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Work Permits in Spain: A Comprehensive Guide

If you’re a non-EU citizen and wish to live and work in Spain, obtaining a work permit is a vital step. Spain offers two main types of work permits:

  1. Work Permit as an Employee ("por cuenta ajena") – for those employed by a Spanish company.

  2. Work Permit as a Self-Employed Individual ("por cuenta propia") – for entrepreneurs, freelancers, or business owners.

This guide will walk you through each type, the requirements, the application process, and key details you need to know.

Why Get a Work Permit in Spain?
  1. Legally Work and Reside in Spain:

    • A work permit allows you to legally live and earn in Spain, opening doors to its thriving job market and dynamic business environment.

  2. Path to Permanent Residency:

    • After five years of continuous residence, you become eligible for permanent residency, which grants more extensive rights and benefits.

  3. Family Reunification:

    • Once you have a work permit, you can apply for family reunification, enabling your spouse/partner and children to join you in Spain.

  4. Integration into a High-Quality Lifestyle:

    • Spain is renowned for its Mediterranean lifestyle, excellent healthcare system, warm climate, and rich cultural heritage.​​

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1. Work Permit as an Employee ("Por Cuenta Ajena")

This work permit is for individuals who have secured a job offer in Spain. It ties your residency status to your employment, meaning you can only work for the employer that sponsors your visa.

 

How It Works: 

  • Employer’s Role: Your employer must initiate the process by applying for your work authorization. You cannot apply independently.

  • National Employment Situation: The position must meet Spain’s labor market needs. If the job is not in a shortage occupation, your employer must prove they couldn’t find an EU citizen to fill the role.

 

Who Is It For?

  • Professionals offered a job in Spain

  • Skilled workers for industries facing labor shortages

  • Individuals transferring within a multinational company to its Spanish branch

 

Requirements

  1. Job Offer: A formal job contract from a Spanish employer.

  2. Qualifications: Proof that you have the necessary qualifications or experience for the position.

  3. Clean Criminal Record: A police clearance certificate showing no criminal history.

  4. Health Certificate: A medical certificate confirming you don’t pose a public health risk.

 

Application Process

  1. Employer Application: The employer submits the application to Spain’s immigration authorities.

  2. Approval: Once approved, you apply for a work visa at the Spanish consulate in your home country.

  3. Entry and Registration: Upon arrival in Spain, you must register with the local authorities and apply for a Foreigner Identity Card (TIE).

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2. Work Permit as a Self-Employed Individual ("Por Cuenta Propia")

This option is ideal for entrepreneurs, freelancers, or investors who want to start a business or work independently in Spain.

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How It Works:

  • Your Responsibility: Unlike the employee work permit, you must handle the application process and demonstrate the viability of your business or freelance activity.

 

Who Is It For?

  • Entrepreneurs establishing a new business in Spain

  • Freelancers offering services to international clients

  • Investors seeking to start a project in Spain

 

Requirements

  1. Business Plan: A comprehensive business plan outlining your venture, including its viability, market analysis, and financial projections.

  2. Financial Proof: Evidence of sufficient funds to invest in the business and sustain yourself.

  3. Qualifications: Proof of relevant qualifications, certifications, or professional experience.

  4. Licenses: Any permits or licenses required for your business sector.

  5. Clean Criminal Record and Medical Certificate: As with the employee permit.

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Application Process

  1. Prepare Documents: Gather all necessary documentation, including your business plan, proof of funds, and relevant licenses.

  2. Submit Application: Apply for the self-employed work permit at the Spanish consulate in your home country or directly in Spain if already residing legally.

  3. Approval: After approval, apply for a residence visa to enter Spain.

  4. Setup in Spain: Register your business, obtain tax identification, and enroll in social security.

 

Required Documents (For Both Permits)

  1. Work Authorization Form:

    • EX-03 (Employee) or EX-07 (Self-Employed).

  2. Valid Passport:

    • Must have at least six months validity and two blank pages.

  3. Passport Photos:

    • Recent and meeting Spanish visa requirements.

  4. Employment/Business Proof:

    • Job offer letter (Employee) or business plan and licenses (Self-Employed).

  5. Financial Means:

    • Bank statements or other evidence of sufficient income.

  6. Health Insurance:

    • Private insurance valid in Spain.

  7. Police Clearance Certificate:

    • Showing no criminal record, legalized or apostilled.

  8. Medical Certificate:

    • Confirming no public health risks.

  9. Proof of Accommodation:

    • Rental agreement or property ownership in Spain.

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Can You Apply from Spain?

Yes, you can apply for either work permit from within Spain if you’re already residing legally (e.g., on a student visa or family reunification visa). However, ensure you submit your application before your current status expires.

 

Renewal and Long-Term Residency

  • Initial Validity: Both permits are usually valid for one year.

  • Renewal: Renewable for two years at a time, provided conditions are met.

  • Permanent Residency: After five years of continuous residence, you can apply for permanent residency, offering more stability and rights.

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Key Considerations

  1. Tax Implications:

    • Residing in Spain for more than 183 days makes you a tax resident. Consult a tax advisor to understand your obligations.

  2. Language Skills:

    • While not mandatory, Spanish proficiency will significantly help with integration and navigating legal processes.

  3. Processing Times:

    • Applications can take several months. Start early to avoid delays.

  4. Legal Advice:

    • Immigration laws can be complex; seeking professional legal help is advisable.

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Obtaining a work permit in Spain may seem daunting at first, but with proper preparation, it’s an achievable and worthwhile step toward building a life in one of Europe’s most vibrant countries. Whether you’re pursuing a job offer or starting your own business, Spain provides an array of opportunities for professional growth and personal fulfillment.

© 2015 by Nexus Europe Consulting Group

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