Normally, under the general immigration law and its implementation rules, a labor market test must be completed before a work permit may be granted. Permits processed under the Law for Entrepreneurs do not require the labor market test. This is the reason it is important to first assess if there is a permit category under this Law for Entrepreneurs that could be a good fit for the given case. Also permits under the Law for Entrepreneurs may be processed while the given individual is already in Spain in a legal capacity and this will simplify the process. However, work is only authorized once the work/residence permit application has been approved.

The intracompany transfer permit (ICT permit) is available to employees transferring temporarily to Spain from a related company outside the EU.

There are two types of ICT permits, the national and the EU ICT permit (applicable to managers, specialists or employees in training programs). The latter provides mobility benefits to its holder that may work on this type of permit short term in other EU countries meeting employment and social security requirements.

This type of permit applies to both company employees and independent contractors. It can be granted for the duration of the assignment up to a maximum duration of three years and may be extended/obtained for an additional two years depending on the type of permit processed and the given circumstances of the case. However, in practice, social security conventions/agreements between Spain and other countries will establish the maximum period the employee may remain in Spain under this type of permit (e.g., the convention on social security between Spain and the US establishes a maximum five-year period but other conventions, e.g. Spain/Mexico establish a maximum of four years ). In situations where countries do not have a treaty on social security with Spain, the current limitation as to the full duration of the EU ICT permit is three years. The following conditions, among others, must be met:

• The employee's length of service in a company of the multinational group must be at least three months prior to the assignment to Spain, and they must have a university or postgraduate degree or, alternatively, at least three years general work experience equivalent to such degree in the same field of activity/position.
• During the employee's temporary transfer/assignment, their employment or service agreement relationship (payroll and social security payments) must be maintained in the transferring country, if possible by virtue of the mentioned conventions/agreements between the given country and Spain.

There are two different types of work and residence authorizations for highly qualified professionals:

• EU Blue Card
• National work and residence authorization for highly qualified professionals

In both cases, the initial permit is valid for up to three years and can be extended for an additional two years each time. After five years of legal residence, the employee may be eligible to apply for permanent residence.

To qualify for a highly skilled professional work permit, minimum salary requirements must be met.

There are two types of highly skilled professional permits:

A)  The EU Blue card. In this case the level of education required is equivalent to a bachelor's degree (higher education of at least three years duration) or five years of professional, equivalent experience (three years within the last seven for the IT sector). EU Blue Card holders may work on their Spanish permit short term in other EU member states meeting the relevant employment and social security requirements.

B)  The national highly skilled professional permit. For a national work/residence permit for highly qualified professionals, the level of education required is a higher education diploma or a higher-level professional degree, or three years of equivalent professional experience.

Family members can obtain residence permits as dependents with these types of permits. The spouse is authorized to work under the family residence permit.

EU/EEA or Swiss (jointly referred to as EU citizens) citizens have the right to freedom of movement throughout EU member states, such as Spain. Under certain circumstances, this right to work is extensive to their non-EU national spouse, partner or family members. Those who would like to work or reside in Spain for more than 90 days must register as residents in the Central Registry of Foreign Nationals, for which it will be required to prove the availability of sufficient financial means to support the applicant and accompanying family members, as well as health assistance insurance covering all risks in Spain.

The EEA agreement also allows nationals of Iceland, Liechtenstein and Norway to enjoy the same treatment and rights provided by the general immigration law applicable to EU citizens.

Finally, the international treaty existing between Switzerland and the EU also allows Swiss nationals to enjoy the same immigration rights as EU citizens in Spain.

Long-term (permanent) resident permits are a viable option for those who have held legal resident or immigrant status for more than five years. As a rule, absences from Spanish territory should not exceed 10 or 12 months, depending on specific circumstances, in the five-year period immediately preceding the long-term resident permit application.

In Spain, there are two types of long-term resident permits:

• The ordinary long-term resident permit that does not provide mobility benefits within the EU
• The EU long-term resident permit that does provide these benefits

The EU long-term resident permit may be processed by those who have been legal residents for five years (either in Spain or other EU countries under an EU Blue Card) of which the last two years should have been in Spain. There are also income requirements, which include that the employee must have a salary of at least 150% of the IPREM (the Public Indicator of Multiple Effects Income, approved yearly by the government, which is listed as EUR 8,400 gross yearly for 2024). The IPREM amount increases by 50% for each additional family member. The employee should also prove that they have medical coverage in Spain. As previously mentioned, the EU long-term resident permit provides mobility benefits to its holder in the sense that long-term resident status may be acquired in other EU countries following a very simplified procedure. In addition, the holder of an EU long-term resident permit issued in another EU country may acquire long-term resident status in Spain if the conditions are met. A labor market test for those who intend to work as employees in Spain is not required.

The rules of implementation of the general immigration law were recently amended and introduced a new type of immigration category for family members of Spanish citizens that no longer fall under EU regulations for immigration purposes. This new residence permit for family members of Spanish citizens has characteristics similar to the EU regime but is not totally equivalent. The new residence permit allows non-EU citizens with a direct link or family tie to a Spanish citizen to live and work legally in Spain for five years but once the formal application has been submitted and has been admitted to processing by the given Spanish immigration office. They would have the right to work but only once the residence permit application is underway.

Family members of non-EU citizens (spouses, de facto couples, children under 18 years of age or other dependents, where justified reasons for residing in Spain can be provided) may obtain a residence permit that authorizes those of legal age to work in Spain in the following circumstances:

• Via the Law for Entrepreneurs: The spouse or partner (ideally, registered as such), and children under 18 years old (or over that age who are financially dependent and have not formed a family unit of their own) may apply for a residence permit simultaneously or successively to the work permit application.
• Via family reunion: The foreign employee who has applied to renew the residence permit may apply for the family's residence authorizations at the government delegation or sub-delegation with jurisdiction over the residence in Spain. If the residence authorizations are approved, family members will have 30 days to submit their residence visa applications at the Spanish Consulate located in their country of origin or country of legal residence. Once the visas have been issued on the applicants' passports, they may travel to Spain and apply for their foreigners' ID cards.
• Via ordinary non-lucrative residence authorizations: Family members may submit these types of visa applications provided that independent financial means and health coverage is provided. This type of visa application will not be linked to the employee’s residence permit. The estimated timescale for processing this type of residence permit application has recently improved due to the current electronic processing. This option is hardly used as top management employees would normally use a category under the Law for Entrepreneurs.

Of all three cases, only if the family members obtain their residence permits via the Law for Entrepreneurs or via family reunion would they be able to work in Spain directly without having to additionally obtain a work permit. However, family members that are not authorized to work may process work permits at a later stage if they are offered a position by a company established in Spain. Depending on the circumstances, a labor market test may be required.