In short: the initial residence-and-work permit is granted as employed (with a work contract) or self-employed (with a viable economic project); the decision takes 3 months (RD 1155/2024).
In person or by representative? It depends on the type (RD 1155/2024). For employment (cuenta ajena), your employer applies for the authorisation, in person or through a representative, at the immigration office (oficina de extranjería) of the province where the workplace is (art. 77.1). If the employer is a legal entity (for example, a company), it files electronically (art. 14.2 of Law 39/2015); if it is an individual, in person or electronically (art. 197.1). Information sheet 12 (May 2025) only mentions electronic filing, which art. 197.2(c) made compulsory until the Supreme Court annulled it (ruling). Once the authorisation is granted, you apply for the visa at the Spanish consulate for your place of residence within one month of the employer being notified. Art. 40.1 allows this in person or through a representative, but sheet 12 says you apply for it and collect it in person. Since the official sources do not match, plan to go in person. For self-employment (cuenta propia), the application is filed at the Spanish consulate for your place of residence (arts. 39.1 and 85.1). Sheet 14 says you file it yourself, in person, and that you also collect the visa in person. Art. 26.1 also allows filing at the centre of an external service provider the consulate works with, or electronically where an application exists for it. Since the sources do not fully match, plan to go in person. A representative is only accepted if the consulate agrees as an exception: when you do not live in the city where the consulate is and you prove that distance, transport, illness or your physical condition makes travelling very hard for you (art. 26.1). In both cases, you apply for the TIE card in person within one month of registering with Social Security (arts. 77.9 and 85.8).
If what you want is to run your own business / be self-employed, see the specific card on residence and work as self-employed (cuenta propia) (project, investment, form EX-07).
Employed (cuenta ajena):
- A signed work contract guaranteeing continuous activity during the authorisation's validity.
- Not being an EU/EEA/Swiss citizen or family member under that regime; not being in an irregular situation; no criminal record.
- The initial permit also allows self-employment as long as the main activity remains employment.
Self-employed (cuenta propia):
- A viable economic project with expected profitability.
- Proof of professional capability (qualification, experience or professional registration if required).
- Sufficient economic resources for you and your family, plus the initial investment capital.
- No criminal record; not in an irregular situation.
Decision period: 3 months from filing.
Official source: Immigration Regulation (RD 1155/2024); information sheets (employed/self-employed) at inclusion.gob.es.
Informational only; exact requirements and documents vary — check the official source and a professional for your case.
