Employment in Spain
Authorization to employ a foreign national who will live and work legally in Spain. We explain who submits form EX-03, when the national employment situation is relevant, and the requirements for the contract, fees, visa and renewal.
The initial application is not normally submitted by the worker. It is submitted by the employer or business owner, or by someone who is duly authorized to represent them, to employ the foreign national.
What is residence and employment authorization?
This is the status of a foreign national over 16 years of age who is authorized to reside in Spain for more than 90 days and less than five years and to work as an employee.
The employer initiates the process
A company, business owner or employer applies for authorization to employ the foreign national.
Use form EX-03
This is the official form for the initial authorization and is also used for renewal.
Employment + residence
The authorization only takes effect once the person has been registered with the relevant Social Security scheme.
Requirements for employed work
Not be a citizen of the EU, EEA or Switzerland or a family member covered by the EU free movement regime.
Not be in Spain irregularly.
Have no criminal record in Spain or in the countries where you have lived during the previous five years.
Not be listed as inadmissible where applicable.
Not be subject to a commitment not to return where applicable.
Not pose a threat to public order, security or public health.
A compatible national employment situation or an applicable exception.
A valid employment contract that complies with employment regulations.
A solvent employer in compliance with their tax and Social Security obligations.
Professional qualifications where legally required, including recognition of qualifications where applicable.
When does the national employment situation allow an employer to hire?
This does not simply mean that a job offer exists. The Regulations establish different ways to meet this requirement.
Occupation in shortage
The occupation appears in the catalogue published quarterly by SEPE for the relevant province or area.
View the SEPE catalogue ↗Difficulty filling the vacancy
The employer can demonstrate that they have been unable to fill the position with people already participating in the domestic labour market.
The vacancy must be processed through the designated employment mechanisms, including the Empléate portal.Chile and Peru
Instruction 12 sets out the international agreements currently in force with nationals of Chile and Peru.
Exceptions under Article 40
Certain personal or family circumstances mean that the national employment situation does not need to be taken into account.
Requirements for the contract and the employer
Signed contract
It must be signed by both the employer and the worker and guarantee continuous employment throughout the validity of the initial authorization.
Start date subject to authorization
The start date must be conditional on the authorization becoming effective.
Pay in accordance with the law
The conditions must comply with labour legislation and the applicable collective agreement.
If the contract is part-time, Form 12 requires the salary reference specifically set for this case.Employer in good standing
The employer must be registered with Social Security and up to date with tax and Social Security obligations.
Sufficient financial resources
The employer must have sufficient financial, material and human resources for their project and to fulfil the contract.
Individual employer
After deducting the salary, they must demonstrate certain minimum income levels linked to the SMI, depending on the members of their household.
With no dependants.
Household of two members.
For each additional member.
The initial authorization may also allow self-employment
During its validity, self-employment is permitted, provided that employed work remains the main activity.
If the main job ends unexpectedly for reasons beyond the worker’s control, this must be reported to the Immigration Office within the established time limit.
Documents for the initial authorization
Form EX-03 completed and signed by the hiring company.
Full passport or valid travel document for the worker.
Professional qualifications and recognition where required.
Company identification, legal representation and company documents where applicable.
Proof of the company’s financial resources or the employer’s.
Employment contract using the prescribed template.
Documentation on the national employment situation when required.
Foreign documents: may require a sworn translation, legalisation or Hague Apostille unless an exemption applies.
How to apply for an employed work permit
The employer completes form EX-03
The employer must gather the employment contract and documents relating to the worker, the company, financial solvency and the national employment situation.
Submitting through Mercurio
The initial application must be submitted online by the employer or an authorised representative.
Payment of fees
The fees become payable upon submission and must be paid within the official deadline.
Decision
The authorities have three months to decide on the initial residence authorization.
Visa application
If the application is approved, the worker has one month from the date the employer is notified to apply for a visa.
Entry into Spain and Social Security
The worker must enter Spain while the visa is valid and be registered with Social Security within the established deadline.
TIE application
The worker must apply for their card in person within one month of being registered with Social Security.
Payable by the foreign worker.
Payable by the employer when the work authorization is valid for six months or more.
Deadline currently stated in Sheet 12.
Its duration will match the activity to be carried out, up to a maximum of one year.
As a general rule, it is initially limited to one autonomous community and a specific occupation.
Unless you are already eligible for long-term residence.
Can you change employers?
Yes. The new Regulations expressly govern changes during the initial authorization period.
During the first year, you may change employers within the same occupation once three months of the authorization's validity have passed.
An earlier change may be authorized if the employer has seriously breached their obligations, as provided for by law.
There are also specific rules for cases where circumstances beyond the employer's control prevent the activity from starting or continuing.
Renewing an employed work permit
The new regulations are considerably more flexible than the previous ones and provide for several situations in which you can renew.
You continue in the same job
Continuing the employment relationship on which the authorization was based allows you to apply for renewal.
You have worked at least 3 months per year
You may renew if at least one of the stipulated conditions also applies, such as having a new contract or having lost your job involuntarily and actively seeking work.
New employer
You may use a new contract that meets the conditions required by the Regulations.
Unemployment benefit
Being entitled to contributory unemployment benefit is one of the situations covered.
Means-tested benefit
Certain public benefits intended to support social or labour market integration are also covered.
9 months registered with Social Security in 12
The regulations expressly include having worked and been registered with Social Security for at least nine months within a twelve-month period.
A family member’s financial means
This may also apply when a specified family member meets the financial means requirements to sponsor the worker for family reunification.
Gender-based or sexual violence
Employment suspension or termination on these grounds is expressly covered.
Renewal significantly broadens the scope of the authorization. The renewed authorization allows you to work as an employee or on a self-employed basis, anywhere in Spain and in any sector.
Employed work, self-employment and other work permits
Working for an employer
This is the authorization explained in this guide and uses form EX-03.
Self-employed activity or business
The main initial authorization for carrying out a gainful activity on a self-employed basis has different requirements.
View residence options →Not all jobs use form EX-03
Specific regimes apply to highly qualified professionals, research, seasonal work, exceptional circumstances and other situations.
Compare authorizations →Legislation and sources
Before submitting your application, always check the current official information and the specific circumstances of the contract and employer.
Questions about employed work
Who submits the initial application for employed work?
It is submitted by the employer or business owner, or by someone who has been validly appointed as their legal representative.
Which form should I use?
The initial residence and work authorization for employed work uses Form EX-03.
Do I need to already be in Spain?
The standard initial route is designed for hiring a foreign national who is not in Spain without regular immigration status. Once the authorization is granted, there is a visa stage followed by entry into Spain, where applicable.
What is the national employment situation?
This is one of the requirements that may affect initial hiring. It may be met, among other cases, through occupations listed as difficult to fill, by demonstrating that it has been difficult to fill the vacancy, or where a legal exception applies.
How long is the initial permit valid?
It is valid for the duration of the work activity, up to a maximum of one year.
How long does the Immigration Office take to decide?
The maximum decision period for the initial authorization is three months. Administrative silence is deemed to mean refusal.
Can I also work as a self-employed person?
The current initial authorization allows self-employment during its validity, provided that employed work remains the main activity and the regulatory conditions are met.
Can I change employers?
Yes. After three months of validity, and during the first year, you may change employers in the same occupation. The regulations also provide for special cases involving serious non-compliance or circumstances that arise later.
How long is the renewed authorization valid for?
The standard renewal is valid for four years, unless you are already eligible for long-term residence.
What does the renewed authorization allow me to do?
It allows you to work as an employee or self-employed person anywhere in Spain and in any sector.
What happens if I do not receive a response to my renewal application within three months?
For renewals, administrative silence is deemed to mean approval.
Check the contract, employer and national employment situation
A job offer alone does not guarantee that all the requirements for the initial authorization are met.