Work permit in Spain: what does the employer do

What is the foundation and who gives

The normal way to hire an alien outside the EU is by the employer or authorized representative, not you. [1][3]Your role begins after the decision: visa, entry, alta, TIE. In Catalonia, the primary work permits in Barcelona are maintained by Generalitat on the basis of the delegated authority, and it is the employer who fills and submits the form under the AUT01a procedure, if necessary through a representative with a power of attorney [4][6].

So the first question to the employer is not "making a contract?" but "what procedure do you run, who pays the fee and who pays the fee." The duties differ: the employee pays for a residence permit under the modelo 790 code 052, the employer for a work permit under the modulo 790 code 062 [3]The steps taken by the employer are discussed in detail in the article. How to employ a foreigner in Spain.

What they check: the labour market, the employer and the contract

If the employer is a natural person (e.g. family hires an employee), he/she shows additional funds for himself/herself: 50% SMI without dependants, 100% SMI for a family of two and 25% SMI for each of the following, less employee salary [1]The article refers to what the treaty itself looks like. Employment contract in SpainFor occupations outside the catalogue, the employer places a vacancy in the employment service, it conducts it for eight days and issues a certificate of lack of candidates within three days of the employer ’s report [1].

Orders by stages: Who does what and how long to wait

1. The employer applies. If the documents are missing, he's given ten days to correct, otherwise the application is archived. [1].
2. Decision. Three months' time. [1][3].
3. Visa. After a positive decision, you apply for a visa within a month with the employer's notice, the consulate decides on a month's notice. [1][3].
4. Entry. The visa is taken within a month, entered within three months of its operation [3].
5. Alta. The permit shall enter into force after the alta in the Seguridad Social, which shall be processed within three months of entry [1].
6. TIE. The card is requested personally within a month after the alta [1].

This is a deadline from the standard, not a projection. Do not call the date of entry to work until the alta stage has passed. Residence permit in Barcelona.

What can and cannot be done in the first year

Primary authorization is limited to one autonomous community and one profession, which allows self-employment during the period of operation, while the main employment remains; if the employment has ceased because of something other than your fault, it is reported in the eicina de extrandjería within three days. [1]The change of employer in the same profession may take place after three months and during the first year, in two cases the change of employment is possible at any time: in the event of a gross breach of contract by the employer and in circumstances beyond the employer ’s control and preventing the employer from starting work [1].

The permit is renewed by applying for a two-month period before the end of the contract. [1]The article on seeking work that will lead to a permit seeking employment in Barcelona for a foreigner.

When a contract is not needed or there is another way

The law exempts from labour market inspection in certain cases: for example, the spouse and child of a foreigner with a renewed permit, the person who renews the previous work permit, the employment of managers and highly qualified professionals [2]. Special permits are available for qualified professionals on Ley 14/2013: Highly qualified person ’s residence permit. Graduates of Spanish universities and colleges can change their status without a visa under article 190: What to do after studying in SpainThe following rules apply to change of grounds, already in Spain with authorization: change of residence permit basis.

Typical Errors

• Consider the signed treaty sufficient. The application will be rejected unless the labour market is confirmed, the employer ’s ability to pay or qualification [1].
• Selecting a profession outside the catalogue without any reference. The employer will have to go through the employment service and it takes weeks. [1].
• The date of entry into service shall be the date of the review. The permit shall take effect only after the alta, and there shall be a visa phase before that [1].
• They don't check on the employer. Reasons for rejection include: reduction of the same vacancies in the last 12 months, fresh, severe sanctions, existing suspensions of contracts under articles 47 and 47 bis Estatututo de los Trabajadores, false documents [1].
• Accept a fake contract or payment for the place. This is a ground for refusing false information and does not create sustainable employment for extension [1].
• Not preparing for qualification. For regulated occupations, tolerance or homologation is required, otherwise 74.1 (f) is not fulfilled [1].

The Tribunal Supermo 2026 and the Employment Articles

The Tribunal Supreme Decision of 8 July 2026 (sentencia 868/2026) declared invalid a number of provisions of Real Decreto 1155/2024: article 197.2 on compulsory electronic filing (same decision of 29 July) and the separate phrases of articles 94, 97, 98, 159, 160, 166, 196 and article 101.1, paragraph 3, on temporary employment agencies in seasonal work. [5][7]Articles 73 to 81 on residence and employment permits are not mentioned in the operative part, but the wording on the date of submission is checked. Since article 197, paragraph 2, has been abolished, the obligation to apply electronically for such applications from Reglamento no longer follows: how applications are accepted now, please specify from the official.

When Individual Review Is Needed

A review is needed if your profession is not in the catalogue, if the employer is a natural person or a micro-companie, if you are already in Spain on another basis, if there is a family registration nearby, or if you have a risk of refusal because of the employer.

What can we help you with?

The NEXO team in Barcelona explains to you and to the employer the procedure that is appropriate, checks the contract and the package, prepares personal documents with apostille and translations and accompanying the stages after the decision: visa, alta, TIE. First 30 minutes freeIII. Format of work: work permitB. Roadway page: work permit.

Frequent issues

Related materials

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