How to obtain a residence and work authorization as an employee

Obtaining a residence and work authorization as an employee in Spain is a fundamental process for those foreigners who wish to work legally in the country. Below, we explain the steps and requirements necessary to obtain this authorization according to current Spanish immigration law.

What is the residence and work authorization for others?

The residence and work authorization allows a foreigner to reside and work in Spain within the framework of an employment relationship with an employer. This authorization is essential for those who have a job offer in the country.

Requirements to obtain authorization

1. Job offer

It is necessary to have a job offer formalized by a Spanish employer. This offer must meet the following criteria:

• The position must be registered with the State Public Employment Service (SEPE).
• The salary must be equal to or higher than the minimum interprofessional salary (SMI).

2. Capacity for employment

The applicant must meet the professional and academic requirements necessary for the job offered. This may include academic degrees, work experience, and/or specific certifications.

3. Absence of criminal record

The applicant must not have a criminal record in Spain or in other countries where they have resided in the last five years.

4. Regular situation in Spain

If the applicant is in Spain, they must have a regular status of stay. This means that it must not be in an irregular situation.

Steps to request authorization

1. Gather the necessary documentation

Required documentation includes:

• Valid and current passport.
• Job offer signed by the employer.
• Documentation accrediting training and professional experience.
• Criminal record certificate.
• Work life report (if applicable).

2. Submit the application

The application is submitted at the Immigration Office corresponding to the applicant's place of residence, or through the Spanish consulate in the country of origin.

3. Wait for the resolution

The deadline for the resolution of the request is 3 months. If no response is received within this time, the request is considered to have been rejected.

4. Obtain the residence card

Once the authorization is approved, the applicant must go to the Immigration Office to obtain the foreigner identity card (TIE), which certifies their residence and right to work in Spain.

Conclusions

Obtaining a residence and work authorization as an employee is a process that requires meeting certain requirements and following a specific procedure. It is advisable to have the advice of a lawyer specialized in immigration to facilitate the process and ensure that all legal requirements are met.

Written by:
Ariana Pérez
Visa and residency lawyer
Publication date: January 23, 2026

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