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What is a Work Permit Or Visa in Spain?
In Spain, a work visa allows non-EU nationals to legally live and work within the country. For employers, the process typically involves securing a work permit for the employee before they apply for a visa. While the work permit is authorization from the Spanish government allowing the employee to work in the country, the visa grants them the right to enter and reside in Spain.
In Spain, a work permit and a work visa are two distinct but interconnected components for hiring non-EU nationals:
Work Permit: Authorization from the Spanish government that allows a foreign national to legally work in Spain. It is secured by the employer before the employee applies for a visa.
Work Visa: An entry document that allows the individual to enter and reside in Spain legally. It is applied for at the Spanish consulate in the employee’s home country after the work permit is approved.
Employers need to consider both when hiring a non-EU citizen, but will be dealing with work visas when sponsoring a foreign workers in Spain.
Who Needs a Work Permit Or Visa in Spain?
All non-EU/EEA nationals require a work permit and visa to legally work in Spain. Once granted, this is usually issued along with a residence permit.
Failure to ensure that employees have the necessary work authorization can lead to fines, penalties, and the invalidation of employment contracts. Employers are responsible for verifying that their foreign workers have valid work permits and ensuring that employees adhere to the terms of the permits.
Common types of workers requiring work authorization checks include:
- Non-EU skilled professionals
- Employees relocating from non-EU countries
- Au pairs or domestic workers arriving in Spain under specific work agreements
In order to hire an international worker in Spain, the job must be listed as a shortage occupation, meaning there were no suitable candidates in Spain or the EU.
Citizens of the EU or EEA member states don’t require a work permit or visa to work in Spain. They include nationals from the following countries:
Austria; Belgium; Bulgaria; Croatia; Cyprus; Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hungary; Ireland; Italy; Latvia; Lithuania; Luxembourg; Malta; Netherlands; Poland; Portugal; Romania; Slovakia; Slovenia; Spain; Sweden; Iceland; Liechtenstein; Norway
Playroll offers a streamlined solution to handle all complexities of compliance, ensuring a smooth process from onboarding to employment verification.
Types of Work Visas in Spain
There are several types of work visas in Spain, each tailored to a different context. Any work visa that is valid for longer than 3 months falls under the category of a long-stay visa in Spain.
Below is an overview of the most common work visas.
What are the Requirements for a Work Permit or Visa in Spain?
Each type of work visa has its own set of eligibility criteria and documentation requirements.
The requirements for a work visa could include:
- The applicant must have a valid job offer in Spain for the role
- Proof of accommodation
- The role must meet salary thresholds, which vary based on the position and industry
- Higher education qualifications or a number of years’ professional experience
Documents Required:
- Valid passport
- Employment contract and job description
- Proof of qualifications or professional experience
- Criminal record certificate from the home country
- Medical certificate
- Marriage certificate (for accompanying spouses)
For other visa types, similar documentation is needed, with slight variations based on the specific visa category. Employers should ensure that all documents are translated into Spanish by a sworn translator.
The Requirements For A Digital Nomad Visa in Spain
Spain introduced a Digital Nomad Visa in January 2023 to allow remote workers to live and work in Spain while employed by a non-Spanish company. The digital nomad visa is intended to encourage foreign investment and stimulate the local economy. It can also be a great benefit to employers, as it opens up the door to attracting and retaining a wider pool of international talent.
Applicants must prove they have sufficient financial means and can work remotely. The visa is valid for one year and can be renewed.
Some requirements include:
- A minimum income of €2,400 per month, with required income going up if accompanied by a spouse or more dependents.
- The applicant is working remotely for more than 3 months for a foreign company.
- Income from Spanish companies doesn’t exceed 20% of your total income
Other Considerations for Visas in Spain
- Dependent Visas: Family members, such as spouses and children, can apply for dependent visas to join the primary visa holder in Spain. Documentation includes certified marriage and birth certificates.
- Tax Implications: Depending on the visa type, employees may be subject to Spanish income tax. Employers should be mindful of tax compliance when hiring foreign nationals.
Sponsoring a Foreign Worker for a Job in Spain
Employers in Spain play a key role in ensuring a successful visa application for their foreign workers. Employer support includes providing the required employment contract, assisting with gathering necessary documents, and sometimes covering application fees.
Application Process for Work Permits:
- The employer files for authorization for temporary residence and employment permit to hire a worker for a period of more than ninety days and less than five years. You can read more about this process here.
- Upon approval, the employee applies for a work visa at a Spanish consulate in their home country.
- Once the visa is granted, the employee can enter Spain and begin work. They must register with Spanish Social Security and apply for their Foreigner Identity Card (Tarjeta de Identidad de Extranjero) within three months of their entry, at the local Foreigner’s Office or Police Station. This phase usually takes 30 days and the applicant will need to collect it personally.
Processing Time for a Spanish Work Permit Or Visa
Processing times for Spanish work visas vary, but typically range between 2-3 months. This includes the time it takes to collect the necessary documents and secure appointments at consulates. Delays in processing can have a significant impact on an employer’s ability to onboard new hires promptly, so planning ahead is crucial.
Example: A Highly Qualified Professional Visa typically takes 2-3 months to process. Employers should anticipate delays and factor in the time needed for document collection and consulate appointments.
Extending a Work Permit Or Visa in Spain
The validity of work permits in Spain varies. Work permits are generally valid for 1 year, but this can be longer depending on the type of visa. For example, a Highly Qualified Professional Visa is valid for up to two years, with the option to renew if the original employment conditions are still met.
After five years of continuous legal residence in Spain, workers can apply for permanent residency.
Navigating Work Visas in Spain with Playroll
Hiring foreign talent in Spain doesn't have to be complicated. Playroll supports the visa application process in Spain. With a wholly owned entity and on-the-ground experts in the country, we ensure compliance with Spanish work permit regulations and offer end-to-end support for employers and employees.
By leveraging Playroll's EOR services, you can focus on scaling your business, while we handle the paperwork.
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