How to Get a Work Permit in Spain
Information on how non-EU citizens can apply for different work permits for a Spanish company.
What is a residence and work permit in Spain?
A residence and work permit is a document that allows you to relocate to Spain and work for a Spanish company.
There are two main work permits that you may be eligible for:
- Highly-Qualified Residence Permit
- Regular Work Permit
Highly-Qualified Residence Permit:
This residence and work permit is for those working in roles that require higher or university education. These are typically jobs that are strategically important to the Spanish economy. The applicant must have a minimum level of expertise to qualify for this permit.
Regular Work Permit:
These permits require the employer to prove that no one else in Spain can fill a job vacancy that they are advertising for. The position must be submitted to the public employment services for approval.
As the process is unique to each job opening, the process to obtain this Work Permit is different in most situations.
Both of these work and residence permits are initially approved for one year.
How do I get a Work Permit for Spain?
For both processes, the employer must submit the work permit application so that the employee can travel to Spain to work for them.
The application can be filed online and takes 20 days for the highly-qualified. It takes up to 90 months for normal work permits.
Once the work permit is approved, the employee can visit the consulate at their place of residence and apply for a residence visa to enter Spain.
The application for the highly qualified residence permit can also be processed directly online while visiting Spain as a tourist. Therefore, you don’t need to apply for a Spanish entry visa. You can also apply for the Foreigner Identity Card, or TIE, directly.
Who is eligible?
All non-EU citizens who have a job offer to work in Spain. You must have a legitimate offer of employment from a company.
What is the difference between highly professional and work permit?
The residence requirement for highly qualified personnel is focused on jobs that require a certain amount of work experience or higher education in the sector or that are of strategic interest for the Spanish economy.
In addition, salaries must meet a minimum amount in line with the required expertise.
What's the Process of Getting the Residence and Work visa
1. Have an employer
You must have an employer willing to employ you. This is mandatory
2. Local market test
For a regular work permit, your employer must publish a job advert for the position. They must then get a certificate from the administration stating that there are no adequate candidates already in Spain. This step isn’t needed for the Highly-Qualified Residence permit or if you are a Peruvian or Chilean citizen.
3. Apply for the Permit
Your employer has to apply for the work permit with the Spanish administration. This application can be submitted electronically.
4. Get an Entry Visa
As soon as the work permit is issued, the employee has to apply at their local Embassy or Consulate for a Spanish entry visa. If the person is already in Spain and applying for a Highly-Qualified Professional residence permit, they can avoid this step.
5. Register with Social Security
Once you have entered Spain, you must be registered with Social Security to obtain access to healthcare and other services.
6. Apply for Foreign ID Card
Finally, you must for the foreign ID card in order to perform administrative tasks like getting a phone contract.
How do I Renew the Spanish Work Permit?
To renew the permit, the employee must show that they continue to work for the same company. The business must also show that they have made the correct social security contributions.
The work permit is renewed for two-year periods.
If the employee is dismissed but have worked for a specific amount of time, they may keep their work permit if they meet certain requirements. The team at Lexidy LegalTech Boutique can help in these scenarios.
What Documents do I Need?
Each application must contain the following paperwork:
This document must contain the salary, working hours, a collective bargaining agreement and the worker’s main functions. It must also contain a specific clause whereby the contract will not come into effect until the residence permit is approved.
Criminal Records Certificate
This must be obtained from the country or countries where the worker previously resided in the past five years. It must be legalized or translated.
Some documents concerning the corporate entity and form of government must be obtained. Documents concerning the economic solvency of the company may be requested.
Employee Qualifications and Career
The employee must show that they have the knowledge and experience to perform the job.
Work permit applications are highly likely to require other papwerwork such as a job description or job report. Specifics vary on a case-by-case basis.
How can a lawyer help with the residence and work permit?
We are here to assist you through the whole process. Our lawyers start by reviewing all your necessary documentation and help you to complete various forms. After this initial step, we submit an online application and if approved, we help you to obtain your foreign ID card.
Part of our process involves understanding your situation and assessing the scenario that works best for you. Spain has a range of work permits and your circumstances may work better for a certain type of permission or document.
We provide a quality service where you can easily contact us throughout the application process. We are here to answer any questions and aim to do so within 24 hours.
Our lawyers are dedicated to support you in every step of the process towards living and working in Spain. We will advise on how to work sworn translators and how to get paperwork officially certified.
¨We will be with you each step of the journey.¨
We are a department formed by qualified legal experts who have been trained in the field of immigration law. We work on these requests every day and it’s our passion. For us, Lexidy is a way of life and what excites us the most is to be able to deliver the happiness and satisfaction of a successful immigration process. We want to help you achieve your goals and dreams.
Frequently Asked Questions
You can work up to 20 hours per week under a student visa, as long as the duties are related to your studies. You will need to apply for additional authorisation from your local Immigration office.
If you are not a EU citizen, you will need a work permit to work as an employee in a company and this needs to be tied to your residence permit.
EU citizens can work simply by registering as a resident in Spain without needing an additional permit.
If you have a residence and work permit under the general scheme, you can change employer without any problems.
If you change your place of work under a residence and work permit as highly-qualified personnel, you will need to reapply for the same permit with the new employer or change your residence permit as highly-qualified personnel to one under the general regime.
You can work by registering as a resident in Spain without needing an additional permit.
If you are a worker under the general scheme, you must prove that you are still registered with social security or that you have worked at least six months to be entitled to unemployment benefits.
If you are a highly-qualified professional, you must prove that you are still working for the same company.
When renewing a residence permit for employees under the general scheme, you must have another job or switch into another residence permit.
If you are a highly-qualified professional, you must inform your Union 30 days after you have been discharged from social security.
The regular work permit and the residence permit as a highly-qualified professional are both initially granted for one year.