Changing your permit type in SpainArticle 3 of 8 · 5 min read
Changing employer, sector or province on a work permit
Explains when a change of employer, sector or province on a Spanish work permit needs a modification application and when it needs no new authorisation. For foreign workers who hold an employee work permit and are moving to a new job.
Key rules
- Same job type: Changing employer in the same occupation and territory generally needs no new authorisation.
- First year: In the first year of your first work permit, a different sector or territory may need a modification.
- Starting work: You can usually start the new activity once your application is admitted for processing, not before.
- Refusal: If the modification is refused, you must stop working under it.
The 2025 rule changes affect these limits, so confirm the rule for your permit type and province with your Oficina de Extranjería before acting.
The short answer
Whether you need a modification depends on your permit type and how long you have held it. Moving to a new employer in the same occupation and the same territory generally needs no new authorisation. A different sector or territory in your first period, or a move between employee and self-employed work, may need a modification.
When you need no new authorisation
If the new job is in the same occupation and the same territory as your current permit, you can generally change employer freely. The permit belongs to you, not to the employer.
When you may need a modification
A modification changes the scope of your permit, meaning its occupation and territory. You may need one if:
- You are still in the first year of your first work permit. That first authorisation is generally limited to one sector or territory.
- You move between employee and self-employed work. Ask the Oficina de Extranjería whether this needs a modification in your case.
After the first year, renewals are not restricted to one sector or province. A 2025 change to the rules relaxed some of these limits, so the exact rule for your permit type is worth checking before you act.
How to apply
You apply for the modification at the provincial Oficina de Extranjería, or online through Mercurio. Either you or the new employer can file. The documents are listed below. Forms and document lists can vary by permit type and province, so confirm them locally. A new TIE may be issued once the scope changes.
Can you start the new job straight away?
In many cases you can start the new activity once your application is admitted for processing. You do not have to wait for the final decision. Admission is generally issued shortly after filing. This only works if you filed in time and meet the conditions. If the modification is refused, your right to work under it ends, so stop that work.
Do not start before admission. Confirm with the Oficina de Extranjería that your case qualifies.
Where to go next
Use the decision, checklist, documents and timeline below to work out your case and prepare the application. This page is for employees. If you are not sure which permit you hold, check your TIE and your approval letter first.
Choosing between options
Do you need a modification to change employer?
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No new authorisation: The new job is in the same occupation and territory as your permit, so you can generally just change jobs.
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Apply for a modification: The new job is in a different sector or territory during the first period of your permit, or you are moving between employee and self-employed work.
Compare the new job's occupation and territory with your permit and how long you have held it. If either differs in the first period, or you change between employee and self-employed work, apply for a modification.
Timeline and deadlines
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File the modification application for the new employer or self-employment: while your current permit is still valid
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Wait for your application to be admitted for processing: generally a short time after filing
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Start the new job or self-employment, if the conditions are met: once the application is admitted, without waiting for the final decision
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Stop work under the modification if it is refused: as soon as you receive the refusal
Documents you need
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Application form for the modification, filled in by you or the new employer
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Your passport and your residence card (TIE)
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The new employment contract or a binding job offer
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The new employer's identity and tax documents
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Proof that the employer is up to date with tax and Social Security payments
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Proof that you are registered in Social Security
Checklist
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Check which kind of permit you hold and how long you have held it
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Check whether the new job is in the same occupation and territory, since that generally needs no new authorisation
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Check whether you are still in the first year of your first work permit, when sector or territory is generally limited
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Gather the documents for the modification with your new employer
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File the application at the provincial Oficina de Extranjería or online through Mercurio
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Wait until the application is admitted for processing before you start the new work
Frequently asked questions
Can I start working for my new employer before the modification is approved?
Yes, in many cases you can start once your modification application has been admitted for processing, without waiting for the final decision. This only works if you filed in time and meet the conditions.
Are renewals restricted to one sector or province like the first permit?
No, renewals are not restricted to one sector or territory. Your first work authorisation is generally limited to a specific sector or territory for its first year. The 2025 regulation removed or reduced some of these limits.
Who files the application when I change employer?
Either the new employer or you can file it, at the provincial Oficina de Extranjería or online through the Mercurio platform. Your scope of work is then modified, and you may receive a new TIE (your residence card).
More in Changing your permit type in Spain
- Changing your residence permit type without leaving Spain (modificación)
- Modify your permit or apply for a different route?
- Switching from employee to self-employed residence
- Moving from a student permit to an employee permit
- Moving from a student permit to self-employed residence
- Getting work rights if you hold a non-lucrative residence
- Switching to the family-of-citizen regime after marrying an EU citizen or Spaniard
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Need certainty before you act?
For important relocation decisions, speak with a qualified human specialist.
Always verify important information with the relevant official authority or a qualified adviser before acting. This website uses large language models together with various public data sources, official government documents and other established sources. Due to the amount of data on this website, some information might be wrong. Information may also be incomplete or outdated.