Back to Services

Residence and Work Permits: Employed and Self-Employed

1. Introduction to the New Regulatory Framework

This comprehensive reform responds to the need to adapt regulations to a changing reality, with the aim of aligning migration management with the structural demands of the labour market and EU standards. The fundamental pillars of this reform lie in administrative simplification, faster procedures and unprecedented labour flexibility. The new regulatory text seeks to optimise talent retention and promote regular and safe migration, eliminating documentary duplication and reducing the Administration's response times.

2. Employed Work

a. Definition and Concept

As stipulated in Article 72, the situation of temporary residence and work as an employed person is defined as that which enables the foreign national to remain in Spain for a period exceeding ninety calendar days and not exceeding five years, for the purpose of carrying out a work activity for an employer. The minimum age to hold this authorisation is set at 16 years.

b. Specific Requirements for the Employer and Worker

Article 74.1 establishes the requirements for granting the initial authorisation:

  • National employment situation: The hiring must be compatible with the domestic labour market situation (Art. 75).
  • Employment contract: Submission of a signed contract guaranteeing continuous activity for the duration of the authorisation.
  • Regulatory compliance: Working conditions must strictly comply with applicable regulations and collective bargaining agreements.
  • Legal obligations: The employer must certify that they are up to date with their tax and Social Security obligations.
  • Professional qualification: The worker must hold the legally required qualification or accreditation for the profession.
  • Public Safety: The applicant must not pose a threat to public order, assessed by the absence of a criminal record.

c. The National Employment Situation

To safeguard the labour market, the regulation relies on the Catalogue of Hard-to-Fill Occupations, updated on a quarterly basis (Art. 75.1). If the occupation is not listed in the catalogue, the employer must initiate a job offer with the Public Employment Service within the following deadlines:

  • Job offer management: The Public Employment Service will manage the offer for a period of 8 days.
  • Insufficiency certificate: In the absence of suitable candidates, the insufficiency certificate will be issued within a maximum of 3 days.

d. Procedure and Effectiveness of the Authorisation

  1. Initial application: The employer submits the application to the competent Immigration Office.
  2. Processing: The Administration obtains criminal and police record reports ex officio.
  3. Resolution: The maximum period to resolve and notify is 3 months. Administrative silence has dismissive effects.
  4. Consular process: Following the grant, the worker has one month to apply for the visa at the consular office.
  5. Entry and Social Security: Once in Spain, the worker must be registered with Social Security within a maximum of 3 months.
  6. Suspension of effectiveness: The effectiveness of the authorisation remains suspended until Social Security registration is completed.

3. Self-Employed Work

a. Regulatory Framework

In line with the Royal Decree's Preamble, this legal framework seeks to promote circular migration and entrepreneurship, recognising self-employment as an essential driver of economic integration.

b. Flexibility and Parallel Activity

A major technical innovation introduced by Article 73.5 is that the authorisation for residence and employed work now also enables the parallel exercise of self-employed activity. However, the regulation requires that the principal activity remains employed work. If the main employment contract is terminated, the self-employed authorisation will not automatically serve as a sole basis for residence without the corresponding modification of immigration status.

4. Common Features and Flexible Innovations

  • Initial Duration (Art. 73.4): The initial authorisation will have a maximum validity of one year, adjusted to the duration of the contract.
  • Geographical Scope (Art. 73.1): The authorisation is initially limited to one occupation and one autonomous community, except in cases where the national employment situation is not applicable.
  • Foreign National Identity Card (TIE): The holder must personally apply for the TIE within one month of Social Security registration (Art. 73.3).
  • Security and Public Order (Art. 77.5): The existence of a police record does not imply automatic rejection. The competent body must conduct a case-by-case assessment to determine whether the individual poses a real and current threat to security.

5. Grounds for Refusal

Article 78 establishes specific grounds for refusing the application, with those relating to the employer's conduct being particularly severe:

  • Unfair dismissals: The application will be refused if the employer has eliminated jobs through dismissals declared unfair or void in the 12 months prior to the application.
  • Immigration sanctions: The existence of final sanctions for serious or very serious immigration offences in the last 12 months acts as a barrier to hiring.
  • Criminal convictions: Final sentences for offences against workers' rights, human trafficking or tax fraud.
  • Failure to meet requirements: Failure to prove sufficient financial means or the worker's qualifications.

Conclusion and Validity

The reform brought about by Royal Decree 1155/2024 represents a qualitative step forward in talent retention and legal certainty for economic operators. It simplifies transitions between administrative situations and adds greater dynamism to the figure of the foreign worker, introducing more agile mechanisms for managing authorisations and supporting both labour integration and the protection of fundamental workers' rights.