You have a job offer in Spain and no residence permit yet. It’s one of the most common situations we see — and also one of the most misunderstood: a lot of people start searching “how do I apply for my papers” when, in reality, you’re not the one who files the application.
Who files the application (and why it isn’t you)
If you have no prior permit and you’re hired from outside Spain, the procedure is the initial residence-and-work authorization for employed workers (form EX-03) — and your employer files it, not you. You only step in afterward, to request the visa at the consulate once it’s approved.
What your employer has to prove
- Solvency: income tax, VAT, or corporate tax filings, or the company’s Social Security work-life report, for the last 3 years.
- Being registered and up to date with Social Security.
- A contract that guarantees continuous activity for the length of the authorization.
What you have to meet
- Not being in an irregular situation inside Spain.
- No relevant criminal record over the last 5 years (in your home country or any other country you’ve lived in).
- Holding the qualification or accredited experience the role legally requires.
The obstacle that surprises people the most: the “national employment situation”
Before hiring you, your employer has to clear a filter called situación nacional de empleo (SNE) — in practice, proving the role can’t be filled by someone who already has the right to work in Spain. There are three separate ways to clear it:
- The role is on the quarterly shortage occupation list published by SEPE (the national employment service).
- The employer shows an unsuccessful recruitment effort through the Empléate portal and SEPE.
- The case fits one of the exemptions under art. 40 of the Immigration Law (agreements with specific countries, renewals, specific programs).
The timeline after approval
The application is submitted at the Spanish Consulate in your country of residence — it can’t be started once you’re already in Spain. Once approved, you have 1 month to request the visa, 3 months of visa validity to enter Spain, 3 months from entry to register with Social Security, and 1 more month to request the TIE.
The legal resolution deadline is 3 months. Unlike other procedures covered on this blog, here administrative silence past that deadline means denial, not approval.
Three fees, three moments, two different payers
The processing fee (052, €10.94) and the card fee (012, €16.08) are paid by you. The work-authorization fee (062) is paid by your employer, and its amount depends on the contract’s gross salary: €203.84 if it’s below twice the minimum wage, or €407.71 if it matches or exceeds it. Spain’s 2026 minimum wage is €1,221 a month over 14 payments (Real Decreto 126/2026), so the relevant threshold is €2,442 gross a month.
What if you’re already in Spain without papers?
This specific authorization isn’t for you: it can’t be started once you’re already inside Spanish territory. If you’ve been here a while without a permit, what likely fits is arraigo — we cover its five types in another post on this blog, including the employment-based type, built exactly for someone who already has a job offer but is already inside Spain.
Verified directly against Hoja 12 from the Ministerio de Inclusión, Seguridad Social y Migraciones (inclusion.gob.es) and against the 790 fee schedule (headings 2.1.1, 2.1.2, 2.1.3 and 3.1) at sede.administracionespublicas.gob.es. 2026 minimum wage figure confirmed against the text of Real Decreto 126/2026 published in the BOE.