To work in Spain, a non-EU national who does not live here needs an initial residence and work authorisation. There are two: as an employee, if you will work under contract for a company or an employer, and self-employed, if you will work as a freelancer or run your own business. They are governed by Articles 72 to 87 of the Immigration Regulations (Royal Decree 1155/2024).
In brief
- As an employee: the employer applies, with a signed contract, if the national employment situation allows it.
- Self-employed: you apply at the consulate, with a viable project and the permits for the activity.
- The initial authorisation lasts one year and is limited to one autonomous community and one occupation or sector.
- Renewals last four years and allow you to work in any activity anywhere in Spain.
- The Immigration Office decides within three months; if it does not reply, the initial application is deemed refused.
As an employee: with a contract
Under Article 74, the requirements include:
- That the national employment situation allows the hiring (see below).
- An employment contract signed by both parties, with continuous work during the authorisation. If it is part-time, the annual pay must be at least the full-time national minimum wage.
- Conditions in line with the law and the applicable collective agreement.
- That the employer is up to date with the Tax Agency and Social Security and has sufficient means.
- That the worker has the training and, where applicable, the qualification required for the profession.
- Having no criminal record in Spain, not being within a no-return commitment, and paying the fee.
The national employment situation is met if the occupation is on the list of hard-to-fill occupations that the State Public Employment Service publishes every quarter for each autonomous community, or if the employer proves that it has not found candidates: it files a job offer with the public employment service, which manages it for eight days, and obtains a certificate that there are not enough job seekers (Article 75). It does not apply in the cases of Article 40 of Organic Law 4/2000 or to nationals of countries with an agreement.
The process: the employer files the application at the Immigration Office of the province where the workplace is. The Office decides within three months; without a reply, it is deemed refused. If granted, the worker applies for the visa at the consulate, must register with Social Security within three months of arriving and, within a month of registering, apply for the foreigner’s identity card (Article 77).
The initial authorisation lasts as long as the job, up to a maximum of one year, and is limited to one autonomous community and one occupation unless the national employment situation does not apply (Article 73).
Self-employed: working for yourself
Under Article 84, you must prove:
- The requirements the law sets for Spanish nationals to open and run the activity (licences, permits).
- The professional qualification or experience required and, where applicable, membership of a professional association.
- That the planned investment is sufficient and, where applicable, its effect on job creation, including self-employment.
- Having no criminal record in Spain, not being within a no-return commitment, and paying the fee.
The process: you apply for the residence visa at the Spanish consulate, which includes the application for the authorisation. The competent authority decides within three months of receiving the consulate’s notice; without a reply, it is deemed refused. The authorisation takes effect with the visa and registration with Social Security within three months of arrival (Article 85). It lasts one year and is limited to one autonomous community and one sector of activity (Article 83).
Renewal: four years and no limits
- You apply in the two months before it expires; also in the three months afterwards, although a penalty may then apply (Article 80).
- As an employee, it is renewed if the employment continues or in other cases, such as a new contract after at least three months of work a year.
- The renewal lasts four years, unless you already qualify for long-term residence, and allows you to work as an employee and self-employed in any activity anywhere in Spain (Article 81 and Article 87).
- For self-employed renewals, if the authorities do not decide within three months, it is deemed granted (Article 87.2).
How we help you
We check whether your occupation is on the list, prepare the job offer and the company’s file, or the business plan if you will work for yourself, and support you until you get your card and at every renewal. We meet in Barcelona or by video call. You can book your first consultation or see our services for residence and work as an employee and self-employed.
Legislation
This article is for information only and is not a substitute for advice on your specific case.