Spain Work Permits & Visas: Processes for Employers

Navigating the work permit and visa process in Spain can be complex for employers, particularly when relocating or hiring international employees. Whether you are bringing foreign talent into your organization or hiring from abroad, understanding the different work permit options and the specific visa processes will ensure a smooth transition. This guide outlines the essential steps, requirements, and types of work permits and visas that employers need to know when bringing international workers into Spain.

Who Needs a Work Permit 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 countries like Austria, France, Germany, Italy, and Sweden.

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.

Requirements for a Work Permit in Spain

Each type of work visa has its own set of eligibility criteria and documentation requirements. The general requirements for a work visa include:

• A valid job offer in Spain: The applicant must have a confirmed offer for the role.
• Proof of accommodation: Evidence that the applicant has a place to stay in Spain.
• Salary thresholds: The role must meet the required salary based on the industry.
• Qualifications or experience: Proof of higher education qualifications or relevant professional experience.

Documents Required:

• Valid passport
• Employment contract and job description
• Proof of qualifications or experience
• Criminal record certificate
• Medical certificate
• Marriage certificate (for accompanying spouses)

Spain Work Permit Application Process

• Step 1: Secure a formal job offer.
• Step 2: Employer submits the work permit application to the Ministry of Labor.
• Step 3: Wait for approval, which can take up to 8 months.
• Step 4: Apply for a work visa at the Spanish consulate in your home country.
• Step 5: Attend a visa interview.
• Step 6: Pay the applicable visa fees.
• Step 7: Receive the visa and travel to Spain.
• Step 8: Obtain a Foreigner's Identity Card (TIE) within 30 days.
• Step 9: Register with Social Security.

Process for Visa Sponsorship in Spain

Employers in Spain are responsible for sponsoring work permits by providing a valid job offer, supporting documents, and covering applicable fees. The employer must submit the application to the Ministry of Labor and ensure compliance with immigration laws.

What Are the Fees for a Work Permit or Visa in Spain

Processing Time for a Work Permit or Visa in Spain

The processing time for obtaining a work permit or visa in Spain varies depending on the type of permit and the applicant's nationality. Typically, the Spanish Immigration Office processes standard work permits within a maximum of three months. However, delays can occur if documentation is incomplete or if there is a high volume of applications.

For work visas, the processing time at Spanish consulates usually ranges from one to two months. To avoid delays, it is advisable to submit applications well in advance of the intended employment start date.

Work Permit Renewal Periods in Spain

In Spain, work permits are generally valid for one year and can be renewed for additional one-year periods. Renewals must be initiated at least 60 days before the current permit expires to avoid any lapse in legal status.

Employers should ensure that employees meet the ongoing eligibility requirements for renewal, including continued employment and compliance with salary thresholds. After five years of continuous legal residence, foreign employees may apply for permanent residency.

Visa Requirements for Digital Nomads in Spain

Spain's Digital Nomad Visa, introduced in 2023, allows remote workers to live and work in Spain while employed by a non-Spanish company. This visa aims to attract international talent and boost the local economy.

The key requirements for obtaining a Digital Nomad Visa in Spain include:

• Proof of a minimum monthly income of €2,400 (increases for additional dependents).
• Employment with a foreign company for at least three months.
• Proof that no more than 20% of income comes from Spanish clients.
• Valid health insurance covering the duration of the stay in Spain.

The Digital Nomad Visa is initially valid for one year and can be renewed for up to five years. Employers can benefit from this visa by hiring remote international talent without relocating employees to Spain permanently.

Common Challenges and Tips for Employers Hiring in Spain

Hiring in Spain comes with several challenges due to the country's complex labor laws and administrative processes. Employers should be aware of the following issues:

• Complex Labor Laws: Spain's labor laws and collective bargaining agreements (CBAs) vary by region and sector. Ensure compliance to avoid penalties.
• Administrative Burdens: The hiring process involves significant paperwork, including registering employees with social security and maintaining detailed records.
• Skill Gaps: Despite high unemployment rates, finding skilled professionals for specialized roles can be challenging.
• Cultural and Language Barriers: Differences in language and workplace culture can impact communication and integration.

Employers can mitigate these challenges by working with a trusted Employer of Record (EOR) provider like Playroll, which simplifies compliance and administrative tasks.

Hire Global employees without hassle with an EOR solution

Expanding your workforce across international borders is an exciting step, but it can be a logistical nightmare to hire and pay employees in different countries. That’s the advantage of using a trusted Employer of Record like Playroll. They can:

• Handle your international payroll: An EOR will act as your payroll provider, paying your employees on your behalf in the local currency. The company will also have in-depth knowledge of local tax codes, regulatory practices, and everything else that goes into managing global payroll.
• Alleviate compliance concerns: Different countries each have their own federal and local laws governing employee payments. An EOR helps ensure that you are compliant with the unique set of laws for any country in which your company operates. This is extremely important since a compliance slip-up can result in heavy fines or even a lawsuit.
• Hire and pay international contractors: Sometimes a particular project or role doesn’t require hiring a full-time employee. An EOR gives employers the flexibility to also hire contractors as needed, and avoid the potential for misclassification under local labor law.