The hiring of foreign nationals in Spain is governed by the current immigration laws, which outline various types of authorizations and permits for living and working in the country. One of the most common options is the Initial Residence and Work Permit for Employment, designed for foreign nationals with a definitive job offer in Spain.

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Initial Residence and Work Permit for Employment

The hiring of foreign workers from their country of origin allows Spanish employers to recruit workers from other countries. In general, any foreign national who wishes to come to Spain with a work permit must have a job offer that cannot be filled by a Spanish citizen or resident.

Unless you are already in Spain under another type of residence or stay, this authorization must be requested while the employee is in their country of origin.

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Requirements for the Authorization of Residence and Employment

To obtain this authorization, a foreign worker must meet the following requirements for securing a work contract in Spain:

1. Non-EU Citizen: The applicant must not be a citizen of the European Union, the European Economic Area, or Switzerland. This authorization is intended for non-EU nationals.

2. Not in Spain Illegally: The applicant must be outside Spain at the time of initiating the application process.

3. Clean Criminal Record: The applicant must not have a criminal record in Spain or in previous countries of residence for offenses under Spanish law.

4. No Entry Ban: The applicant must not be subject to an entry ban into Spain or listed as inadmissible in territories of countries with which Spain has agreements.

5. No Commitment of Non-Return: If the applicant has previously agreed to a commitment of non-return to Spain after voluntarily returning to their country of origin, the stipulated period must have been fulfilled.

6. Payment of Fees: The applicant must pay the fees for processing the residence and work authorization.

7. National Employment Situation Compliance: The hiring must comply with the national employment situation. The job must be included in the catalog of hard-to-fill occupations, not fillable by Spanish or resident foreign nationals, or meet the conditions outlined in Article 40 of Organic Law 4/2000.

8. Employment Contract: A signed employment contract must be presented, guaranteeing continuous activity for the duration of the authorization.

9. Labor Conditions Compliance: The job contract terms must comply with current labor regulations.

10. Registered Employer in Social Security: The employer must be registered with the Social Security system and up to date on tax and social security obligations.

11. Sufficient Employer Resources: The employer must have sufficient economic, material, or personal resources for their business project and to fulfill the obligations under the contract.

12. Worker’s Professional Qualification: The worker must possess the required qualifications or professional certifications for the position.

Required Documentation for Residence and Employment

The applicant must provide the following documents for a work contract in Spain:

General Documentation

Original Passport: Valid for at least 4 months with at least 2 blank pages.
Visa Application Form: Two copies, duly completed and signed.
Photo: Meeting the technical requirements of ICAO Document 9303.
Initial Authorization for Employment: Issued within the framework of an annual hiring program from the country of origin.
Work Contract: Stamped by the Immigration Office and electronically signed.
Medical Certificate: Confirming no serious illnesses as per WHO International Health Regulations.
Criminal Record Certificate: From the country or countries of residence over the last 5 years.
Consular Fee Receipt: Proof of payment of the consular fee.

Additional Documentation for Minors

Proof of Relationship or Guardianship: Legal documents establishing parentage or appointment of guardians.
Written Consent: Authorization from both parents or guardians.
Declaration from the Caregiver in Spain: A notarized statement from the person who will assume responsibility for the minor in Spain.
Negative Certification from the Central Registry of Sexual Offenders: Ensuring no offenses against minors.

General Rules for Documentation

The passport must allow for a return to the country of origin.
Unsigned application forms will not be accepted.
Official documents must be issued within the last 3 months (or 6 months in exceptional cases).
Foreign documents must be legalized or apostilled and, if necessary, translated into Spanish by a sworn translator.

Considerations for Hiring Foreign Nationals in Spain

If a foreign worker competes with the “national employment situation” (SEPE), meaning their professional profile is not listed in the catalog of hard-to-fill occupations or the position cannot be filled by Spanish citizens or resident foreigners, the following should be considered to understand how to travel to Spain with a work contract:

Catalog of Hard-to-Fill Occupations: If the position is included in SEPE’s quarterly catalog of hard-to-fill occupations, hiring is possible without proving the absence of national or resident workers for the role.
Negative SEPE Certificate: If the position is not listed in the catalog, the job offer must be managed through the Employment Office. If, after a reasonable period, the office issues a negative certificate stating no candidates are available, hiring will also be viable.

Exceptions to the National Employment Situation

There are two scenarios where complying with the national employment situation is unnecessary to hire a foreign worker:

Exceptions Under Article 40 of Organic Law 4/2000
- Spouses or children of foreign residents in Spain with renewed authorization.
- Children of Spanish nationals or EU citizens with at least one year of legal residence in Spain.
- Holders of a previous work authorization applying for renewal.
- Workers essential for assembling or upgrading facilities or equipment.
- Foreign nationals with Spanish ascendants or descendants.
- Foreign nationals born and residing in Spain.
- Children or grandchildren of Spanish nationals by origin.
- Other specific cases.
International Agreement
- Citizens of countries with bilateral agreements with Spain, such as Peru and Chile.

Requirements for the Work Contract

The work contract must meet the following requirements to facilitate travel to Spain with a work contract:

Specific Clauses and Conditions: It must guarantee continuous activity during the authorization period, with a minimum duration of one year and a 40-hour workweek (generally).
Compliance with Regulations: Employment conditions must align with Spanish legislation, including the minimum interprofessional wage (SMI) for part-time contracts.

Employer Requirements

The employer must meet the following criteria:

Social Security Registration: The employer must be registered with the Social Security system and up to date on tax and social security obligations.
Economic Solvency: The employer must demonstrate sufficient economic, material, or personal resources to support their business project and fulfill labor obligations. For individual employers (domestic workers), financial solvency must be proven through tax returns, pay slips, or other documents.

Worker Requirements

For companies, the worker must prove they have the necessary qualifications and professional skills required for the position.

Procedure for Applying for an Initial Residence and Work Permit for Employment

The application for this authorization must be submitted to the Immigration Office in the province where the job will take place. Once the authorization is granted, the worker must apply for the corresponding visa at the Spanish Consulate in their country of origin, allowing them to work in Spain under a valid employment contract.

1. Submitting the Authorization Application to the Immigration Office

Application Submission: The application can be submitted by the employer or entrepreneur, either directly or through an authorized legal representative acting on behalf of the company.

Where to Submit the Application: The application must be submitted to the Immigration Office in the province where the services will be performed. If the company has more than 500 employees and operates in multiple provinces, the application must be submitted to the Large Companies Unit of the Directorate-General for Immigration.

Residence and Work Fees: Fees are generated upon acceptance of the application and must be paid within 10 business days. The following forms apply:

Form 790, Code 052, Section 2.1: Paid by the foreign worker for the initial authorization of temporary residence.
Form 790, Code 062: Paid by the employer, with the following options:
- Section 1.1: If the salary is less than twice the minimum interprofessional wage (SMI).
- Section 1.6: If the salary is equal to or greater than twice the SMI.

2. Authorization Granted by the Immigration Office

If granted, the worker has one month from the employer’s notification to personally apply for the visa at the diplomatic mission or consular office corresponding to their place of residence. The notification will be sent to the company or its authorized representative.

3. Applying for the Visa in the Country of Origin

To apply for the visa, the following documents must be submitted:

Valid passport or recognized travel document with a minimum validity of four months.
Criminal record certificate issued by the authorities in the country of origin or countries where the worker has resided in the last five years.
Medical certificate.
Copy of the employment contract, submitted and stamped by the Immigration Office.
Proof of visa fee payment (€60).

The diplomatic mission has one month to process the application. Once the visa is granted, the worker must personally collect it within one month of notification. Failure to collect the visa within this timeframe will result in the case being closed.

The worker must enter Spain within the three-month validity period of the visa. This visa allows entry and stay in the country until the worker is registered and affiliated with the Social Security system, which must be completed within three months of entry.

4. Entering Spain and Applying for the Foreigner Identity Card (TIE)

Once the foreign worker has entered Spain within the validity period of the visa, they have one month to:

Be registered by the employer.
Visit an Immigration Office for fingerprinting and to obtain the TIE.

Entry and Stay in Spain with a Work Contract

The visa holder must present the same travel document used during the visa application. However, the visa does not guarantee automatic entry into Spain; the worker must prove compliance with the requirements to the border authorities.

The passport must be stamped upon entry.
Within three business days, the worker must visit a police station or Immigration Office to submit a declaration of entry if arriving from a Schengen state.
The worker has three months from entry to register with Social Security and one month from registration to apply for the TIE.

Can I Bring a Child to Spain with a Work Contract if I Am Spanish?

As a Spanish citizen, you can bring your child to Spain with a work contract, depending on their age and nationality. If they are a minor or dependent, you can arrange for family reunification to allow them to reside legally in Spain and then seek employment. If they are an adult and not a citizen of the EU, EEA, or Switzerland, they will need a work contract and must apply for a visa. However, children of naturalized Spanish citizens are exempt from meeting the national employment situation requirements, as outlined in the exceptions under Article 40. This means there is no need to prove that the position cannot be filled by an unemployed person already residing in Spain.

Applicable Regulations

Organic Law 4/2000, January 11: This law governs the rights and freedoms of foreign nationals in Spain, as well as the conditions for their residence and employment. Articles 36, 38, and 40 are particularly relevant, as they regulate employment-based residence authorizations and exceptions to the national employment situation requirement.
Regulation of Organic Law 4/2000 (RD 557/2011): This regulation outlines the procedures and requirements for obtaining various residence and work authorizations. Articles 62 to 70 are especially important for employment-based residence.

Frequently Asked Questions About Going to Spain with a Work Contract

Does Initial Temporary Residence for Exceptional Circumstances Allow Work? Yes, temporary residence for exceptional circumstances in Spain allows legal residence. Whether it enables employment depends on the specific situation:
- Social Roots (Arraigo Social): If the applicant has a work contract, they are authorized for employment.
- Labor Roots (Arraigo Laboral): If the applicant has had at least six months of employment relationships, they are also authorized to work.
How Can a Foreigner Obtain a Work Contract in Spain?
- Obtaining a work contract in Spain requires:
  - Having the necessary documentation, such as a NIE or residence permit.
  - Understanding the work permit requirements for your situation (employment-based or exceptional circumstances).
  - Searching for job offers that sponsor work permits.
  - Networking and attending events to expand your connections.
  - Consulting organizations that provide guidance on the process.
    - Considering professional training courses to enhance your skills.
What Is a Pre-Employment Contract for Foreigners in Spain? A pre-employment contract is a preliminary agreement between an employer and a foreign worker. It outlines the basic terms of a future employment relationship, such as position, contract duration, and salary. This document is critical for foreign workers needing a work permit, as it proves the existence of a genuine job offer.
Which Companies Sponsor Work Visas in Spain? There is no official list of companies that sponsor work visas in Spain. However, large multinational corporations, tech startups, and companies in high-demand sectors (e.g., engineering, IT, healthcare, and tourism) often sponsor visas. Platforms like Glassdoor and Indeed frequently feature job listings that include visa sponsorship opportunities.
What Are the Requirements for Hiring Foreign Workers from Their Country of Origin?
- Hiring foreign workers directly from their country requires:
  - Justifying the job position and ensuring it meets labor conditions.
  - The worker providing a valid passport and criminal record certificate.
  - Proper legal assistance to ensure a smooth process.

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How to Go to Spain with a Work Contract