Spain work visa: the employed work permit (cuenta ajena)

Residencia temporal y trabajo por cuenta ajena o propia

~16 min read · Published 22 July 2026 Updated and checked against official sources 10 October 2026 Print / PDF

What people call a Spain work visa is the general-regime residence and work permit for employed work (cuenta ajena). A Spanish employer applies for it at Extranjería, and after approval the worker collects the visa at the consulate (art. 72 and 77 RD 1155/2024). The first permit lasts up to one year and is tied to one occupation and one autonomous community. Renewal is for four years and lifts those limits. After five years the holder can obtain long-term residence.

Contents

• What this permit is
• Pros and cons
• Who applies and who counts as family
• Requirements and documents
• Applying from the United States or the United Kingdom
• Can you change employer
• How the process works
• Refusal and appeal
• Renewal
• Long-term residence and nationality

What this permit is

Any paid work in Spain requires a residence and work permit for a foreign national over 16 (art. 36.1 LO 4/2000). The employed work permit, autorización de residencia temporal y trabajo por cuenta ajena, covers work under an employment contract with a Spanish employer (art. 72 to 81 RD 1155/2024).

What people call a work visa is the permit itself. The visa is only the entry document, and the consulate issues it after the permit has been approved. The permit is granted by the Oficina de Extranjería (Extranjería), the immigration office of the province where the job is located. It takes effect only once the worker is registered with Social Security, the alta en la Seguridad Social (art. 36.2 LO 4/2000).

Other situations have their own permits:

• Running your own business as an autónomo calls for the self-employment permit, and an innovative project under Ley 14/2013 for the entrepreneur visa.
• Highly qualified professionals, intra-company transferees and researchers obtain their permits under Ley 14/2013 through UGE-CE, with no labor market test. The route is explained for employers on the For employers page and for workers in the article on highly qualified professionals.
• Remote work from Spain for a foreign company falls under the digital nomad visa.
• A student who completes studies in Spain can switch to work with no visa and no labor market test (art. 190), as explained in the article on the student visa.
• Citizens of the EU, the EEA and Switzerland need no permit, and their registration is covered in the article on EU citizens’ residence.

↑ back to contents

Pros and cons

↑ back to contents

Who applies and who counts as family

The employer applies for the permit, in person or through a representative, at the Extranjería office of the province where the job is located (art. 77.1 RD 1155/2024). The application is filed online through Mercurio (Hoja 12). At this stage the worker signs the contract and later collects the visa at the consulate.

Family members are not part of the application, and the permit is issued to the worker alone. The spouse, partner and children come through family reunification. The worker can apply for reunification after a year of residence in Spain and once they have applied to renew their own permit, and the family members’ permits are granted only after that renewal (art. 68.1). This means the family arrives in the second year at the earliest.

A reunited spouse, partner and children may work with no separate permit (art. 65.2 RD 1155/2024, art. 19.1 LO 4/2000). The spouse and children of a worker with a renewed permit can also come on their own employed work permit, with no labor market test (art. 40.1.a LO 4/2000). The procedure is covered in the article on family reunification.

↑ back to contents

Requirements and documents

The main requirement is that the national employment situation (situación nacional de empleo) allows a foreign worker to be hired (art. 74.1.a RD 1155/2024). It does so in two cases (art. 75):

• The occupation is on the list of hard-to-fill occupations (Catálogo de Ocupaciones de Difícil Cobertura). SEPE, the national public employment service, draws up the list every quarter for each autonomous community.
• The occupation is not on the list, but the employer has shown that no worker could be found on the domestic labor market. The employer posts the vacancy with the employment service where the job is located, the service handles it for eight days, and within three days of the employer’s report on the candidates it issues a certificate that no suitable job seekers are available (art. 75.2).

The list for the third quarter of 2026 has 27 occupations in three groups: professional athletes and coaches, merchant navy crews, and construction trades (aluminum, metal and PVC carpenters and fitters, electricians, crane operators) (SEPE resolution of August 3, 2026, BOE of September 2, 2026). This means that for any other occupation the employer needs the employment service certificate under art. 75.2.

The labor market test does not apply in the cases listed in art. 40 LO 4/2000 (art. 74.2 RD 1155/2024), including:

• Spouses and children of foreign nationals with a renewed permit, and reunited family members (art. 40.1.a).
• Foreign nationals supporting a parent, child or grandchild who holds Spanish nationality (art. 40.1.f).
• Children and grandchildren of Spanish nationals by origin (art. 40.1.h).

The other requirements of art. 74.1:

• An employment contract signed by both parties that guarantees “actividad continuada,” that is, continuous work for the whole term of the permit, and starts only once the permit takes effect (letter b).
• Contract terms that comply with the law and with the collective agreement (convenio colectivo) for the same activity, category and locality. For part-time work, the annual pay must be at least the full-time SMI, the Spanish minimum wage (letter c).
• No tax or Social Security debts on the employer’s side (letter d).
• Employer means sufficient for the business and for the contract, including the salary under it (letter e, art. 76).
• The training and qualifications the law requires for the profession. For regulated professions the degree must be recognized in Spain (letter f, art. 36.3 LO 4/2000).
• No commitment not to return to Spain under a voluntary return program (letter g).

SMI in 2026: €1,221 per month in 14 payments, €17,094 per year. Digital nomad threshold: €34,188 per year for the applicant (200% SMI)current for 2026

A refusal can also stem from the employer’s side (art. 78.1). For example, the application is refused if in the 12 months before the application the employer cut the same positions through a dismissal that a court or a conciliation found unjustified or void, or under art. 50, 51 and 52.c of the Workers’ Statute. The same applies if in that period the employer received a final penalty for a serious or very serious breach of the immigration law, or if a suspension of employment contracts under art. 47 of the Workers’ Statute (ERTE) covers those positions.

The employer files the permit documents (art. 77.2, Hoja 12):

• Application form EX-03.
• Company documents: tax ID (NIF), the registered deed of incorporation (escritura de constitución) and proof of the signatory’s authority. An individual employer consents to an identity check or attaches a copy of their ID.
• Proof of solvency: IRPF, VAT or corporate tax returns, or the company’s employment history report (informe de vida laboral, VILE), for the last three years, plus a description of the position (memoria descriptiva).
• The contract on the official form.
• A copy of every page of the worker’s passport.
• Proof of the worker’s training and qualifications, with recognition of the degree for regulated professions.
• The employment service certificate on the lack of job seekers, or documents showing the ground on which the labor market test does not apply.

The worker files the visa documents (art. 38 and 40.1):

• A passport valid for at least one year.
• A criminal record certificate from every country of residence in the last five years, if the worker has reached the age of criminal responsibility.
• A medical certificate stating that the worker has no disease with serious public health implications under the International Health Regulations (2005).
• Proof of payment of the visa fee.

The fees are paid within ten working days of filing (Hoja 12):

• The residence part, Modelo 790 code 052, heading 2.1.3. The worker pays it.
• The work permit, Modelo 790 code 062, heading 3.2.1. The employer pays it, and the amount depends on whether the salary is below twice the SMI. The fee applies when the permit is issued for six months or more (section 3 of the annex to Orden PJC/617/2025). The employer may not pass it on to the worker (art. 3.1 and 3.2 Orden PJC/617/2025).

The current amounts are in our total cost calculator.

Not required for the initial application:

• Means or income on the worker’s side: art. 74.1.e requires means from the employer.
• Health insurance: it does not appear in art. 38 or 74, in Hoja 12, or in the Los Angeles and London consular checklists. Once registered with Social Security, the worker is covered by the public health system.
• Housing in Spain: it does not appear in art. 74 or in Hoja 12.
• Knowledge of Spanish: the regulation sets no such requirement.

Foreign documents must carry an apostille or consular legalization and a translation into Spanish by a sworn translator (traductor jurado) (Hoja 12). We determine which documents need an apostille and translation when the service is ordered.

↑ back to contents

Applying from the United States or the United Kingdom

The worker obtains the visa at the Spanish consulate for the district where they live (Hoja 12). Nationality does not matter: a British citizen living in California applies in Los Angeles and proves legal residence in the United States. Under art. 40.1 the visa application can be filed in person or through a representative.

• The Los Angeles consulate (page dated February 24, 2026) covers Southern California, Arizona, Colorado and Utah. Applications are made in person, by appointment, at the BLS center in Los Angeles.
• The London consulate takes applications in person at the consulate, by appointment. The passport stays at the consulate during processing and is returned by prepaid Special Delivery post.

United States:

• Proof of residence in the consular district: a state ID, a driver’s license or a student ID. A non-US national also needs a green card or a long-term US visa. Holders of B-1/B-2 visas apply in their country of permanent residence.
• An FBI criminal record certificate no older than six months, with the federal apostille of the US Department of State and a translation into Spanish. A state apostille is not accepted.

United Kingdom:

• An ACRO criminal record certificate no older than three months, with the Hague apostille and a sworn translation.
• A medical certificate from a registered medical practitioner, issued in the United Kingdom or in Spain no more than three months before the application, with the apostille.
• A copy of the employment contract stamped by Extranjería.

Both consulates:

• Both checklists accept the application only in person, from the applicant or, for a minor, a parent, although art. 40.1 also allows a representative.
• The checklists ask for a passport valid for at least four months. Art. 38.d RD 1155/2024 requires one year, and the London page still cites the former regulation, RD 557/2011.
• For a one-year contract the visa is valid for 90 days. Entry must take place within that period.

↑ back to contents

Can you change employer

Yes, but in the first year under the rules of art. 79 RD 1155/2024. After the permit has been in force for three months and until the end of the first year, the worker may move to another employer “en la misma ocupación,” that is, in the same occupation (art. 79.1). The new employer notifies Extranjería of the change (art. 79.5).

In two cases the change is possible at any time while the initial permit is in force:

• The employer seriously breaches the contract in a way covered by art. 50 of the Workers’ Statute (Estatuto de los Trabajadores). The worker has three months from the point when there is sufficient evidence of the breach for a new employer to notify the change (art. 79.2).
• The work cannot start or continue because of circumstances beyond the employer’s control. The worker or the employer reports them to Extranjería within 15 days, and the worker then has three months to find a new employer (art. 79.3).

In these two cases Extranjería checks within a month the contract with the new employer, its terms, and the new employer’s tax and Social Security standing and means (art. 74.1, letters b to e). Silence means refusal (art. 79.4). If the notice was filed on time, the worker may stay in Spain until the deadline for the decision has passed (art. 79.6). Within five days Extranjería gives the worker a document confirming the notice, which the worker can take to the employment service for job placement (art. 79.5).

A different occupation, sector or autonomous community in the first year requires an amendment of the permit under art. 192.1. The worker applies to the Extranjería office where the new job is located, the labor market test applies again, and the decision is due within a month, with silence meaning approval. A move from employment to self-employment is possible under art. 192.2, and it does not extend the term of the permit.

After renewal there are no limits: the renewed permit allows employed and self-employed work in any occupation anywhere in Spain (art. 81.1). Ley 14/2013 has no equivalent of art. 79, and a change of employer there means a new initial permit (see the For employers page).

↑ back to contents

How the process works

The process takes place before entry, in two stages: first Extranjería decides on the permit requested by the employer, then the consulate issues the visa to the worker (art. 38.3 LO 4/2000, art. 77 and 40 RD 1155/2024).

Approval does not yet give the right to work. Its effect is suspended until the visa is obtained, the worker enters Spain and the alta is completed (art. 38.3 LO 4/2000, art. 77.8 RD 1155/2024). The visa lets the worker enter and stay in Spain until the alta (Hoja 12), and the permit takes effect on the date of the alta. If the alta does not happen within three months of entry, the permit never takes effect (art. 77.8).

The employer applied on March 2, and the approval arrived on May 26. The worker applied for the visa on June 10, received it on July 3, entered Spain on July 14, and the alta was completed on August 1. The permit runs from August 1 for the term of the contract, up to one year (art. 73.4), and the TIE must be applied for by September 1.

A tourist in Spain cannot obtain a work permit without leaving. The visa is issued by the consulate where the worker lives and is refused to anyone staying in Spain irregularly (art. 38.b), and a change of status to a work permit is open only from residencia temporal (art. 191.1) and from study stays (art. 190). The conditions for switching from other permits are covered in the article on change of status. The tax side of the move, including Modelo 147, is covered in the pre-move tax checklist.

↑ back to contents

Refusal and appeal

A refusal can come at two stages. Extranjería decisions on the permit and consular decisions on the visa are final at the administrative level (DA 9ª RD 1155/2024).

• Refusal of the permit. A recurso de reposición, an appeal to the same office, is filed within a month of notification (art. 124 Ley 39/2015). Alternatively, a recurso contencioso-administrativo, a claim before the Juzgado de lo Contencioso-Administrativo, the first-instance administrative court, can be filed directly within two months (art. 8.4 and 46.1 LJCA, Ley 29/1998, the law on administrative court proceedings). Against a refusal by silence, the appeal can be filed at any time.
• Refusal of the visa. The consulate notifies a refusal in writing, stating the grounds. A recurso de reposición is filed with the consulate within a month, and a recurso contencioso-administrativo with the High Court of Justice of Madrid (Tribunal Superior de Justicia de Madrid) within two months of notification of the refusal or of the dismissal of the appeal (Los Angeles consulate checklist).

Instead of appealing, a new application can be filed once the reason for the refusal has been removed. Repeating a refused application with no new circumstances is not admitted (DA 4ª.1.c LO 4/2000).

We prepare and file the appeal to Extranjería or to the consulate ourselves. A court claim requires an abogado and a procurador: we prepare the case, and a partner Spanish lawyer represents the client in court.

↑ back to contents

Renewal

The renewal application is filed during the two months before the permit expires, online through Mercurio or at the Extranjería office of the province of residence (Hoja 13). Filing in that window extends the previous permit until the decision. Filing within three months after expiry also extends it, but a fine may be imposed for the delay under art. 52.b LO 4/2000 (art. 80.1 RD 1155/2024).

The permit is renewed on one of the grounds in art. 80.2:

• The same employment relationship continues.
• The worker has worked at least three months a year and either has signed a contract with a new employer and is registered with Social Security, or has a new contract meeting art. 74 that starts after renewal, or lost the job involuntarily and has been registered without interruption as a job seeker with the regional employment service since then.
• The worker receives contributory unemployment benefit (prestación contributiva) or a public welfare benefit aimed at labor or social integration (art. 38.6.b and c LO 4/2000).
• The worker has worked and been registered with Social Security for at least nine months out of twelve.
• A family member within the circle of art. 66 has enough income to reunify the worker.
• The job was ended or suspended because of gender-based or sexual violence.

Unpaid Social Security contributions do not block renewal if the work was carried on regularly, but Extranjería reports them to the labor inspectorate (art. 80.7). If school-age children are not enrolled, the worker receives a written warning and a month to enroll them, and without that the permit is not renewed (art. 80.4). Extranjería also assesses the worker’s integration efforts, which a report from the autonomous community can show (art. 80.6).

The decision is due within three months, and silence means approval (art. 80.9). This means that after three months without an answer the permit is deemed renewed, and Extranjería issues a certificate to that effect on request (Hoja 13). The renewed permit lasts four years and runs from the day after the previous one expired (art. 81.1). The new TIE is applied for within a month of notice (art. 81.2). Fees: Modelo 790 code 052, heading 2.2.3, paid by the worker, and code 062, heading 3.2.2, paid by the employer (Hoja 13).

↑ back to contents

Long-term residence and nationality

One year on the initial permit and four on the renewed permit add up to five years of legal residence. At that point, instead of another renewal, the holder applies for long-term residence: art. 81.1 renews the permit for four years “salvo que corresponda una autorización de residencia de larga duración.” The years on a work permit also count toward Spanish nationality: the general term is 10 years, and 2 years for nationals by origin of Latin American countries, the Philippines and a few other countries (art. 22.1 Código Civil).

↑ back to contents

Author Aleksandr Nazarov