Hiring non-EU talent in Spain: a guide for international companies and groups

In an increasingly interconnected global context, hiring non-EU talent in Spain has become a key tool for filling technical vacancies, driving innovation and strengthening business competitiveness. However, the legal framework governing the employment of foreign workers requires careful planning and strict compliance.

At Seegman, as solicitors specialising in corporate immigration and Global Mobility, we help international companies and groups design secure and efficient strategies for hiring and transferring non-EU professionals.

Why companies seek non-EU talent and when this route is appropriate

The shortage of technical skills, especially in STEM (science, technology, engineering and mathematics) sectors, has led many companies to expand their search for talent beyond the European Union. Hiring foreigners in the UK allows access to highly specialised professionals in areas where the local supply is insufficient.

This route is appropriate when:

• The position requires rare or very specific skills.
• The company needs to bring in international talent in line with its expansion strategy.
• The group has subsidiaries in different countries and requires staff mobility between locations.

In our experience, this type of recruitment can be key to innovative projects or internationalisation processes.

When is it not advisable to opt for non-EU recruitment and what alternatives are there?

It is not always advisable to initiate a non-EU recruitment process. When project deadlines are very tight or there are budgetary restrictions, it may be more effective to:

• Opt for professionals with a valid residence permit in Spain.
• Promote the internal mobility of EU workers or long-term residents.
• Opt for international services through commercial agreements.

In addition, it is necessary to assess the cost and duration of the work authorisation process, which can take several months depending on the type of permit.

Basic legal requirements for hiring non-EU professionals

In order to hire foreign workers in Spain, the company must fulfill a series of procedures before the Directorate General of Migration and the corresponding Foreigners’ Office. The main requirements include:

• Having a formalised employment agreement that complies with Spanish regulations.
• Proving that the position cannot be filled by a candidate from the national market (except in certain cases).
• Applying for the corresponding non-EU work and residence permit for the professional.
• Guaranteeing working conditions comparable to those of any domestic employee.

Lack of documentation or a poorly drafted application can lead to delays or rejections, so we recommend seeking advice from the initial stage of the process.

Legal, operational and reputational risks to consider

Failure to comply with immigration regulations may result in financial penalties, disqualifications and even criminal consequences. Among the most common legal risks in international hiring are:

• Hiring without prior work authorisation.
• Discrepancies between the hired profile and the permit requested.
• Failure to monitor the employee’s immigration status.

From a reputational standpoint, these errors can affect the corporate image of the group, especially if they operate under international regulatory compliance standards.

Common mistakes made by companies and how to avoid them

In our professional practice, we have identified some recurring errors in the hiring of foreign nationals:

• Failure to plan the immigration process together with the tax or HR department.
• Not knowing the deadlines for permit decisions.
• Not communicating changes in working conditions to the competent authority.

The best way to avoid these mistakes is to have a comprehensive global mobility plan that includes specialised legal advice and thorough document management.

Legal alternatives according to the candidate’s profile

Spanish legislation offers different routes to authorisation and residence depending on the profile and situation of the worker. There are fast-track routes for qualified profiles, adapted to researchers, tech professionals or executives, which speed up the hiring of foreign workers. Choosing the most appropriate one facilitates the approval of the file and reduces administrative risks.

International Talent Attraction Programme (PAC)

Aimed at qualified professionals, entrepreneurs or researchers, this programme allows for the fast-track processing of non-EU work permits and is managed by the Large Companies and Strategic Groups Unit (UGE-CE). It is an ideal route for multinationals and start-ups with global mobility needs.

Start-up Law and visas for technology profiles

The new Start-up Law regulates visas for digital nomads and professionals in the technology sector, offering tax and administrative advantages. These permits are particularly useful for companies seeking to hire foreign technology talent remotely or in person.

Permits for executives, intra-company transfers and global mobility

Groups with a presence in several countries can resort to intra-company transfers or permits for executives and highly qualified personnel. This option facilitates operational continuity and ensures coordinated compliance between the jurisdictions involved.

How to integrate non-EU recruitment with the group’s tax and corporate strategies

Efficient management of global mobility must be aligned with the group’s overall planning. At Seegman, we recommend:

• Analysing the tax implications of the employee’s relocation.
• Coordinating the type of agreement and contributions with tax and employment advisors.
• Assessing the advisability of centralising mobility management at the head office.

This coordination avoids duplication, optimises costs and ensures consistency between global policies and local requirements.

Recommendations for a safe and efficient strategy

Based on our experience working with large corporations and international SMEs, we suggest:

• Conducting a preliminary assessment of the most appropriate profile and migration route.
• Anticipating processing times and the required documentation.
• Implementing internal immigration compliance protocols.
• Periodically reviewing the validity of permits and renewals.

A well-designed legal strategy not only avoids risks, but also strengthens corporate reputation and facilitates the integration of international talent into the Spanish market.

FAQs on hiring non-EU talent

1. How long does it take to process a non-EU work permit?

It depends on the type of permit and the competent office. Visas processed by the UGE-CE are usually resolved within 20 working days.

2. Can I hire a foreigner who is already in Spain as a tourist?

No. The regulations require that the worker apply for a visa and authorisation from their country of origin, except in specific cases.

3. What is the difference between an intra-company transfer and a permit for highly qualified personnel?

An intra-company transfer is granted to move an employee within the same business group, while a permit for highly qualified personnel applies to new hires in Spain.

4. What happens if the contract ends before the permit expires?

The competent authority must be notified, as this change may affect the validity of the authorisation. It is crucial to manage this notification properly to avoid penalties.