Hiring a foreign national in Spain: steps for employers

How to hire an alien in Spain: a general scheme

If the applicant lives abroad and is not eligible to work in Spain, the employer requests for an autorización incicón de residencia temporal y travajo por cuenta ajena. The Aliens Act requires the employment of an alien of prior authorization, which the employer itself requests and attachs to the application a contract of continuous employment for the duration of the permit. [2]The scheme is further:

This scheme applies to the employment of "from scratch." If a candidate already has a work permit, a contract of employment and an alta in the Seguridad Social, if he lives in Spain without the right to work, for example, on no lucrativa or on the training estancia, there are separate rules of transition: articles 190 and 191 Reglamento. [1]III. Review of these routes: Can you change the basis of the residence permit?.

What is the situation of the national labour market and how to deal with it?

Situación nacional de impleo (SNE) checks whether it is possible to close the vacancy internally. [1].

First, the profession is part of the Catálogo de Ocupaciones de Difícil Cobertura, which is composed of SEPE every quarter according to the Autonomous Employment Services, and the inclusion of the profession gives the right to request permission for an alien [1]. The catalogue for the third quarter of 2026 was published in BOE on 2 September 2026; it includes professional athletes and coaches, a number of trades and professions for all provinces: installation of metal and aluminium structures, electrical construction of buildings, crane operators [5]The catalogue is updated every quarter, and before you apply, see the existing one.

The second is that the profession is not in the catalogue. Then the employer offers employment at the workplace, she takes it eight days, then the employer reports the result of the selection, who is accepted and who is rejected and why. [1]The proposal should be precise and not contain requirements other than work. [1].

The market situation is not taken into account in some cases listed in article 40 of the Aliens Act: for example, for re-unified family members of working age, children and grandchildren of a Spanish parent, foreigners born and residing in Spain, and for senior and "trustworthy" positions, highly qualified professionals and intra-corporate transfers. [2]For professionals from Tarjeta azul-UE, read EU Blue Card in Spain.

What are the requirements for the employer and the contract?

Article 74 Reglamento lists what needs to be shown [1]:

• The contract signed by the employee and the employer for continuous work during the period of validity of the permit; the date of commencement is tied to the entry into force of the permit;
• The terms of the contract are in accordance with the law and the collective agreement for the same activity, category and location; with a part-time working day, full remuneration for a year not less than the annual full-time SMI, now 17,094 I [6];
• The employer is taxed and Seguridad Social;
• The employer has sufficient funds for the project and the contractual obligations, including payment of the said salary;
• The employee has the qualifications required by the profession, while the professions are regulated, there is still a tolerance;
• No threat to public order, no time limit for "non-return" and payment of a duty.

If the employer is a private individual, he or she shall additionally confirm the funds for himself or for the family: under article 76, this is 50% SMI per month in the absence of dependants, 100% for a family of two and 25% for each of the following, less the employee ’s salary. [1]The company confirms the funds, inter alia, by registration and status in the mandatory registries [1]I am not aware of the situation in the country. Employment contract in Spain: what to look at [7].

Where and how is the application made in Barcelona?

The employer or his representative applies for an application. 77 Reglamento applies to the province of the workplace, but Catalonia has been granted the transfer of functions under the primary employment permits and by its own account (Real Decreto 1463/2009), and the procedure in such regions is defined by article 194: the application is accepted by the regional authority. [1][4]The procedure is called AUT01a on the Generalita page: only the employer who wishes to hire a foreign worker who does not reside in Spain can start it; the representative is allowed to apply for a notary power or a poder apud acta in the Register of Reprecenta; the application is filled in and filed in a special form on the website; the work permit fee can be paid there or in the bank. [3].

Legal persons are required to deal with the administration electronically only (art. 14.2 Ley 39/2015) and Generalitate publishes online service [3][8]The Tribunal Supermo decisions of 2026 repealed article 197.2 of the Reglamento on mandatory electronic presentation for a number of proceedings [9], but this applies to individuals, and for companies the general rule Ley 39/2015 remains. The residence permit fee (modelo 052) is paid after assigning the NIE candidate, usually at the request of the department [3].

The application shall be accompanied by [1]:: NIF employer and legal person: representation document, official contract, funds documents, full copy of employee ’s passport, qualifications, employment service certificate if necessary, or exemption document from SNE. Residence permit on a work contract.

How long can you wait and what's gonna stop you?

The authority decides and reports within three months. If no reply is received after the deadline, the application is considered rejected. [1]Before the decision, both the Seguridad Social Employers, the Spanish criminal record and the police report are checked, requested and received within seven days. [1].

Article 78 should be refused, in particular, if the requirements of article 74 have not been met, and if the employer has removed the same posts in the last 12 months because of unlawful dismissals or for the reasons of articles 50, 51 and 52.c Estatututo de los Trabajadores, has received final sanctions for serious or very serious violations in the migration and labour sphere, filed false documents, has been convicted of certain crimes or has been convicted of certain offences. Applys suspension of contracts (ERTE) for these posts [1]If the refusal is motivated, it contains means of appeal [1]What if refused: Appeal against residence permit decision.

What's the candidate's role?

The applicant collects personal documents and passes the visa part himself. After a positive decision on the employer ’s application, the applicant applies for a visa no later than one month from the notification, the consulate decides no later than one month. [1]Article 38 visa requires: a form, a passport with a minimum duration of one year, a certificate of non-judiciality from the countries of residence over the past five years, a medical certificate, a fee [1]I. Documents are submitted with apostille and translation, in greater detail: apostille and legalization of documents.

Once the alta has entered the Seguridad Social, it must be completed within three months, otherwise the authorization will not come into effect, and after the alta, the candidate has one month to apply for the TIE personally. [1]The first authorization is limited to one autonomous area and one profession, not more than one year, and one may be transferred to another employer in the same profession after three months in the first year, in the event of serious employer violations, the extension is four years earlier. [1]The date of commencement of the contract is tied to the time when the authorization becomes effective, so it is not possible to start earlier [1].

Typical employer errors

• Starts work before authorization comes into effect: hire without permission is subject to a fine of 10,001 to 100,000 I for each employee [2].
• "Personal" job in the employment service: the offer must be accurate and without undue demands [1].
• Do not check debts before tax and Seguriidad Social: this is a condition of authorization [1].
• Present a contract whose terms are below the collective agreement for profession and location [1].
• Presented for a post closed by dismissal in the last 12 months [1].
• Forget that the decision is negative by silence and that it doesn't control the time.
• Not notified to the employment service of the contract: the employer is obliged to report the contracts within 10 days [7].

What can we help you with?

The NEXO team in Barcelona is preparing a package for the company and the candidate, helping to choose the procedure: general employment authorization, special permission for highly qualified professionals, or other way. First consultation: 30 minutes free, full consultation: 121 in 45 minutes. Book a consultationService: work permitand time frames collected WorksheetA general overview of the grounds is on the page Residence permit in BarcelonaFor the candidate: Looking for a job in Barcelona.

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The source is viewed on 02.10.2026 · NEXO · Drafting Draft · Sources do not replace individual legal advice.