Can I work while my immigration application is pending in Spain?
When you can work with an application pending in Spain: arraigo, renewals, family of a Spanish citizen and asylum, and the risks of working without a permit.
Extranjería Palma ·
It depends on the procedure. If you apply for arraigo from an irregular situation, you cannot work until the permit is granted. If you are renewing a permit you already hold, you can keep working while the renewal is decided. And for residence as a family member of a Spanish citizen, filing can authorise you to work provisionally. The rules below follow Royal Decree 1155/2024.
The baseline rule
Organic Law 4/2000 (art. 36) requires foreigners over 16 to hold a prior residence and work authorisation for any paid activity. Working without it is a serious infringement (art. 53.1.b); hiring someone without it is a very serious one (art. 54.1.d), counted per worker.
Case by case
| Your situation | Can you work while pending? | Basis |
|---|---|---|
| Arraigo (any type), no prior permit | No. Work authorisation comes with the grant | Arts. 130-131 RD 1155/2024 |
| Renewal of residence and work permit, filed on time | Yes. The old permit is extended until a decision | Arts. 80 and 86 |
| Renewal filed up to 3 months after expiry | Yes, but a penalty procedure may be opened | Same articles |
| Extension of an exceptional-circumstances permit | Yes, if filed in the 2 months before expiry | Art. 132.3 |
| Residence as family of a Spanish citizen | Provisionally yes for family in art. 94 (a)-(d), if the application does not repeat one already rejected; conditional on the grant | Art. 97.5 |
| International-protection applicant | Yes, after 6 months if admitted and still unresolved through no fault of yours | Additional provision 14 |
This summarises the regulation; every case has exceptions. Check yours before you start work.
Arraigo: no work before the grant
Article 131 attaches the work authorisation to the grant of the permit. The Regulation contains no provisional work right for ordinary arraigo applicants. Details by route are in our sociolaboral vs socioformativo guide.
The exception that has expired
Royal Decree 316/2026 did provide provisional work rights during the extraordinary arraigo. The application window closed on 30 June 2026. Any site presenting it as open is out of date. See what happened to the extraordinary regularisation.
Renewing without losing your job
File the renewal in the two months before expiry: your permit stays valid until decision and you keep working. Even if you file up to three months late the permit is extended, but you risk a fine. For employee permits, article 80 says that if three months pass without an express decision, the renewal is deemed granted. That does not apply to first applications.
What working without a permit risks
- You: a serious infringement, with a fine and, in some situations, possible removal. It can also weigh against future applications.
- The employer: a very serious infringement for each worker.
- Your labour rights survive: under art. 36.5 of LO 4/2000 the lack of a permit does not void the contract as regards your rights as a worker. You are still not entitled to unemployment benefit.
FAQ
My employer says he will wait for my arraigo. Can I start now? No. A signed offer supports an arraigo sociolaboral application; it does not authorise work in the meantime.
Does my padrón registration let me work? No. It proves presence, not work rights. See how to register in Palma.
Official sources
Working without a permit can cost you your regularisation. Tell us your situation before you decide. More on our arraigo and residence permit services.