Employee residence and work permit: contract, requirements and application

The employee residence and work authorisation allows work for an employer. The ordinary initial authorisation has its own procedure, usually for a person outside Spain. If you already live here, study or have irregular status, a modification, renewal or employment arraigo may be appropriate.

What the company must check

The employer must be registered with Social Security, comply with obligations and have financial capacity to fulfil the contract. The activity and job must be genuine. Pay, hours, collective agreement, continuity of activity and any required worker qualifications are checked.

For this initial authorisation, the rule on pay for part-time contracts differs from employment arraigo: check the minimum pay required for full-time work on an annual basis. Do not reuse another category’s contract without checking its conditions.

National employment situation and shortage occupations list

Hiring must be permitted by the national employment situation or an accepted exception. SEPE publishes its list by quarter and province. An occupation’s inclusion in another period or area is not enough for the current application.

If the job is not listed, evidence of difficulty filling the vacancy may be assessed under the prescribed procedure. Article 40 of the Immigration Act and agreements for certain nationalities provide exceptions. These require documentation and are not a general exemption for any offer.

Application documents

• Initial authorisation form, worker’s complete passport and employer documents.
• Signed contract with commencement conditional on the authorisation taking effect.
• Company representation, tax identification and proof of financial capacity.
• Job description and proof of qualifications or recognition where required.
• Evidence concerning the national employment situation or applicable exception.
• Receipts for the relevant residence and work fees.

For domestic work, the hiring person’s and household’s resources are assessed. A commercial company’s documentation cannot be transferred unchanged to an individual employer.

Who applies and what are the stages?

The employer or authorised representative submits the initial application to the competent authority. After approval, the worker completes the visa, entry and Social Security registration stages within the prescribed deadlines. The foreigner identity card is then requested.

A signed contract does not automatically allow work to begin. Check when the authorisation takes effect and the decision’s conditions. Keeping every notification helps employer and worker coordinate.

Renewal and other work routes

Before expiry, check work activity, contributions and renewal grounds. A highly qualified job may qualify for a specific authorisation with its own requirements. Choose the route before applying, based on more than the profession’s name.