Change of Employer for Highly Qualified Workers and EU Blue Card holders in Spain

Introduction

Spain has become one of the most attractive destinations in Europe for international professionals, thanks to the Highly Qualified Worker residence permit and the EU Blue Card. These permits allow non-EU nationals to live and work in Spain in highly skilled positions, often in sectors such as technology, engineering, finance, and research. However, many professionals wonder what happens if they want to change employers while holding either of these work authorizations.

The rules are not always straightforward, and misunderstanding them can put your legal status at risk. In this article, we explain the legal requirements, exceptions, and procedures you need to know before making a move to a new company.

When is a new residence permit required?

If you are a Highly Qualified Worker (HQ) or an EU Blue Card holder in Spain, the general rule is clear:

• You must apply for a new residence permit whenever you change employers.

This obligation applies even if the new company belongs to the same corporate group as your previous employer. A move from one subsidiary to another, or even between sister companies within a multinational, will still require a fresh application for residence authorization.There is only one exception:

• If the employment change is covered under Article 44 of the Workers’ Statute (transfer of undertaking). In such cases, your initial permit continues to be valid, and it is sufficient to present documents proving the transfer.‍
  
  

When do you NOT need a new permit?

You do not need to apply for a new residence permit in the case of a transfer of undertaking. This happens when a company takes over a workplace or business unit but maintains its operational identity. In these cases:

• The new employer inherits all the rights and obligations towards Social Security and labor law.
  
• Your employment relationship remains intact, without the need to initiate a new application for residence authorization.
  
• It is sufficient to ensure that your worker file is updated to reflect the transition.
  
  

⚠️ Important Note: If your situation does not meet all the requirements of Article 44, then a new residence permit application is mandatory to remain legally employed in Spain.

The process for changing employers

Changing employers under a Highly Qualified Worker permit or EU Blue Card is not automatic. You will need to follow a structured process to ensure legal compliance.

Application submission
File a new application for residence authorization, unless your case falls under the transfer of undertaking exemption.

Prove the role is highly qualified
The new company must demonstrate that the job responsibilities, qualifications, experience, and conditions meet the Spanish legal standards for highly qualified employment.

Wait for resolution
Once authorized, the new residence permit will be valid for up to three years or for the duration of your employment contract, whichever is shorter.

Key points to remember

• 🚫 You cannot start working for the new company until the authorization has been officially granted.
  
  
• 🔄 If the new position does not qualify as highly skilled under Spanish law, you will need to apply for a different type of work permit.
  
  
• 📑 In cases of corporate mergers, acquisitions, or transfers allowed by Article 44, a new permit is not required—but you must provide supporting documentation of the transition.
  
  

Summary

Conclusion

For Highly Qualified Workers and EU Blue Card holders in Spain, changing employers requires careful planning. In most cases, you are legally obligated to apply for a new residence permit—even if you remain within the same corporate group. The only exception arises when your situation falls under Article 44 of the Workers’ Statute, which protects your authorization in transfer-of-undertaking cases.

Before making a career move, it is essential to confirm whether your transition falls under the exemption or not. Submitting your application in time prevents legal issues, ensures uninterrupted work authorization, and helps you continue your professional journey smoothly in Spain’s highly competitive market.

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