What if your circumstances change and you need to work to support yourself in Spain? Or perhaps you want to start your own business? In these cases, the non-lucrative residence permit may no longer be the most suitable option, making it necessary to modify it to a permit that allows you to engage in work activities. Below, we explore the situations where modifying your non-lucrative residence becomes necessary and guide you through the steps for successfully completing this process.
What Is the Modification from a Non-Lucrative Residence to an Employee Work Residence?
The non-lucrative residence permit allows you to live in Spain but not to work. If your circumstances change and you need to generate income, you can request a modification to obtain a temporary residence and work permit as an employee.
This legal provision allows an employer in Spain to hire a foreigner who has legally resided in the country for at least one year but does not currently have permission to work.
Do you have questions about how to complete this process? At Lexmovea, we provide expert, personalized advice to guide you through the modification process and help you achieve your employment goals in Spain. Contact us today!
Who Can Submit the Application to Modify a Non-Lucrative Residence to an Initial Residence and Work Permit as an Employee?
There are two main ways to submit this application:
- Through an Immigration Lawyer
- This option is highly recommended as it speeds up the process and provides expert guidance, increasing the chances of success. At Hernández Castillo Abogados, we offer a telematic submission service for applications to any Immigration Office in Spain within 24 hours.
- Through the Employer
- Individual Employer: The employer can submit the application directly.
- Corporate Employer: The legal representative of the company, with the power of representation, must submit the application.
Where Is This Modification to an Employee Work Permit Submitted?
Submission Location: The Immigration Office in the province where the work will be performed.
What Is the Deadline to Resolve the Modification to a Residence and Work Permit as an Employee?
Resolution Deadline: The maximum time to resolve the application is three months from its receipt by the Immigration Office or from the assignment of an application number in the case of telematic submission.
Processing the Residence and Work Permit as an Employee
To modify your non-lucrative residence to one that allows you to work as an employee, you must meet specific requirements and provide the necessary documentation.
Requirements for Modifying a Non-Lucrative Residence to an Employee Work Permit
To transition from a non-lucrative residence to a work permit as an employee, you must meet the following criteria:
- Legal Residence in Spain for at Least One Year: Exceptions may apply in cases of unforeseen need.
- Non-EU Citizenship: You must not be a citizen of the European Union, the European Economic Area, or Switzerland, nor a family member of such citizens.
- Regular Stay: You must not be irregularly present in Spain.
- Clean Criminal Record: You must have no criminal record in Spain or previous countries of residence.
- Entry Permission: You must not be prohibited from entering Spain or listed as inadmissible in countries with agreements.
- No Return Commitment: You must not be subject to a non-return commitment to Spain.
- Signed Work Contract: The contract must comply with current regulations.
- Employer Compliance: The employer must be registered with Social Security and up to date with tax and Social Security obligations.
- Employer’s Financial Solvency: The employer must demonstrate sufficient economic resources. If the employer is an individual, they must show sufficient income after deducting the agreed salary.
- Fee Payment: Pay the applicable fees for the residence modification.
Required Documents for the Modification
To process this procedure, you must submit the following documents to modify your non-lucrative residence:
General Documents
- Application Form: Official form EX-03 (or MODO8a in Catalonia), properly completed and signed by the employing company.
- Copy of Complete Passport or Travel Document.
- Copy of Foreigner Identity Card (TIE).
- Proof of Qualifications: Documentation proving your qualifications and, if necessary, the professional certification required for the position.
- School Enrollment Report for Dependents: If applicable, issued by the relevant educational authorities.
Additional Documents if the Employer is a Company
Company Identification:
- Individual Employer: Copy of NIF or NIE, or consent to verify identity details.
- Legal Entity: Copy of the company’s NIF, copy of the registered articles of incorporation, copy of the document proving the legal representation of the signatory and their NIF or NIE, or consent to verify identity details.
Proof of Company Solvency:
- Copy of the IRPF, VAT, Corporate Tax Declaration, or the company’s labor life report (VILE) for the last three years, along with a descriptive report of the tasks to be performed.
Additional Documents if the Employer is an Individual (Domestic Service)
- Copy of the Employer’s NIF or NIE: Or consent to verify identity details.
- Copy of the Last IRPF Declaration: Or income certification or documentation proving sufficient financial solvency to hire the employee.
Important Considerations for Changing from Non-Lucrative Residence to Self-Employed Work
Translation and Legalization:
Documents in languages other than Spanish must be translated by a sworn translator, unless exceptions are established in international agreements. Additionally, documents must be properly legalized as follows:
- Diplomatic Route: For countries that are not signatories to the Hague Convention.
- Hague Apostille: For signatory countries.
- Bilateral Agreements: Between countries.
- Other Legalization Methods: As applicable.
Procedure to Modify from Non-Lucrative Residence to Work Residence as an Employee
The modification from non-lucrative residence to a residence and work permit as an employee involves several key steps:
1. Submission of the Application for Modification
The application for the modification of non-lucrative residence to work and residence can be submitted by:
- The Hiring Company: It can be done directly or through an immigration lawyer.
- The Employer: If the employer is an individual, they can submit it personally. If the employer is a legal entity, the legal representative of the company must submit the application.
The application is submitted at the Immigration Office of the province where the work will be performed, or at the Generalitat de Catalunya if it is within that autonomous community.
2. Payment of Fees and Submission of Documentation
After submitting the application for the visa change, the following steps should be followed:
Fees:
- Form 790, Code 052 (initial temporary residence authorization), to be paid by the foreign worker.
- Form 790, Code 062 (or special fee in Catalonia), to be paid by the employer, based on the agreed salary.
Documentation:
Please refer to the previous section for a list of specific required documents.
3. Follow-Up on the Application and Notification of the Resolution
During the process, you can check the status of your immigration application. The process concludes with a notification of the resolution, either granting or denying the modification from non-lucrative residence to work as an employee.
4. Social Security Registration (If the Application Is Approved)
If the application is approved, the employer must register the worker with Social Security within one month of the notification.
5. Obtaining the Foreigner Identity Card (TIE)
Once the modification to residence and work is granted, you must apply for the TIE at the Immigration Office or National Police Station, after scheduling an appointment for fingerprinting.
For the appointment, you will need:
- Certificate of registration if you have changed address.
- TIE application form (official form EX-17).
- Proof of payment of fee Form 790, Code 012.
- Original passport or travel document.
- Three recent color photos (ID format).
- Copy of the grant resolution.
Frequently Asked Questions About Modifying from Non-Lucrative Residence to Residence and Work as an Employee
Here are some frequently asked questions about modifying residence from non-lucrative to work as an employee:
- When Will My New Residence and Work Permit Be Valid? The temporary residence and work permit will only be valid once the worker is registered with Social Security. Until this step is completed, you cannot legally start working in Spain or change your residence status.
- If I Have Family Members in Spain with Non-Lucrative Residence, What Can They Do? Your family members who are accompanying you in Spain with non-lucrative residence can apply for family reunification to adapt to your new situation. You can find more information about the requirements for modifying your residence to work and the process [here]. Remember that only certain family members can be reunited, and for ascendants, a long-term residence permit is required.
- How Long Does the Residence Permit Last After Modifying from Non-Lucrative to Work as an Employee? As it is a modification of an existing permit, you will be granted a residence and work permit as an employee with an initial duration of two years. After this period, it can be renewed for an additional four years, unless you meet the requirements to apply for long-term residence.
- Is It Possible to Work with a Non-Lucrative Residence? No, with a non-lucrative residence, you cannot change your residence to work in Spain, as this type of permit is designed only for residing without engaging in paid activities. However, if you are interested in starting to work, you have the option to modify your residence to a residence and work permit as an employee, provided you meet the necessary requirements for this transition, commonly known as “work permit renewal for employed work.”
- Do You Have More Questions About the Process of Modifying Residence to Work as an Employee? Feel free to contact Lexmovea! Our team of immigration experts is ready to provide you with the advice you need to successfully navigate the process of modifying your residence and work permit.