Work Visas in Spain

Spain Work Visas Overview

A Spain work visa or permit (autorizacion de trabajo y residencia) is an authorisation to enter the country for a specific period to take up employment or start a new business venture.

Spain work permits are issued to non-EEA citizens, also called third-country nationals. As a result of Brexit, this also applies to UK citizens migrating to Spain.

If you are a Spanish business or organisation looking to hire non-EEA employees, they will need to apply for a work permit before they can work legally in the country. However, citizens from EEA countries and Swiss nationals can live and work in Spain without a permit or visa.

Prospective non-EEA employees must meet certain eligibility requirements before applying for a Spain work visa. For instance, some permits will require candidates to already have a job offer from an organisation in Spain.

If you are not certain whether your existing and prospective employees can qualify Spain work visa, talk to our immigration lawyers. They will assess your eligibility and will help you with the process.

Work Permit Exemptions

Some exemptions exist where foreign nationals are not required to hold a work permit to work in Spain. However, they may need to get a Schengen or Long Term National (D) visa to enter the country.

Some of those exempt from Spain work permits include:

• University professors
• Technicians
• Scientists
• Foreign journalists
• Clergy
• Artists coming for specific performances

Audiovisual visas are no longer needed to work in Spain if certain requirements are met.

How To Apply For Authorisation to Work in Spain

There is a three step immigration process to obtain residence for work purposes in Spain. These steps are as follows:

1. Work and Residence Authorisation Application (applied for in Spain by the Spanish host entity in case of intra company transfers or by the Spanish employer in case of locally hired employees). This first step can only be waived in very limited circumstances when there is a work permit exemption applicable.
2. D Visa Application (takes place at the consulate corresponding to place of residence or nationality).
3. Residence Card (TIE) collection (final residence card with validity).

The Foreign National Identity Card (TIE) is a document that identifies foreign nationals residing in Spain.

If foreign nationals have obtained a residence permit with a duration of stay of more than six months, they must get this card. It is a personal document that cannot be transferred and has the same validity as their residence permit.

Foreign nationals will be required to apply for it at the corresponding Foreigner Nationals office or police station within a month of arriving in Spain.

Once foreign nationals have obtained their Foreign National identity card, they must carry it at all times and present it when required by the authorities.

Corporate-Based Work Permits

Highly Qualified Residence Permit

The Highly Qualified Professionals work permit is designed for applicants with degrees or postgraduate degrees from universities or educational establishments, vocational training or business schools qualification or three years of experience.

The permit is valid for three years and is renewable as long as the employee continues to meet the requirements of the initial approval. Accompanying spouses and children can also obtain dependent visas, with spouses having the ability to work.

EU Blue Card (Tarjeta Azul UE)

The EU Blue Card is similar to the Highly Qualified Residence permit as it is also aimed at highly qualified professionals. However, there are a few differences between both.

This option for highly qualified employees has also been implemented in other EU countries and includes certain advantages in terms of short and long term mobility within the EU.

To qualify for this work and residence authorisation, applicants must have spent at least three years completing a higher education qualification or have a minimum of 5 years of professional experience in a field related to the job.

Applicants should also have a valid work contract or employment offer of at least 6 months.

The EU Blue Card is valid for three years and can be renewed as long as holders meet the conditions for renewal. Accompanying spouses and children can also obtain dependent visas, with spouses having the ability to work.

Intra-corporate Transfer Visa (autorizacion de residencia por translado intra empresarial)

The Intra-corporate Transfer or Intra-company Transfer work and residence authorisation allows employees of multinational organisations to be able to be posted to Spain.

There are two subcategories of this visa: the EU ICT and the National ICT.

1. The EU ICT residence authorisation authorises the transfer of managers, specialists or trainees to companies of the same group in Spain.
2. The National ICT Residence authorisation applies where requirements for the EU ICT Residence Authorisation (subcategory 1) are not met (e.g. sending entity has no presence in Spain or work at a client site).

To qualify for this visa, applicants must have been employed by the company for at least three months.

The Intra-corporate Transfer visa allows applicants to live and work in Spain for three years if you are a manager or specialist. Their dependents can also obtain dependent visas that allow them to work.

Seasonal Worker Visa

The Seasonal Worker visa allows individuals to work in Spain on a seasonal basis, such as during the peak holiday season. This visa has to be applied for by the employer in Spain.

The process of applying for the Seasonal Worker visa is similar to that of the long-term work visas. However, there are some differences, such as:

• Employers must provide applicants with suitable accommodation
• Applicants must show proof that your travel costs to and from Spain has been covered, either by them or from their employer
• Applicants should return to their home country when the contract is finished.

The duration of Seasonal Worker visas is the same as the duration of the work contract and is valid for a maximum period of nine months per calendar year. If the contract is shorter, applicants can extend their visa duration, but only up to nine months.

Individual-Based Work Permits

Entrepreneur Visa (Autorizacion de Trabajo y Residencia Para Emprendedores)

The Entrepreneur residence authorisation allows foreign nationals to live in Spain for three years to carry out an innovative business venture. The entrepreneurial activity must be in line with the general interest of the Spanish economy.

To successfully obtain an Entrepreneur residence authorisation and visa, applicants must demonstrate that the intended business is viable and will enrich the country’s economy. As such, they will be required to submit a ‘favourable report’ as part of their application process.

This report is typically issued by the Economic and Commercial Office or the Directorate-General for International Trade and Investments (ENISA) after going through and accepting the applicant’s business plan.

The favourable report indicates that:

• The business can create new jobs and has a positive effect on the country’s socio-economic development
• The business can create good investment opportunities
• The business’ operating process involves a high level of technology (for example, the use of algorithms or machine learning)

The Entrepreneur visa is valid for three years when issued. However, applicants can renew it after the initial validity period for an additional two years.

Digital Nomad Visa

The Digital Nomad visa is a residence permit that allows foreign nationals to live in Spain and work remotely for an employer outside the country. To apply for this residence authorisation, applicants must fulfil the following requirements:

• Show proof that they are working for a company operating outside of Spain
• Meet the government’s minimum income requirement for digital nomads
• Show proof of accommodation in Spain, such as a residence contract
• If the applicant has a full-time contract with their employer abroad, they must show proof that they have been working with them for at least three months before their application date.
• Applicants must hold a clean criminal record
• Applicants must have private insurance coverage throughout the duration of stay.

The application can be submitted:

1. Within Spain and it will be granted for up to three years or in accordance to the validity of the social security certificate of coverage between Spain and home country.
2. At the corresponding Spanish consulate corresponding to their place of residence abroad: In this case, a consular visa is issued for a maximum of 1 year and must be renewed once in Spain.

Internship Residence Authorisation

The internship residence authorisation allows students to work legally in Spain with an internship agreement or contract.

This is ideal for students studying in Spain who intend to extend their legal stay in the country, as it allows them to quickly switch from a student visa to a residence permit without the complex procedures involved in obtaining a regular work permit.

Some of the requirements to obtain residence authorisation to internship include the following:

• Applicants must be non-EEA nationals studying in Spain or outside the country.
• Applicants must have obtained or are in the process of obtaining a higher degree in the last two years before the date of application.
• The internship must be in the same academic field and at the same level of qualification as the higher education degree.

The duration of stay for this visa depends on the kind of document the applicant gets from the company.

If the applicant is granted an internship agreement, the visa will be valid for a maximum of 6 months or the duration of the agreement, if shorter. The authorisation can only be renewed for another six months.

Under a trainee contract, the duration of stay is the same as the expiration of the contract, and the maximum period is two years.

Au Pair Visa

The Spain Au Pair visa allows individuals from foreign countries to live with a local family in Spain to perform household activities like chores and babysitting. To successfully apply for this visa, applicants must meet the following conditions:

• Be between 18 and 30 years old
• Have an au pair agreement with a host family which states the details of the work to be done and allowance to be received
• Provide proof that they can support themselves financially throughout their duration of stay.
• Possess private medical insurance coverage
• Speak Spanish, English, French, or German
• Be living at the same address as the host family.

Au pairs whose stay in Spain is less than 90 days will not need a visa to enter the country if they are from one of the countries or territories that have visa-free access to the Schengen area. Some of these countries include the U.S., Australia, and the UK.

All non-EEA nationals staying as au pairs for longer than 90 days might be required to obtain an Au Pair visa or a student visa, depending on the country or territory they are coming from. This might require visa holders to enrol for Spanish lessons for at least 20 hours a week during their stay.

Working Holiday Visa

The Spain working Holiday visa allows holders to take up casual employment while on holiday in the country.

It is only available to citizens from nationals that have an agreement with Spain under its youth mobility program. They include Australia, New Zealand, Canada, Japan, and South Korea.

To successfully qualify for the Working Holiday visa, applicants must meet the following criteria. They must:

• Not have participated in the program before.
• Be aged 18 to 30 (not more than 35 if they are Canadian).
• Have obtained the necessary work permit (NIE).
• Not be working for more than six months.
• Not work for the same employer for more than three months.
• Have suitable accommodation in Spain.
• Have no dependents accompanying you.
• Hold a return ticket or have sufficient funds to purchase it to return to your home country when your visa expires.

In addition, the main purpose of the trip should be vacationing, and working should be a secondary reason.

The Working Holiday visa is valid for one year and cannot be renewed or extended.

Self-Employment Residence Permit

The Self-employment permit allows freelancers to reside and set up a business activity in Spain. This visa is valid for one year and can be renewed if the conditions are met.

To apply for the self-employment residence permit, applicants must meet the following conditions:

• Be older than 18 years of age
• Provide a business plan to support the application (if applicable)
• Provide proof that the applicant has sufficient funds to cover personal expenses and provide for the business
• Provide proof of relevant skills and experience
• Provide any contracts or commissions from client companies
• Have no criminal record
• Provide any required licences, permits, or registrations required to conduct your business

Difference Between the Self-employment Visa and the Entrepreneur Visa

The Self-employment and Entrepreneur visas are appropriate for foreigners who want to set up a business activity in Spain to enter the country. However, they both have key differences.

The Entrepreneur visa applies to individuals who intend to set up an innovative company that does not yet exist in the market. These businesses are often characterised by advanced technological solutions.

With the Self-employment visa, foreigners can set up any business that already exists or has already been in the market for several years.

Research Residence Permit

The researcher residence permit allows foreign researchers to carry out training, research, development, and innovative projects in Spain. The research program can be with a private or public entity and applies to the following individuals:

• Research personnel in Science, Technology and Innovation as referred to in Article 13 of Law 14/2011 of June 1.
• Teaching staff hired by a university, business school, research body, or higher education centre in Spain.
• A researcher in a hosting agreement with a research organisation, whether public or private.
• A technical staff carrying out scientific research and technological development or innovations at an R&D&I establishment in Spain

Foreign researchers, for instance, PhD students, carrying out unremunerated research work do not need to apply for the Research visa. Instead, they can apply for a student visa.

The Research permit is valid for one year or the same period as the validity of the employment contract, if shorter. It can be renewed if the visa holder continues to meet the conditions of the visa.

How Can IAS Help?

At IAS, we have a team of immigration lawyers, both in the UK and Spain, who can help businesses and organisations with all necessary work permit and visa applications. We can help assess qualifications and skills and help you determine which work visas are appropriate for your business, ensuring you can get the right foreign employees for the job.

Contact us now at (+44) 333 4149244 or use our online contact form to speak with an immigration lawyer.