How to Work in Spain While an Asylum Application is Being Processed

Working in Spain while an asylum application is being processed is a topic of great interest for many applicants seeking economic stability in a new country. Spanish legislation regarding foreigners establishes certain conditions and rights that are important to understand.

Labor Rights of Asylum Seekers

Asylum seekers in Spain have specific rights that allow them to access the labor market under certain conditions. These rights are regulated by Law 12/2009, of October 30, on the right of asylum and subsidiary protection.

Requirements to Work

1. Waiting Period: To be able to work, the applicant must have submitted the asylum application and at least three months must have passed since the submission without a resolution being issued.
2. Application for Work Authorization: Once the waiting period has been fulfilled, the applicant must request a work authorization. This application is submitted to the Office of Asylum and Refuge or to the corresponding Government Delegation.

Types of Permitted Work

Asylum seekers may engage in any type of work, whether employed or self-employed, as long as they obtain the corresponding authorization. However, it should be noted that the work authorization is specific to the position and the company indicated in the application.

Procedure to Obtain the Work Authorization

Step 1: Submission of the Application

Once the three-month period has been fulfilled, the applicant may submit their application for work authorization. This application must include:

• A copy of the asylum application.
• Documentation proving the identity of the applicant.
• Job offer or employment contract.

Step 2: Resolution

The Administration has a period of 30 days to resolve the application for work authorization. If granted, the applicant will receive a document that will allow them to work legally in Spain.

Additional Considerations

• Access to Social Security: Upon obtaining work authorization, the applicant also has the right to register with Social Security, allowing them to access healthcare services and social benefits.
• Changing Employment: If the applicant wishes to change employment, they must submit a new application for work authorization.

Conclusion

Working in Spain while an asylum application is being processed is possible, as long as the procedures established by current legislation are followed. It is essential to meet the necessary deadlines and requirements to ensure both the right to work and the asylum procedure are protected.

Written by:
Ariana Pérez
Visa and Residency Lawyer
Publication date: September 30, 2025

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