When your employer never registered you or a sponsor fails you

Terms used

• Alta — The alta is your registration with Social Security, which your employer must complete when you start work.
• Inspección de Trabajo — The Inspección de Trabajo is the labour inspectorate, which investigates employers and issues reports on unregistered or unpaid work.
• SMAC — The SMAC is the office where you must try conciliation with your employer before a labour court claim.
• Juzgado de lo Social — The Juzgado de lo Social is the labour court that hears wage and employment claims.
• Arraigo — Arraigo is a residence route based on ties to Spain, such as past work or time living there.

Key rules

• Your rights: Your employer's failure does not cancel your right to unpaid wages and benefits, even without a work permit.
• Claim deadline: You have one year to file a labour court claim for unpaid wages, after first trying conciliation.
• Best proof: A Labour Inspection report or labour court ruling is the strongest proof of your work and your employer's breach.
• Expulsion: Filing a claim does not by itself lead to expulsion.

Your employer's failure is not your fault in law

If your employer never registered you or stopped paying contributions, you keep your labour rights. The failure can also work as evidence for your immigration status, as long as you can prove it. Your job now is to collect proof and use the right complaint route.

What your employer should have done

For a sponsored permit, your employer must:

• hire you on the role, wage and hours authorised for your permit;
• register you with Social Security (the "alta") after you get your permit or visa and enter Spain;
• keep paying contributions for as long as you work;
• tell Social Security and the immigration office about changes or the end of the job;
• give you your contract, payslips and the certificates you need for renewal.

Exact deadlines and notices vary by permit type. Ask the immigration office what applies to yours.

What happens if they fail

• Your employer faces sanctions.
• You may struggle to prove your job for a first permit or a renewal, because contributions are what the immigration office checks.
• You are protected where it is not your fault. You can renew by showing active employment, or by proving your employer's breach with a Labour Inspection report or a labour court ruling.
• Social Security can be asked to pay your benefits even if your employer never paid in. This is called automatic coverage (alta de pleno derecho).
• Whether it works depends on the immigration office's view of your case. A lawyer or trade union can help you present it.

If you worked without a permit or without being registered

You still have rights. Having no work authorisation does not cancel your claim to unpaid wages, Social Security benefits and other claims. Making a claim does not by itself lead to expulsion.

How to claim

1. Collect proof. Messages, bank transfers, photos and the names of witnesses all count.
2. Complain to the Inspección de Trabajo if you were not registered or not paid properly. Its report is strong evidence.
3. Try conciliation first. Go to SMAC or your region's equivalent.
4. File your wage claim at the labour court (Juzgado de lo Social). You have one year to file a labour court claim for unpaid wages, after first trying conciliation.
5. Ask for the report or ruling in writing. You will need it to prove your employer's breach.

The letter template below can help you ask a former employer for proof of work.

Using it for your status

You have two main options:

• Change employer or route. Ask the immigration office whether you can move to a new employer, or use another route such as arraigo.
• Arraigo laboral. This route needs proof of past work. The minimum is six months of work in the earlier period, after two years of residence. The strongest proof is a labour court ruling or an Inspección de Trabajo report. Payslips, bank transfers, contracts and employer letters count only as weaker supporting evidence.

Check the current evidence rules with the immigration office before you apply.

The timeline, documents, checklist and warnings below give the detail for each step.

Timeline and deadlines

• Your employer registers you with Social Security (alta): generally within three months of your entry or permit start

• Your employer keeps paying contributions: throughout your employment

• Your employer notifies Social Security and the immigration office of changes or termination: whenever your job conditions change or the job ends

• Your contributions must be up to date for your renewal: when you renew your permit

• Try conciliation, then file your wage claim at the labour court: within one year

• Apply for arraigo laboral, supported by a court ruling or inspection report: after two years of residence, with at least six months of past work

Documents you need

• Your employment contract, issued by your employer, matching the role, wage and hours authorised for your permit.

• Payslips from your employer for the period you worked.

• Certificates from your employer that you need for your renewal.

• A Labour Inspection report (Inspección de Trabajo) confirming that you worked for the employer, if your employer never registered you or paid contributions.

• A labour court ruling confirming the work relationship, as an alternative to the inspection report.

• Bank transfers, messages, photos and a letter from your employer showing the work you did. These count as supporting evidence only.

Checklist

• Ask your employer for your contract, payslips and the certificates you need for renewal.

• Confirm with Social Security that your employer registered you and is paying contributions.

• Keep messages, bank transfers, photos and the names of witnesses that show you worked and were paid.

• File a complaint with the Labour Inspection (Inspección de Trabajo) if your employer did not register you or pay contributions.

• Try conciliation (SMAC or your region's equivalent) before you take a wage claim to the labour court.

• Ask for the inspection report or court ruling in writing, so you can prove your employer's breach at renewal.

What to watch out for

• You may not be able to prove your job: If your employer does not register you or pay contributions, you may be unable to prove employment for your permit or renewal. Ask for a Labour Inspection report or a court ruling that confirms your employer's breach. The law protects you when the failure is not your fault.

• Missing the claim deadline: You lose the chance to recover unpaid wages if you wait longer than one year to file at the labour court. Start conciliation early, then file your claim within one year.

• Relying only on your own papers: Payslips, bank transfers and employer letters carry less weight than an official finding when you apply for arraigo. Get an inspection report or court ruling, and keep your own papers as backup.

• Fear of claiming without a permit: You keep your labour rights even without a work authorisation, and filing a claim does not by itself lead to expulsion. Speak to a lawyer or trade union before you file, so you know your options.

Letter asking a former employer for proof of work

Use this letter to ask a former employer to confirm in writing that you worked for them. Fill in the blanks, print it, and ask the employer to sign it. A signed letter helps, but offices do not accept it alone. Send it together with the supporting papers listed in the letter, and keep a copy of everything you send.

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Subject: Request for written confirmation of my work for you

Dear [employer's name],

I am applying for a residence permit in Spain, and I need written proof of the time I worked for you. I would be grateful if you could complete, sign and date the confirmation below and return it to me by [date, allow at least two weeks].

Confirmation of work

• Employer's full name or company name: [ ]
• Employer's tax ID (NIF, NIE or DNI): [ ]
• Employer's address: [ ]
• Worker's full name: [ ]
• Worker's passport number: [ ]
• First day of work: [dd/mm/yyyy]
• Job or role: [ ]
• Hours worked per week: [ ]
• Pay (amount and how it was paid: cash, transfer): [ ]
• Place of work (full address): [ ]

I confirm that the information above is true.

Signature: ______________________ Name: ______________________ Date: ______________________

Please also attach a copy of your ID (or company tax ID). I am also happy to send you copies of any bank transfers or messages that show the payments, so that the dates match.

Thank you for your help.

Kind regards, [Your full name] [Your phone number and email]

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If the employer does not answer or refuses

Send a short reminder after a week or so. If there is still no answer, do not wait. Offices treat a letter from the employer as weak evidence anyway, and the stronger routes take months. Start these in parallel:

1. Complain to the Labour Inspection (Inspección de Trabajo y Seguridad Social). It can issue a report confirming that you worked for the employer. Such a report is accepted as proof for arraigo laboral.
2. Bring a claim to the labour court. You can claim unpaid wages or unfair dismissal. A conciliation step comes first. A court ruling that confirms the work relationship is also accepted as proof.
3. Collect your own evidence now. Gather:
   • bank transfers or other payment records
   • messages with the employer or colleagues about shifts and pay
   • written statements from witnesses, such as colleagues or customers
   • photos of you at the workplace
   • any contracts or payslips you have

Offices differ in what they accept, so check with your immigration office which evidence they want to see, and whether the new rules change the list.

Frequently asked questions

Can I claim unpaid wages if I never had a work permit?

Yes, you can still claim unpaid wages, because having no work authorisation does not cancel your rights under the employment contract. Try conciliation first, then go to the labour court within one year.

Can a labour court ruling help my residence application?

Yes, a favourable labour court ruling can support an arraigo application. A Labour Inspection report confirming that you worked for the employer can serve the same purpose. Both prove past work better than any document you hold yourself.

Are payslips and bank transfers enough to prove past work for arraigo laboral?

No, payslips, bank transfers, contracts and employer letters are only supporting evidence and carry less weight. The strongest proof is a court ruling or an inspection report confirming the work relationship. Arraigo laboral needs at least six months of work, after two years of residence.

Who pays my benefits if my employer never paid Social Security contributions?

Social Security can be asked to pay your benefits even if your employer failed to register you or pay contributions. This protection is called automatic coverage (alta de pleno derecho). Ask for it when you apply for the benefit.