To get a work permit in Spain as a person from outside the EU, you normally need an employer in Spain to apply for you first. The employer files an application for an initial residence and work authorisation for employed work (autorización inicial de residencia temporal y trabajo por cuenta ajena) at the Oficina de Extranjería of the province where the job is based. If it is granted, you apply for a work visa at the Spanish consulate in your country of residence, enter Spain, are registered with Social Security and then apply for your foreigner identity card (TIE). You cannot normally apply alone from abroad without a job offer, and you cannot start work on a tourist entry. This guide explains who applies, the documents, the fees, processing times, the visa stage, what to do after arrival, how long the authorisation lasts, renewal and family members, under the current Immigration Regulation (Reglamento de Extranjería).

What a work permit in Spain actually is

People say "work permit", "permiso de trabajo" or "work visa", but in Spanish law the document is a combined residence and work authorisation, which is how Spain applies the EU Single Permit Directive. The process has three layers:

• The authorisation (autorización de residencia y trabajo). Decided in Spain by the Oficina de Extranjería, on the employer's application.
• The visa. Issued by the Spanish consulate abroad, on your application, once the authorisation has been granted. It lets you travel and enter Spain to take up the job.
• The TIE card (Tarjeta de Identidad de Extranjero). Issued by the National Police after you arrive and are registered with Social Security. It is the physical proof of your status.

The rules come from the Organic Law on the Rights and Freedoms of Foreigners (Ley de Extranjería) and the Immigration Regulation (Reglamento de Extranjería). The current Regulation replaced the previous one and changed several routes. It has since been amended by a further royal decree, and the Supreme Court annulled some of its provisions. None of the annulled provisions changes the basic employed work procedure described below, although one of them lifted a ban on temporary work agencies holding residence and work authorisations. You can read the consolidated Immigration Regulation in the BOE, which shows every amendment.

This route is for people who will live in Spain and work under a contract of employment for more than 90 days. Seasonal work, cross-border work, highly qualified routes and arraigo for people already in Spain follow different rules, covered briefly at the end of this guide.

Who applies, the employer or the worker

For the initial residence and work authorisation, the employer applies, not the worker. The official information sheet on the initial employed work authorisation from the Ministry of Inclusion, Social Security and Migration states that the employer, or a legal representative with sufficient powers, files the application. It is filed electronically through the Mercurio platform of the Ministry of Territorial Policy or in person at the competent office.

At this stage, the worker must be outside Spain or, at least, must not be in Spain irregularly. The ministry's overview of employed work authorisations describes the procedure as intended for foreign workers who are not resident in Spain when the employer files. A person already living in Spain without papers cannot use this route to regularise, and should look at the arraigo routes instead.

The worker's role at this stage is to supply documents: a copy of the passport and proof of qualifications. The worker becomes the applicant later, at the consulate for the visa and at the police station for the TIE.

If anyone offers to "apply for a Spanish work permit for you" without a named employer in Spain, be careful: there is no self-application for employed work, and charging workers for a job offer is a common sign of fraud. Our separate guide on finding a job in Spain from outside the EU covers scams.

Eligibility requirements for the worker

According to the ministry's information sheet, the worker must meet all of the following:

• Not be a citizen of an EU country, the European Economic Area or Switzerland, and not be a family member of such a citizen covered by the EU citizens' regime. EU, EEA and Swiss citizens work freely and only register (certificado de registro).
• Be at least 16 years old.
• Not be in Spain irregularly.
• Have no criminal record in Spain or in the countries where they lived during the previous five years, for offences that exist in Spanish law.
• Not be listed as a person to be refused entry in countries with which Spain has an agreement to that effect.
• Not be within a period of commitment not to return to Spain after a voluntary return programme.
• Not be a threat to public order, public security or public health.
• Have the training or professional qualification required for the job, recognised (homologated) where the profession demands it.
• Pay the fee for the procedure.

The qualification point matters most for regulated professions such as doctors, nurses or public school teachers, where recognition of the foreign degree (homologación) is often a precondition and can take longer than the immigration procedure itself.

The employment situation test and the catalogue of hard to fill occupations

Spain does not issue a work permit for any job offer. The national employment situation (situación nacional de empleo) must allow the hiring of a foreign worker. In practice there are three ways to satisfy this:

1. The occupation is in the catalogue. The public employment service SEPE publishes the catálogo de ocupaciones de difícil cobertura, the catalogue of hard to fill occupations. It is prepared for each province (with island lists and lists for Ceuta and Melilla) and updated every quarter. If the occupation appears for the province of the job, the test is met.
2. The employer proves difficulty in filling the vacancy. For occupations not in the catalogue, the employer must show that it could not fill the post with workers already available in the Spanish labour market. The information sheet states that this requires a job offer published on the public Empléate portal, and the urgency stated by the employer is taken into account.
3. The worker is exempt from the test. Nationals of Chile and Peru benefit from international agreements, and the Organic Law lists further situations where the employment situation is not considered.

A shortage of workers in a sector is not the same as eligibility: only the published catalogue for the province and quarter counts. Our separate guides on shortages in Spain and on employers hiring foreign workers explain the catalogue and the vacancy test in detail.

The job offer and contract the employer must provide

The employer must present a signed contract of employment on the official model. The ministry's information sheet sets these conditions:

• The contract must guarantee continuous activity for the whole period of the authorisation.
• Its start date is tied to the date the authorisation takes effect, which in practice means the date of your Social Security registration after arrival.
• Its conditions must comply with Spanish labour law and the applicable collective agreement.
• If the contract is part time, the pay must still reach at least the full time annual minimum wage (salario mínimo interprofesional, SMI).

The authorisation covers contracts of more than 90 days and less than five years. The employer must also hold any professional qualification or licence legally required for the business activity itself.

Read the contract before the employer files. Check the occupation, place of work, hours, gross annual salary and the collective agreement named; the occupation must match the catalogue entry or the published job offer. Pay in Spain is normally quoted gross, before income tax and Social Security contributions.

Employer requirements and solvency

The application is assessed as much on the employer as on the worker. The employer must:

• Be registered in the Social Security system and be up to date with tax and Social Security obligations.
• Have sufficient economic, material or personal resources to run the business and meet the obligations of the contract.
• For an individual employer, such as a household hiring a domestic worker, show that after paying the salary the household keeps a minimum income. The information sheet sets this as 50% of the SMI where there are no dependants, 100% of the SMI for a household of two, and an extra 25% of the SMI for each additional member.

If the employer cannot prove solvency, the application fails even when the worker meets every condition. The employer's duties after hiring are covered in our separate guide on employers hiring foreign workers.

Documents for the autorización de residencia y trabajo

The ministry lists these documents for the initial application. Copies are filed, and originals are shown when filing in person.

Form and worker documents

• Application form EX-03, completed and signed by the employer.
• A complete copy of the worker's valid passport or travel document.
• Proof of the worker's training or professional qualification, recognised where required.

Employer documents

• Tax identification (NIF or NIE) of the employer, or consent to verification; for a company, also the registered deed of incorporation and proof of the signatory's power of representation.
• Proof of solvency for the previous three years (tax returns or the workforce history report) and a description of the job; a domestic employer shows the most recent income tax return or other proof of means.

Employment documents

• The contract on the official model.
• Where relevant, proof that the employment situation test does not apply.

Translation and legalisation

Foreign documents must be translated into Spanish, or the co-official language of the region, by a sworn translator. Foreign public documents must be legalised by the Spanish consulate in the issuing country or by the Ministry of Foreign Affairs, or carry an apostille under the Hague Convention, unless an international agreement exempts them. Start this early.

Step by step application at the Oficina de Extranjería

1. Confirm the route. The employer checks whether the occupation is in the catalogue for the province, whether the vacancy test applies, or whether the worker is exempt. If the vacancy test applies, the employer publishes the offer through the public employment service first.
2. Prepare the contract and documents. The worker sends a passport copy and legalised, translated qualification documents. The employer prepares form EX-03, the contract on the official model and its own company documents.
3. File the application. The employer or its representative files online through the Mercurio platform or in person at the Oficina de Extranjería of the province where the work will take place.
4. Pay the fees. Both fees must be paid within ten working days of filing (see below). Unpaid fees stop the procedure.
5. Answer requests for information. The office can ask for missing documents. Respond within the deadline in the request, or the application may be treated as abandoned.
6. Receive the decision. The decision is notified to the employer. If notification fails, it is published in the Single Edictal Board (Tablón Edictal Único). An electronic notification not opened within ten calendar days of being made available counts as delivered.
7. Move to the visa stage. Once the authorisation is granted, the worker has one month from notification to apply for the visa.

The authorisation does not take effect when it is granted. It is conditional on the worker obtaining the visa, entering Spain and being registered with Social Security. Until those steps are completed, you cannot work.

Fees with modelo 790 codes 052 and 062

Two state fees (tasas) apply to the initial employed work authorisation. The ministry's information sheet states who pays each one:

• Form 790, code 052, item 2.1.3: the fee for the initial temporary residence and work authorisation. Paid by the worker.
• Form 790, code 062, item 3.2.1: the fee for the work authorisation linked to an initial employed work residence authorisation, where it is for six months or more. Paid by the employer.

The fees fall due when the application is filed and must be paid within ten working days. The payment forms are generated on the Ministry of Territorial Policy's electronic sede, and the amount appears on the form. The information sheet does not state the amounts, and they are updated periodically, so take the figure from the official form when you generate it.

Two further charges come later. The consulate charges a visa fee, paid in local currency when you apply. After arrival, the TIE has its own police fee (form 790, code 012). None of these state fees covers translations, apostilles, medical certificates or travel. Any private adviser's fee is separate from the state fees and does not change the outcome.

Processing time and what silence means

The Oficina de Extranjería has three months to decide on the initial application, counted from the day after the competent office receives it. This is the legal maximum, not a promise; the time it actually takes varies by province and by how complete the file is.

Silence is negative for initial applications. If no decision is notified within three months, the application is treated as refused by administrative silence (desestimada por silencio administrativo). This opens the way to an appeal, but it is not an approval. Do not book flights or resign from a job on the assumption that silence means yes.

The visa stage adds more time. The consulate normally decides within one month of the visa application, and the consulate can extend this if it calls you for an interview or asks for more documents.

Applying for the work visa at the Spanish consulate

Once the employer has been notified that the authorisation is granted, you have one month to apply in person for the residence and work visa at the Spanish consulate or diplomatic mission for the place where you live. Most consulates require an appointment, so ask for one as soon as the employer tells you about the decision.

The ministry's information sheet lists these visa documents:

• A passport or recognised travel document valid for at least one year.
• A criminal record certificate from the country of origin, or from each country where you lived during the previous five years.
• A medical certificate.
• Proof of payment of the visa fee.

Consulates add their own practical requirements. The employee visa page of the Spanish Consulate General in London, for example, asks for an application form, a photograph, a copy of the authorisation and the contract stamped by the Oficina de Extranjería, and proof that you live in its consular district. Certificates must be recent, legalised or apostilled and translated where needed. Requirements differ between consulates, so use the page of the consulate for your country of residence.

If the visa is granted, you must collect it in person within one month of notification. If you do not, you are treated as having given up the visa and the file is closed. The visa is valid for three months and must be used to enter Spain within that time.

A refusal is notified in writing with reasons. The consular page cited above explains that you can ask the consulate to reconsider within one month, or go to court within two months. Check the deadlines printed on your own refusal letter.

Entering Spain, Social Security registration and the TIE

After entering Spain with the visa, three things must happen in order.

1. Social Security registration (alta). The employer must register you with Social Security within three months of your entry. This registration is what brings the authorisation into effect, and you must not start work before it. Your entry with the visa allows you to stay in Spain until the registration. If the registration does not happen in time, the authorisation can be lost, so stay in contact with the employer from the day you arrive.

2. Applying for the TIE. Within one month of your Social Security registration, you must apply in person for the TIE at the police station or police foreigners' service for the place where you live. You normally need an appointment (cita previa), the application form, a recent photograph, your passport with the visa, proof of the authorisation and payment of the TIE fee. Your fingerprints are taken, and you return later to collect the card.

3. Local registration. Most people also register at the town hall (empadronamiento), which is used to prove residence in many later procedures.

From the date of registration with Social Security, you are covered by the Spanish public system like any other employee: contributions are deducted from your gross salary, you build entitlement to public healthcare, unemployment benefit and a pension, and the employer must pay at least the wage set in the collective agreement.

Do not confuse the NIE with the TIE. The NIE is your personal foreigner identity number, which stays the same for life and appears on the card. The TIE is the card itself, with an expiry date tied to your authorisation. Keep the authorisation resolution and your Social Security registration document as proof of status until the card is issued.

How long the permit lasts and what it covers

The initial authorisation is tied to the contract. The ministry's information sheet describes it as an authorisation for a period of more than 90 days and less than five years, matching the duration of the contract that supported it. Your TIE will show the expiry date.

During its validity, the initial authorisation also allows you to work on a self-employed basis, as long as the employed work remains your main activity. This is a change brought in by the current Regulation.

The initial authorisation is linked to the occupation and the employer that supported the application, and the resolution can set limits on occupation and territory. Read your resolution carefully before you change employer, job or region. If the employment ends for reasons beyond your control, the information sheet requires this to be reported to the Oficina de Extranjería that granted the authorisation within three days. The current rules on changing employer, occupation or region during the first authorisation are explained in our separate guide on changing employers on a work permit in Spain, and the rules if you lose your job are in our separate guide on job loss.

Renewal of a work permit in Spain

The renewal is a separate procedure, and this time the worker applies. The ministry's information sheet on renewal of the employed work authorisation sets out these rules:

• When to apply: during the two months before the authorisation expires. A late application filed within three months after expiry can still be accepted, but a penalty procedure may be opened.
• Effect of applying on time: the previous authorisation is extended until the procedure ends, so you can keep working legally while you wait.
• Where: in person at the Oficina de Extranjería of your province of residence, or electronically through Mercurio.
• Fees: form 790, code 052, item 2.2.3, paid by the worker; and form 790, code 062, item 3.2.2, paid by the employer.
• Decision: within three months. Here silence is positive: if no decision is notified within three months, the renewal can be treated as granted, and the office must issue a certificate if you request one.
• Duration and scope: the renewed authorisation lasts four years, unless you qualify for long term residence, and it allows you to work in any activity, anywhere in Spain, as an employee or self-employed.
• TIE: within one month of notification of the renewal, apply for the new card at the police station.

To renew, you must meet at least one of several conditions. The main ones are:

• The employment that supported the authorisation continues.
• You have worked at least three months a year and you have a new contract, or you lost the job for reasons beyond your control and are actively seeking work, registered with the public employment service.
• You receive a contributory unemployment benefit, or a public economic benefit for social or labour integration.
• You have nine months of Social Security contributions within a twelve month period, with proof that the employment ended for reasons beyond your control and that you looked for work.
• A family member meets the economic requirements to reunite you.
• Your employment was suspended or ended because you were a victim of gender based or sexual violence.

You must also have no criminal record in Spain and, if you have children of compulsory school age, show they attend school. An optional integration report from the regional government, covering training and knowledge of the official language, can be taken into account if a requirement is not met. After five years of continuous legal residence, you can apply for long term residence, which no longer depends on a specific job.

Bringing family members

A worker on an employed work authorisation can bring close family members through family reunification (reagrupación familiar). This is not automatic and not immediate. The ministry's information sheet on family reunification sets these main conditions:

• Timing: the sponsor must have lived legally in Spain for at least one year and have obtained, or applied for, authorisation to reside for at least one more year. In practice, most workers apply around the first renewal.
• Who qualifies: a spouse or registered partner over 18 (only one), children under 18 or adult children with a disability who need support, people under the sponsor's legal guardianship, and parents over 65 who depend on the sponsor, with limited exceptions.
• Money: monthly income of at least 150% of the IPREM (Spain's public income reference indicator) for a household of two, plus 50% of the IPREM for each additional member, with specific lower rules for minors. The IPREM is set periodically, so check its current value on an official source.
• Housing: a report on suitable housing from the regional government or, where the region allows, the town hall.
• Procedure: the sponsor applies in Spain. The office has two months to decide, and silence means refusal. Once it is granted, each family member has two months to apply for a visa at the consulate.

An important practical advantage: the reunited spouse or partner and working age children can work as employees or self-employed in any sector and anywhere in Spain without a further procedure. Their authorisation lasts until the same date as the sponsor's, and at least one year.

Other routes to a work permit in Spain

The general employed work authorisation is the default route, but it is not the only one. Check whether one of these fits your situation better:

• EU Blue Card and the Entrepreneurs Law. Highly qualified professionals, executives, researchers and staff moving within a company group can apply through the large companies and strategic groups unit (Unidad de Grandes Empresas y Colectivos Estratégicos) under the Entrepreneurs Law, or for an EU Blue Card. These routes have their own procedures and conditions, including salary thresholds that are reviewed periodically, instead of the employment situation test.
• Seasonal work. Seasonal jobs have their own authorisation, and recruitment in origin through collective management (GECCO). See our separate guide on seasonal work in Spain.
• Fixed duration authorisations. The current Regulation includes a specific authorisation for fixed duration work. Not every temporary job is seasonal.
• Job search visa. Some people can enter Spain on a job search visa. Our separate guide on finding a job in Spain from outside the EU covers it.
• Arraigo for people already in Spain. People who have lived in Spain for a set period can apply for residence through arraigo routes (social, socio-labour, family, second chance or training based). These are applied for from within Spain and have different rules.
• Extraordinary regularisation. An amendment to the Regulation opened a time limited extraordinary procedure for people who were already in Spain or had applied for international protection before a fixed cut off date. The deadline for applications has passed. If you filed under it, follow the instructions on your own notification.

The amendment to the Regulation also changed several of these routes. You can read the full text of the royal decree amending the Immigration Regulation in the BOE.

Refusals, appeals and common mistakes

Common reasons for refusal include:

• The occupation is not in the catalogue and the employer did not complete the vacancy test properly, or the contract does not match the published offer.
• The employer cannot show solvency, or has debts with the Tax Agency or Social Security.
• The salary is below the collective agreement or, for part time work, below the full time annual SMI.
• The worker's qualifications are not proven, not legalised or not translated.
• The worker was in Spain irregularly when the employer applied.
• A criminal record, or a past entry ban.

The refusal resolution states the available appeals and their deadlines. Usually you can ask the authority that decided to reconsider (recurso de reposición) or go directly to the administrative courts. Silence on an initial application counts as a refusal and can also be appealed. A refusal does not prevent a new, better prepared application once the problem has been fixed.

Even after approval, the most costly mistakes are missing the one month visa window, not collecting the visa within one month, starting work before the Social Security registration, missing the one month TIE deadline and letting the authorisation expire without applying for renewal.

The Supreme Court ruling on the Regulation was published in the BOE. You can read the Supreme Court ruling on the Immigration Regulation to see which provisions were annulled; most concern minors, family members and electronic filing rather than the employed work procedure.

Rules change, and each consulate and Oficina de Extranjería publishes its own practical instructions. Check the most recent version of the ministry's information sheets and the consulate page for your country before you apply.

Sources and References

• Information sheet on the initial employed work authorisation, Ministry of Inclusion, Social Security and Migration
• Employed work authorisations overview, Ministry of Inclusion, Social Security and Migration
• Information sheet on renewal of the employed work authorisation, Ministry of Inclusion, Social Security and Migration
• Information sheet on family reunification, Ministry of Inclusion, Social Security and Migration
• Catalogue of hard to fill occupations, SEPE
• Employee visa, Consulate General of Spain in London, Ministry of Foreign Affairs
• Immigration Regulation, consolidated text, BOE
• Royal decree amending the Immigration Regulation, BOE
• Supreme Court ruling on the Immigration Regulation, BOE