How to hire a foreign worker in Spain: steps for employers

How to hire a foreign national in Spain: the general process

If the candidate lives abroad and has no right to work in Spain, the employer applies on their behalf for an autorización inicial de residencia temporal y trabajo por cuenta ajena. The Immigration Act requires prior authorisation to hire a foreign national; the employer requests it and attaches to the application a contract for continuous work for the period the authorisation is valid [2]. The process then runs as follows:

This process applies to hiring “from scratch”. If the candidate already holds a permit that allows work, an employment contract and alta in the Seguridad Social are enough. If they live in Spain without the right to work, for example on a no lucrativa permit or a study estancia, separate transition rules apply: Articles 190 and 191 of the Reglamento [1]. These routes are covered in can you change the basis of your residence permit.

What is the national employment situation and how do you get past it?

The situación nacional de empleo (SNE) test checks whether the vacancy can be filled within the country. The Reglamento provides two routes [1].

First: the occupation is on the Catálogo de Ocupaciones de Difícil Cobertura. SEPE compiles it every quarter from data provided by the regional employment services, and having the occupation listed entitles the employer to request authorisation for a foreign national [1]. The catalogue for the third quarter of 2026 was published in the BOE on 2 September 2026; it includes professional athletes and coaches, a number of merchant navy occupations and occupations for all provinces: installers of metal and aluminium structures, building electricians, crane operators [5]. The catalogue is updated every quarter, so check the current one before applying.

Second: the occupation is not on the catalogue. In that case the employer submits the job offer to the employment service where the job is located; the service handles it for eight days, after which the employer reports the outcome of the selection: who was hired, who was rejected and why. The service issues a certificate of insufficient candidates within three days after that [1]. The offer must be precise and must not contain requirements unrelated to the job [1].

The labour market situation is not taken into account in a number of cases listed in Article 40 of the Immigration Act: for example, for reunified family members of working age, children and grandchildren of a Spanish national by origin, foreign nationals born and living in Spain, and for management and “trust” positions, highly qualified professionals and intra-company transfers [2]. Professionals with a Tarjeta azul-UE follow a separate procedure, see EU Blue Card in Spain.

What are the requirements for the employer and the contract?

Article 74 of the Reglamento lists what has to be shown [1]:

• a contract signed by the worker and the employer for continuous work during the period the authorisation is valid; the start date is tied to the authorisation taking effect;
• the contract terms comply with the law and with the collective agreement for the same activity, category and location; for part-time work, the total annual pay is not below the annual full-time SMI, currently €17,094 [6];
• the employer is up to date with taxes and the Seguridad Social;
• the employer has sufficient means for the project and for the obligations under the contract, including paying the stated salary;
• the worker has the qualifications the occupation requires and, for regulated professions, the licence to practise;
• the worker is not a threat to public order, is not under an entry ban, and the fee has been paid.

If the employer is a private individual, they must also prove means for themselves and their family: under Article 76 this is 50% of the SMI per month with no dependants, 100% for a family of two and another 25% for each additional member, after deducting the worker’s salary. Subsidies, benefits and social payments are not accepted as proof of means [1]. A company proves its means, among other things, through its registrations and status in the mandatory registers [1]. Working conditions are set out in the Estatuto de los Trabajadores: probation period, fixed-term and permanent contracts, holidays and working hours; more in the article employment contract in Spain: what to look for [7].

Where and how do you apply in Barcelona?

The application is filed by the employer or its representative. Under Article 77 of the Reglamento it is filed with the oficina de extranjería of the province where the job is located, but Catalonia has been granted powers over initial work permits for employees and the self-employed (Real Decreto 1463/2009), and in such regions the procedure is governed by Article 194: the application is received by the regional authority [1][4].

On the Generalitat’s website the procedure is called AUT01a: only an employer who wants to hire a foreign worker not resident in Spain can start it; a representative is allowed with a notarised power of representation or a poder apud acta in the Representa register; the application is completed and filed on a dedicated form on the website, and the work permit fee can be paid there or at a bank [3].

Legal entities are required to deal with the administration electronically only (Art. 14.2 Ley 39/2015), and the Generalitat publishes online filing [3][8]. Tribunal Supremo rulings in 2026 annulled Article 197.2 of the Reglamento on mandatory electronic filing for a number of procedures [9], but this concerns individuals, and for companies the general rule of Ley 39/2015 still applies. The residence permit fee (modelo 052) is paid after the candidate has been assigned an NIE, usually at the authority’s request [3].

The application must include [1]: the employer’s NIF and, for a legal entity, the document proving representation, the contract on the official form, documents on means, a full copy of the worker’s passport, documents on qualifications and, where needed, the employment service certificate or a document showing exemption from the SNE. More on organising the preparation: residence permit through an employment contract.

How long is the wait and what can get in the way?

The authority decides and notifies within three months. If there is no answer when the deadline expires, the application is deemed refused [1]. Before deciding, the authority checks the employer’s taxes and Seguridad Social, the Spanish criminal record certificate and a police report, which are requested and received within seven days. Incomplete documents lead to a requerimiento: 10 days to correct them, otherwise the application is deemed withdrawn [1].

Under Article 78, refusal follows in particular if the requirements of Article 74 are not met, and also if in the last 12 months the employer has eliminated the same positions through unlawful dismissals or on the grounds of Articles 50, 51 and 52.c of the Estatuto de los Trabajadores, has received final penalties for serious or very serious immigration or labour infringements, has submitted false documents, has been convicted of certain offences, or is applying contract suspensions (ERTE) to these positions [1]. If the refusal is reasoned, it states how to appeal [1]. What to do if you are refused: appealing a residence permit decision.

What is the candidate's role?

The candidate gathers their personal documents and handles the visa stage themselves. After a favourable decision on the employer’s application, the candidate applies for a visa no later than a month from notification, and the consulate decides within a month at most [1]. For a visa under Article 38 you need: the form, a passport valid for at least a year, criminal record certificates from the countries of residence for the last 5 years, a medical certificate and the paid fee [1]. Documents are submitted with an apostille and a translation, more in apostille and legalisation of documents.

After entry, the alta in the Seguridad Social must be completed within three months, otherwise the authorisation does not take effect, and after the alta the candidate has one month to apply in person for the TIE [1]. The first authorisation is limited to one autonomous community and one occupation, for no more than a year. Moving to another employer in the same occupation is possible after three months within the first year, or earlier if the employer commits serious breaches. The renewal is for four years [1]. The start date in the contract is tied to the moment the authorisation takes effect, so work cannot start earlier [1].

Common employer mistakes

• They start work before the authorisation has taken effect. Hiring without authorisation carries a fine of €10,001 to 100,000 per worker [2].
• They write a vacancy “tailored to one person” at the employment service: the offer must be precise and free of unnecessary requirements [1].
• They do not check debts to the tax authority and the Seguridad Social: this is a condition of the authorisation [1].
• They submit a contract with terms below the collective agreement for the occupation and location [1].
• They apply for a position eliminated through a dismissal in the last 12 months [1].
• They forget that silence means a negative decision and do not keep track of the deadline.
• They do not notify the employment service of the contract: the employer must report contracts concluded within ten days [7].

How we can help

The ReloVictory team in Barcelona prepares the document package for the company and the candidate and helps choose the procedure: the general employee authorisation, the special permit for highly qualified professionals or another route. First consultation: 15 minutes free; full consultation: €121 for 45 minutes. Book a consultation. Service: work permit; steps and deadlines are collected in the work route card, and an overview of residence grounds is on the residence permit in Barcelona page. For candidates: finding a job in Barcelona.

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ReloVictory · Sources reviewed 02.10.2026 · Not a substitute for individual legal advice.