Modification from residence permit to work permit

Modification from residence permit to work permit

If you have been legally living in Spain as a resident for one year* or more, you might apply to a residence and work permit. The current legislation offers the opportunity for Non-EU nationals to modify their residence visa status for a residence and work permit to engage in different professional activities.

* Please note that you exceptionally may request such change without having met the one year requirement mentioned above if you can prove a need to work due to unexpected and recent circumstances to ensure your maintenance.

There are many different residence-work permits, issued for fixed periods of time or certain types of jobs, but you may have to go through several steps of bureaucracy to get all the right documentation together. In our firm, we offer you the guidance and help that you need according to your particular case, whether you are an employer or an employee, in order to receive a positive answer from Spanish authorities.

You will be able to modify your residence status provided you are able to produce evidence of the following requirements for your specific situation:

  • Future employees: if you have received a job offer then you may change your status of residence to residence and paid work initial status. The employer could apply on your behalf or provide you with the needed documents for you to fulfill your own application, such as the employment contract, official company fiscal identity document, original certificates from the Tesoreria General de la Seguridad Social and the Agencia Estatal de Administración Tributaria proving that the company is fully up to date in its tax and social security payments, among others.

    You, as the prospective employee, should submit as well a contract signed by the employer and yourself that guarantees your continued activity during the period of time of the authorization to reside and work.

  • Self-employment: if you have decided to start your own business or carry out any lucrative professional activity, then you may change your status of residence to residence and self-employment initial status. In this case, you must produce a full description of the job and/or the company’s activity if applicable; a document proving that the future investment is sufficient to the development of such activity; and demonstrate as well, that you count with sufficient financial resources for your personal expenses after deducting the necessary costs for the maintenance of the lucrative activity. Finally, you may be required to submit your registration to the Spanish Social Security system, or your NIE.
  • Residence for specific activities: if you are a technician, scientists, professor or a researcher and you have been invited or employed by the State, Autonomous Communities, universities, local authorities or agencies aimed at promoting research and development, you may change the status of residence to residence status except for work authorization. The law includes on this category civilian or military officials of foreign administrations, reporters of foreign media, and religious ministers and members of the hierarchy of churches or other religious groups as well.
  • Researchers: if you have been invited or you wish to engage in a research project within the framework of a hosting agreement signed with a research organization, you may modify your residence status for a temporary residence permit for research work. You must submit a certificate stating that you have been accepted by the research organization where it is outlined its purpose, duration, and material and financial means for its realization.
  • Highly Qualified Professionals: if you can prove a minimum of 5 years of professional experience in an activity that requires a higher education qualification, you may change from status of residence to residence and work situation of highly qualified professionals. You must submit the employment contract; and a certificate proving that the employer has fulfilled its obligations related to its tax and Social Security payments.

As you can see, depending on your case, there are different requirements that you must meet and different documents that you must submit therefore, counting with the appropriate guidance can be helpful. Our Firm along with our staff of specialized attorneys will be ready to help you throughout the process. Contact us now.

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