Work Permits and Visas in Spain: A Quick Guide for Employers
Hiring or relocating talent to Spain presents exciting opportunities, but navigating the country’s immigration and labor compliance requirements can be complex. Employers must obtain the correct work documentation, follow legal procedures, and manage ongoing obligations for foreign employees to avoid delays, penalties, or compliance issues.
For employers, partnering with an Employer of Record (EOR) service in Spain can simplify these challenges. An EOR specializes in managing immigration compliance, handling work authorization processes, and ensuring adherence to Spanish labor laws—all while reducing risks and administrative burdens. By leveraging an EOR, you can focus on onboarding the talent you need without getting bogged down in legal complexities.
In this guide, I’ll walk you through the types of work visas available in Spain, the process for obtaining one, key considerations for employers, and how an EOR service can support you in hiring or relocating talent to Spain with confidence.
Why is Compliance with Spanish Immigration Rules Important?
Compliance with Spanish immigration rules is crucial for employers to avoid significant risks that can arise when hiring or relocating foreign workers. Non-compliance can result in hefty fines, legal penalties, and even restrictions on future hiring of foreign nationals.
Beyond financial consequences, companies may face increased scrutiny from Spanish labor authorities, leading to audits or operational delays that disrupt business activities.
Additionally, failing to adhere to immigration and labor compliance laws can damage your company’s reputation, both locally and internationally. In today’s interconnected business environment, maintaining a strong reputation is vital for attracting top talent and building trust with clients, partners, and employees.
Adhering to Spanish immigration rules not only ensures legal security but also demonstrates your company’s commitment to ethical employment practices. This commitment is especially important for global organizations looking to expand into Spain’s competitive market and establish a positive presence.
Who Can Legally Work in Spain?
In Spain, the right to work is determined by citizenship and residency status. Spanish citizens are automatically eligible to work without restrictions, as are citizens of the European Union (EU), the European Economic Area (EEA), and Switzerland. Individuals from these countries can live and work in Spain without the need for a visa or work permit, thanks to agreements that promote freedom of movement within these regions.
Non-EU citizens must obtain a work permit to work in Spain, which is typically issued alongside a residence permit.
Before applying for a work permit, non-citizens must secure a long-stay visa (also known as a national visa) that allows them to legally stay in Spain while their work permit application is processed.
Each step of this process involves strict documentation and adherence to Spanish immigration laws, making compliance essential to avoid delays or complications.
Understanding Spanish Work Visas And Permits
Securing a work visa in Spain is a multi-step process that begins with obtaining initial residence and work authorization. This authorization, issued by the Ministry of Inclusion, Social Security, and Migration, is a legal status that confirms the employee’s right to live and work in Spain. Without this approval, the employee cannot proceed to apply for a work visa.
Importantly, the responsibility for obtaining this authorization falls on the employer.
Employers must submit an application on behalf of the employee, including all required documentation to prove the validity of the employment offer and the company’s compliance with Spanish labor laws.
Once the Ministry grants the authorization, the employee can apply for a work visa, which permits entry and legal residency in Spain for the duration of their employment.
This employer-led process ensures that all parties comply with Spain’s immigration regulations and helps establish a smooth path for the employee’s relocation and onboarding.
Types of Long-Stay Work Visas in Spain
Spain offers a variety of long-stay work visas to accommodate different employment scenarios. Below is an overview of the primary options, including their purpose, eligibility, and key details.
Highly Qualified Professional Visa
The Highly Qualified Professional (HQP) Visa is designed for professionals in specialized roles, such as senior managers, technical experts, or researchers.
To qualify, applicants must hold an advanced degree and demonstrate that their skills align with the job requirements. Employers sponsoring this visa must be registered with Spain’s Large Companies and Strategic Groups Unit.
Standard Work Visa
The Standard Work Visa is for non-EU citizens hired to perform roles that do not fall under highly specialized categories.
Applicants need a formal job offer from a Spanish employer and must meet all job-specific qualifications. The employer is responsible for securing initial work authorization on behalf of the employee.
Investment Work Visa
The Investment Work Visa is targeted at individuals making significant economic contributions to Spain, such as entrepreneurs or investors.
Eligibility requires proof of substantial investment, such as acquiring real estate or creating jobs within the country. This visa is typically granted under Spain’s Golden Visa program.
Employee Work Visa
The Employee Work Visa is intended for non-EU citizens hired to work for Spanish companies in standard roles.
Applicants need a valid employment contract and must meet qualifications specific to the job. Employers must demonstrate that the position cannot be filled by a local or EU citizen.
Self-Employed Work Visa
The Self-Employed Work Visa is for entrepreneurs and freelancers who plan to establish their own business or work independently in Spain.
Applicants must provide a detailed business plan, proof of sufficient financial resources, and documentation showing the viability of their proposed work. Additional approvals may be required from professional associations, depending on the industry.
European Union Blue Card
The EU Blue Card is for highly skilled non-EU professionals who hold a university degree or equivalent professional experience. It allows holders to live and work in Spain and provides pathways to residency and mobility across EU member states.
Applicants must secure a job with a salary threshold above the average for Spain.
Arraigo Social Permit
The Arraigo Social Permit is a special work permit for individuals who have lived in Spain for at least three years without legal residency.
Applicants must demonstrate social integration, provide proof of local ties, and secure a job offer from a Spanish employer. This permit is a pathway for undocumented residents to formalize their legal status and employment rights.
How to Apply for a Work Visa in Spain
Applying for a work visa in Spain involves several steps, with both the employer and employee playing key roles. Below is a step-by-step overview of the process:
- Employer Requests Authorization: The process begins with the employer submitting an application for initial residence and work authorization to the Ministry of Inclusion, Social Security, and Migration. The employer must provide:
- A valid employment contract
- Proof that the position cannot be filled by a local or EU citizen
- Company registration documents and proof of compliance with tax and labor laws
- Authorization Approval: Once the work authorization is approved, the employee has up to one month to apply for a long-stay work visa at their nearest Spanish consulate or Spanish Embassy.
- Employee Submits Work Visa Application: The employee must complete the visa application and provide the following documents:
- A valid passport (with at least six months remaining validity)
- Two recent passport-sized photos
- Proof of work authorization (approved by the Ministry)
- A completed and signed visa application form
- A copy of the employment contract
- Proof of sufficient financial resources or employer sponsorship
- Health insurance covering Spain
- A criminal record/background check from the employee’s home country
- Processing Time and Visa Approval: Visa processing typically takes several weeks. Once approved, the employee receives the visa, allowing them to travel to Spain and begin working.
This process ensures compliance with Spanish immigration regulations and allows employers to hire foreign talent legally and efficiently.
Use an EOR to Avoid Immigration Compliance Stress
An Employer of Record (EOR) is a third-party service that acts as the legal employer for your international hires while you retain full control over day-to-day management.
EORs handle a range of services, including ensuring compliance with immigration and labor laws, managing work permit and visa processes, and providing global payroll services. This makes them an invaluable partner for businesses navigating Spain’s complex legal requirements for hiring foreign employees.
By partnering with an EOR, employers gain significant benefits, such as continuous compliance monitoring to avoid fines or penalties. Many EORs also offer misclassification insurance to protect against risks associated with worker misclassification, particularly for global teams. Their expertise in global hiring ensures a smooth process for obtaining work permits and visas, reducing administrative burdens and providing peace of mind for HR teams.
Using an EOR allows you to focus on hiring the right talent and managing your business operations without worrying about the complexities of immigration compliance. It’s a strategic solution that minimizes risk, streamlines the onboarding process, and ensures your international hiring efforts align with Spanish regulations.
Best Employer of Record Services in Spain
If you’re ready to use an EOR service in Spain, these are my top 10 recommendations:
Frequently Asked Questions
Hiring foreign employees in Spain comes with many questions. Here are the answers to the most common ones:
Who is eligible for a work permit in Spain?
Non-EU, EEA, or Swiss citizens are eligible for a work permit in Spain if they have a valid job offer from a Spanish employer, meet the qualifications for the role, and obtain residence and work authorization through the proper legal channels.
Does Spain offer a digital nomad visa?
Yes, Spain offers a Digital Nomad Visa (officially known as the “International Teleworking Visa”), which allows non-EU/EEA remote workers and freelancers to live and work in Spain (for an employer located outside of Spain) for an initial period of up to 12 months, with the possibility of renewal for up to five years.
Applicants must have a university degree or at least three years of professional experience, and their income from Spanish companies must not exceed 20% of their total earnings.
This visa provides a pathway to temporary residency and potential permanent residency after five years.
Does Spain offer a Working Holiday Visa?
Yes, Spain offers a Working Holiday Visa, also known as the Youth Mobility Visa, to young citizens from select countries, including Australia, Canada, Japan, South Korea, and New Zealand.
This visa allows eligible individuals, typically aged 18 to 30 (up to 35 for Canadians), to live and work in Spain for up to one year. Applicants must meet specific criteria, such as demonstrating sufficient financial resources and having health insurance coverage.
What is a European Union Blue Card?
The European Union Blue Card is a work and residence permit for highly skilled non-EU professionals. It allows permit holders to live and work in Spain and other participating EU countries.
To qualify, applicants must have a university degree or equivalent professional experience, a valid job offer in Spain, and a salary above the country-specific threshold.
What is a Schengen Visa?
A Schengen Visa is a short-term visa that allows travelers to move freely within the 27 Schengen Area countries, including Spain, for up to 90 days within a 180-day period. It is typically used for tourism, business, or family visits but it does not permit holders to work in Spain or other Schengen countries. For employment purposes, a specific work visa is required.
The 27 Schengen Area countries are:
Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.
Note: While all Schengen Area countries are in Europe, not all EU countries are part of the Schengen Area, and some non-EU countries (like Iceland, Norway, Liechtenstein, and Switzerland) are included.
What is a Foreigner’s Identity Number/Card and how do you get one?
A Foreigner’s Identity Number (Número de Identidad de Extranjero or NIE) is a unique identification number issued to non-Spanish residents for tax, legal, and administrative purposes. It is often accompanied by a Foreigner’s Identity Card (Tarjeta de Identidad de Extranjero or TIE), which serves as official proof of your residency status in Spain.
To obtain an NIE or TIE, you must apply at a local police station or immigration office in Spain, typically after securing a visa or work permit. The application requires completing a form, providing identification (passport or equivalent), and paying a processing fee.
How long does it take to get a work permit in Spain?
The processing time for a work permit in Spain typically ranges from 1 to 3 months, depending on factors such as the specific type of permit, the workload of the authorities, and the completeness of the application.
To help expedite the process, ensure that all required documentation is accurate and complete when submitting the application.
What documents are required for a Spanish work permit application?
The documents required for a Spanish work permit application typically include:
- A valid passport with at least six months of validity remaining
- A completed work permit application form
- A copy of the employment contract from the sponsoring employer
- Proof of the employer’s compliance with Spanish labor laws (e.g., tax and registration documents)
- Evidence that the job cannot be filled by a local or EU citizen
- The applicant’s educational or professional qualifications that are relevant to the job
- Health insurance covering Spain
- A clean criminal background check from the applicant’s home country
Note, additional documents may be required depending on the specific visa type.
How much does it cost to get a work permit in Spain?
Generally, Spanish visa application fees range from €60 to €150, depending on the specific work permit category.
However, the cost of obtaining a work permit in Spain varies based on the type of visa and the applicant’s country of residence. For example, US citizens applying for a self-employment visa may face fees around €248, while Canadian citizens could incur costs up to €1,447.
It’s important to note that these fees are typically non-refundable, even if the application is denied. Given that fees can vary and are subject to change, it’s advisable to consult the Spanish consulate or embassy in your country for the most up-to-date information before applying.
How long is a Spanish work permit valid for?
A work permit in Spain is typically valid for one year and can be renewed annually as long as the conditions of employment and residency remain valid. After five years of continuous legal residence and employment, the permit holder may be eligible for permanent residency.
How do you renew a work permit in Spain?
To renew a work permit in Spain, the employee must submit a renewal application to the immigration authorities within 60 days before or 90 days after the permit’s expiration date. The process requires proof of continued employment, including an updated work contract, tax compliance records, and a valid residence permit.
If approved, the renewed permit is typically valid for another year, with eligibility for longer renewals after multiple renewals.
Are family members included in work visa applications in Spain?
Family members are not automatically included in work visa applications in Spain. However, employees with a valid work visa can apply for family reunification permits to bring immediate family members, such as spouses and children, to Spain. This application process typically requires proof of sufficient income, housing, and legal residency.
How much does an Employer of Record charge in Spain?
The cost of EOR services in Spain varies based on the provider and the range of services offered. Some EORs charge a flat monthly fee per employee, while others apply a percentage of the employee's salary.
In general, EOR services in Spain cost between $199 to $599/employee/month.
Some EOR service providers, like Skuad and Remofirst, offer services starting at $199 USD per employee per month, whereas others, like Remote, charge between $599 and $699 USD per employee per month, depending on your payment frequency (monthly or annually).
Other EOR companies, such as Velocity Global, don’t actually disclose their EOR prices publicly, requiring you to request a personalized quote instead.
I recommend consulting directly with several EOR providers to obtain detailed and accurate pricing information tailored to your company's requirements.
What are the risks of using an Employer of Record service?
While EOR services simplify international hiring, potential risks include loss of direct control over certain HR functions, reliance on the EOR's compliance accuracy, and unexpected fees for additional services.
It’s crucial to select a reputable EOR with transparent pricing and proven expertise in managing employment laws within Spain to mitigate these and other potential risks effectively.
The Bottom Line
Navigating the complexities of work permits and visas in Spain can be challenging, but with the right approach and support, it’s entirely manageable.
Partnering with an Employer of Record is a strategic move for minimizing these challenges, as they handle everything from work authorization to payroll, giving you peace of mind.
If you’re considering hiring or relocating talent in Spain, start by assessing your organization’s needs, understanding the visa requirements, and researching trusted EOR providers. By taking these steps, you’ll be better equipped to manage the process effectively and build a strong, compliant international team.
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This content is for informational purposes only, and should not be relied upon as legal advice. We recommend always following the advice of an employment lawyer or EOR partner before making any decisions to hire employees in Spain.
