In this article we detail the requirements for changing a residence permit of more than one year to a residence and work permit for employed or self-employed workers.
This modification is suitable, among others, for highly qualified professionals, digital nomads, researchers, intra company workers, entrepreneurs and their relatives that want to modify their residency permits to a general/regular residence and work permit for employment or self-employment in Spain.
Type of Authorization
This is an initial temporary residence and work permit, either for employed persons or self-employed persons, which can be obtained by the holder of a temporary residence permit who is already authorized to work and who has been residing in Spain for at least one year.
Basic Regulations
- Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (Articles 36, 37, and 38).
- Royal Decree 1155/2024, of November 19, approving the Regulations of Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (Article 191.3).
Requirements
- Hold a temporary residence permit that authorizes work and have been residing in Spain for at least one year.
A) To obtain a residence and work permit for employed persons:
You must be able to demonstrate one of the following situations:
▪ Continue the employment relationship that led to the granting of the permit (most of the cases).
▪ Have worked for a minimum of three months per year and meet one of the following conditions:
▪ Have signed an employment contract with a new employer that complies with the terms of your work permit and be registered or in a similar situation at the time of application.
▪ Have a new contract that guarantees the requirements established in Article 74 of the Regulations and whose effective date is conditional upon the granting of the permit.
▪ That the employment relationship that led to the permit was terminated for reasons beyond your control and that you have actively sought employment by registering with the competent Public Employment Service as a job seeker.
▪ Be receiving contributory unemployment benefits.
▪ Be a beneficiary of a public welfare benefit aimed at achieving social or labor market integration.
▪ Have been employed and registered with Social Security for a minimum of nine months within a twelve-month period.
▪ That a family member, as defined in Article 66 of the Regulations (family members eligible for family reunification), meets the financial requirements for family reunification with the worker.
▪ That the employment relationship has been terminated or suspended as a result of the worker being a victim of gender-based or sexual violence.
Where applicable, proof of enrollment in school for any dependent children of compulsory school age will be required.
B) To obtain a residence and work permit for self-employment:
You must be able to demonstrate one of the following situations:
▪ Continuing the activity that led to the permit, provided that tax and Social Security obligations have been met (most of the cases).
▪ When a family member, as defined in Article 66 of the Regulations (family members eligible for family reunification), meets the economic requirements for family reunification.
▪ Being a beneficiary of unemployment benefits.
▪ In the case of economically dependent self-employed workers, when the contract is interrupted or terminated for reasons beyond the control of the self-employed worker, including economically dependent self-employed workers who are victims of gender-based violence or sexual violence.
▪ Receiving contributory unemployment benefits.
▪ Being a beneficiary of public social assistance aimed at achieving social or labor market integration.
When applicable, provide proof of schooling for minors under your care who are of compulsory school age.
Required Documentation
- Application form (EX-26), duly completed and signed by the employer or, where applicable, by the foreign national, or through an authorized representative.
- Complete copy of the passport or travel document or, where applicable, valid registration certificate.
A) If it is an authorization for employment:
Documentation depending on the case:
▪ If it can be proven that the activity was carried out for a minimum of three months per year:
– Valid employment contract with a new employer.
– New contract that meets the requirements of Article 74 of the Regulations.
– Proof that the employment relationship that gave rise to the authorization was interrupted for reasons beyond the worker’s control and that they have actively sought employment, through registration with the corresponding Public Employment Service.
▪ If you are receiving contributory benefits:
– Proof of entitlement to contributory benefits.
▪ If you are a beneficiary of public social assistance aimed at achieving your social or labor market integration:
– Proof of entitlement to social assistance.
▪ If your employment was suspended or terminated as a result of being a victim of gender-based or sexual violence:
– Proof of being a victim of gender-based violence (among other things, you may present a protection order or a report from the Public Prosecutor’s Office).
– Proof that your employment was suspended or terminated as a result of being a victim of gender-based or sexual violence.
▪ If you can prove that you have been working and registered with Social Security for a minimum of nine months within a twelve-month period:
– Proof that the employment relationship that gave rise to the authorization was interrupted for reasons beyond the worker’s control.
– Proof that the worker has actively sought employment.
▪ That a family member, as defined in Article 66 of the Regulations, meets the financial requirements to sponsor the worker’s family reunification:
– Proof of family relationship.
– Proof of financial means.
If the family member has dependent children of compulsory school age, a report issued by the competent regional or national authorities, or by the educational institution, is required.
If the family member does not provide proof of compliance with any of the aforementioned requirements, the foreign national’s integration efforts will be assessed. This will be demonstrated by the foreign national providing, among other evidence, a favorable report from the competent bodies of the Autonomous Community where they reside.
B) If it is a self-employment authorization:
Documentation depending on the situation:
▪ If the family member has sufficient financial resources to sponsor the worker’s reunification:
– Up-to-date documentation proving the family relationship.
– Proof of sufficient financial means.
▪ If they have been granted unemployment benefits:
– Proof of the granting of these benefits.
▪ If the contract is interrupted or terminated for reasons beyond the self-employed worker’s control:
– Documentation proving the interruption or termination of the contract due to reasons beyond their control.
If applicable, a report issued by the regional authorities, or the competent authorities in each case, or by the educational center certifying the enrollment of any dependent children of compulsory school age.
If they do not provide proof of compliance with any of the established requirements, the foreign national’s integration efforts will be assessed. This circumstance will be proven by the foreign person providing, among other means of proof, a favorable report from the competent bodies of the Autonomous Community of their place of residence.
Procedure
- Eligible party to submit the application: the foreign national residing in Spain or, where applicable, the employer, either personally or through an authorized representative with legal business representation.
- Submission location:
In person, at the Immigration Office of the province where the foreign national has established or will establish their effective residence.
Electronically, through the electronic headquarters of the Ministry of Territorial Policy and Democratic Memory (Mercurio).
- Applicable fees: These are due upon submission of the application and must be paid within ten business days. They are:
– Form 790, code 052, section 2.5.2 “Modification of the temporary residence permit to a residence and work permit”: to be paid by the foreign national.
-Form 790, code 062, section 3.2.2. “Work authorization for renewed temporary residence permits for employment”: to be paid by the employer.
- Processing time for the application: three months from the day following the date of its registration with the competent authority. If the Administration has not issued a notification within this period, the application may be considered rejected by administrative silence. (If notification of the decision cannot be made, it will be published in the Single Edictal Notice Board (TEU). If electronic notification was chosen or the applicant is legally required to use this method, the decision will be notified by publication on the electronic portal. If the decision is not accessed within ten calendar days of its publication, it will be considered notified.)
- Within one month of notification, the foreign national must register with the corresponding Social Security scheme, as the validity of the residence and work permit is contingent upon such registration.
- Within one month of being registered with Social Security, the worker must personally apply for a Foreigner Identity Card at the Police Station or competent police services in their place of residence.
- The new permit will be valid for four years.
