Discover the two main legal pathways for hiring foreign workers in Spain: the general regime and the highly qualified professional route. Explained by immigration law experts at Visal Immigration Lawyers.

In an increasingly globalized business world, many Spanish companies are eager to incorporate international talent into their teams. However, hiring non-EU foreign workers requires compliance with specific legal procedures. In this article, prepared by Visal Immigration Lawyers, we explain the two primary legal pathways available in Spain: the general regime and the authorization for highly qualified professionals.

In an increasingly global labor market, many Spanish companies seek to hire international talent. However, hiring foreign workers in Spain requires compliance with specific immigration regulations. Skipping these steps is not an option: the law considers hiring a foreigner without proper authorization a serious offense, punishable with fines ranging from €10,000 to €100,000. Therefore, it is essential to understand the legal pathways available to bring foreign workers on board safely and legally.

This article, written with the rigor of an immigration lawyer but in clear and accessible language, outlines the two main ways to hire non-EU foreign workers: the General Regime (including the requirement to pass the "national employment situation" test) and the permit for highly qualified professionals (either via the EU Blue Card or the equivalent national permit under Law 14/2013). We will detail the requirements of each option, the step-by-step procedures, estimated processing times, and other important legal considerations (NIE, municipal registration, renewals, etc.). We will also clarify the employer's obligations throughout the process and explain how an immigration law firm can assist at every stage.

What is the goal? That your company can hire foreign workers with full legal guarantees, taking advantage of the available legal pathways and avoiding risks or sanctions. Read on for this complete and updated guide for 2025 and discover how to attract global talent to your business while complying with Spanish law.

Hiring under the General Regime: Requirements and Procedure

The General Regime is the standard route for hiring foreign workers who are not citizens of the EU, EEA, or Switzerland (nor their direct relatives). This category refers to the temporary residence and work permit for employment, which is requested by the employer to hire a foreign professional residing outside Spain. Below, we explain the key requirements and the application process:

Key Requirements of the General Regime

Both the employer and the foreign worker must meet certain conditions to obtain this permit:

• National employment situation: In general, hiring is only authorized if there are no available candidates in Spain or the EU for that position. This requires a certificate from the Public Employment Service (SEPE) confirming the lack of suitable workers. In practice, companies may only hire non-EU nationals for jobs listed in the Catalogue of Difficult-to-Fill Occupations. This list, updated quarterly, includes job profiles in shortage in the Spanish labor market. If the job offer is not listed, the application will be denied unless one of the exceptions applies (such as trust positions, humanitarian reasons, family ties, etc.). Therefore, meeting the national employment situation requirement is the first major hurdle of the General Regime.
• Employment contract and working conditions: The company must submit a signed employment contract between both parties. This contract does not become effective until the permit is granted, but it demonstrates a firm job offer. The working conditions (salary, schedule, category) must comply with Spanish labor law and the relevant collective agreement and must never fall below the Minimum Interprofessional Wage (SMI). Even for part-time contracts, the annualized remuneration must reach at least the equivalent of the full-time SMI. The contract must also guarantee job continuity during the initial authorization period. By law, the minimum contract duration is three months and the maximum is five years, although the initial permit will typically be granted for up to one year (renewable).
• Employer requirements: The company must be up to date with its obligations to the Spanish Tax Agency and Social Security and must be properly registered as an employer. It must also demonstrate sufficient financial means to meet the obligations of the employment contract (i.e., prove it can pay the worker’s salary). In some cases, the employer must also prove qualifications or licenses if the position is regulated (e.g., offering an engineer position will require the candidate to hold a valid degree and the company to be legally authorized in the sector).
• Worker requirements: The candidate must have no criminal record in Spain or their previous countries of residence, must not be in an irregular situation in Spain, and must not be banned from entering the country. The minimum age to work is 16 years. Importantly, the worker must not be a citizen of the EU or a family member of one (as these do not require a work permit). They must hold a valid passport and meet the professional qualifications required for the position (education, experience, etc.).

Application Procedure

If all requirements are met, the company may start the process. These are the main steps:

1. Submission of the application: The employer (or its legal representative) submits the residence and work permit application to the Immigration Office of the province where the job will be carried out. The application must include the signed contract and all supporting documents (certificate regarding the national employment situation or a reference to the job in the Catalogue, proof of the company’s financial standing, the worker’s passport, criminal record certificates, etc.). Preparing a complete application is key to avoiding delays. Since the reform of November 2024, this process has been streamlined in many regions and can often be submitted electronically.

2. Resolution by the Immigration Office: Once submitted, the application is reviewed. Under recent regulations, the Immigration Office must issue a decision within one month. Previously, the deadline was up to three months, but with Royal Decree 1155/2024, this has been reduced. However, actual processing times may vary depending on the workload of each office. If no decision is made within the legal timeframe, the application is considered rejected by administrative silence (although most cases receive a formal response).

If approved: The authorization is granted and the company is notified. However, the permit becomes effective only after the foreign worker obtains their visa and is registered with Social Security. With the approval notice in hand, the worker must apply for their visa at the Spanish consulate in their home country.

If denied: If the application is rejected (e.g., for failing to meet the national employment situation or due to insufficient documentation), the company may file an appeal or try to address the reasons for denial. However, when the issue is the national employment situation, reversals are difficult unless the job clearly falls under the Catalogue or an exception applies. Hence, when possible, it is advisable to explore the highly qualified route to avoid this barrier.

3. Visa application at the consulate: With the authorization granted, the worker must go to the Spanish consulate in their country to request the residence and work visa. They have one month from the date of notification to start this step. The consulate will review the documents (including the approval notice) and, if all is in order, will issue an entry visa. Processing times vary, but the visa is typically ready in 1 to 3 weeks. Once issued, the worker may travel to Spain.

4. Entry into Spain and Social Security registration: The foreign worker must enter Spain using the visa (which is normally valid for 90 days). Upon arrival, the employer is obliged to register the worker with Social Security within 3 days. This is crucial: the work permit only becomes fully effective after the Social Security registration is completed. If the worker fails to show up, the permit may become void. Once registered, the worker may begin employment legally.

5. Obtaining the TIE (Foreigner Identity Card): Within the first month in Spain, the worker must visit the police station to apply for their TIE, which is the physical identity card for foreigners. This card includes their NIE, photo, and information about their work and residence permit. The worker will need their passport, the approval notice, visa, and proof of Social Security registration, among other documents. The card is usually ready in a few weeks and must be collected in person. Until then, the receipt of application, together with the visa and resolution, serve as proof of legal status.

Validity and Renewal

The initial authorization under the General Regime is typically granted for up to one year (or less if the contract is for a shorter duration). Before it expires, a renewal can be requested. The first renewal generally grants a 2-year work and residence permit. To renew, the worker must have fulfilled the conditions of their employment: generally, they must have contributed to Social Security for at least 6 months in the past year (or 3 months if they were registered as a job seeker after involuntary termination). A new contract in the same sector may also allow for renewal. After the second 2-year renewal, once the worker has accumulated 5 years of legal residence, they may apply for long-term residence (a permanent permit).

It is important to note that during the first year, the worker is tied to the employer, job, and province specified in the initial permit. They cannot freely change employers during this time without modifying their authorization. After the first renewal, restrictions tend to loosen, and workers may take similar roles across Spain. However, the initial employer should be aware of this commitment. If the worker leaves prematurely and no replacement offer is submitted, the permit may be at risk.

Estimated Timeframe

From start to finish, companies should expect a timeline of 2 to 4 months from submission to the worker’s actual start date. Approximately one month for the Immigration Office resolution, one month for the visa (depending on the consulate), and a few days for Social Security registration and the TIE in Spain. Advance planning is crucial; employers should not onboard the worker before obtaining the full authorization and visa, as doing so would be illegal and risky.

The General Regime is a structured and rigorous process aimed at balancing business needs with labor market protections. When the candidate’s profile allows it, there is a faster and more flexible alternative: the permit for highly qualified professionals, which we explain in the following section.

Permit for Highly Qualified Professionals: EU Blue Card and National Authorization

For executive or high-skilled profiles, Spanish immigration law offers a special route with significant advantages over the General Regime. This concerns the hiring of highly qualified professionals, which in Spain can follow two equivalent paths: the EU Blue Card (a European-wide permit) or the national authorization under Law 14/2013. Both procedures share similar requirements and are designed to attract international high-level talent by speeding up the process and waiving the national employment situation test.

Who Can Apply for This Type of Permit?

Generally, positions requiring a university degree or highly qualified professional experience, combined with high salaries, are eligible. Typical candidates include executives, managers, engineers, scientists, IT professionals, and anyone classified under levels 1 and 2 of the National Classification of Occupations. The hiring company is also taken into account—it is often medium to large firms, tech startups, or entities needing highly specialized international talent.

Specific Requirements (Education and Salary)

To prove high qualification, the worker must usually have a university degree or, alternatively, several years of professional experience at an equivalent level. The job offer must include an above-average salary. For the EU Blue Card, Spain sets a minimum salary threshold—around €40,000 gross per year in 2025 (approximately 1.5 times the average wage). In some cases, this threshold may be reduced by 20–25%, such as for younger candidates under 30 or roles in high-demand sectors. For top executive positions, the threshold rises (around €54,000 in 2025).

Under the national authorization of Law 14/2013, there is no fixed salary defined in the law, but similar standards are applied. Authorities expect a salary in line with the candidate’s qualifications—offering only €25,000 per year would typically not be accepted for a "highly qualified" profile. In summary, the job offer must be full-time and financially attractive.

Advantages Over the General Regime

• No national employment situation requirement: Neither the EU Blue Card nor the national permit requires proof that the job is listed in the Catalogue of Difficult-to-Fill Occupations. There’s no labor market filter, allowing the company to directly hire the desired foreign candidate.

• Faster processing: For national permits under Law 14/2013, the application is submitted to the Large Companies and Strategic Groups Unit (UGE), usually online by the employer. This unit processes applications within 20 business days. If no resolution is issued within that time, the application is automatically approved by positive silence—unlike the general regime. EU Blue Card applications can also be processed quickly, depending on whether they go through the UGE or Immigration Office.

• Longer initial duration and flexibility: The EU Blue Card is generally granted for an initial period of two years, which is longer than the one-year authorization of the general regime. The national permit also allows up to 2 years initially or for the duration of the contract if indefinite. These permits are not restricted to a specific region of Spain and can allow employment changes under certain conditions.

• Family reunification: Family members (spouse and children) can apply for their residence permits at the same time as the principal applicant—no need to wait a full year as under the general regime.

• International mobility: The EU Blue Card allows movement across the EU. After 12 months of residence in Spain, the cardholder can move to another EU country to work (with a new Blue Card) through a simplified procedure. It also permits short stays in Schengen countries (up to 90 days) without needing additional visas.

Application Procedure Summary

The process for obtaining a Blue Card or national permit is straightforward:

1. The company gathers documentation proving eligibility (university degree, CV, job contract of at least one year, etc.) and submits the application to the UGE or relevant Immigration Office.

2. Unlike the General Regime, it does not matter if the foreigner is already in Spain with legal status (as a tourist, student, or business visitor), as long as they are legally present.

3. A decision is typically issued in 2 to 3 weeks. If the worker is abroad, they go to the Spanish consulate to request a visa based on the approved authorization.

4. If the foreigner is already in Spain, they may not need to leave to collect the visa (e.g., with a valid student stay longer than 3 months).

5. Once in Spain, the company must register the worker with Social Security, and the worker must apply for their TIE. The card will specify "Highly Qualified Professional" or "EU Blue Card," as applicable.

In conclusion, hiring a highly qualified foreign professional is faster and faces fewer administrative barriers. In return, the company must offer a well-compensated, skilled position. For tech companies, multinationals, or firms needing a specific international profile, this route is ideal. It also enhances the company’s image as one that attracts top global talent.

EU Blue Card vs. National Permit: Which to Choose?

Both options are similar. Spain implemented the EU directive and also created its own scheme under Law 14/2013. The national permit is widely used by companies because the centralized UGE provides specialized and efficient service. The EU Blue Card is better known internationally and useful for candidates who value EU mobility. Both avoid the national employment situation requirement. An immigration lawyer can help determine which path best fits the candidate and employer, but both are effective ways to streamline the hiring of foreign talent.

Employer Obligations When Hiring Foreign Workers

The employer plays an active and legally responsible role throughout the process of hiring foreign workers. Beyond offering a valid contract, appropriate salary, and demonstrating financial solvency, the employer must also comply with the following legal obligations:

• Apply for prior work authorization: If the foreign worker does not yet have a residence and work permit, it is the employer’s responsibility to apply for and obtain this authorization before the worker starts. Submitting and following up on this application is a legal obligation. Hiring someone without the proper documentation can result in serious sanctions.

• Verify the legal status of the worker: If the candidate is already in Spain, the employer must ensure their current status allows them to work. For example, students are only allowed to work under specific conditions, and some permits are linked to specific employers or roles. EU citizens must be registered as residents with a valid NIE. The HR department must verify the worker's authorization before hiring.

• Comply with the employment contract terms: Once the permit is granted, the company must adhere strictly to the job role, salary, and working hours listed in the submitted contract. Any significant changes may require prior approval. Additionally, employers must comply with all labor laws: register the worker from day one, contribute to Social Security, pay agreed wages on time, and apply the collective agreement correctly.

• Social Security registration and reporting: Registering the employee with Social Security is mandatory. The company must also report terminations. If the registration is not completed within the established time, the work authorization may become void.

• Maintain documentation and collaborate with authorities: The employer must retain a copy of the worker’s permit, NIE/TIE, and passport. This documentation may be requested during labor inspections. The employer must also assist the worker in obtaining or renewing documentation when necessary and inform authorities of any major changes (such as relocation or corporate changes).

• Cover all administrative costs: By law, all fees and administrative costs related to the application must be covered by the employer. Charging these expenses to the worker is illegal. The employer is responsible for legal fees, government fees, and, in some cases, the cost of travel.

How Can an Immigration Law Firm Help?

Navigating immigration procedures can be complex, especially if it’s your company’s first time hiring a foreign worker. An immigration law firm like Visal Immigration Lawyers can provide invaluable support by:

• Providing tailored legal advice: Evaluating the specific circumstances of the employer and candidate and advising on the most appropriate legal path.

• Preparing solid applications: Collecting, reviewing, and organizing all necessary documents and submitting them digitally to the competent authority.

• Handling administrative follow-ups: Monitoring application progress, responding to requests for additional documentation, and addressing delays or administrative silence.

• Coordinating with the worker and employer: Assisting both parties throughout the entire process, from consular appointments to TIE application and Social Security registration.

• Managing appeals and future renewals: If the initial application is denied, an immigration lawyer can file an appeal. The firm can also handle renewals, family reunification procedures, and employer changes, ensuring compliance over time.

In short, partnering with an experienced immigration law firm provides peace of mind, efficiency, and legal certainty. While the company focuses on integrating new talent, the law firm ensures all paperwork and procedures run smoothly.

Contact Us: Visal Immigration Lawyers

Are you considering hiring a foreign worker but don’t know where to start? Visal Immigration Lawyers can help. We are a specialized immigration law firm with extensive experience assisting Spanish companies in hiring international talent. We guide you through every step of the process—from the initial consultation to the final hiring.

Call us at +34 618 702 253 or visit www.visalimmigration.com for an initial consultation. Discover how our team of immigration experts can streamline your hiring process quickly, safely, and effectively.

Frequently Asked Questions

1. What are the requirements for a Spanish company to hire a foreign worker?
The company must ensure the candidate has an appropriate residence and work permit. If not, the employer must apply for it, ensuring compliance with salary, contract, and legal requirements. The worker must have no criminal record and meet the job’s qualifications.

2. What is the "national employment situation" and how does it affect hiring?
This is a legal filter to protect the local job market. Generally, a foreign worker can only be hired if no suitable candidates exist in Spain or the EU. The job must appear in the Catalogue of Difficult-to-Fill Occupations or qualify for an exception.

3. How long does it take to obtain a work permit?
Depending on the path and location, the full process may take 2 to 4 months. General Regime applications take around one month to resolve, followed by visa processing and final steps. Highly qualified applications may be resolved in just 20 business days.

4. What’s the difference between the EU Blue Card and a General Regime work permit?
The EU Blue Card is for highly qualified professionals and offers advantages like faster processing, longer validity, and EU mobility. The General Regime applies to most jobs but requires passing the national employment situation test and offers an initial one-year permit.

5. What obligations does the company have after hiring a foreign worker?
The company must fully comply with labor laws, maintain the worker’s permit, help with renewals, and support legal procedures like TIE applications. Any change or termination must be properly reported to avoid legal issues.

For more information on how to hire a foreign worker in Spain, contact us via WhatsApp at +34 618 702 253, email info@visalimmigration.com, or visit www.visalimmigration.com.

At Visal Immigration Lawyers, we’ll be happy to help you.