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Life in Spain
Work and residence permits
Spanish immigration legislation makes a distinction between foreigners subject to the European Community regime, and foreigners subject to general immigration rules.
Nationals of EU Member States
Nationals subject to the European Community regime, from other EU Member States, the European Economic Area or Switzerland, do not need to obtain an employee or self-employed work authorization, and have the same labor rights as Spanish citizens. Foreigners belonging to this group may live in Spain without needing a residence card, as may certain members of their family. All they need is a valid identity card or passport.
Other foreign citizens included in the Community system should obtain a residence card.
For more information please see the section on labor matters.
Nationals from non-EU countries
Foreigners not qualifying for the European Community regime require authorization to live and work in Spain, as well as a special work visa. Employers wishing to hire non-EU nationals must obtain prior authorization from the Ministry of Labor and Social Affairs. However, the lack of a work authorization does not invalidate an employment contract with regard to the foreign worker's rights, nor does it prevent the foreign worker from obtaining any benefits to which he or she may be entitled. There are various types of work authorization, depending on the type of work and its duration. Foreigners who have been legally resident in Spain on a continuous basis for five years may, having renewed their employed or self-employed work and residence authorizations, obtain a permanent residence authorization. Once they have this authorization, they must apply for an alien identity card, renewable every five years.
| Type of Authorization | Scenario | Duration |
| Employed work and residence authorization | Ordinary work authorization for foreign employees with a steady work situation in Spain. | One year, renewable for two years. |
| Self-employed work and residence authorization | Ordinary work authorization for self-employed foreigners with a steady work situation in Spain. | One year, renewable for two-year periods. |
| Cross-border workers | Employed or self-employed work authorization for workers residing in a frontier area of a State to which they return every day. Only valid for that specific geographical area. | 5 years at most, renewable on expiry. |
| Temporary work authorizations | The following activities or occupations are authorized: seasonal work, project work or services, senior management, professional sportsmen or women, artistes, and vocational training and work experience. | Nonrenewable period of one year at most (except for seasonal contracts). |
| Cross-border assignments | Authorization for foreign employees of an enterprise established in a non-EU or non-EEA country temporarily assigned to Spain for the following reasons:
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A maximum of one year, renewable for a further year at most. |
Basic outline of the employed work authorization application procedure:
| PRELIMINARY PHASE: ANALYSIS OF NATIONAL JOB SITUATION Catalog of hard-to-fill jobs/INEM (National Employment Institute) |
| WORK AUTHORIZATION APPLICATION Submitted by employer to competent agency: Government Representative's Office or Sub-office or Directorate-General of Immigration |
| AUTHORIZATION GRANTED Employer notified by competent agency |
| VISA APPLICATION Foreigners must submit visa applications to the Spanish Consulate in their State of legal residence within one month from notification by employer of authorization |
| ARRIVAL IN SPAIN Foreigners must enter Spain while visa is valid. Employer must notify social security authorities of new hire (within 1 month at most after entry). Foreigners must apply for residence card (within 1 month at most after entry) |
For more information about Spain´s labor & social security legislation, please download the following document:
Labor and social security regulations
(220kb.)
Download document
Prepared by Garrigues
Edited by Samuel Passow
