Sheet 12 - Initial Authorization of Temporary Residence and Employment

* 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
  • Compatibility
  • Requirements
  • Exigible documentation
  • Procedure

TYPE OF AUTHORISATION 

It is an authorization of temporary residence and paid employment that an employer or entrepreneur requests for the hiring of a foreign worker over 16 years of age for a period of more than ninety days and less than five years.  

BASIC REGULATIONS 

  • Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 36, 38 and 40).
  • 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 72 to 79)

COMPATIBILITY 

The initial authorization of temporary residence and paid employment shall also be authorized for the exercise of an activity on its own account during its validity, provided that the main activity is the activity on behalf of others, unless it has been superventiously extinguished for reasons beyond the will of the foreign person, a circumstance that must be communicated to the Aliens Office that has granted the authorization within three days.

REQUIREMENTS 

  • 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 citizens of these countries to which the regime of citizen of the Union applies.
  • Not to be found irregularly in Spanish territory.
  • Lack of criminal record 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.
  • It is not 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. 
  • Pay the fee for the processing of the procedure.
  • That the national employment situation allows recruitment. It allows it if:  
  • The occupation that the worker is going to carry out in the company is included in the catalogue of occupations of difficult coverage that the State Public Employment Service publishes quarterly.
  • In occupations not classified as difficult to cover when the employer accredits before the Aliens Office the difficulty of filling vacant jobs with workers already incorporated in the internal labor market. To this end, the Aliens Office will take into consideration the report submitted by the Public Employment Services, as well as the urgency of the recruitment accredited by the company. To do this, a job offer must be presented on the Empléate portal and the Public Employment Services.
  • The authorization is intended for nationals of States with which Spain has signed international agreements (Chile and Peru).
  • They can prove the concurrence of a case included in article 40 of Organic Law 4/2000.
  • Submit a contract signed by the employer and worker that guarantees the worker a continuous activity during the period of validity of the authorization to reside and work. The date must be conditional on the moment of effectiveness of the authorization of residence and employment for others.
  • The conditions set in the contract of employment must be adjusted to those established by the current regulations. If the contract is part-time, the remuneration must be equal to or greater than the minimum interprofessional salary for a full day and in annual computation.
  • The requesting employer must be registered in the Social Security system and be aware of the fulfillment of their tax and social security obligations.
  • The employer must have sufficient financial means, material or personal for his business project and to meet the obligations assumed in the contract against the worker.  

If the employer is a natural person, he must prove, once the payment of the agreed salary has been deducted, 50% of the SMI if there are no dependants.

If the family unit includes two members, 100% of the SMI. If the family unit includes more than two people, 25% of the SMI for each additional member must be added to the previous amount.  

  • Possess the training and, where appropriate, the professional qualification legally required for the exercise of the profession, where appropriate duly approved.

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. 

Documentation related to the worker: 

  • Full copy of the passport or travel document in force.
  • Copy of the documentation that proves to have the training and, where appropriate, the professional qualification legally required for the exercise of the profession, where appropriate duly approved.

Documentation related to the company, except domestic service: 

  • Documentation that identifies 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.
  • Documentation that proves that the company can guarantee the necessary solvency, through: copy of the IRPF declaration, or VAT, or Corporate Tax or the report of the working life of the company (VILE), referred to the last three years. Likewise, a descriptive memory of the occupation to be carried out must be provided.

Documentation from the employer if the activity is domestic service: 

  • Copy of the employer’s NIF or NIE or consent to verify identity data through the Identity and Residence Data Verification System.
  • Copy of the latest income tax return or certification of income issued by the Tax Administration or other documentation that proves sufficient solvency for the contract.  

Documentation related to the employment relationship 

  • Copy of the employment contract, in an established official model.
  • Documentation certifying that there is any case of non-consideration of the national employment situation. (See information sheet with the assumptions and the precise documentation).

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 

  • Legitimated subject to submit the application: the employer or entrepreneur, personally, or through a legitimated subject who has corporate legal representation attributed to him.  

Information sheet on legitimated subjects. 

  • Place of presentation:  

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

  • Corresponding rates of residence and work: they will accrue at the time of submission of the application, and must be paid within ten working days:
  • Model 790 code 052, section 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.  
  • Model 790 code 062, heading 3.2.1. “Work authorization for initial authorizations of temporary work residence for employed persons”, if the work authorization has a duration equal to or greater than six months: to be paid by the employer. 

The subscription form can be downloaded from this page.  

  • Deadline for the resolution of the application: three months from the day following the date on which it entered the register of the competent body for processing. Once this period has elapsed without the Administration having made the notification, 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). 
  • In the case of a concession, the worker has one month from the notification to the employer, to personally apply for the visa, at the Diplomatic Mission or Consular Office in whose demarcation he resides. The visa application must be accompanied by:  
  • 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 where you have resided for the last five years.
  • Medical certificate.
  • Proof of having paid the fee for the visa.
  • The Diplomatic Mission will resolve the request within one month.
  • Notified, if applicable, of the granting of the visa, the worker must collect it personally within one month from the date of notification. If the collection is not carried out within the aforementioned period, it will be understood that it has resigned and the file will be archived.
  • The worker must enter Spain during the three months of validity of the visa, which entitles him/her to enter and stay in Spain in a situation of stay until his/her affiliation and discharge in the corresponding Social Security regime, within three months from the entry.
  • Within one month of the worker registering for 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.

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