Modifying EU Community Residence Permit to Residence and Work Permit for Highly Qualified Workers (Due to Marriage Annulment, Separation or Divorce)

Modifying EU Community residence permit to residence and work permit for highly qualified workers due to annulment, separation, divorce, or cancellation of civil union registration.

Organic Law 4/2000 of 11 January on the rights, freedoms and social integration of foreigners in Spain (art. 36 & 38)

Regulation implementation Organic Law 4/2000 approved by Royal Decree of 20 April (article 200)

Royal Decree 240/2007 of 16 February regarding the entry, freedom of movement and residence in Spain of citizens from EU Member States and other States party to the Agreement of the European Economic Area (article 9)

Is it possible to modify my EU community residence permit to a residence and work permit for highly qualified workers if I get divorced?

Yes this is possible. This would be referred to as a residence and work permit for highly qualified professionals for foreigners who currently have an EU citizen family member residence permit and have recently annulled their marriage, divorced, or cancelled their civil union registration. This residence permit is granted to applicants who have higher education qualifications or in exceptional circumstances, have a minimum of five years comparable professional experience.

What requirements do I have to fulfil to apply for this type of residency?

Immigration officials will terminate your current EU citizen family member residence permit. Therefore, card holders in the following scenarios should request a permit modification:
• Direct ascendants or direct descendants of the ex-spouse or ex-partner of the EU citizen family member.
• Ex-spouses or ex-partners who cannot continue to meet the requirements of their existing residence permit because they cannot provide proof of the following:
-Of at least three years of marriage or registered partnership starting from the judicial divorce, annulment or civil union registration cancelation proceedings.
-Of custody of children
-Of having been a victim of domestic violence
-Of having been subject to human trafficking by their spouse or partner
-Of a court ruling or mutual agreement regarding visitation rights when dealing with underage children residing in Spain

Requirements:

• Have no criminal record in Spain nor in any country of prior residence for crimes listed under Spanish law
• Not be prohibited from entry into Spain nor any country in a signed agreement with Spain
• Must submit a contract signed by both the employer and the employee that guarantees the employee ongoing work during the period of validity of the residence and work permit
• The terms and conditions of the employment contract must be in accordance with existing regulations and the gross salary must be at least 1.5 times the gross annual salary for the profession that is being carried out. However, the salary may be 1.2 times the gross annual salary for professions that are in particular need and pertain to groups 1 and 3 of the International Standard Classification of Occupations
• The employer must be registered in the social security system and have no outstanding tax or social security payments.
• The employer must be equipped with sufficient economic material and personal means to carry out the business project and meet the obligations and duties to the worker.
• Where employers are natural persons: 100% of IPREM must be provided if he is not responsible for any family members (532.51 euro a month in 2013), after deducting the dividend payout of the agreed salary.
• If the family unit consists of 2 people, 200% must be provided (1065.02 euro in 2013). If the family unit consists of more than 2 people, he must add 50% of the IPREM to the previous amount for each additional member.
• Possess the required training, and where applicable, legal professional qualifications required for exercising this profession.

What documentation do I need to submit?

Note: As a general rule, you must provide both originals and copies of all documents upon submitting the application.
1. Two copies of the official application model (EX-05) duly filled out and signed by the contracting company. Download the application here.
2. Complete copy of passport or travel document. If applicable, provide the foreign worker’s valid identity card.
3. Copy of criminal background check issued by competent authorities in country or countries of residence over the past five years before arrival to Spain.
4. Identification information from the company requesting the permit.
-Copy of the company NIF and a copy of the company scriptures properly registered in the corresponding registry.
-Copy of the public document certifying the representation of the signatory of the application by the company’s legal representative.
-Copy of NIF or NIE, or consent to access the identity and residence information of the signatory of the application through the Identity and Residence Information Validation System.
5. Work contract signed by the employer and employee.
6. Evidence that the company can guarantee necessary solvency through one of the following possible documents spanning the last three years: copy of IRPF Income Tax declaration, VAT, corporate taxes, or company project report. A specifications report covering occupation undertaking must also be provided.
7. Proof of ability to work for such profession (homologated when necessary).

Important note: Keep in mind that when submitting documents from other countries they must be translated into Castilian Spanish or the co-official language of the territory in which the application is being presented.

Alternatively, all public foreign documentation must be previously legalized at both the Spanish Consular Office, with jurisdiction in the country that has issued the document, and at the Ministry of Foreign Affairs and Cooperation. The only exception to this requirement is if the document has already been apostilled by competent authorities from the issuing country according to the Hague Convention, 5 October 1961, unless it has been legalized under an international convention.

Procedure:

Who must submit the application: The foreign applicant in person.

Place of submission: Foreigners Office in the province where the services are being provided. For information regarding telephone numbers and hours of operation you may consult the following page:

http://extranjeros.mtin.es.

Application submission: It must be submitted within three months after the annulment, divorce or civil union registration cancellation.

Residency and employment fees: The commission is due at the time the application is submitted and must be paid within 10 working days. The fees are the following:

Model 790, code 052 section 2.1 Initial temporary residence permit to be paid by the employee: 10.50 euro.

Model 790 code 062 if the validity of the authorization is equal to or greater than 6 months

-If remuneration is less than twice the minimum interprofessional wage, section 1.2 for paid employment for research: 195.88€ paid for by the employer.

-If remuneration is equal to or greater than twice the minimum interprofessional wage, section 1.7 for paid employment for research: 391.79€ paid for by the employer.

The payment of fees form may be downloaded and printed from this page: http://www.seap.minhap.gob.es/es/servicios/tasas.html

Application resolution period: Both the employer and the employee will be notified of the final outcome of the application. They will be notified 45 days after the application has been submitted. If administration officials have not notified the employer nor the employee within that time frame, then it shall be understood that the application has been rejected due to administrative silence.

http://explotacion.mtin.gob.es/terex/busqueda.do

The efficiency of granting the authorization shall be subject to proper registration of the employee in the social security system.

One month after the employee has been registered in the social security system, he must personally request the foreigner identification card in the immigration office or at the police station in the province that processed the authorization. For further information regarding office hours of operation and scheduling of appointments, you may consult the following page:

http://www.seap.minhap.gob.es/servicios/extranjeria.

The applicant must submit the following when applying for the foreigner identification card:
1. Passport or travel document
2. Foreigner identification card application form EX-17. You must download this form.
3. Proof of payment of the corresponding fee: 15.45€.
4. Proof of social security registration.
5. Three recent passport size photos in color with a white background.

International Standard Classification of Occupations:

• MAJOR GROUP 1: CHIEF EXECUTIVES, SENIOR OFFICIALS, PUBLIC ADMINISTRATION AND CORPORATE MANAGERS

o 12 CORPORATE MANAGERS
 121 MANAGING DIRECTORS AND CHIEF EXECUTIVES
 122 PRODUCTION AND OPERATIONS DEPARTMENT MANAGERS
 123 OTHER DEPARTMENT MANAGERS
o 13 MANAGERS OF SMALL ENTERPRISES
 131 MANAGERS OF SMALL ENTERPRISES

• MAJOR GROUP 2: SCIENCE PROFESSIONALS AND INTELLECTUALS

o 21 PHYSICAL, CHEMICAL, MATHEMATICAL AND ENGINEERING SCIENCE PROFESSIONALS
211 PHYSICISTS, CHEMISTS AND RELATED PROFESSIONALS
 212 MATHEMATICIANS, STATISTICIANS AND RELATED PROFESSIONALS
 213 COMPUTING PROFESSIONALS
 214 ARCHITECTS, ENGINEERS AND RELATED PROFESSIONALS
o 22 LIFE SCIENCE AND HEALTH PROFESSIONALS
 221 LIFE SCIENCE PROFESSIONALS AND OTHER DISCIPLINE RELATED PROFESSIONALS
 222 DOCTORS AND HEALTH PROFESSIONALS (EXCEPT NURSING AND MIDWIFERY PROFESSIONALS)
 223 NURSING AND MIDWIFERY PROFESSIONALS
o 23 TEACHING PROFESSIONALS
 231 COLLEGE, UNIVERSITY AND HIGHER EDUCATION PROFESSIONALS
 232 SECONDARY EDUCATION TEACHING PROFESSIONALS
 233 PRE-SCHOOL AND PRIMARY EDUCATION TEACHING PROFESSIONALS
 234 SPECIAL EDUCATION TEACHING PROFESSIONALS
 235 OTHER TEACHING PROFESSIONALS
o 24 OTHER SCIENTIFIC PROFESSIONALS AND INTELLECTUALS
 241 BUSINESS AND ADMINISTRATIVE PROFESSIONALS
 242 LEGAL PROFESSIONALS
 243 ARCHIVISTS, LIBRARIANS, DOCUMENTALISTS AND OTHER RELATED INFORMATION PROFESSIONALS
 244 SOCIAL SCIENCE SPECIALISTS AND RELATED PROFESSIONALS
 245 WRITERS AND CREATIVE OR PERFORMING ARTISTS
 246 RELIGIOUS PROFESSIONALS

Translated by: Katherine Pascal