Modifying the purpose of stay from studies to residence and work permit for paid employment

Modifying the purpose of stay from studies, research, training or internship to initial residence and work permit for paid employment

• Organic Law 4/2000, of 11 January, regarding the rights and liberties of foreign nationals in Spain and their social integration (art. 36 & 38)
• Regulations of the Organic Law 4/2000, approved by the Royal Decree 557/2011, of 20 April (article 199).

Can I modify my authorization of stay from studies to residence and work permit?
This is an temporary residence permit for paid employment requested by the employer or company hiring the worker who is currently in Spain for either studies, research, training or internship.
The family members of the worker who find themselves in Spain with the worker whose purpose of stay is for studies, research, training or internship, may obtain a residence permit for family reunification.
What requirements do I have to fulfill to modify my permit?

• Provide evidence of continuous stay in Spain of at least three years. This requirement is not necessary in the following situations:
• Foreigners who have passed their internship or training in accordance within the regulations of specialized degrees in Health Sciences, obtained in non-EU member States.
• Foreigners in possession of an accredited Degree in Medicine provided that the activity to be developed supplements the Medical Military Corps.
• Provide proof of completion of studies, research, training or internship.
• Not have received grants or have been financed by public or private organization within cooperative programs, Spanish development programs or development programs from country of origin.
• Have no criminal record in Spain or previous countries of residence by all the legal means existing in the Spanish Legal System.
• Submit a contract signed by the employer and the employee that guarantees the employee ongoing work throughout the selected resident and work contract period. The date is conditional on the duration of the residence and work permit for paid employment.
• The conditions laid down in the contract must be fully compliant with the established current regulations. If the contract is for part-time work, the retribution must be equal to or more than the annual minimum wage for full-time work.
• The petitioning employer must be enrolled in the social security system and in compliance with his tax and social security obligations.
• 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.

Required Documentation:
Note: On a general basis, you must provide both originals and copies of all documents upon submitting the application.

1. Two copies of the official application model (EX-03) 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 documentation proving possession of required training, and where applicable, legal professional qualifications required for exercising this profession.
4. Documentation identifying the company requesting the permit.

°If dealing with a one-man company: provide a copy of NIF or NIE, or his consent to access his identification information through the Identity and Residence Information Validation System.
°If dealing with a legal person (S.S., S.L., Cooperative, etc.):
-Copy of the company NIF and a copy of the company memorandum duly enrolled in the corresponding register.
-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. Signed work contract.
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. Provide proof of completion of studies, research, training or internship.
8. Documentation proving to not have received grants or have been financed by public or private organization within cooperative programs, Spanish development programs or development programs from country of origin. To this effect, you may present one of the following:

-Certificate from the Directorate General of Consular Assistance and Affairs accrediting the student’s means of livelihood or grant at the time of visa application request.
-Certificate from the diplomatic mission or consular post in student’s country of origin covering the impossibility of crediting the former requirement, accompanied by a sworn affidavit provided by the interested party declaring that he has not received a grant.  Such certificate provided by the diplomatic mission must indicate why the former certificate has not been provided and the accompanying affidavit must be considered valid on behalf of the student.

9. In the case that the certificate from the diplomatic mission or consular post is not submitted a police background check must be presented. It must be issued by the competent authorities from the student’s country of origin or any countries where he has resided over the last five years before coming to Spain.

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:
Legal party to submit the application: The employer or business owner in person, or an attributing party with legal standing authorized as their legal company representative.  (See corresponding legal standing party table).
Place of submission: Foreigners Office in the province where the services are being provided.   If the company has branches in more than one province and has more than 500 workers, it must be submitted in the Unit of Large Enterprises through the Directorate General of Immigration.   For information regarding telephone numbers and hours of operation you may consult the following page:
http://extranjeros.mtin.es.
Application submission: It must be presented during the period of validity of stay for study purposes.  In no event may you present the application before the 90 calendar day period previous to having fulfilled the three-year permanency requirement for situation of stay for studies.   In the event that the period of stay has expired, the authorization of stay requested will be extended until a final decision is made.
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: 10.30 euro.
Model 790 code 062 to be paid by the employer:
-If remuneration is less than twice the minimum interprofessional wage, section 1.1 for paid employment with residency permit: 192.02 euro.
-If remuneration is equal to or greater than twice the minimum interprofessional wage, section 1.6 for paid employment with residency permit: 384.07 euro.
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: three months starting from the date of entry of application with the competent registering body.  If the applicant has not received notification of resolution by the administration after the three-month period, it can be understood that the request has been denied by administrative silence.
The efficiency of granting the authorization shall be subject to affiliation and registration of 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: 15.15 euro.
4. Statement accrediting affiliation or social security registration.
5. Three recent passport size photos in color with a white background.

 
 
 
Family reunification residence permit for family members who find themselves in a situation of stay with the foreign worker in Spain
 
What permit will my family members have if I modify my student permit?
Family members who find themselves living with the foreign student in a situation of stay for studies, research, training or professional internship may obtain a residence permit for family reunification.
Procedure:
Legal party to submit the application: the foreign worker in person.
Place of submission: Foreigners Office located in the province where the services are being provided.
Along with two copies of the official model EX-02 form, duly filled out and signed by the regrouping worker, the following documentation must be submitted:

• Complete copy of family member’s valid passport or travel document.
• Proof of suitable residence. Provide a report issued by the competent body within the regional community of the family member’s place of residence. Local authorities of the regional community must issue this report.

You may justify this requirement by any means offered by the law in the event that the regional community or the local authorities have not issued and notified the report in the 30 days following the application date.
In this case, the documentation that you submit must include the following:  property title, number of rooms, its intended use for each of the dependencies, and the number of people living there and its living conditions and equipment.  You must also submit a copy of the report issued by the regional community or the local authority.

• Documentation accrediting available financial resources.
• If the family unit consists of 2 people (members seeking reunification), a monthly amount of 150% of IPREM must be provided (799 euro in 2013).
• 50% of the IPREM must be provided for each additional member. (266 euro in 2013)
• In the case that the certificate from the diplomatic mission or consular post is not submitted, a police background check issued by the competent authorities from the student’s country of origin or any countries where he has resided over the last five years before coming to Spain must be presented.
• Fee for temporary residence for family reunification: The commission is due at the time the application is submitted and must be paid within 10 working days.

-Model 790 code 052 section 2.1 Initial temporary residence permit: 10.30 euro.
The payment of fees form may be downloaded and printed from this page: http://www.seap.minhap.gob.es/es/servicios/tasas.html
The granted residence permit for family reunification shall be valid for the same amount of time as that of the resident seeking reunification.
Residence permit for family reunification specifications:  If the permit is for the resident’s spouse, partner or children of working age, then they will be permitted to work for paid or self-employment in any part of Spanish national territory without the need for any other administrative process.
 
Fact sheet Nº65 updated January 2013.
 
Ainhoa Manero is the Parainmigrantes.info Lawyer in Madrid.  If you wish to request an appointment with her you may call us at: 807 502 019 or fill out the Request for Appointment Form (FORMULARIO DE CITA PREVIA).