New Job-Seeking Visa In Spain The Requirements Benefits And Procedure

The new Immigration Regulation in Spain, approved in 2023 and which has been in force since 20 May 2024, represents one of the most significant immigration reforms in Spain in recent years. Among its main developments is the introduction of new types of visas, designed to better reflect the current labour market and global mobility needs.

One of the most notable is the Job-Seeking Visa, specifically created for foreign nationals who wish to reside temporarily in Spain in order to look for employment. This visa allows the holder to remain in the country for up to 12 months, providing an attractive option for those who want to explore job opportunities without being tied to a specific employer from the outset.

However, this visa is not available to everyone. Spanish law establishes specific eligibility criteria, restricting access to two main groups:

1. Descendants of Spanish nationals by origin.
   
2. Professionals working in occupations listed in the "Catalogue of Hard-to-Fill Occupations" published by the State Public Employment Service (SEPE).
   

The lawyers in Giambrone and Partners analyse the new visa in detail and outline below what this visa entails, who can apply, the requirements, the step-by-step process to obtain it, and its key advantages and challenges.

What is the Job-Seeking Visa in Spain?

The Job-Seeking Visa is a temporary residence permit regulated under Spain's Immigration Regulation, which allows foreign nationals to stay legally in Spain for up to 12 months for the purpose of seeking employment or starting a professional project.

It should be noted that unlike other visas, such as the work visa or student visa, this visa does not authorise employment. Instead, it grants lawful residence for the applicant to carry out administrative formalities, attend interviews and secure a job offer.

If the applicant successfully finds employment during the authorised period that the visa extends, they must change their residence status from temporary residence to residence and work authorisation, following the procedure set out in Article 77 of the Immigration Regulation.

This visa aligns with the Spanish Government's objective of attracting foreign talent and encouraging the return or arrival of individuals with family or professional ties to Spain, especially in light of labour shortages in certain sectors.

A key advantage of this visa is that when the holder later applies to modify their authorisation to residence and work, they are exempt from the "national employment situation" requirement, a rule that normally obliges employers to justify why a job could not be filled by an existing resident worker.

This visa is reserved for two specific groups:

a) Children and grandchildren of Spanish nationals by origin

According to Article 17 of the Spanish Civil Code, "Spaniards by origin" are:

• Those born to a Spanish father or mother.
  
  
• Those born in Spain to foreign parents, provided at least one was also born in Spain (except children of diplomats or consular officials).
  
  
• Those born in Spain to stateless parents or whose nationality is not recognised by either parent's country.
  
  
• Those born in Spain whose parentage is unknown.
  
  

Therefore, children and grandchildren of Spaniards by origin can apply for this visa, provided they can document their family link. This provision aims to facilitate the return of descendants of the Spanish diaspora who wish to reconnect with their heritage and settle in Spain.

It is important to note, however, that being a descendant of a Spanish national does not automatically grant eligibility. The applicant must demonstrate that their relative held Spanish nationality by origin, not by residence or other means.

b) Professionals in sectors or regions with labour shortages

The second eligible group includes qualified professionals in occupations considered hard to fill, or in regions facing a shortage of workers.

Although the regulation and ministerial order of 27 December 2024 does not specify which sectors qualify, reference is made to the Catalogue of Hard-to-Fill Occupations published quarterly by SEPE. This list usually includes roles in construction, maritime transport, hospitality, healthcare, agriculture, IT, and technical services.

This category aims to attract foreign talent to support Spain's labour market and strengthen key economic sectors.

Duration and Key Features

The Job-Seeking Visa is valid for 12 months, during which time the holder may reside legally in Spain and take steps to find work, though they are not allowed to work until their status is modified.

During this period, the visa holder may:

• Look for employment anywhere in Spain.
• Register with SEPE and online job platforms.
• Attend interviews and selection processes.
• Accept a job offer and begin the procedure to modify their residence permit.

If employment is found before the visa expires, the applicant must begin the procedure to obtain a residence and work permit.

Documentation and Requirements

Requirements may vary by Spanish consulate, but generally include:

• Completed the national visa application form.
• Valid passport with at least one year's validity.
• Criminal record certificate from the country of origin and from any country of residence over the past five years.
• Medical certificate proving the applicant does not suffer from any disease with serious public health implications (as per the 2005 International Health Regulations).
• Proof of relationship to a Spanish national (for descendants).
  Professional or employment documentation related to a hard-to-fill occupation (for skilled workers).

Applications must be submitted at the relevant Spanish Consulate, with decisions typically issued within 30 to 45 calendar days.

Key Differences with Other Spanish Visas

This comparison shows that the Job-Seeking Visa is ideal for individuals without a current job offer but who plan to enter the Spanish labour market in the near future.

Transition to Residence and Work Permit

Once the visa holder secures employment, they must begin the process of modifying their authorisation to a residence and work permit.

This requires:

• A valid job offer or employment contract under Spanish labour law.
  Proof that the employer is legally established and financially capable.
• Compliance with the initial health and financial requirements.

The application can be made from within Spain before the visa expires, enabling a smooth transition to legal employment.

Advantages of the Job-Seeking Visa

• Allows lawful entry for individuals with family or professional ties to Spain.
• Promotes international mobility and the attraction of skilled talent.
• Enables candidates to explore job opportunities before committing to an employer.
• Facilitates the integration of foreign professionals into Spain's labour market.
• Encourages the return of Spanish descendants, strengthening cultural and historical ties.
  

In summary, this visa is a modern and flexible tool that balances migration control with the attraction of international talent.

Legal Guidance and Practical Considerations

Although the process may appear straightforward, applying for a Job-Seeking Visa requires a precise understanding of Spanish immigration law and the documentation required by each consulate.

Common errors, such as missing certified translations, incorrect proof of family relationship, or insufficient financial evidence, can lead to rejection.

For this reason, obtaining specialised legal advice is highly recommended. The immigration law team at Giambrone & Partners has extensive experience assisting foreign nationals, Spanish descendants, and qualified professionals in securing visas, residence permits, and work authorisations in Spain.

The Job-Seeking Visa in Spain represents an excellent opportunity for those wishing to establish themselves legally and professionally in the country, particularly descendants of Spanish nationals and skilled professionals in high-demand sectors.

Beyond being a migration tool, this visa symbolises Spain's openness to global talent, innovation, and the reconnection with its cultural roots.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.