As you may know, non-EU citizens have different options in order to legally work in Spain. The highly qualified visa, the entrepreneur residence permit… But, in this case, we are going to focus on the work permit as an employee or “por cuenta ajena”. It is for sure one of the work residencies more suitable for the vast majority of foreigners. Are you ready?
If you would like to start working for a company in Spain, then the “cuenta ajena” is your work permit. You will first need to find a job offer in Spain while you are in your home country. And this is really important. You cannot apply to this visa from Spain.
Conversely, there is another type of work permit, the highly qualified visa, which you can get while in Spain.
It will be your new employer the one starting the procedure and signs the application document.
We are talking about a 1-year permit that can be renewed for 4 years. From then on, you can get permanent residency in Spain.
Main requirements
REGARDING THE COMPANY
- The company from which you receive the offer must be registered on the social security and up to date with its tax duties
- Although it is not a legal requirement, many offices demand that the company must have been operating for a minimum of one year or demonstrate the real need to hire a foreign worker
- The employer/company must demonstrate that it has sufficient financial resources to employ the worker.
- The employer/company needs to prove enough means to
- The role that the worker is to perform within the company must be included in the list of hard-to-fill roles published quarterly by the State Public Employment Service.
- If it is not included, the company must provide the immigration office with a very clear justification as to why that worker is the only person capable of carrying out that role and why the company needs them.
- The job contract you will be getting must be equivalent to that of the residence permit; if it is an initial permit, then 1 year; if it is a renewal, 4 years. Furthermore, a necessary condition is that this contract does not have any start date, as that must depend on the attainment of the work permit. We recommend that you include that in an additional clause within the application procedure.
- The contract may be either part-time or full-time
- With a salary of at least the minimum wage, regardless of whether it is a part-time role, in which case the salary will be equal to the full-time national minimum wage.
- It must respect the national situation of unemployment (more on this in the upcoming section)
ABOUT THE APPLICANT
- You must be over 16 years old in order to get the work visa por as an employee
- Many times, having related studies to the job position you will be developing is required
- You must not have a criminal record (although the authorities will review your case and this is not strictly grounds for refusal, depending on the nature of the offence)
- Having a health insurance contract is required
- You will need to pay the corresponding fee
Do you have any doubt? Ask anything to our immigration lawyers:
National situation of employment
In order to hire a foreigner, the first step is to submit the application for a work permit online via the Ministry of Territorial Policy and Democratic Memory’s electronic portal (Mercurio).
In this application, you must explain that the post you are offering is difficult to fill and that you specifically require that particular worker, in addition to other documents which we will explain later.
Nevertheless, there are a few exemptions defined by the 40 LOEX article, meaning that the following ones can get a work permit as company workers without taking into consideration the national situation of unemployment:
- Citizens from Chile and Perú
- Those who get their working residency through the arraigo procedure
- Individuals born in Spain
But what does it really mean to respect the national situation of unemployment? To put it simply, not all job offers are suitable for this work permit procedure.
Every 3 months a catalog with job positions which are difficult to cover are published. The first thing you must do is reviewing that catalog and checking if the offer you have is inside that list. This is what is called the shortage occupation list.
Another option for the employer would be going to the Generalitat and stating exactly what the company needs. After defining which is the profile you would like to hire (for example, saying: “we need a graphic design engineer”), the regional government will send candidates so the company can interview them.
If none of those applicants were hired, then the company can hire a foreigner, provided that she meets all the requirements.
This means that the Spanish Immigration Law first favors Spanish nationals so they can find a job easily. Then, if none of them applied or none was suitable for the company’s needs, the spot is open for foreign workers.
Documents required for a work permit for employed persons
To obtain a work permit for employed persons, you will need certain mandatory documents; we have listed them below, categorised by who is responsible for providing them:
Documents to be provided by the worker:
- A valid passport or travel document.
- Document proving professional qualifications to practise the profession
Company documentation:
- Documentation identifying the company applying for the authorisation:
- In the case of a sole trader: a copy of the tax identification number (NIF) or foreign national identification number (NIE)
- In the case of a legal entity (S.A., S.L., cooperative, etc.):
- A copy of the company’s tax identification number (NIF) and a copy of the articles of association, duly registered with the relevant registry.
- Documentation proving that the company can guarantee the necessary financial solvency (personal income tax return, VAT return, or corporation tax return, etc.)
- Official form (EX – 03), signed by the hiring company.
Documentation relating to the employment relationship
- A copy of the employment contract
- A document proving that the work does not affect the national unemployment figures
If the documents are from another country, please note that they must be translated into Spanish by a sworn translator and duly apostilled or legalised.
Step-by-step application procedure
If you have a job offer in Spain and need to apply for a residence and work permit as an employee, it is important that you are familiar with each stage of the process and the exact deadlines set by the authorities.
Below, we explain the full procedure, step by step:
First of all, you need to find a job offer int he country. Once you have that done, the employer (or a legal representative) must initiate the administrative file in Spain.
The application must be submitted to the Immigration Office in the province where the services are to be provided, or online via the Mercurio platform.
Once the application has been submitted, the authorities have three months to reach a decision, counted from the day following the date on which it is entered into the register of the competent body. If this period elapses without a decision having been notified, the application is deemed to have been rejected by administrative silence (implicit rejection).
If the decision is favourable, the initial residence and work permit for employment is granted. However, this decision does not yet allow the applicant to reside or work in Spain: it is an essential preliminary step in order to proceed with the visa application.
After that, the employer will receive the resolution. If it is favorable, you will be able to get your visa in your origin country (not in Spain). You will have 30 days to go to the Spanish consulate to solicit the visa.
Make sure to bring the favorable resolution that the employer got (signed by her), your health insurance contract, and your criminal records.
It will take 3 months to get a response.
Once you obtain it, you will have 90 days to come to Spain with your visa. Once inside, you must obtain your residency card.
From the moment they enter Spain, workers have a further three months in which to register with and enrol in the Social Security system. It is precisely this procedure that makes the initial residence and work permit valid.
Once registration has been completed, workers must apply in person for a Foreigner’s Identity Card (TIE) within one month.
| Stage | Timeframe |
|---|---|
| Decision on the application by the Spanish authorities | 3 months |
| Visa application following approval | 1 month |
| Decision on the visa application by the consulate | 1 month |
| Entry into Spain (visa validity period) | 3 months |
| Social Security registration after entering Spain | 3 months |
| TIE application following Social Security registration | 1 month |
Work permit under arraigo
In case you obtained your residence authorization through arraigo familiar or arraigo social, things will be different.
That is due to the fact that, as this authorization implicitly has a work permit, you don’t need to realize the whole procedure we talked about before.
You are allowed to work in Spain straightaway.
Employee work permit renewal
As we have previously mentioned, the work permit as an employee or por cuenta ajena allows you to live and work one year in the country with the option to renew and extend your stay.
But, how to do it exactly? Which are the main conditions to renew the permit?
- To continue in the same employment relationship that gave rise to the authorisation: this is the simplest scenario and does not require you to provide any additional documentation.
- If you are not continuing in the same job, you must provide evidence that you have been in employment for at least three months per year, and that you are in one of the following situations:
- you have signed a new contract and are registered as employed (or in an equivalent situation) at the time of application
- you have a new contract conditional upon the renewal being granted
- Your previous employment relationship must have ended for reasons beyond your control and you must have actively sought work by registering as a jobseeker with the relevant Public Employment Service.
- Shortfalls in Social Security contributions do not in themselves prevent renewal, although the authorities will bring this situation to the attention of the Labour Inspectorate.
- You must have been registered with Social Security for at least 9 months within a 12-month period, even if you are no longer in the same employment relationship.
- A family member with whom you live (by blood relation) must be able to sponsor you, providing proof of income of at least the national minimum wage.
When should it be done?
Between 60 days before and 90 days after the expiration of your residency card.
Frequently asked questions on the work permit as an employee
Can I change my job?
During the initial residence and work authorization, you can change your job position or the company you are working for. But be careful. When the renewal moment comes, you can’t change from cuenta ajena to cuenta propia (work permit as a self-employed) in order to bring your relatives to Spain.
What will the renewal allow me to do?
The renewal is granted for a period of four years (unless you are already eligible for long-term residence), and entitles you to work either as an employee or on a self-employed basis, in any occupation and anywhere in the country.
How long will it take the authorities to decide on my application for a residence permit for employment?
The authorities have three months to reach a decision. If they do not do so within that period, the application is deemed to have been approved by administrative silence, unlike the initial application, where silence works against you.
What happens if your application is rejected?
Receiving a rejection isn’t as unusual as you might think. There are common and frequent reasons for rejection that can easily be avoided.
- Failing to meet the contract requirements
- Submitting incomplete or out-of-date documentation (this is the most common reason)
- Your employer having outstanding penalties or debts with the tax authorities…
If your application has been rejected, it’s not the end of the world: there are three ways to resolve the issue.
First, you need to find out the reason for the rejection. If it was because you didn’t provide all the necessary documentation or because of an error in your documents, you’re in luck! This is a very common reason and the one that’s easiest to rectify.
Simply resubmit your application with the corrected documentation.
If the reason is different and you disagree with the refusal, you can:
- Lodge an appeal for reconsideration. This is an administrative appeal against the same body, within one month of the refusal.
- Lodge a contentious-administrative appeal, i.e. take legal action. You have two months from the date of refusal to lodge this appeal.
How long will it take the authorities to decide on my application for a residence permit for employment?
The authorities have three months to reach a decision. If they do not do so within that period, the application is deemed to have been approved by administrative silence, unlike the initial application, where silence works against you.
Tips to enjoy a successful application
Getting a work permit in Spain “por cuenta ajena” can be difficult sometimes. Making sure that you know and meet the right requirements is crucial in order to guarantee a successful application.
While it is true that there are other residence permits that also allow you to work, often the regular work permit is the only alternative.
That is why relying on experienced immigration lawyers for the process can be really useful.
We have been helping more than 1.000 clients with their immigration needs in Spain, and now it is time that we help you out.
Speak with one of our
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