How does Spain treat foreign workers under its immigration law?
Foreign nationals who are legally employed in Spain are entitled to the same employment rights as Spanish citizens. Their rights are protected under Organic Law 8/2000, which governs the rights, obligations, and social integration of foreign nationals living in Spain. This includes rights related to employment, social services, health care, and non-discrimination in the workplace. Legal foreign workers are fully covered by Spanish labor protections and cannot be treated less favorably than Spanish nationals.
Do non‑EU nationals need a visa and work permit to work in Spain?
Yes, non‑EU (non‑EEA) nationals must obtain both a work permit and a work-residence visa before they can engage in any paid employment in Spain. Without these authorisations, they are not legally allowed to work. These requirements ensure that non‑EU nationals are formally registered and contribute to social security while complying with Spanish immigration law.
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What is the process for employers to hire a non‑EU worker in Spain?
Employers must follow a multi-step process to hire non-EU workers:
- The employer submits a request for work authorisation to the relevant immigration office on behalf of the candidate. This request includes the employment contract, justification of the role, and evidence that the candidate meets the job requirements.
- Once the work authorisation is approved, the candidate applies for a work-residence visa at the Spanish consulate or embassy in their home country.
- After obtaining the visa, the worker travels to Spain, where they must register with local authorities and obtain a Foreigner Identity Card (TIE).
This process ensures that both the employer and the employee comply with Spanish labor and immigration laws before employment begins.
Can citizens from the EU or EEA work in Spain without a visa?
Yes. Citizens from EU member states, the EEA, and Switzerland are allowed to live and work in Spain without a separate visa or work permit. This is due to the EU freedom-of-movement laws, which grant EU/EEA/Swiss nationals the right to enter Spain, reside, and be employed under the same conditions as Spanish citizens. They do not need prior authorisation from Spanish immigration authorities.
What restrictions apply if a foreign worker’s visa or permit expires in Spain?
If a non‑EU worker’s visa or work permit expires and is not renewed on time, they must immediately stop working and either apply for renewal or leave Spain. Continuing to work without valid authorisation is considered illegal and can result in fines, penalties, or deportation. Authorities may also bar the individual from returning to Spain for a certain period.
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Can a foreign worker in Spain change employer, and what must be done to stay compliant?
Foreign workers are allowed to change employers, but compliance with immigration laws is required. The new employer must update the work authorisation to reflect the new employment contract. This update must be submitted to Spanish immigration authorities before the worker starts employment with the new employer. Without updating the authorisation, the worker could be considered in violation of their visa conditions.
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Do foreign workers in Spain have access to the same worker protections as Spanish nationals?
Yes. Foreign workers who are legally employed in Spain enjoy the same employment rights as Spanish citizens. This includes protections against discrimination, entitlement to minimum wage, regulation of working hours, access to paid leave, and contributions to the social security system. These protections ensure that foreign nationals are treated equally in the workplace.
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What should employers in Spain verify before employing a foreign national?
Before hiring a foreign worker, employers must:
- Verify that the worker has valid work authorisation (work permit and visa if non-EU).
- Register the employee with Spanish social security to ensure access to health care, pensions, and other benefits.
- Ensure that the employment contract complies with Spanish labor laws, including minimum wage, working hours, and other labor standards.
- Keep records of all immigration and employment documents for inspection by authorities.
These steps help avoid legal issues and ensure the employment is fully compliant with Spanish law.
