As Spain continues to attract international talent, employers must understand the legal framework for hiring foreign workers—especially those from outside the European Union.
This guide outlines the key requirements for employing non-EU citizens in Spain, from securing the right work permit to drafting a compliant employment contract.
👥 1. Who Needs a Work Permit in Spain?
| Worker Type | Work Permit Required? | Notes |
|---|---|---|
| Spanish citizens | ❌ | Free to work without restrictions |
| EU/EEA/Swiss citizens | ❌ | Can work freely under freedom of movement |
| Non-EU nationals | ✅ | Must obtain work authorization before working |
📑 2. Types of Spanish Work Permits
Employers must choose the correct residency and work authorization based on the role and profile:
| Permit Type | Use Case | Validity |
|---|---|---|
| Cuenta ajena (employed) | Hiring a foreign employee for a company role | 1–2 years |
| Cuenta propia (self-employed) | For foreign entrepreneurs or freelancers | 1–2 years |
| EU Blue Card | Highly skilled professionals | 1–4 years |
| Intra-company transfer (ICT) | Transfers within multinational companies | Up to 3 years |
| Seasonal worker visa | Agriculture, tourism, or temporary roles | Up to 9 months |
Some sectors (e.g., tech, health) may qualify for fast-track processing under Spain’s Startup Law or digital nomad visa.
📋 3. Employer Requirements for Hiring Foreigners
To legally hire a non-EU national, employers must:
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Be registered with Social Security (Seguridad Social)
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Be in good standing with tax and labor authorities
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Prove the job cannot be filled by a resident (except for high-demand jobs)
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Offer a contract that complies with Spanish labor law
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Handle the initial work permit application on behalf of the employee
📌 Applications must be filed while the worker is abroad, unless applying under special categories (e.g., student visa holders switching status).
🧾 4. Employment Contract for Foreign Workers
All contracts must:
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Be in writing, in Spanish
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Include job title, salary, working hours, and duration
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Align with the applicable collective bargaining agreement
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Specify social security registration and tax deductions
💡 Contracts are submitted as part of the visa process and must be pre-approved by the immigration office.
🛂 5. The Work Permit Application Process
Steps for Hiring a Foreign Employee in Spain:
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Offer Letter/Contract
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Submit application to Delegación de Gobierno
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Wait for approval (30–60 days typical)
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Employee applies for work visa at Spanish consulate abroad
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Upon arrival: register with Social Security + local town hall (empadronamiento)
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Apply for TIE card (foreign ID)
📌 The employee cannot begin work until the visa is stamped and TIE is issued.
💼 6. Hiring EU Nationals in Spain
EU/EEA/Swiss citizens:
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Do not require a visa or work permit
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Must register as residents if staying longer than 90 days
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Obtain NIE (foreigner ID number) and register with Social Security
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Employers must still issue a compliant contract and register the worker
💶 7. Taxes and Social Security Contributions
Employers hiring foreign workers must:
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Register the worker with Tesorería General de la Seguridad Social
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Deduct and pay:
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Income tax (IRPF)
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Social contributions (around 30–35% of gross salary)
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Foreign workers are eligible for public healthcare and benefits once registered.
⏳ 8. Work Permit Renewals and Modifications
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Initial permits are valid for 1 or 2 years
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Renewals possible for 2–5 years, leading to long-term residency
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Permits can be modified (e.g., from student to employee, from employee to self-employed)
👉 Staying compliant with renewals is critical—delays or errors can lead to penalties or cancellation.
📉 9. Penalties for Illegal Hiring
Hiring a foreigner without a valid permit is a serious offense:
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Fines of €10,000–€100,000 per worker
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Criminal charges in cases of labor exploitation
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Potential loss of immigration privileges for the company
Always verify work authorization status before onboarding.
⚖️ 10. Need Help Hiring Foreign Talent in Spain?
Whether you’re expanding your business or onboarding an international team member, Borderless Lawyers offers:
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End-to-end work permit assistance
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Contract drafting and Social Security registration
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EU Blue Card and intra-company transfer support
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Solutions for startups, tech companies, and remote teams