Work and residence permit in Spain: what the employer does

What the ground is called and who files what

The usual route into employment for a non-EU national is the autorización inicial de residencia temporal y trabajo por cuenta ajena. The application is filed by the employer or an authorised representative, not by you [1][3]. Your part starts after the decision: visa, entry, alta, TIE. In Catalonia, initial work permits in Barcelona are handled by the Generalitat under devolved powers, and it is the employer who fills in and files the form under procedure AUT01a, if needed through a representative holding a power of representation [4][6].

So the first question to the employer is not “will you give me a contract?” but “which procedure are you starting, who files it and who pays the fees”. The fees differ: the employee pays for the residence permit with modelo 790 código 052, the employer pays for the work permit with modelo 790 código 062 [3]. The employer’s own steps are covered in detail in the article how to hire a foreign national in Spain.

What is checked: labour market, employer and contract

If the employer is an individual (for example, a family hiring a worker), they must also show funds for themselves and their family: 50% of the SMI with no dependants, 100% of the SMI for a family of two and 25% of the SMI for each additional person, after deducting the worker’s salary [1]. What to look for in the contract itself is covered in the article employment contract in Spain. For occupations not on the catalogue, the employer posts the vacancy with the employment service, which keeps it open for eight days and issues a certificate on the shortage of candidates within three days of the employer’s report [1].

Stage by stage: who does what and how long to wait

1. The employer files the application. If documents are missing, they are given ten days to correct this, otherwise the application is archived [1].
2. Decision. The period is three months. If there is no reply, the application is deemed refused [1][3].
3. Visa. After a positive decision, you apply for the visa within one month of the employer being notified, and the consulate decides within one month. You need a valid passport (at least one year), a criminal record certificate covering the last five years and a medical certificate [1][3].
4. Entry. The visa is collected within one month, and you enter within the three months of its validity [3].
5. Alta. The permit takes effect after alta with the Seguridad Social, which must be completed within three months of entry [1].
6. TIE. The card is requested in person within one month of alta [1].

These are maximum periods set by the rules, not a forecast. Do not give a start date for work until the alta stage is done. More on the chain of permits: residence permit in Barcelona.

What you can and cannot do in the first year

The initial permit is limited to one autonomous community and one occupation. It allows self-employment while it is valid, as long as employment remains the main activity; if your employment ends through no fault of your own, you notify the oficina de extranjería within three days [1]. You can change employer within the same occupation once the permit has been valid for three months and within the first year. In two cases you can change at any time: when the employer seriously breaches the contract, and when circumstances beyond the employer’s control prevent you from starting work [1].

The permit is renewed by applying within the two months before it expires. Grounds: the employment relationship continues, or one of several other situations (at least three months of work per year and a new contract, registration as a jobseeker after involuntary dismissal, and others). The renewal is issued for four years and is valid throughout the country for any activity [1]. Finding work that leads to a permit is covered in the article job hunting in Barcelona as a foreigner.

When you do not need a contract or there is another route

An employment contract is not the only way into the labour market. The law waives the labour market test in certain cases: for example, the spouse and child of a foreign national with a renewed permit, someone renewing a previous work permit, and the hiring of managers and highly qualified professionals [2]. For qualified specialists there are special permits under Ley 14/2013: highly qualified professional residence permit. Graduates of Spanish universities and colleges can change status without a visa under article 190: what to do after studying in Spain. If you are already in Spain with a permit, you can change grounds under articles 190-192: changing the grounds of your residence permit.

Common mistakes

• Assuming a signed contract is enough. The application will be refused if the labour market, the employer’s solvency or your qualifications are not proven [1].
• Choosing an occupation outside the catalogue without a certificate. The employer will have to go through the employment service procedure, which takes weeks [1].
• Setting a start date based on processing times. The permit takes effect only after alta, and before that there is the visa stage [1].
• Not checking the employer. Grounds for refusal include: cutting the same positions in the last twelve months, recent serious sanctions, an ongoing suspension of contracts under articles 47 and 47 bis of the Estatuto de los Trabajadores, false documents [1].
• Agreeing to a sham contract or paying “for the job”. This is grounds for refusal for false information and does not create stable employment for renewal [1].
• Not preparing your qualifications. Regulated professions require a licence or homologation, otherwise point 74.1 f) is not met [1].

Tribunal Supremo rulings of 2026 and articles on employment

In its ruling of 8 July 2026 (sentencia 868/2026), the Tribunal Supremo annulled a number of provisions of Real Decreto 1155/2024: article 197.2 on mandatory electronic filing (repeated in the ruling of 29 July) and certain phrases of articles 94, 97, 98, 159, 160, 166, 196 and the third paragraph of article 101.1 on temporary employment agencies in seasonal work [5][7]. Articles 73-81 on the residence and employment permit are not named in the operative part, but check the wording in force on the day you apply. Since paragraph 2 of article 197 has been annulled, the Reglamento no longer requires these applications to be filed electronically: check with the oficina how applications are accepted now.

When you need an individual review

A review is needed if your occupation is not on the catalogue, if the employer is an individual or a micro-company, if you are already in Spain on other grounds, if a family application is running in parallel, or if you face a risk of refusal because of the employer.

How we can help

The ReloVictory team in Barcelona explains to you and your employer which procedure fits, checks the contract and the document set, prepares your personal documents with apostille and translations, and supports you through the stages after the decision: visa, alta, TIE. Consultation: the first 15 minutes are free. How we work: residence permit with work. Route card: residence permit through work.

Frequently asked questions

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