Initial authorization for temporary residence and employment
With lawyers specializing in mobility and strategic immigration
Are you a foreigner and have received a job offer in Spain? Our legal team will advise you throughout the process of obtaining the initial temporary residence and work permit.
What is the initial authorization for temporary residence and employment?
The initial authorization for temporary residence and employment is a permit for non-EU foreign citizens who wish to legally reside in Spain after receiving a job offer. This type of authorization allows them to work. solely on someone else's account —that is, under the direction of a Spanish employer— and is subject to strict compliance with a series of legal requirements.
It is the employer in Spain who submits the application to the Immigration Office .
This authorization has a duration equivalent to the contract offered, with an initial maximum of one year. In addition, it is limited to a specific occupation and even regional territorial scope, except in those cases where the national employment situation does not apply.
Requirements for starting the initial authorization for temporary residence and employment in Spain
- Favorable national employment situation
The position must be listed in the catalog of hard-to-fill jobs or, failing that, provide documentary evidence that it has not been possible to fill the vacancy with available personnel on the domestic labor market.
- Formalized employment contract
The employer must present a signed employment contract, with a duration commensurate with the requested residence period. The start date must be contingent upon the permit being granted.
- Adequate working conditions
The salary, working hours, and contract conditions must comply with current regulations and the collective bargaining agreement applicable to the activity, professional category, and location of the position.
- Tax and Social Security Compliance
The employer must be up to date with their tax and contribution obligations, which will be verified ex officio by the administration.
- Financial solvency of the employer
It must be proven that the company or employer has sufficient means to undertake the hiring, including payment of the salary and the viability of the business project.
- Worker training
The applicant must have the professional qualifications or experience necessary for the position offered, in accordance with applicable labor legislation.
- Not be subject to non-return commitments
The worker must not have previously made voluntary return commitments that would limit their return to Spain.
- Absence of criminal record
The applicant must not pose a threat to public order, safety, or health, as verified by criminal record certificates and a police report.
- Payment of the administrative fee
It is essential to pay the corresponding fee for the procedure for the application to be valid.
How do I process an application for initial authorization for temporary residence and employment?
Presentation of the application: The company or employer submits the application to the Immigration Office of the province where the job is located.
Admission for processing and requirements: The office verifies that there are no reasons for inadmissibility. If documentation is missing, it must be corrected within 10 days.
Issuance of reports: Reports are collected from the SEPE, the Treasury, Social Security, and the Central Registry of Convicts.
Resolution: The administration has a maximum of three months to resolve the matter. Failure to do so will result in the matter being dismissed due to administrative silence.
EEntry and registration in Social Security: It must be produced in the 3 months after legal entry into Spain.
To provide support to a person with a disability who is a national of another Member State of the European Union, the European Economic Area, or Switzerland, in exercising their legal capacity, provided that the applicant is a family member, is in charge of the person with a disability, and lives with them.
TIE Application: Once discharged, the worker has 1 month to apply for your residence card.
Documentation required for the initial application for temporary residence and employment authorization.
The official application for initial authorization for temporary residence and employment must be accompanied by the following documentation:
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