status in Spain applies.

Who can apply?

This route is suitable for:

• Non-EU nationals with a job offer or signed employment contract from a Spanish employer.
• Applicants with the required skills, qualifications or professional experience for the position.
• Employers who meet all labour, tax and Social Security obligations in Spain.
• Applicants who are not in Spain in an irregular situation (as a general rule).
• Individuals transitioning from another valid residence status that allows modification to work authorisation (for example, certain student modifications).

Spain applies labour-market considerations in some cases, but many hiring situations fall under exceptions (highly qualified roles, shortage occupations, intra-company transfers, etc.).

Main requirements

For the employer

• Valid employment contract: compliant with Spanish labour law, detailing salary, working hours and conditions.
• Financial capacity to hire: company balance sheets, tax returns and payroll records demonstrating economic solvency.
• Social Security & tax compliance: company registered with Social Security, up to date with tax and Social Security payments.
• Justification of the role: explanation of the job position and reasons for hiring a non-EU worker.
• Payment of administrative fees: corresponding work-authorisation fees filed and paid by the company.

For the employee

• Full passport: copy of all pages, valid for the required period.
• Criminal record certificates: issued by countries where the applicant has lived during the last five years.
• Qualifications or experience: diplomas, certificates or work experience proving suitability for the role.
• Professional licences or recognition: if the occupation is regulated, homologation or professional registration may be required.
• No entry bans: not being subject to entry bans or inadmissibility in Spain or other Schengen states.
• Legal status: not being in Spain irregularly (unless applying under a recognised modification route).

Foreign documentation requirements

• Legalisation or Apostille in line with the issuing country.
• Official sworn translation into Spanish where required by law.
• Documents must be recent and valid at the time of filing; older or expired documents frequently cause delays.

How the application works

1. Application initiated by the employer in Spain

   The employer submits the initial residence and work authorisation to the Immigration Office using form EX-03, attaching the employment contract and all required company and employee documentation.

2. Administrative review

   The Immigration Office verifies that both the employer and the position comply with immigration and labour law. They may request clarifications, amendments or additional documents within a defined deadline.

3. Resolution

   The legal deadline for a decision is three months. If approved, the work and residence authorisation is forwarded to the relevant Spanish Consulate in the applicant's country of residence.

   As a general rule, silence is considered negative in this procedure, allowing for administrative or judicial appeals.

4. Visa application at the consulate

   The employee then applies for the visa at the Spanish Consulate, providing:

   • Passport.
   • National visa application form.
   • Original resolution or documentation from the approved work-authorisation file.
   • Criminal records and medical certificate.
   • Proof of visa-fee payment.

   Once approved, the consulate issues a 90-day visa to enter Spain and activate the work permit.

5. Arrival in Spain and activation of the permit

   Within 30 days of entry into Spain, several steps must be completed:

   • Signing the employment contract (if not already signed and registered).
   • Registration of the employee with Spanish Social Security.
   • Requesting the Foreigner Identity Card (TIE) within one month of entry.

   The initial residence and work permit is then fully effective and usually valid for one year.

Renewal of the Work Permit

After the first year, the employee work permit can generally be renewed for:

• Two additional years, or
• Four additional years, depending on the case.

For renewal, the authorities typically verify that:

• Employment has continued, or the worker has exercised recognised job-seeking rights and unemployment benefits.
• The worker and employer are compliant with Social Security and tax obligations.
• The activity remains within the authorised sector and geographic scope, where applicable.

After five years of legal residence in Spain (including initial and renewed permits), the worker may be eligible for Long-Term Residence.

Rights granted by the employee work permit

Holders of a Spanish employee work permit enjoy a wide range of rights, including:

• Legal residence in Spain for the authorised period.
• The right to work as an employee for the authorised employer in the approved sector and location.
• Access to Spanish Social Security, healthcare and public education under the applicable rules.
• The ability to travel within the Schengen Area for short stays.
• The possibility to renew the permit and eventually apply for Long-Term Residence after five years.

Important considerations

• Initial permits are usually restricted to one employer and one province; changing employer or location may require a new authorisation or modification.
• Working outside the authorised sector or territory may breach the terms of the permit and create immigration or labour-law issues.
• Foreign documents that are not correctly apostilled, legalised or translated are a frequent cause of delays and requests for corrections.
• Job-loss situations and periods of unemployment are regulated; in many cases, rights can be maintained for a period if legal requirements are met.
• Filing applications from within Spain is only possible in specific modification scenarios; tourists and visitors are generally expected to apply from their country of residence.

Why choose NomadTaxSpain?

We assist both employers and employees throughout the entire work permit process, from assessing eligibility to obtaining the final residence card in Spain.

Our support typically includes:

• Eligibility assessment and strategic advice for the employer and the candidate.
• Review of employment contracts, company documentation and job descriptions.
• Full preparation of the immigration file, including forms, supporting evidence and legal arguments.
• Coordination of sworn translations, apostilles and financial documentation.
• Consular visa support and detailed preparation for consulate interviews.
• Post-approval steps: Social Security registration, TIE application, padrón and NIE activation.
• Ongoing tax and residence planning for foreign employees and their families.

We support companies and professionals across Spain, with particular expertise in relocations to Mallorca and other key destinations for international talent.

Start your Work Permit application in Spain

Whether you are an employer planning to hire foreign talent, or a professional with a job offer from a Spanish company, we can prepare a clear roadmap and manage the entire procedure for you.

Our team will help you structure a strong application and avoid common pitfalls, so that the process from job offer to residence card is as smooth as possible.