Renewal of the Temporary Residence and Work Permit as an Employee

Many non-EU foreigners contribute to the Spanish labor market by working as employees. If you find yourself in this situation and need to renew your residence and work permit, we will provide detailed information on the renewal requirements, the documentation, and the procedure to follow.

Requirements for the Renewal of the Employee Residence Permit

To renew your residence and work permit as an employee, you must meet the following requirements:

• Non-EU Citizenship: You must not be a citizen of the European Union, European Economic Area, or Switzerland, nor a family member of such citizens. This requirement is one of the most important to fulfill in order to renew your temporary residence and work permit as an employee.
• No Criminal Record in Spain.
• No Entry Prohibition: You must not be prohibited from entering Spain or listed as inadmissible in countries with agreements.
• Proof of Schooling for Dependents: If applicable, you must prove that your minor children, who are of compulsory school age, are enrolled in school.
• Payment of Fees: Pay the corresponding fees.
• Meet at Least One of the Following Conditions:
  • Job Continuity: Maintain the same employment relationship that allowed you to obtain your initial permit.
  • Minimum Employment Activity and New Situation: You must have worked at least 3 months per year and meet one of the following conditions:
    • Have a new contract in line with your authorization and be registered with Social Security.
    • Have a new contract that meets the requirements and whose validity starts upon the granting of the renewal.
    • If you lost your previous job for reasons beyond your control and are actively seeking employment, registered with the Public Employment Service.

It is essential to meet at least one of the conditions mentioned above in order to qualify for the residence and work permit as an employee.

• Unemployment Benefits:
  • You must be granted a contributory unemployment benefit.
  • You must be the recipient of an economic assistance benefit for social or labor integration.
• Gender-Based Violence: If your employment relationship was suspended or terminated due to gender-based violence.
• Labor Activity and Active Job Search: You must have worked and been registered with Social Security for at least 9 months in one year or 18 months in two years, as long as:
  • Your last employment ended for reasons beyond your control.
  • You have been actively searching for employment.
• Family Reunification: If your spouse or de facto partner meets the economic requirements for family reunification:
  • The family unit must prove monthly income of 150% of the IPREM if there are two members.
  • For each additional member, 50% of the IPREM is added to the previous amount.

Documentation for Renewing the Temporary Residence and Work Permit as an Employee

To start the renewal process for the residence and work permit as an employee, you must present the following documents:

• Application Form (EX-03): Completed and signed in duplicate by the worker. The EX-03 form is essential for the renewal of the residence permit.
• Complete Passport or Valid Travel Document: Copy of your passport or travel document.
• Certificate of Registration: If you have changed your address since obtaining your residence card, you must present an updated certificate of registration (empadronamiento).
• School Enrollment Certificate: If you have minor children under your care of compulsory school age, you must present a certificate from the relevant educational authorities or the school they attend. If you do not have children in Spain, present a declaration to that effect.
• Integration Report (Optional): You can submit a report from the Autonomous Community where you reside that demonstrates your participation in training activities and your knowledge of official languages. This can be positively valued by the Immigration Office.
• Paid Fees: If you are unable to download the fees, they will be sent to you by mail or electronically, according to the information you provided in the EX-03 application (EX-03 – application for temporary residence and work permit as an employee).

Documentation Based on the Renewal Case

• A. Continuity in the Same Employment Relationship:
  • No additional documentation is required.
• B. Minimum Employment Activity of 3 Months per Year and New Contract with Social Security Registration:
  • No additional documentation is required.
• C. Minimum Employment Activity of 3 Months per Year and New Employment Contract:
  • Present a copy of the new contract that meets the legal requirements.
• D. Minimum Employment Activity of 3 Months per Year, Employment Relationship Interrupted for Reasons Beyond Your Control, and Active Job Search:
  • Proof that the previous employment relationship ended for reasons beyond your control.
  • Proof of active job search (registration with the Public Employment Service, participation in training courses, etc.).
• E. Contributory Unemployment Benefits:
  • Proof of the granting of contributory unemployment benefits.
• F. Economic Assistance Benefits:
  • Proof of the granting of economic assistance benefits.
• G. Employment Relationship Suspended or Terminated Due to Gender-Based Violence:
  • Proof of being a victim of gender-based violence (protection order, report from the Public Prosecutor’s Office, etc.).
    • Proof that the employment suspension or termination was due to gender-based violence.
• H. Worked and Registered with Social Security for at Least 9 Months in One Year or 18 Months in Two Years:
  • Proof that the previous employment relationship ended for reasons beyond your control.
  • Proof of active job search.
• I. Spouse or De Facto Partner with Sufficient Financial Means for Family Reunification:
  • Proof of marital or de facto relationship.
  • Proof of your spouse or partner’s financial means.

Important Considerations

Make sure to submit the appropriate documents based on your case in order to successfully complete the renewal process for your residence and work permit as an employee.

Procedure for Renewal

The process of renewing your residence and work permit can be complex, so it is always recommended to seek advice from an immigration lawyer. However, in broad terms, these are the steps to follow for the renewal of work permits:

1. Submission of the Application
   • The applicant or their legal representative must submit the application.
2. Where to Submit:
   • Preferably at the Immigration Office of the province where you reside.
3. Submission Deadline:
   • Ideally, submit within 60 days before the expiration of your residence permit. There is a 90-day extension after the expiration, but submitting late may result in a fine. Submitting on time extends the validity of your previous authorization until the process is resolved.
4. Resolution Deadline:
   • The administration has 3 months to resolve the application.
5. Administrative Silence:
   • If the administration does not resolve or notify a denial within the established time, the renewal is considered granted by administrative silence. You can request a certificate to confirm this.
6. Appeal in Case of Denial:
   • If the renewal is denied, you can file an administrative or judicial appeal. Contact us for specific legal advice.

Resolution and Validity of the Residence and Work Renewal

If the administration does not notify a resolution regarding the renewal of the temporary residence and work permit within the established period, the application will be considered approved by administrative silence. You can request a certificate to confirm the renewal. If notification was not possible, it will be published on the Tablón Edictal Único (TEU) or the electronic platform, as applicable. Please note that the notification will remain published on the Tablón Edictal for 20 days.

The renewal of the temporary residence and work permit is valid for 4 years and allows you to work in any occupation and location in Spain.

Obtaining the Foreigner Identity Card (TIE) After Renewal

After the notification of the temporary residence renewal that authorizes work, you must personally request the TIE at the corresponding Immigration Office or National Police Station within one month.

Documents Required for the TIE Process:

• TIE Application Form (Official Form EX-17). You can download the form [here].
• Proof of Payment of the Corresponding Fee.
• Original Passport or Travel Document to verify your identity.
• Three Recent Color Photographs (ID size and white background).

Legal Framework for Renewing the Residence and Work Permit

The renewal of the temporary residence and work permit is governed by the following regulations:

• Organic Law 4/2000, of January 11, on the Rights and Liberties of Foreigners in Spain and their Social Integration (Articles 36, 38, and 40).
• Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (Article 71), which addresses how to renew a work permit in Spain.

Frequently Asked Questions About the Renewal of the Temporary Residence and Work Permit

1. When Should I Apply for the Renewal of My Temporary Residence and Work Permit? The renewal should be requested within 60 days before the expiration of your current permit. However, it can also be submitted within 90 days after the expiration, though late submission may incur a fine.
2. How Long Does it Take to Resolve the Renewal Application? The legal deadline for resolving the renewal request is 3 months from the day the application is registered. If no response is received within this period, the renewal is considered denied by administrative silence.
3. What Happens if My Work Permit Renewal is Denied? If your renewal application is denied, you can file a replacement appeal within one month from the denial notice, or a judicial appeal within two months before the courts.
4. Can I Continue Working While My Renewal is Being Processed? Yes, you can continue working while the renewal is being processed, as long as you submitted the application within the established timeframe (60 days before or 90 days after expiration). During this period, your residence and work status remain regular.
5. What Happens if I Lose My Job Before Applying for the Renewal? If you lose your job before applying for renewal, you can still renew your permit if:
   • You have worked at least 6 months in the last year or 9 months in the last 18 months.
   • You are registered as a job seeker and have started a new employment contract.
     In some cases, it is also possible to renew if you can prove that the job loss was involuntary and you have been actively seeking a new job.
6. Can I Change Employers During the Renewal Process? Yes, it is possible to change employers during the renewal process, as long as you meet the established requirements and notify the competent authorities. You must submit the new work contract along with the renewal application.
7. What Happens if I Don’t Apply for the Renewal on Time? If you don’t apply for the renewal within the 60 days before the expiration or within 90 days after, you may face a fine and complications in regularizing your status. In extreme cases, your authorization could be invalidated, and you would need to apply for a new one from the beginning.
8. Is it Necessary to Hire a Lawyer for the Renewal Process? It is not mandatory to hire a lawyer for the renewal of your work and residence permit, but seeking help from an immigration lawyer can be very useful, especially if your situation is complicated or you have doubts about the process. A lawyer can ensure that all documents are in order and that the renewal application is submitted correctly to avoid delays or mistakes that may harm your case.
9. Can I Renew My Permit if I’m Outside of Spain? It is recommended to be in Spain during the renewal process. If you are outside the country, you may face difficulties, as some of the required documents, authorization notices, and notifications may require your physical presence in Spain for the renewal of the temporary work permit.
10. How Long is the Permit Valid After Renewal? The renewal of the residence and work permit generally lasts for two years for the first renewal of the residence and work card as an employee, and the same period applies for the second renewal. After the third renewal, the authorization may be extended for five years, leading to long-term residence.
11. Does Temporary Residence Authorize Me to Work? Yes, temporary residence permits can authorize you to work in Spain, but this depends on the type of permit you have. If you have a temporary residence for work as an employee or self-employed, you are authorized to work. However, if your residence is for studies or non-lucrative purposes, you cannot engage in work activities. Therefore, the temporary residence and work permit as an employee could be your best option.
12. What Are the Requirements to Renew the First Work and Residence Permit as an Employee? To renew the first residence and work card, you need to remain in active employment, be up to date with Social Security payments, not have been outside Spain for more than six consecutive months, and provide updated documentation.
13. What Are the Requirements for the Second Renewal of the Work and Residence Permit as an Employee? The requirements for the second renewal are basically the same as the first renewal: you must remain in active employment, be registered with Social Security, not have been outside Spain for more than six consecutive months, and submit the updated documentation.
14. Is This Permit the Same as the Renewal of Residence for Labor Immigration? Yes, the labor immigration permit cannot be renewed in the same way, but it should be modified into a temporary residence and work permit, instead of renewing the labor immigration