EX-03 Form Spain: Employee Residence and Work Permit

EX-03 is Spain’s official immigration form for temporary residence and work as an employee, known as residencia temporal y trabajo por cuenta ajena. It is used primarily when a Spanish employer wants to hire a qualifying non-EU foreign worker who needs authorization to live and work in Spain.

Under Spain’s current Immigration Regulation established by Royal Decree 1155/2024, EX-03 is not limited to one type of initial work application. The current form also covers certain employer changes, renewals, cross-border employee authorizations and some other employee-work situations.

For a standard first-time employee residence authorization, the employer normally leads the application process.

If you want to understand the complete immigration route rather than only the form, read our Spain Work Permit Visa guide.

You can also compare EX-03 with the other immigration forms in our Spain Immigration Forms: EX-00 to EX-32 guide.

What Is Form EX-03?

EX-03 is officially titled:

Solicitud de autorización de residencia temporal y trabajo por cuenta ajena o autorización de trabajo por cuenta ajena

In practical terms, the form provides the Spanish immigration authorities with information about:

• the foreign worker;
• the employer;
• the proposed employment contract;
• the workplace;
• remuneration;
• the occupation;
• the person submitting the application;
• the type of authorization being requested.

EX-03 is therefore not simply a form completed by a foreign worker after receiving a job offer.

For a standard initial authorization, the employer and the proposed employment relationship are fundamental parts of the immigration application.

EX-03 at a Glance

Question	Answer
Form	EX-03
Main purpose	Residence and work as an employee
Spanish term	Residencia temporal y trabajo por cuenta ajena
Main users	Qualifying third-country nationals
Initial application	Yes
Renewal	Yes
Certain employer changes	Yes
Typical initial applicant	Employer or business
Main submission method	Electronic filing through Mercurio
National employment situation	May need to be satisfied
Work contract required	Yes for the standard initial route
Initial decision period	Generally up to 3 months
TIE after approval and entry	Yes, where applicable
Current legal framework	Royal Decree 1155/2024

Who Needs EX-03?

EX-03 is principally relevant to foreign nationals who are not citizens of:

• the European Union;
• the European Economic Area;
• Switzerland;

and who are not covered by another immigration status that already gives them the right to work in Spain.

A typical standard case might involve:

Spanish employer → foreign candidate → qualifying employment contract → EX-03 application → immigration approval → work visa → entry into Spain → Social Security registration → TIE

However, not every non-EU worker hired in Spain uses EX-03.

Highly qualified workers, EU Blue Card applicants, intra-company transferees and certain other professionals can fall under different immigration regimes.

That is why the immigration route should be identified before the form is completed.

Is EX-03 the Same as a Spain Work Visa?

No.

EX-03 concerns the underlying residence and work authorization.

A national work visa is a separate stage that may follow after the residence and work authorization is approved for a worker applying from abroad.

For a typical standard sponsored worker, the process is:

Employer applies for residence/work authorization → EX-03 approved → employee applies for visa → employee enters Spain → Social Security registration → TIE

A signed employment contract by itself does not authorize a foreign national to start working in Spain.

Who Submits the Initial EX-03 Application?

For the standard initial employee residence and work authorization, the application is submitted by the employer or entrepreneur who wants to hire the foreign worker.

The employer may submit it directly or through an authorized representative.

This distinction is extremely important.

A foreign worker generally cannot obtain the standard initial employee work authorization simply by:

1. finding an EX-03 form;
2. completing it;
3. submitting it independently.

The application is based on a genuine employer requesting authorization to employ that person.

What Type of Employment Does EX-03 Cover?

The central concept is trabajo por cuenta ajena.

This means employment performed for another person, company or organization in exchange for remuneration.

Depending on the circumstances, EX-03 can therefore relate to employment in areas such as:

• hospitality;
• construction;
• healthcare;
• logistics;
• manufacturing;
• agriculture;
• technology;
• professional services;
• domestic employment;
• other qualifying occupations.

The occupation must satisfy the applicable immigration and employment-law requirements.

How Long Can an Initial EX-03 Authorization Cover?

Under the current immigration framework, the standard initial temporary residence and employee-work authorization concerns employment for a period of more than 90 days and less than five years.

The current EX-03 form itself distinguishes between:

• an initial contract lasting less than one year;
• an initial contract lasting one year or more.

The actual authorization depends on the qualifying immigration procedure and employment relationship.

Do not assume that every EX-03 approval automatically has the same duration.

Can EX-03 Also Allow Self-Employment?

This is one of the important changes to understand under the current immigration framework.

A qualifying initial temporary residence and employee-work authorization can also permit self-employed activity during its validity, provided that employment remains the principal activity.

In other words, the holder may potentially combine:

employment + secondary self-employment

without necessarily changing to a completely separate immigration authorization.

However, this does not mean EX-03 should be used when the applicant’s principal plan is to operate independently as an autónomo.

If self-employment is the main basis for moving to Spain, the appropriate route should normally be examined instead.

Main Requirements for an Initial EX-03 Work Authorization

Both the worker and employer must satisfy requirements.

This is one reason EX-03 applications can be considerably more complicated than the form itself suggests.

Requirements for the Foreign Worker

For the standard initial route, relevant conditions generally include:

• not being covered by the EU free-movement regime;
• not being irregularly present in Spain;
• not having disqualifying criminal convictions in Spain or relevant previous countries of residence;
• not being subject to applicable entry prohibitions;
• not being within an applicable voluntary-return no-return commitment;
• not representing a threat to public order, security or public health;
• possessing any qualifications legally required for the profession;
• satisfying the requirements connected with the particular employment authorization.

For regulated professions, professional recognition or homologation may also be necessary.

Requirements for the Employer

The employer is assessed separately.

The employer must generally:

• be properly identified and legally established;
• be registered with Spanish Social Security where required;
• be up to date with tax obligations;
• be up to date with Social Security obligations;
• demonstrate sufficient financial, material and personal resources;
• provide a genuine qualifying employment contract;
• comply with Spanish employment conditions;
• demonstrate that the job and hiring satisfy the immigration requirements.

The immigration authorities are therefore not assessing only whether the foreign worker looks suitable.

They are assessing the complete employment relationship.

What Is Spain’s National Employment Situation?

One of the most important concepts in standard employee immigration is the situación nacional de empleo, or national employment situation.

In certain cases, the authorities consider whether the proposed vacancy can reasonably be filled by workers already available within the Spanish labour market.

The national employment situation can permit recruitment from abroad in several circumstances.

Difficult-to-Fill Occupations

Spain publishes a quarterly Catalogue of Difficult-to-Fill Occupations.

If the proposed occupation appears in the applicable catalogue for the relevant location and circumstances, this can provide a route for recruiting a worker from abroad.

The catalogue is not simply a general list of jobs Spain needs.

Occupation and geographic classification matter.

Employer Demonstrates Recruitment Difficulty

Where the occupation is not included in the difficult-to-fill catalogue, an employer may in qualifying circumstances demonstrate difficulty filling the position through the domestic labour market.

The process involves the public employment services and the applicable recruitment procedure.

Simply saying:

“We could not find anyone.”

is not sufficient.

The employer must follow the applicable employment-service process.

International Agreements

The current rules also recognize relevant international agreements.

For example, the national employment situation is treated differently for nationals of Chile and Peru under the applicable arrangements.

Article 40 Exemptions

Spanish immigration law also contains specific circumstances in which the national employment situation does not need to be taken into account.

These can apply to particular categories of foreign workers or family circumstances.

The current EX-03 form specifically includes options for these exemptions.

The correct exemption should be documented rather than assumed.

Does Every EX-03 Applicant Need a Shortage Occupation?

No.

This is a common misunderstanding.

An EX-03 application can potentially proceed because:

• the occupation is difficult to fill;
• recruitment difficulty has been demonstrated;
• an applicable international agreement applies;
• a statutory exemption applies;
• another specific EX-03 category applies.

Therefore:

EX-03 does not equal “shortage occupation only.”

Employment Contract Requirements

The standard initial application requires a signed employment contract between the employer and foreign worker.

However, the contract should be structured so that its effectiveness is conditional on the immigration authorization becoming effective.

The contract must provide genuine employment and comply with Spanish employment law.

Relevant elements include:

• occupation;
• working hours;
• salary;
• workplace;
• applicable collective agreement;
• contract type;
• duration;
• Social Security contribution information.

The information on the contract should be consistent with the information entered on EX-03.

Part-Time Employment and Salary

Part-time employment requires particular care.

Under the current initial employee-work rules, where the contract is part-time, the remuneration used for the immigration authorization must satisfy the applicable requirement linked to the full-time Minimum Interprofessional Salary on an annual basis.

Employers should therefore not assume that immigration salary requirements can always be reduced proportionally simply because the job is part-time.

Employer Financial Capacity

The employer must demonstrate that it can genuinely meet the obligations created by the employment contract.

A company may be asked to provide evidence such as:

• corporate tax documentation;
• VAT documentation;
• income-tax documentation where applicable;
• company employment-history information;
• business records;
• a description of the proposed position.

For a private individual acting as employer, including certain household-employment situations, specific financial-capacity rules apply after taking the worker’s agreed salary into account.

Under the current framework, the remaining resources are measured against percentages of the Spanish minimum wage depending on the size of the employer’s family unit.

This should be calculated using the applicable SMI at the time of application.

What Information Does the EX-03 Form Ask For?

The current EX-03 is divided into several sections.

Foreign Worker Details

The form asks for information including:

• passport;
• NIE if already assigned;
• surnames;
• name;
• sex;
• date of birth;
• place of birth;
• country of birth;
• nationality;
• marital status;
• parents’ names;
• Spanish address where applicable;
• telephone;
• email;
• legal representative where applicable;
• dependent school-age children in Spain.

The information should match the worker’s passport and other supporting documents.

Employer Details

The employer section includes information such as:

• employer or company name;
• NIF or NIE;
• principal activity;
• CNAE;
• registered address;
• telephone;
• email;
• legal representative.

If a company is hiring the worker, the person signing the application must have authority to represent the company.

Employment Contract Details

For an initial authorization, EX-03 requests detailed information about the employment relationship.

This includes:

• job title;
• Social Security contribution group;
• occupation classification;
• collective agreement;
• contract code;
• contract type;
• contribution account;
• total gross remuneration;
• workplace address.

Consistency is important.

For example, the occupation should not be described one way on EX-03 and in a completely different way in the employment contract and supporting documentation.

Representative Details

Where an authorized representative files the application, EX-03 includes a section for the representative.

Address for Notifications

The form also includes a specific notifications section.

Official immigration communications can include:

• requests for additional documents;
• resolutions;
• deadlines;
• procedural notices.

The current EX-03 allows electronic notifications through Spain’s electronic-administration system.

Having appropriate electronic access is therefore important for employers and representatives handling immigration applications.

Our Digital Certificate in Spain guide explains one of the main tools used for Spanish electronic administration.

Type of Authorization Requested

This section is especially important because the current EX-03 covers several procedures.

These include:

• initial authorization with a contract under one year;
• initial authorization with a contract of one year or longer;
• exemptions from the national employment situation;
• difficult-to-fill occupation cases;
• recruitment through public employment services;
• certain international agreements;
• specific categories created under government instructions;
• cross-border employee authorization;
• certain employer changes;
• renewal;
• certain other employee work authorizations.

This is why EX-03 should not be described simply as a form for “getting a Spanish work visa.”

Documents Commonly Required for Initial EX-03

The precise file depends on the employment and legal basis.

However, a standard initial application commonly includes documentation from three sides:

Worker → Employer → Employment relationship

Worker Documents

These commonly include:

• full valid passport or travel document;
• evidence of qualifications where required;
• professional recognition or homologation where legally required.

Additional documentation becomes relevant later at the visa stage.

Employer Documents

Depending on whether the employer is a company or individual, documentation can include:

• NIF or NIE;
• company incorporation documents;
• evidence of the legal representative’s authority;
• company tax documentation;
• Social Security information;
• evidence of financial capacity;
• description of the position.

Employment Documents

These can include:

• signed employment contract;
• documentation concerning the national employment situation;
• evidence supporting an applicable exemption;
• recruitment documentation;
• occupation-related evidence.

Foreign public documents may require apostille or legalization and sworn translation where applicable.

Where Is an Initial EX-03 Application Submitted?

Under the current procedure, the employer submits the standard initial application electronically through Mercurio.

Mercurio is Spain’s electronic immigration platform used for many procedures under the general immigration regime.

This means the standard initial work authorization begins with the Spanish immigration authorities—not with the foreign worker simply going to a consulate and requesting a work visa.

EX-03 Fees

The standard initial residence and employee-work procedure can involve two different immigration fees.

Modelo 790 Código 052

The residence fee is paid by the foreign worker under the applicable category.

Modelo 790 Código 062

The work-authorization fee is paid by the employer where the work authorization has the duration specified by the applicable rules.

For the standard initial route, this employer fee applies where the work authorization is for six months or more.

Fees normally become due when the application is submitted and must be paid within the applicable payment period.

How Long Does an Initial EX-03 Application Take?

The official maximum decision period for the standard initial temporary residence and employee-work authorization is generally three months.

The period is calculated from the day after the application enters the register of the competent authority.

If no decision is notified within the statutory period, the standard initial application may be treated as refused through negative administrative silence.

This does not mean every application actually takes exactly three months.

Processing times can vary.

What Happens After EX-03 Is Approved?

Approval of the residence and work authorization is not normally the final step for a worker who is still abroad.

Several additional stages follow.

Step 1: Apply for the Work Visa

After the authorization is granted, the worker generally has one month from notification to the employer to personally apply for the corresponding visa at the competent Spanish consular authority.

The visa application normally requires additional documentation, including:

• passport or qualifying travel document;
• criminal-record certificate;
• medical certificate;
• evidence of payment of the visa fee.

Step 2: Consular Decision

The competent Spanish diplomatic mission or consular office generally has an official decision period of one month for the visa application.

Step 3: Collect the Visa

If approved, the worker normally has one month after notification to collect the visa personally.

Failure to collect the visa within the applicable period can result in the process being treated as abandoned.

Step 4: Enter Spain

The work visa is generally issued with a validity period allowing the worker to enter Spain.

Under the standard current procedure, the worker enters Spain during the visa’s three-month validity period.

Step 5: Social Security Registration

After entry, the employment must become effective through registration with the corresponding Spanish Social Security regime.

The standard procedure requires Social Security affiliation and registration within the applicable period following entry.

Read our guide to getting a Social Security Number in Spain if you are preparing to start work.

Step 6: Apply for the TIE

After the worker has been registered with Social Security, the physical residence-card process follows.

The worker generally has one month from Social Security registration to request the TIE personally.

Our TIE Card Spain guide explains the card process separately.

EX-03 Does Not Replace the TIE

EX-03 and the TIE have different functions.

Document	Purpose
EX-03	Residence and employee-work authorization
Work visa	Entry into Spain after applicable authorization
Social Security registration	Activates the employment relationship within the applicable process
EX-17	Application connected with the physical TIE
TIE	Physical foreigner identity card
NIE	Foreigner identification number

A foreign worker can therefore encounter several different documents during one immigration process.

Can You Change Employer With an Initial EX-03 Authorization?

Potentially, but do not assume the initial authorization gives unrestricted freedom to change employer immediately.

The current immigration framework expressly provides for certain employer-change situations.

The current EX-03 form includes options involving:

• serious non-compliance by the employer with obligations established in the employment contract;
• unexpected circumstances beyond the employer’s control.

Other rules can apply depending on when and why the employment relationship changes.

Before accepting a new job, the worker should determine whether:

• the existing authorization already permits the change;
• notification is required;
• a specific employer-change procedure is necessary;
• another immigration application is required.

What Happens If the Original Employment Cannot Begin?

This can become a serious issue because the standard work authorization is built around a particular employment relationship.

If employment cannot begin because of circumstances affecting the employer or worker, the immigration consequences should be assessed immediately.

Do not simply assume that the worker can start working for another company under the original authorization.

Can You Apply for EX-03 While Already in Spain?

The answer depends on the worker’s current immigration status and legal procedure.

EX-03 appears in several immigration processes, but the standard initial employee authorization should not be treated as a universal way of changing from tourist or irregular status into employment residence.

A person already in Spain may instead need to consider:

• a modification from an existing immigration status;
• a qualifying exceptional-circumstances route;
• a student-to-work transition;
• another employment authorization;
• another residence category.

The correct process depends on the person’s existing status.

Can a Tourist Start Working After an Employer Files EX-03?

No.

A job offer, signed contract or submitted EX-03 application does not by itself give a visitor permission to begin working.

The required residence and work authorization must become effective under the applicable procedure.

Starting employment too early can create immigration and employment-law problems for both worker and employer.

EX-03 Renewal

The current EX-03 also includes renewal of temporary residence and employee-work authorization.

Renewal is a different procedure from the initial employer-led application.

For renewal, the foreign worker is generally the person who submits the application.

When Can an EX-03 Work Authorization Be Renewed?

The normal renewal window is:

• during the two months before the authorization expires; or
• during the three months after expiry.

Filing during the post-expiry period can expose the applicant to possible sanction proceedings, so applying before expiry is preferable.

A renewal application submitted within the applicable period extends the validity of the previous authorization until the renewal procedure is resolved.

What Are the Main EX-03 Renewal Routes?

Renewal does not necessarily require the worker to remain with exactly the same employer throughout the entire authorization.

Current rules recognize several circumstances.

These include situations where the worker:

• continues the employment relationship that produced the existing authorization;
• worked for at least the required minimum period and now has a qualifying new employment situation;
• has a new qualifying employment contract;
• lost the original job for reasons beyond their control and actively sought employment;
• receives qualifying contributory unemployment benefits;
• receives certain public assistance connected with social or labour-market integration;
• has accumulated sufficient employment and Social Security registration;
• can rely on qualifying family financial resources;
• experienced termination or suspension of employment connected with gender-based or sexual violence.

The evidence required depends on which renewal basis is used.

How Long Does EX-03 Renewal Take?

The standard renewal decision period is generally three months.

Unlike the standard initial application, renewal has a different administrative-silence rule.

Where the statutory renewal period expires without notification, the renewal may be understood as approved through positive administrative silence, subject to the applicable procedure.

How Long Does a Renewed EX-03 Authorization Last?

Under the current Immigration Regulation, the standard renewed temporary residence and employee-work authorization is generally valid for four years, unless long-term residence is applicable instead.

This is an important current rule.

Older immigration articles may still describe shorter renewal periods.

What Work Can You Do After EX-03 Renewal?

A renewed authorization is substantially more flexible.

The current rules provide that renewal allows the holder to perform:

• employment;
• self-employment;

throughout Spain.

This gives the worker much greater labour-market flexibility than many applicants associate with the initial employer-sponsored authorization.

EX-03 vs EX-07

EX-03 and EX-07 concern different principal types of work.

Form	Main purpose
EX-03	Residence and work principally as an employee
EX-07	Residence and work principally through self-employment

The fact that current EX-03 authorization can permit certain compatible self-employed activity does not make EX-03 and EX-07 interchangeable.

The principal basis of the immigration application remains important.

EX-03 vs EX-17

These forms represent completely different stages.

Form	Purpose
EX-03	Underlying residence and work authorization
EX-17	Physical TIE application

A worker may therefore first be involved in EX-03 and later use EX-17 when obtaining the residence card.

EX-03 vs Highly Qualified Worker Routes

Not every foreign employee should use the standard EX-03 route.

Spain also has specific immigration pathways for categories such as highly qualified professionals and other workers covered by specialized legislation.

Factors that can affect route selection include:

• salary;
• professional qualifications;
• job category;
• employer;
• professional experience;
• immigration status;
• expected processing route.

Before filing EX-03, employers should therefore confirm that the standard employee authorization is actually the best immigration pathway.

Our Spain Work Permit Visa guide compares the main sponsored-employment routes.

Common EX-03 Mistakes

Using More Than One H1 on the Article or Application Guide

For the Newcomer guide itself, only the article title should be H1. All sections below it should be H2 or H3.

Treating EX-03 as the Work Visa

EX-03 concerns residence and work authorization. The consular visa is a separate later stage where required.

Assuming the Worker Files the Standard Initial Application

For the standard initial route, the employer normally submits the application.

Choosing the Wrong Employment Immigration Route

Some professionals may qualify for a specialized work authorization rather than standard EX-03.

Ignoring the National Employment Situation

Where applicable, the employer must demonstrate how recruitment from abroad is legally permitted.

Assuming Every Job Must Be on the Shortage List

The difficult-to-fill occupation catalogue is only one route.

Using Inconsistent Job Titles

The EX-03 occupation, contract, company documentation and supporting evidence should tell the same story.

Offering Employment Conditions That Do Not Meet the Rules

Salary and employment conditions must comply with applicable Spanish law and immigration requirements.

Weak Employer Solvency Evidence

The authorities assess whether the employer can realistically meet the contractual obligations.

Missing Professional Recognition

A foreign worker cannot bypass Spanish professional-qualification requirements simply by obtaining a job offer.

Starting Work Before Authorization Becomes Effective

A contract or submitted application does not automatically give permission to work.

Confusing EX-03 With EX-17

The residence/work authorization and physical residence card are separate stages.

Missing Electronic Notifications

Employers and representatives using electronic immigration procedures should monitor official notifications carefully.

Using Outdated Renewal Rules

Under the current framework, a standard renewed employee residence/work authorization is generally valid for four years.

EX-03 Initial Application Checklist

Before submitting a standard initial EX-03 application, confirm that:

• EX-03 is the correct immigration route;
• the worker is eligible for the standard employee authorization;
• the employer is legally established;
• the employer is compliant with tax obligations;
• the employer is compliant with Social Security obligations;
• the employer can demonstrate financial capacity;
• the occupation is correctly classified;
• the national employment situation has been analyzed;
• an exemption is documented where applicable;
• the employment contract satisfies immigration requirements;
• salary and employment conditions are compliant;
• required professional qualifications are documented;
• foreign documents are properly translated;
• apostille or legalization has been completed where required;
• the current EX-03 form is being used;
• employer and worker information is consistent;
• the correct authorization category is selected;
• Mercurio filing access is ready;
• the appropriate fees are paid;
• a complete copy of the submitted application is saved.

Frequently Asked Questions About EX-03

What is EX-03 in Spain?

EX-03 is Spain’s official application form for temporary residence and employee work authorization and for certain other employee-work procedures.

Who submits the first EX-03 application?

For a standard initial employee residence/work authorization, the employer or entrepreneur normally submits the application.

Is EX-03 a work visa?

No. EX-03 concerns the underlying residence and work authorization. A separate visa stage normally follows for a qualifying worker applying from abroad.

Does every EX-03 job need to be on Spain’s shortage occupation list?

No. The difficult-to-fill occupation catalogue is one way the national employment situation can permit recruitment. Other routes and exemptions exist.

Can Chilean and Peruvian citizens be treated differently?

The current standard employee-work rules recognize international agreements involving Chile and Peru when assessing the national employment situation.

Can an EX-03 holder work as self-employed?

Under the current rules, an initial employee residence/work authorization can also permit compatible self-employed activity while employment remains the principal activity.

Can I apply for EX-03 as a tourist?

A standard EX-03 application should not be treated as an automatic tourist-to-work conversion. The correct procedure depends on the applicant’s current immigration status.

Can I start working as soon as EX-03 is submitted?

No. Submission of the application does not by itself authorize employment.

How long does an initial EX-03 application take?

The official maximum decision period for the standard initial authorization is generally three months.

What happens after EX-03 approval?

Where the worker is abroad and requires a visa, the normal sequence is visa application, visa approval, entry into Spain, Social Security registration and then the TIE procedure.

Can I change employer?

Potentially, but initial authorizations are subject to specific rules. Certain employer-change situations are expressly recognized under the current framework.

Is EX-03 used for renewal?

Yes. The current official form includes renewal.

When should I renew?

Normally during the two months before expiration. Renewal may also be requested during the three months after expiration, although possible sanction proceedings can arise.

How long does an EX-03 renewal last?

A standard renewal is generally valid for four years under the current rules, unless long-term residence applies instead.

Can I work anywhere in Spain after renewal?

The renewed authorization generally allows employment and self-employment anywhere in Spain.

Does EX-03 give me a TIE?

No. The TIE is a separate physical-card procedure.

Need Help With an EX-03 Work Permit in Spain?

EX-03 should be treated as one step in a larger employment-immigration process:

Immigration route → Employer eligibility → Worker eligibility → Labour-market rules → Employment contract → EX-03 → Approval → Visa → Entry → Social Security → TIE → Renewal

For the complete employment route, read our Spain Work Permit Visa guide.

You can also compare all Spanish immigration forms in our Spain Immigration Forms guide and review our guide to getting a Social Security Number in Spain.

If you need help coordinating Spanish immigration and relocation procedures, contact Newcomer.es.