Residence and work permits in Spain

Spain offers a range of opportunities for individuals wishing to live and work within its territory. However, residence and work permits depend on various personal and employment-related factors. It is essential to understand your connection to Spain, whether through family ties, nationality, a job offer, or investment capacity. Below, we examine some of the main pathways for obtaining a residence and work permit in Spain.

Factors to consider when applying for a residence and work permit in Spain

There is a wide range of possibilities for becoming a resident in Spain, each subject to specific conditions. To assess your eligibility, consider the following questions:

• Do you have direct relatives (ascendants, descendants, spouse, or registered partner) who are Spanish and/or EU citizens residing in Spain, or non-EU relatives with a valid residence permit in Spain?
• Does your nationality benefit from an international agreement with Spain that facilitates the acquisition of a residence and/or work permit?
• Do you have a job offer in Spain, or is the role included in the Shortage Occupation List?
• Is your intention to invest in Spain, or simply reside there while demonstrating sufficient financial means to support yourself during your stay?

Main types of residence and work permits in Spain

To understand the options available under Spanish immigration law, it is important to assess each case individually. The main pathways are as follows, depending on the applicant’s profile:

Residence permits through Spanish or EU family members

• Residence card as a family member of an EU citizen: This permit enables you to live and work in Spain for five years if you are a direct relative of a Spanish or other EU citizen residing in Spain. You must demonstrate the family relationship and fulfil legal requirements (including, in some cases, proof of financial dependency).
• Residence permit through family reunification: This applies if your family members in Spain are non-EU nationals with legal residence. These relatives must have lived in Spain legally for at least one year and be authorised to remain for at least another year (note: for ascendants, the sponsor must hold long-term residence). The reunified relative will be granted a permit matching the sponsor’s permit duration.
• Residence permit through family ties (arraigo familiar): If you are the child of a Spanish citizen by origin and can prove it, you may be granted a one-year residence permit. If you are the parent of a Spanish minor, you can obtain a five-year residence permit. Spouses and registered partners of Spanish citizens, as well as ascendants and descendants over the age of 21 of the citizen and their spouse or partner, may also qualify for a five-year permit.

Residence permits based on job offers

If none of the above categories apply, but you have received a job offer in Spain, your eligibility will depend on whether the offer meets the criteria for a residence and work permit.

• Residence and work permit as an employee (Law 4/2000 on Foreigners): To qualify, the job offer must be for a minimum of one year and comply with the national employment situation (i.e., no suitable jobseekers already residing in Spain). Exceptions exist for certain nationalities, such as Peru or Chile. The national employment situation requirement is also waived for roles listed in the quarterly Shortage Occupation List issued by the Spanish Public Employment Service.
  This list varies by province, island (in the case of island provinces), and the autonomous cities of Ceuta and Melilla. If the job is included on the relevant list, the employer may request a residence and work permit for the foreign worker.
• Highly Qualified Professional permit (Law 14/2013 on Entrepreneurs): This permit has more stringent requirements. The role, duties, and qualifications must meet the “highly qualified” criteria as defined in the relevant collective agreement. The initial permit can be granted for up to three years and is renewable in two-year increments.

In both cases, the employer is responsible for submitting the application.

Permits for entrepreneurs and self-employed individuals

• Self-employment residence and work permit: Designed for non-EU nationals intending to work independently in Spain.

Applicants must prove they have the infrastructure and capital to carry out the business activity and meet all legal obligations for launching and operating a business (e.g., rental agreement for premises, licenses).

This process can be complex, taking up to six months, followed by roughly 45 days to obtain a visa. Although applications are submitted abroad through the relevant Spanish consulate or embassy, certain preliminary steps -such as obtaining a NIE (Foreigner Identification Number)- may require physical presence in Spain.

Residence permits not requiring employment

• Non-lucrative temporary residence permit: Ideal for individuals wishing to reside in Spain without engaging in work. This permit requires proof of sufficient financial means and private health insurance valid in Spain.

Conclusion

As shown, there are multiple pathways to reside and/or work in Spain, each contingent on the applicant’s personal circumstances.

If you are considering relocation to Spain -or if you are already residing in the country and seeking the most suitable legal route- AGM can provide personalised advice. Contact us! Our expert immigration lawyers will help you find the best solutions for your situation.