Work permits for employees in Spain: A complete guide for employers [2024]

If you’re hiring in Spain or aiming to expand your company’s operations to the country, you’ll need to verify that your employees are authorized to work there.

Employing workers without authorization is illegal in Spain and may result in penalties, including fines, imprisonment, or even a ban on hiring foreign workers. So, before you make your first Spanish hire or transfer a current worker to Spain, read our guide to learn about who needs a work visa, how to apply for one, and other frequently asked questions about work permits for employees in Spain.

What is a work permit in Spain?

In Spain, a work permit functions as a work authorization for foreign nationals who are non-EU, EEA, or Swiss citizens. Generally, you need to obtain a work and residence permit to be allowed to live and work in the country. However, not everyone needs a work authorization. Some exemptions include technicians, scientists, professors, journalists, foreign directive staff, etc.

Who needs a work visa in Spain?

Spanish citizens, as well as European Union, EEA, and Swiss nationals, do not need a work visa. Those individuals may stay in Spain for up to three months without registering as long as they have a national ID card and valid passport. These individuals have other legal formalities—including obtaining a Foreigner’s Identity Number (Número de Identidad de Extranjeros or NIE) and residency registration—but they do not need a visa.

Expats who are not from EU/EEA countries need a work permit and work visa before they can begin working in the country.

When you send an offer letter to a new hire in Spain, it should include a clause about the offer being contingent on their eligibility to work in Spain legally.

Once a worker is authorized to live and work in Spain, they must apply for a work and residence visa at their local embassy or consulate.

How long does it take to get a work permit in Spain?

Decisions for residence and work visas can take up to eight months in some cases, as Spain has an in-depth review process for visa applications.

Types of work visas in Spain

There are several types of work visas available from the Spanish government, including:

• Seasonal work visa: This is for seasonal and limited work, lasting a maximum of nine months, including renewals.
• Work employment visa: This is a renewable visa that allows a non-Spanish national to work in Spain for one year at a time (commonly used for more permanent work).
• Visa for highly skilled workers: This visa allows foreign nationals with a particular skill set, senior management position, or prestigious university degree to work in Spain. It's valid for up to one year.
• EU Blue Card: This is equivalent to the Green Card in the US. An EU Blue Card is for highly skilled, highly educated, non-EU citizens with desirable professional experience. This type of visa allows a worker to work in almost any European country. In Spain, the Blue Card is valid for one year but can be renewed.

Regardless of the work visa type, it will include unique stipulations and conditions based on the applicant’s circumstances.

Application process for Spain work visas

Here are the steps to obtain a Spanish work visa (note: this may vary depending on the visa type):

• The employer must have the employee's work authorization (work and residence permit) before applying for a work visa. To apply for a permit, you must submit the necessary documents, including a copy of the employee's passport, certification of their qualifications, company identification, etc.
• Once the permit is approved, the worker can apply for the visa through the Spanish Embassy or Consulate in their country of residence. They'll be required to submit documents, including their job offer, proof of identity, health records, financial records, and more. They may also need to meet with a visa officer for an interview and to submit biometric data.
• If the worker meets the eligibility requirements for a visa, they'll receive approval. The applicant must collect the visa in person within one month.

Temporary residency is for those staying longer than 90 days but fewer than five years. After being a temporary resident for five years, individuals can apply to become permanent residents in Spain.

Applications for work visas require:

• Completed visa application
• Valid copy of unexpired passport
• Detailed job offer letter
• Criminal record check certificate
• Medical certificate
• Three passport-sized photographs
• The applicant’s NIE (for those already in the country)
• The employer’s social security number
• Description of the job and the employer’s activity
• Proof of the employer’s financial assets and
• The employee’s qualification for the job (if needed for that type of visa)
• Visa fee payment
  
  

Frequently asked questions about work permits for employees in Spain

What does a job offer letter need to include for a work visa to be approved?

Part of the work visa application process requires a detailed job offer letter. The letter must include information about the role, salary, working location, and other relevant details. Other requirements for this letter include:

• The work contract should not have a set start date, as the start date is contingent on the work permit approval.
• The job offer must pay at least minimum wage and be for a full-time role (40 hours per week).

What do employers have to do for their employees to be granted work visas in Spain?

The employer must show consideration for Spanish unemployment—meaning, they must try to first fill the opening with a local unless the role is incredibly highly specialized.

For industries which are not highly specialized, before the organization can make an offer to the foreign worker, they should inform the employment office of the role(s) they need to fill. The employment office may put forth applicants. If there are no successful applicants or if there are no applicants with the necessary skills, then someone may be hired from outside the country.

Employers don’t need to consider national employment if the employee is a citizen of Chile or Perú, a citizen of an EU country, or used the Arraigo procedure to obtain working residency (more on that below).

What is a Foreigner’s Identity Number, and how do you get one?

Non-Spanish citizens don’t just need a visa; there are other required documents to work in Spain. A Foreigner’s Identity Number, or NIE, is like a Spanish tax number. Obtaining an NIE number is mandatory for all non-Spanish citizens operating in Spain—including those from EU/EEA countries. Individuals can apply for their NIE at the Consular Post of the district where they’ll live in Spain.

Applying requires:

• A completed copy of form EX-15
• A valid copy of the applicant’s identity card or passport
• Proof of interest in applying for an NIE, whether it’s professional, economical, or social

Foreigner’s Identity Cards come with a tax number (more on that below).

What is a Foreigner’s Identity Card and how do you get one?

Anyone who is not an EU national staying in Spain for more than six months needs to apply for a Foreigner’s Identity Card (TIE). This card has the individual’s personal information, residence status, and comes with an NIE number. Foreigners must renew the card every five years and must have it on their person at all times.

Applying requires:

• Two copies of the EX-17 form filled out and signed
• A valid passport with the date-of-entry stamp for Spain
• Three passport-sized photographs
• Visa documentation
• Proof of payment for the processing fee

What is a social security number, and how do you get one?

Anyone doing paid work in Spain needs a social security number. The employer is the one responsible for initiating this process by notifying social security about the worker’s start date before the work begins.

By making monthly social security contributions, workers can receive the benefits of social security, including healthcare, disability, maternity and paternity leave, and more.

Do US citizens need a work permit to work in Spain?

Yes. Because US citizens are not part of the EU or EEA and are not typically holders of Spanish citizenship, they will need a work permit.

Do EU citizens need a work permit to work in Spain?

No, because Spain is an EU member, citizens of the European Union may freely work in Spain without a permit or visa. In some cases, EU citizens may stay in Spain for up to three months without registering as long as they have a national ID card and valid passport. However, these individuals must still obtain a Foreigner’s Identity Number (NIE) and complete residency registration.

What documents are required to apply for a Spanish work permit?

When applying for a Spanish work permit, a worker will need:

• Completed work permit visa application
• Valid copy of passport
• Detailed job offer letter
• Criminal record
• Medical certificate
• Three passport-sized photographs
• The applicant’s NIE (for those already in the country)
• The employer’s social security number
• Description of the job and the employer’s activity
• Proof of the employer’s financial assets
• Proof of the employee’s qualifications for the job (if needed for that type of visa)

Can family members join an employee with a work permit in Spain?

EU/EEA or Swiss nationals and their families who are also categorized as such are allowed to bring their families with them immediately. No residency visas or permits are needed.

Non-EU/EEA nationals are only allowed to bring their families to Spain after living in the country for a year and renewing their initial residence authorization. While those with general work visas will face these limits, there are some exceptions for those with the following permits:

• EU long-term residence permit from another EU member state
• EU Blue Card
• Entrepreneur visa
• Study/research visa

There’s also an application process for family reunification visas. Spain allows visa holders to reunite with spouses (including fiancés, civil partners, and unmarried partners), children under the age of 18 or with special needs up to age 21, and parents or in-laws who require assistance.

What’s the fastest way to get a work permit in Spain?

There's no way to rush the process. The best way to reduce wait times is by making sure the application forms are complete and contain the necessary, correct information.

What is an Arraigo Social Permit?

This is a temporary residency permit for those who have lived in Spain for more than three years. Employees and self-employed/freelance individuals are all eligible and may apply from Spain rather than from their home country. Applicants must speak Spanish fluently, show that they have integrated into Spanish society, pass a background check, have a job offer and employment contract for a minimum of one year, and go through an application process. This special permit is valid for one year, after which permit holders can convert it to a regular residency and work permit.

Is there a digital nomad visa in Spain?

Yes, there is a digital nomad visa in Spain. Read our guide to see all the countries that offer a digital nomad visa.

Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.