Living undocumented and building your caseArticle 5 of 7 · 4 min read
Can you work while your regularisation file is pending?
Explains when you can start working legally while your regularisation application is pending, why filing alone is not enough, and what risks you and an employer face if you start too early. For applicants under the exceptional-circumstances routes.
Key rules
- Filing: Filing your application does not allow you to work.
- Admission: You may start work only after your application is admitted for processing.
- Proof: The admission notice is what your employer uses to register you with Social Security.
- Risk: Working earlier risks fines and possible expulsion for you, and heavier fines for your employer.
Fine ranges and the details of the 2025 regulation can change, so confirm the current rules for your route with your immigration office before you start work.
You can work once your application is admitted, not when you file
Filing your application does not give you the right to work. The point that counts is the admisión a trámite: the immigration office accepts your file for processing. From that moment you hold a provisional authorisation to work, and it lasts while the file is processed. The final resolution then grants the full permit.
The exact detail can differ slightly by route. If you are unsure how this applies to yours, ask your immigration office (Oficina de Extranjería) before you start.
How to show you can work
Your proof is the notice or resolution of admission. It records your provisional authorisation to work. The immigration office or the Ministry of Inclusion's electronic system issues it, and you receive it at your electronic notification address, so check that address regularly.
Give a copy to your employer. They use it to register you with Social Security. The documents, checklist and timeline below set out the steps in order.
What happens if you work too early
Working without authorisation is a serious offence for you and a very serious one for your employer.
- For you: a fine, in the range of 501 to 10,000 euros, and possible expulsion. Expulsion is usually used in place of a fine only when there are aggravating factors.
- For your employer: a fine per worker, in the range of 10,001 to 100,000 euros, plus Social Security penalties for unregistered work. Criminal liability is possible if conditions are abusive.
- For your file: unlawful work does not give you a right to a permit, and it can lead to some applications being refused. It does not take away your labour rights, such as claiming unpaid wages.
Because of this, an employer may reasonably refuse to take you on before you have the admission notice.
Work you did before
For arraigo routes, past undeclared work can now be proved with inspection reports or court rulings. This rule applies from May 2026. If you worked without papers before, ask a lawyer or a free legal-aid service how this affects your case.
Timeline and deadlines
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File your application. Do not start work yet: filing alone does not allow it: On the day you file
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Your application is admitted for processing, which gives you a provisional authorisation to work. You can start work from this point: When you receive the admission notice
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Keep working under the provisional authorisation while the file is processed: For the duration of the process
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The final resolution grants the full permit: At the end of the process
Documents you need
- Notice or resolution of admission for processing, which records your provisional authorisation to work. The immigration office (Oficina de Extranjería) issues it, or it comes through the Ministry of Inclusion's electronic system, to your electronic notification address. Your employer relies on it before registering you with Social Security.
Checklist
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Wait for the notice that your application was admitted for processing before you start any work
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Check your electronic notification address for the admission notice or resolution
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Give your employer the admission notice so they can register you with Social Security
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Confirm with your immigration office how the start of work applies to your route if you are unsure
What to watch out for
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Fines and expulsion for you: Working without authorisation is a serious infringement. You can be fined between 501 and 10,000 euros and may face expulsion, although expulsion usually comes instead of a fine only when there are aggravating factors. It can also lead to some applications being refused and gives you no right to a permit. Do not start work until your application is admitted for processing.
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Heavy penalties for your employer: An employer who uses you without authorisation faces a very serious infringement with fines of 10,001 to 100,000 euros per worker, plus Social Security penalties. Criminal liability is possible if conditions are abusive. Only accept work once your employer holds your admission notice and can register you.
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Past undeclared work: Past undeclared work does not remove your labour rights. Under the reform in force from May 2026, it can be proved for arraigo routes by inspection reports or court rulings. If you worked without being registered, keep any inspection report or court ruling that shows it.
Frequently asked questions
Which document can I show an employer while my file is pending?
You can show the notice or resolution of admission for processing, which records your provisional authorisation to work. It arrives at your electronic notification address, so check that address regularly.
More in Living undocumented and building your case
- Proving continuous presence in Spain when you have no papers
- Getting the integration report (informe de integración) for arraigo
- Your rights and limits while living in Spain without papers
- Is it safe to apply for regularisation if you are undocumented?
- When your employer never registered you or a sponsor fails you
- Applying for regularisation after a past refusal or expulsion order
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