What your employer has to prove for a Spanish work permit

Key rules

• No debts: Your employer must be up to date with tax and Social Security, with no debts.
• Ability to pay: Your employer must show its finances can pay your salary and keep the post, and the office judges each case.
• Genuine job: The job must be real, and your employer must be able to prove it.
• New companies: A new company can sponsor you but usually needs extra proof of viability, such as a business plan and bank statements.

The short version

Your employer has to show four things: it can pay you, it owes nothing to the tax authority or Social Security, the job is real, and the contract terms are adequate. If any of these is weak, the application is at risk. The documents your employer files are listed in the checklist below.

Can your employer pay you?

Your employer must show that its activity and finances are enough to pay your salary and keep the post going. The immigration office can ask for business accounts, tax returns, the number of employees and proof of ability to pay.

There is no single fixed income threshold for companies. The office looks at each case. It often compares the employer's income with the cost of the salary offered. Ask your employer whether its income clearly covers your salary on top of its existing costs.

Is your employer up to date with tax and Social Security?

Your employer must be up to date with Hacienda (the tax authority) and Social Security, with no debts. Your employer needs to prove this. If it has unpaid tax or contributions, fix that before applying.

Is the job genuine?

The job must be real. Your employer should be able to show why the post exists and what you will do. Where the national employment situation applies, your employer must also show that it tried to fill the vacancy through the public employment service and did not manage to. It does this with that service's certificate.

Contract terms

The signed employment contract or job offer is part of the file. The salary in it is what the office measures your employer's finances against, so the terms must be realistic and match the job.

Can a new company or an individual sponsor you?

A startup, small company or new business can sponsor you if it is legally registered, current with tax and Social Security, and shows real activity and the capacity to pay. A new company usually has to give extra proof of viability. That can include a business plan, financial projections, capital, bank statements, existing contracts or funding, and proof of premises or activity. The office may be stricter with a company that has no employees or income.

Individuals and self-employed people can also hire, for example for domestic work, if their income covers the salary and household costs.

Judge your own case

Your employer can realistically sponsor you if it:

• is registered and trading, with real income
• can comfortably cover your salary
• has a genuine, documented need for the role

If a new company cannot show most of this, ask for its evidence before you plan around the job. The FAQ below covers common questions.

Documents you need

• Application form, completed by your employer and filed electronically.

• Your employer's ID: a DNI or NIE for an individual, or the company deed and tax ID plus proof of the representative's powers for a company.

• The signed employment contract or job offer.

• Proof that your employer is up to date with tax and Social Security, with no debts.

• Proof your employer can pay the salary and keep the post, such as business accounts, tax returns or the number of employees. For an individual, proof of income.

• Proof that the job is genuine.

• For a new company, extra proof of viability: a business plan, financial projections, capital, bank statements, existing contracts or funding, and proof of premises or activity.

• Where the national employment situation applies, the public employment service's certificate showing the vacancy was processed and not filled.

Frequently asked questions

Can a new company or startup sponsor a foreign worker?

Yes, a startup or new business can sponsor you if it is legally registered, up to date with tax and Social Security, and can show real activity and the means to pay your salary.

Can an individual or self-employed person hire me?

Yes, an individual or self-employed person can hire a foreign worker, for example for domestic work, if their income covers the salary. For individuals, the office compares income with household costs and the salary offered.

Is there a minimum income or turnover my employer must reach?

No, there is no single fixed threshold for companies, because the office assesses each case.