Hiring a foreign national in Spain means navigating a layered authorisation process before your new employee can legally start work. The rules differ significantly depending on whether the person holds EU/EEA citizenship or comes from outside the bloc. Getting the sequence right from the start saves time, avoids fines, and protects both you and your employee.
EU/eea nationals: no permit required
Citizens of EU and EEA member states have free movement rights and can work in Spain without a work permit. As their employer, you don’t need to file any prior authorisation. However, EU/EEA employees who plan to stay in Spain for more than three months must register with the Central Register of Foreigners (Registro Central de Extranjeros). This is the employee’s responsibility, but it’s worth flagging to new hires so they don’t overlook it.
Non-EU/eea nationals: the authorisation process
Non-EU/EEA nationals can’t start work in Spain until they hold a valid work authorisation. The process involves several steps, and the employer carries most of the administrative burden in the early stages.
Step 1: labour market test
Before filing for authorisation, you’ll typically need to pass a labour market test known as the situación nacional de empleo. This requires listing the vacancy with SEPE (Spain’s public employment service) for 15 days to demonstrate that no suitable Spanish or EU candidate is available. Roles on the shortage occupations list and highly skilled positions are exempt from this test, which can meaningfully shorten the timeline for tech, engineering, and specialist roles.
Step 2: file for authorisation
Once the labour market test is cleared (or waived), you file the Autorización de Residencia y Trabajo por Cuenta Ajena with the relevant provincial Immigration Bureau. This is the core employer-sponsored work permit for standard employment. Processing times vary by province and typically run between one and three months, though Spain’s UGE-CE (Unidad de Grandes Empresas) fast-track unit can process highly skilled authorisations in as few as 20 working days.
Step 3: employee applies for the visa
Once the authorisation is approved, your employee has one month to apply for the entry visa at their local Spanish consulate in their home country. They can only travel to Spain and begin work after the visa is issued.
Work permit types
Spain offers several routes depending on the profile of your hire. Each route has different eligibility criteria, contract requirements, and salary thresholds.
Standard work permit (cuenta ajena)
This is the general-employment permit for non-EU/EEA nationals taking up standard employment in Spain. It requires a minimum one-year renewable contract. You must pay the employee at least the Salario Mínimo Interprofesional (SMI), which is €1,221 per month across 14 payments in 2026. The permit is renewable annually, and the renewal process follows a similar authorisation procedure.
EU blue card (tarjeta azul ue)
The EU Blue Card is designed for highly qualified professionals. Eligibility requires a university degree or at least five years of equivalent professional experience. The minimum annual salary threshold sits at approximately €40,000–€43,000 or above in 2026. Contracts must run for a minimum of six months. The Blue Card also comes with enhanced EU mobility rights, which can be an advantage if the employee works across multiple European locations.
Intra-company transfer (ict)
The Intra-Company Transfer route, governed by Ley 14/2013, covers employees transferring from a foreign entity to a Spanish subsidiary or branch. It’s available for managers, specialists, and trainee employees. ICT applications benefit from faster processing than the standard route and also carry EU mobility rights, allowing the employee to move between EU member states as part of the same transfer. This is often the most efficient path for multinationals bringing existing staff into Spain.
Digital nomad visa (dnv)
Introduced under Spain’s Ley de Startups in 2023, the Digital Nomad Visa is for remote workers employed by non-Spanish companies. To qualify, the employer must have been operating for at least 12 months, and the employee must earn at least 200% of the SMI, approximately €2,442 per month in 2026. This route doesn’t require the standard labour market test, which makes it quicker to process for eligible candidates.
Employer obligations after hiring
Getting the authorisation is only part of the job. Once your employee starts, two registrations are mandatory within 10 days of the start date.
First, you must register the employee with the Tesorería General de la Seguridad Social (TGSS) via Sistema RED. Failure to do this carries fines of €3,126 to €10,000 per employee, so this isn’t a step to leave to chance.
Second, you must notify SEPE of the hire within the same 10-day window.
The beckham law
Spain offers an optional flat income tax regime for eligible foreign employees: the Beckham Law (officially Régimen Especial para Trabajadores Desplazados) applies a flat 24% IRPF rate in place of the progressive tax scale. If you’re hiring someone who may qualify, you should flag this option to them within six months of their Social Security registration. The window to apply is tight and easy to miss.
Termination and immigration status
If you terminate a non-EU/EEA employee, you must notify the relevant immigration authorities. The work permit and residence visa are tied to the specific employment that sponsored them, so a terminated employee needs to regularise their immigration status independently. Making sure the employee understands this at the point of termination reduces the risk of unintended overstays or compliance issues.
Using an Employer of Record (EOR) in spain
Sponsoring a work permit in Spain takes time, administrative capacity, and local knowledge of the immigration system. Many international employers use an EOR to hire in Spain without setting up a local entity. The EOR acts as the legal employer on record, handling payroll, Social Security registration, SEPE notifications, and employment contracts in compliance with Spanish law. For companies hiring one or two people in Spain, or testing the market before committing to a full subsidiary, EOR services offer a faster and lower-risk entry point.
FAQ
Do I need to file anything with Spanish authorities before my EU/EEA employee starts work?
No. EU and EEA nationals have free movement rights and can start work immediately without any prior authorisation from you as the employer. The only registration requirement falls on the employee: if they plan to stay for more than three months, they must register with the Central Register of Foreigners.
How long does it take to get a work permit approved for a non-EU hire in Spain?
Standard processing through the provincial Immigration Bureau typically takes one to three months. If your hire qualifies as highly skilled, you can apply through the UGE-CE fast-track unit, which can reduce processing to around 20 working days. ICT and Digital Nomad Visa routes also tend to move faster than the standard cuenta ajena process.
What’s the penalty for not registering an employee with Social Security?
Failing to register an employee with the TGSS via Sistema RED exposes you to fines ranging from €3,126 to €10,000 per employee. Registration must happen within 10 days of the employee’s start date.
Can a terminated non-EU employee stay in Spain on the same work permit?
No. The work permit and residence visa are tied to the specific employment that sponsored them. If you terminate the employee, you must notify the immigration authorities, and the employee will need to regularise their status independently. They can’t simply remain in Spain on the existing permit once the employment ends.
