Employee Visa

Work Permit as an Employee in Spain

If you are not a citizen of the EU or the EEA, you will need to get a residence and work permit in order to be able to live and work in Spain.

There are several sorts of work permits for various occupations and durations of employment. The following are some of the most frequent visas that enable you to live and work in Spain.

• Employee Visa or Work Visa, also known as work permits, are issued to professionals with high levels of education.
• Seasonal Work Visa is for seasonal and limited work with a maximum duration of nine months.
• Self Employed Work Visa will let you reside and work in Spain for a duration of one year by being an entrepreneur.
• European Blue Card – with the exception of  Ireland, Denmark, and the United Kingdom, this work and residence visa enables highly talented non-EU professionals to live and work in any European nation, including Spain.

Spain Employee Visa – “Por Cuenta Ajena”

Employee Visa is intended for those who have already received a favourable job offer in Spain. “Por cuenta ajena” is the name given in Spanish to the work permit required to work as an employee.

Finding a job offer from a Spanish business is the first stage in the process. A business must be eager to recruit you in order to begin the application process. You are unable to submit an application for a Work Visa in Spain without a document from the employer. If the necessary requirements are still satisfied the following year, the residence permit for this Work Visa is valid for an additional year.

If you are a citizen of the EU, EEA, or Switzerland, living and working in Spain is quite simple. You may remain in the nation for a maximum of three months without notifying the authorities or registering. You are just needed to possess a valid national identity card or passport, which you must provide to the authorities upon request. If your nation is not in Europe, a visa is required.

Requirements of The Employee Work Visa

During the start of the application procedure, you are not allowed to be physically present in Spain.

Being in a position that is against the law in Spain will prevent you from passing the application process successfully. This indicates that you should not accept a job offer if you get one while you are in Spain since it would be inappropriate. The foreign worker must be in a legal status in the nation from which he or she originated in order to be eligible for a Work Visa in the country where they will be doing their jobs.

The employment category that has been made available to you is one that is on the list of Shortage Occupations.

INEM (Instituto Nacional de Empleo) or The National Employment Office is the organisation that puts out that list (the Public Service of State Employment). It includes all of the job openings to which you will have unrestricted access after you have identified an appropriate employment opportunity.

What is a Preferential Regime?

There are two requirements for you to fulfil before you can take advantage of what is known as a preferential regime, it indicates that you may bypass the shortage occupation list and begin working in professions that are not on the list.

• When none of the citizens of Spain or other EU countries has accepted an offer of employment for a specific job, it becomes available for non-EU citizens.
• If you are the child or spouse of a person who is legally allowed to live and work in Spain, or if your parent is already a resident of the country, you can work in Spain without applying for an Employee Visa.

Required Documents to Apply for an Employee Visa

The documents needed to apply for an Employee Visa, this visa also covers seasonal work activities:

• The application form for the national visa. A visa application must be filled out in its entirety, including with the applicant’s signature, before it can be submitted.
• Photograph. A recent colour image that is passport-sized and shot against a bright backdrop with the subject looking forward. The subject should not be wearing glasses that are black or reflecting, nor should they be wearing any clothing that covers the oval of their face.
• Valid, current passport. Both the original and a photocopy of the passport page or pages that include the biometric information must be presented. The passport must have a minimum validity length of four months (in the event of a temporary contract, the validity period must meet the duration of the contract) and have two blank pages.
• The Consulate will keep the applicant’s passport throughout the processing of their application; after the procedure is complete, the passport will be sent and returned to the owner. In addition to the required paperwork for applying for a visa, applicants need to give a pre-paid special delivery envelope that includes their complete name and address.
• A copy of the “Autorización de residencia y trabajo por cuenta ajena” document. It is required that the application for the visa be filed no later than one month from the notice of the authorisation issued to the employer.
• Work contract.  A copy of the work contract with the Foreign Nationals’ Office’s stamp.
• Criminal record check document. Applicants who are of legal age are required to present both the original and a copy of any certificates for background checks on criminal records that have been granted by their country or countries of residency over the preceding five years. Legalisation or apostille of foreign papers is required, and when appropriate, they must also be accompanied by an official Spanish translation. This certificate cannot have an expiry date that is more than three months in the past, unless the certificate itself specifies a longer validity period.
• Documents proving residency in the consular district. The applicant must show evidence of legal residency in the consular area. Please check the appropriate online area of this Consulate to confirm your consular district.
• Medical certification. Original and a copy of a medical certificate certifying that the applicant is free of any illness that might have major consequences for public health, as defined by the 2005 International Health Regulations. Foreign papers must be legalised or apostilled and, if required, accompanied by an official translation into Spanish.
• Provide evidence of the representative’s identity and authority. If the applicant is a minor, they will be required to show originals and copies of the identification document or passport of one of their parents, as well as the evidence of the relationship document. Foreign papers must be legalised or apostilled and, if necessary, provided with an authentic Spanish translation.
• Payment of the visa application fee.

Employee Visa Cost

Visa fee payment is required and must be done at the same time as the visa application. The charge must be paid in the local currency, and it fluctuates often owing to currency fluctuations. An Employed Work Visa costs € 60 – € 160.

Employee Visa Application Process

First, your employer submits an application for a work permit to the provincial office of the Ministry of Labor and Immigration (Delegación Provincial del Ministerio del Trabajo e Inmigración) on your behalf.

There, after delivering the original request, they will get a copy of the document bearing the institution’s stamp. The employer must mail you the paperwork, and you must take it to the embassy in your country of origin.

The regional office of the Ministry of Labor is informed that your application has been received by the local embassy in your area. The consulate will have three months to provide a legitimate answer to your application after receiving the original application paper (sealed), and the other needed documents.

Your Employee Visa may be obtained via the Spanish Embassy in your country of residence.

Employee Visa Renewal

The Employee Visa allows you to work and live in the nation for one year, with the possibility to renew and extend your stay. Contributions to social security for a minimum of six months are required for renewal. This period need not be documented consecutively, but it must total six months. You must verify that the contractual arrangement that allowed you to get the work permit is still in place. You must bring the work contract and your TIE (Tarjeta de Identidad) or a foreigner ID card.

Spain Work Visa for Seasonal Workers

The Seasonal Work Visa permits you to work in Spain for a certain amount of time, usually a couple of months. Type A work permits are valid for seasonal and restricted labour for a maximum of nine months, including renewals.

It’s expected that seasonal worker recruitment will be subject to quotas. Individuals from countries outside the EU with which Spain has signed bilateral agreements will be given priority.

A Seasonal Work Visa costs € 73- € 550

Requirements for a Seasonal Worker Visa

Criteria needed to qualify for a seasonal Work Visa:

• You have agreed to terms with a Spanish corporation and signed a contract with them.
• You are provided with suitable residential.
• Your travel costs are reimbursed. After the conclusion of the seasonal contract, you will be required to go back to your own country.

Application Procedure to Obtain Seasonal Work Visa

Here’s the application procedure to apply for the Seasonal Work Visa:

• You are successful in securing a contract with an employer in Spain.
• Your employer submits an application for a work permit to the provincial office of the Ministry of Labor and Immigration (Delegación Provincial del Ministerio del Trabajo e Inmigración) on your behalf.
• The Provincial Aliens Affairs Office will issue the residence permit in combination with the work permit after the work permit has been approved. This happens once the work permit has been authorised.
• You will be given a copy of the application for the visa.
• You provide a copy of the visa application to the Spanish embassy in your area so that they may process your visa request.
• The regional office of the Ministry of Labor is informed that your application has been received by the local embassy in your area.
• Your application will be processed by the regional office of the Ministry of Labor and Industries.
• Your Work Visa may be obtained via the Spanish Embassy in your country of residence.

Visa Refusal

Visa refusals shall always be communicated in writing, including the reasons behind the decision. When a visa application is denied, the applicant will always get written notification of the decision, which will include an explanation of the rationale behind the decision.

If a visa is rejected, the applicant may file an appeal for reconsideration with this Consular Office within one month of receiving notification of the rejection. A judicial review application may also be submitted with the High Court Justice of Madrid during the 2-month period commencing the day after the applicant receives information of the visa rejection.

Validity Period of The Visa

The length of time that the visa is valid depends on the length of the contract; if the contract is a year, the Work Visa will be valid for three months. After arriving in Spain, the worker is required to first register with the Social Security system before starting their work activity. Within one month of registering with the Social Security system, the worker is also required to apply for a Foreigner Identity Card at either the Foreign Nationals’ Office or the corresponding police station.

If the work contract is for seasonal work, then the visa is valid for the entire period in which the candidate is authorised to reside and work in Spain, and it won’t be required to apply for a Foreigner Identity Card upon arriving in Spain. If the work contract is for permanent work, then the visa is valid for the entire period in which the applicant is authorised to reside and work in Spain

Bring Family Members Using a Work Visa

Employees who have lived and worked in the nation for a year and have had a residence permit for another year are eligible to apply for a family reunification permit. Then, family members may work without a work permit.

If you have been living lawfully in Spain for less than a year, you are not permitted to reunite with members of your family. You need to get your residency permit renewed. In addition to this, and as a general rule, you will be required to provide evidence that the family member you want to bring to Spain is financially dependent on you.

How can IAS Help?

Non-EU nationals who have a job offer from a company headquartered in Spain and satisfy the visa criteria are eligible for the Employee Visa. There are many opportunities available for people who get jobs in Spain. The country ranks well among OECD nations for work-life balance.

You will get a temporary residence permit using this visa for as long as you want to reside and work in Spain. Regulations pertaining to Work Visas, residence, and permits in Spain require professional guidance since they differ depending on the country in which a foreign citizen resides.

Our team members have been trained to do research on the most up-to-date information on Spanish Visas and work permits.

For more information about the services we offer and how we can help you with your work contract, required documents, or the Spain Employee Visa application process, reach out to us on (+44) 333 4149244, or contact us online today