National Employment Situation in Spain: Hiring Rules and Exemptions (2026)

Updated: 9 October 2026

The national employment situation in Spain, known as situación nacional de empleo, can affect an employer’s application to hire a foreign worker through the ordinary initial employee residence and work route.

Before preparing the application, identify whether the proposed hiring relies on a shortage occupation, evidence that a vacancy cannot be filled, or a legal exemption.

What Is the National Employment Situation?

It is a legal condition considered when granting an initial employee residence and work authorization. The framework allows recruitment through listed shortage occupations or evidence of insufficient suitable and available candidates following the management of a vacancy.

For employers, the first question should be: which legal basis supports this particular hire?

For workers, it helps to discuss this with the employer before planning a move or committing to a start date.

Which Basis Could Apply to the Proposed Hiring?

The Ministry’s official initial employee authorization guidance identifies the catalogue, vacancy assessment, international agreements and Article 40 as relevant bases.

How Does the Shortage Occupation Catalogue Help?

The Catálogo de Ocupaciones de Difícil Cobertura is published by SEPE and identifies occupations for which public employment services have encountered difficulty filling vacancies.

Check the exact occupation and geographical area, together with the applicable catalogue period. A similar job title or a general statement that a sector needs workers is not enough to establish that the proposed position is listed.

The catalogue has a quarterly cycle. Before relying on it, consult the SEPE catalogue information and published documents.

Inclusion provides a basis for processing an initial employee authorization; it does not grant the worker permission by itself. The Andalusian Employment Service also explains this function in its official catalogue guidance.

What Happens When the Occupation Is Not Listed?

Under Article 75 of Royal Decree 1155/2024, the employer can demonstrate difficulty filling the vacancy with workers already in Spain’s domestic labor market.

The employer presents a precise, relevant offer to the competent territorial public employment service. The service manages it for eight days. The employer then reports the selection results and reasons for rejecting candidates. The regulation provides a maximum three-day period for issuing the certificate, counted from that communication.

The immigration authority considers the employment service’s report and any substantiated hiring urgency. These periods concern the vacancy procedure, not the complete immigration application.

For practical preparation and documentation, read our labor shortage certificate guide for employers.

Which Workers May Benefit from an Exemption?

Exemptions Under Article 40

Article 40 of Organic Law 4/2000 includes, among other cases:

• Working-age reunified family members.
• Certain spouses or children of foreign residents with renewed authorizations.
• Holders of previous work authorizations seeking renewal.
• Foreign nationals with dependent Spanish ascendants or descendants.
• Foreign nationals born and resident in Spain.
• Children or grandchildren of Spaniards by origin.

This is a selection, not the complete list. Each exemption must match the exact legal conditions and be supported by evidence.

Chilean and Peruvian Nationals

The Ministry identifies Chile and Peru as countries whose nationals benefit from relevant international agreements.

This removes the national employment situation obstacle in the applicable case; it does not remove the remaining authorization requirements.

How Do Highly Qualified and Other Specialist Routes Differ?

Law 14/2013 provides a separate framework for categories including highly qualified professionals, researchers and intra-company transfers.

Its fifth additional provision excludes the national employment situation criterion from the authorizations regulated in Section 2 of Title V.

However, a degree, specialist job title or employer preference does not automatically establish eligibility. The proposed role and the worker must meet the requirements of the relevant category.

When discussing a specialist position, ask:

• Which authorization category is being proposed?
• How do the actual duties support that choice?
• What qualifications and professional experience need documenting?
• What evidence must the employer provide?

What Other Requirements Still Matter?

Meeting this employment condition is only one part of the ordinary initial employee application.

The Ministry’s guidance also requires a compliant employment contract, employer solvency, tax and Social Security compliance, and any legally required professional qualifications.

For the broader application, see our work and residence permit guide.

What Should Employers Prepare Before Seeking Advice?

A short recruitment summary makes the first assessment more useful. Include:

• The worker’s nationality, current location and immigration status.
• The proposed work location.
• A description of the duties and necessary skills.
• Salary, working hours and intended contract duration.
• The preferred start date.
• Any relevant family connections or previous Spanish authorizations.
• Recruitment steps already taken and documents available.

Keep the explanation consistent across the job description, contract and supporting records. If something changes during preparation, flag it before the application is submitted.

Frequently Asked Questions

Is Hiring Impossible if the Occupation Is Not Listed?

No. A vacancy assessment or an applicable exemption may provide another basis. Start by identifying which one fits the proposed hire.

Does Chilean or Peruvian Nationality Automatically Allow Someone to Work?

No. The agreement concerns this employment condition; the appropriate authorization and its remaining requirements still matter.

Does Any Spanish Grandparent Qualify for the Article 40 Exemption?

The provision refers specifically to children or grandchildren of a Spaniard by origin. That distinction must be checked.

Does a University Degree Automatically Create an Exemption?

No. Eligibility for a specialist immigration route depends on the relevant category’s requirements, not simply possession of a degree.

Is the Labor Shortage Certificate a Work Permit?

No. It is evidence used in the application. It is not the residence and work authorization.

Legal review: Francisco Javier Theuer Carmona, immigration lawyer and member of the Granada Bar Association (ICAGR 7984). 

Last reviewed: 9 October 2026

Plan Your Foreign Recruitment with Nodisea

Before committing to a recruitment timetable, clarify the proposed immigration route and the evidence needed to support it.

Nodisea can help assess the worker’s circumstances and the employer’s proposed position, then explain the appropriate next steps.

Book a free immigration consultation to discuss your hiring plans.

Official Sources

• Organic Law 4/2000 — Articles 38 and 40.
• Royal Decree 1155/2024 — Articles 74 and 75.
• Ministry guidance — Initial employee residence and work authorization.
• SEPE — Shortage occupation catalogue.
• Law 14/2013 — Fifth additional provision.