Sheet 26 - Authorization of temporary residence and work for seasonal activities in circular migration. (Collective Management of Contracts at Origin, GECCO 2025)

* The content of this page is for guidance only. Only the provisions of the regulations in force at the time of submission of the application are applicable. 

Last Updated: May 2025

Index of contents 

  • Type of Authorization
  • Basic regulations
  • Requirements
  • Exigible documentation
  • Procedure
  • Appeals by the persons holding the authorisation for the duration of the multiannual authorisation
  • Extension of labour activity
  • Renewal of the authorization after the end of its validity
  • Modification of circular migration permits to residence and work permits
  • Countries with which Spain has signed agreements on the regulation and management of migratory flows
  • Countries with which Spain has signed collaboration instruments in this field

TYPE OF AUTHORISATION 

It is a residence and work authorization of a temporary nature that entitles to work for a maximum period of nine months in a calendar year, for a single employer, based on a fixed-discontinuous contract, to attend to the coverage of posts with a seasonal, seasonal or intermittent service nature with certain execution periods.

The duration of this authorization is four years and its validity will be subject to the maintenance of the conditions that justified its granting.

 

BASIC REGULATIONS 

  • Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (article 39).
  • Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 100 to 123)
  • Order ISM/1488/2024, of 27 December, regulating the collective management of contracts at source by 2025.

REQUIREMENTS 

  • The workers:
  • Not to be found or to reside in Spain. 
  • Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or a family member of a citizen of these countries to which the regime of citizen of the Union applies.
  • Lack of criminal records in Spain and in the countries where he has resided for the last five years, for crimes existing in the Spanish legislation.
  • Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
  • Not to be found, where appropriate, within the commitment period of no return to Spain that the foreign person has assumed when voluntarily returning to their country of origin.
  • Do not pose a threat to public order, safety or public health. 
  • Not to suffer from any of the diseases that may have serious public health repercussions, in accordance with the International Health Regulations of 2005.
  • Commitment of return to their country of origin once the employment relationship has ended.
  • Comply with the current rules on health, internal regulations and living together in farms and housing or occupational risks.
  • Possess the administrative certificates or licenses that, where appropriate, are required for the development of a professional activity regulated according to the applicable sectoral regulations.
  • During the first year of the authorization, the residence and work visa for seasonal activities will be required for entry into Spain. In each year following the year in which the authorisation was granted, the person holding the authorisation must, if all the requirements are met, be called back by the employer, within the framework of the concluded employment contract.
  • The employers:
  • It will be required that the national employment situation allows the contracting of foreign workers in accordance with the applicable regulations, except for those included in the annual occupational forecast approved in the collective management procedures of employment contracts that follow its own regime.
  • Formalize in writing a fixed-discontinuous contract that contains, at a minimum, information on the essential elements of the employment contract, and all others that the employment regulations establish for the type of contract concerned and, in particular, the place and type of work; the duration of the season; the hours of work and the date of commencement of work.
  • As a general rule, job offers should be of a generic nature and workers should be selected in their countries of origin which, preferably, will be with which Spain has signed agreements on the regulation and management of migratory flows. Job offers of a nominative nature may only be submitted when:
  • The worker has previously been the holder of an authorization for temporary residence and work in Spain for seasonal activities, granted according to the procedure of collective management of contracts in origin, and has accredited, before the Spanish consular authority, the return to their country of origin and they are not found or reside in Spain.
  • When the selection is made abroad by a company that belongs to the same group or is of the same ownership as the contracting company and does not have as a single or main activity or accessory the selection of workers.
  • When, exceptionally, it is authorized by the General Directorate of Migration Management.
  • The offers may be presented by whoever has the legal representation, which in this case may be business organizations.
  • The Public Employment Service must certify that they do not have candidates to cover the offer submitted.
  • They must guarantee the continued activity during the validity of the requested authorization. In the agricultural sector, continuous activity is considered to be activity that is not less than 85% of the usual working time in the sector.
  • Indicate the planned period of activity for the first year of the multiannual authorisation and, where applicable, the contractual concatenations.
  • Assume the cost of the trip to Spain from the country of origin of the contract and the trips between the point of arrival and the accommodation.
  • Comply with the measures and requirements of health control required both at the workplace and at border control, or on intermediate journeys, established by the competent health authority, assuming their cost.
  • Have the measures provided for in all plans or protocols to which employers are obliged to carry out in accordance with current regulations in the field of equality, the prevention of sexual harassment and harassment based on sex at work and others.
  • Be aware of the fulfillment of their tax obligations and face the Social Security. 
  • Have sufficient economic, material or personal means for their business project and to meet the obligations assumed in the contract against the worker.
  • To make available to the worker an adequate accommodation that meets the conditions laid down in the regulations in force, as well as in the health recommendations, ensuring, in any case, the habitability and adequate hygiene of the accommodation.
  • Subscribing to an insurance that covers the health care of the working person from the date of start of the trip to Spain until that in which the discharge in the corresponding Social Security regime occurs.
  • Provide the return commitment signed by the foreign person.
  • Pay the fee for the processing of the procedure.

EXIGIBLE DOCUMENTATION 

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application. 

  • Offer management request form: Annex III(A) for offer management request, Annex III(B) for generic offers and Annex III(C) for nominative offers.
  • Documentation identifying the company requesting the authorization:
  • If it is an individual entrepreneur: copy of the NIF or NIE, or consent to check identity data through the Identity and Residence Data Verification System.
  • If it is a legal person (S.A., SL, Cooperative, etc. ):
  • Copy of the company’s NIF and copy of the deed of incorporation duly registered in the corresponding Registry.
  • Copy of the public document that proves that the signatory of the authorization request holds the legal representation of the company.
  • Copy of the NIF or NIE or consent to verify identity data through the Identity and Residence Data Verification System of the signatory of the application.
  • Copy of the employment contract, in an established official model.
  • Documents accrediting the economic, material or personal means available to the employer for his business project and to meet the obligations arising from the contract signed with the foreign worker.
  • Accreditation by the company of having informed the worker of the rights and obligations arising from the signing of the employment contract.
  • Documentation proving to be in possession or to have applied for a health care insurance. 
  • Declaration responsible for compliance with economic solvency.  
  • Responsible declaration of the working person certifying the commitment to return, to comply with the current rules of health, internal regime and coexistence in farms and accommodations or occupational risks during the entire validity of the authorization.
  • Certification of the Public Employment Services of the insufficiency of job seekers to cover the job.
  • Copia del pasaporte completo o documento de viaje en vigor de la persona trabajadora extranjera.
  • Documentation accrediting the availability of adequate accommodation.
  • Documentation accrediting the organization of the trips and assuming the cost of the first of the trips and those of the return transfer between the entry point to Spain and the place of accommodation.

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is submitted by a sworn translator.

List of sworn translators. 

On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which the document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation except in the case where the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless the document is exempt from legalization under the International Convention.

Information on translation and legalization of documents. 

PROCEDURE 

  • Subject legitimated to submit the application: the employer directly or, provided that they are not temporary work companies, through whom they validly have their legal representation, which may be business organizations.

Information sheet on legitimated subjects.

Except in cases where the national employment situation requirement is not applicable, the authorisation shall be limited to an autonomous geographical area and an occupation. When the Autonomous Community has recognized competences in the field of initial work authorization, it may determine the geographical scope of the authorization within its territory

  • Lpresentation ugar:
  • Telematically, before the Labor and Immigration areas or units or before the Immigration Offices that have delegated the competence of the province where the labor activity is to be carried out, which will be the competent body for the processing of the procedure.

Address information, telephone numbers and hours of service to the public. 

  • Deadline for submission: It must be submitted at least two months in advance of the date of commencement of the anticipated employment relationship, unless there are grounds for doing so.
  • Minimum number of jobs: job vacancies must contain a minimum number of five jobs. Exceptionally, the General Directorate of Migration Management may authorize the management of offers with a minimum number of five jobs.
  • Selection of people working abroad: the General Directorate of Migration Management, after evaluating the file and through the General Directorate of Spaniards Abroad and Consular Affairs (Ministry of Foreign Affairs, European Union and Cooperation), which will inform the Diplomatic Mission or Consular Office, will send the offers within 5 working days to the body in charge of the pre-selection so that the date, place and methodology for the selection of the working people will be agreed
  • The selection committee will be made up of representatives of the General Directorate of Migration Management and/or the Labour Department of the corresponding Diplomatic Mission, of the competent bodies of the country of origin and, at the choice of the employer by their representatives or by business organizations.
  • Corresponding fees: must be paid within ten working days from the moment in which the list of selected workers is available, provided that the authorization is of a duration equal to or greater than six months:
  • Model 790 code 052 epigraph 2.1.3. “Initial authorization of temporary residence and work for an employed and/or self-employed person”: to be paid by the foreign worker. 
  • Form 790 code 062 heading 3.4.1 “Authorization of initial work, work for seasonal activities”: to be paid by the employer, provided that the work authorization has a duration equal to or greater than six months

The form for the subscription can be downloaded from this page.

  • Time limit for the resolution of the application: one month from the day following the date on which it entered the register of the competent body for processing. Once this period has elapsed without a relapse of an express resolution, it may be understood that the application has been dismissed by administrative silence. (When it has not been possible to notify the resolution it will be announced in the Single Edictal Board (TEU). If you have opted for electronic notification or are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within ten calendar days of its publication, it will be given as notified). 
  • Within one month of the notification of the decision granting the authorization, where appropriate, the employer, the business organization or their accredited representatives must submit to the competent Spanish Consular Office the visa applications of all workers jointly, after paying the established fees, accompanying the following documents for each of the workers:
  • Official national visa application form signed by the interested party or his representative.
  • A recent photograph, of card size, in color, on a light background, without glitters or garments that cover the oval of the face.
  • In the case of presentation of the application through a representative, document that accredits such representation.
  • Employment contract, completed and signed by the employer and worker in the model approved by the State Public Employment Service.
  • Annex to the work contract formalized in Annex V of Order ISM/1488/2024, of December 27, completed and signed by both parties.
  • Return commitment formalized in Annex VI of Order ISM/1488/2024, of December 27, completed and signed by the worker.
  • Ordinary passport or travel title recognized as valid in Spain with a minimum validity of one year
  • Criminal record certificate issued by the authorities of the country of origin or the country or countries in which you have resided during the last five years.
  • Medical certificate.
  • Resolution granting the authorization of temporary residence and work.
  • Payment of the visa fee and proof of payment of the other fees payable.
  • The visa will be issued within a maximum period of five working days. 
  • Within a maximum period of three days from the entry of the worker in Spain he must be discharged in the corresponding Social Security regime.
  •  Within one month of the worker being registered in Social Security, he/she must personally apply for the alien identity card at the competent Police Station or police services of his/her place of residence. This card will state that the authorization is for seasonal activities.

The documentation to be provided in the application for the alien identity card can be consulted at the following link:

https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34 

  • Once the work benefit is finished, the workers must return to their country immediately and have a period of one month from the entry to appear at the corresponding Spanish Diplomatic Mission or Consular Office in order to prove the return commitment.

APPEALS BY PERSONS HOLDING THE AUTHORISATION DURING THE VALIDITY OF THE MULTIANNUAL AUTHORISATION  

The employer, from the second year of validity of the authorization, must inform the competent authority, at least three months before the start of the work activity foreseen in them, unless there are reasons, of the start of the call that he has made to the worker who holds the authorization for the start of the corresponding period of activity.

  • Requirements: 
  • The new period of activity may not exceed nine months.
  • The terms of the activity must be the same as provided in the authorization, unless there has been a change of employer, in which case the call will be made by the new entrepreneur for the activity approved with the change. Where appropriate, for approval, the expected contractual concatenations must be indicated, regardless of whether they existed the previous year and of which they would have been.
  • The appeal must not contain any of the reasons for termination of the authorization. Workers who have incurred any of the following circumstances in the two years immediately preceding the filing of the application may also be excluded from the appeal:
  • The early and unjustified abandonment of the activity during the term of the contract.
  • The performance of work activities for companies or activities other than those authorized, without prejudice to the possibilities of change of employer.
  • Failure to comply with the return commitment during the validity of a previous authorization of residence and work for seasonal activities
  • The holder of the authorization has returned to the country of origin of the contract at the end of the activity period of the previous year.
  • Period of resolution and notification of the appeal: one month from the submission of the application, if the authorization does not lapse. In the resolution, the period of activity of that year and the concatenations will be indicated. After this period has elapsed without an express decision having been issued, the decision shall be deemed to be estimated. 
  • To apply for entry into Spanish territory, it will be enough to present the alien’s identity card along with the resolution on the appeal. During the validity of the authorization, it must be accompanied by the corresponding passport or document valid for entry into the national territory.

EXTENSION OF LABOUR ACTIVITY 

The period of annual work activity may be extended when the authorized persons terminate their relationship with the employer who hired them. The extension may be with the same or different employer, for the same or different geographical area, but always referring to the same occupation and sector. Successive extensions are allowed if they do not exceed nine months in the period of work activity and there is continuity between the end of the first and the beginning of the second or successive.

RENEWAL OF THE AUTHORIZATION AFTER THE END OF ITS VALIDITY 

  • Residence and work permits for seasonal activities may be renewed after the end of their validity, for equal periods of four years.
  • The renewal may be requested by the same entrepreneur or by another who must comply with the established requirements, referring to the same sector of activity, although the occupation and geographical scope may be changed.
  • The deadline for resolution of the renewal is one month, after which it will be understood to be estimated by administrative silence.
  • Within a maximum period of one month following the notification of the decision granting the temporary authorization of residence and work, the working person will request the corresponding visa before the competent Spanish Consular Office.
  • The employer must proceed to discharge in the corresponding Social Security regime within a maximum period of three days from the entry into Spain of the worker.
  • If the period of activity ends during the renewal procedure, or the extension procedure, the worker will be allowed to remain in Spain until a decision has been taken on the application, provided that it has been submitted within the period of validity of said authorization, it has not been for reasons attributable to the worker and the period of nine months of activity per calendar year has not expired.

MODIFICATION OF CIRCULAR MIGRATION PERMITS TO RESIDENCE AND WORK PERMITS 

  • Persons who have been holders of four-year multiannual residence and work permits, in accordance with the provisions of article 167.4 of the Regulations of Organic Law 4/2000, of 11 January, and provided that they maintain and comply with the requirements of these permits during the validity of these permits, including the return commitment, may apply for a two-year residence and work permit, which will enable them to work as an employed and self-employed person.
  • Term: This application must be formalized, once the return to your country of origin is made, within six months after the expiration of the validity of the authorization of residence and work.
  • Exigible documentation. 

(a) A criminal record certificate of the countries in which he or she has resided for the past five years.

b) An employment contract that guarantees at least 100% of the Interprofessional Minimum Wage in annual calculation, or when it proves that it has sufficient economic means that represent at least 100% of the amount of the guaranteed income of the Minimum Vital Income on an annual basis.

  • This authorisation may be extended for a further two years. If it meets the requirements, it can also be renewed through the procedure established in article 71 of the Regulations of Organic Law 4/2000, of January 11.

COUNTRIES WITH WHICH SPAIN HAS SIGNED AGREEMENTS ON THE REGULATION AND MANAGEMENT OF MIGRATORY FLOWS 

  • Colombia
  • Ecuador
  • Honduras
  • Guatemala
  • Morocco
  • Mauritania
  • Dominican Republic
  • Ukraine

COUNTRIES WITH WHICH SPAIN HAS SIGNED COLLABORATION INSTRUMENTS IN THIS FIELD 

  • Gambia
  • Guinea
  • Guinea-Bissau
  • Cape Verde
  • Senegal
  • Mali
  • Niger
  • Mexico
  • El Salvador
  • Philippines
  • Paraguay
  • Argentina