Modification of Social Ties Residency to Initial Employment Residence

The Social Ties Residency for Training is a relatively new permit, and many of our clients ask if it’s possible to modify it to a work permit once their studies are completed.

What is Social Ties Residency for Training?

The Social Ties Residency for Training is a type of residence permit granted for exceptional circumstances that allows you to live in Spain for one year, renewable or modifiable to another permit, provided that certain requirements are met. One of the most interesting changes is the possibility of modifying this residency into a Residence and Work Permit for Employment, as long as the job is directly related to the training received.

Documentation to Present When Modifying from Social Ties Residency for Training to Employment

• Application Form: Official EX-03 form, filled out in duplicate and signed by the applicant. It is very important to correctly complete the EX-03 form.
• Copy of Passport: A complete copy of the passport, travel document, or registration certificate that is valid.
• Supporting Documents: Documents that prove you meet at least one of the employment conditions mentioned earlier (employment contract, work history report, benefits certificate, etc.).
• Schooling Report (if applicable): A report from the regional authorities or educational center confirming the enrollment of minors under your care who are of compulsory school age.
• Integration Report (if applicable): A positive integration report from the Autonomous Community regarding the foreigner’s integration efforts.

Requirements for Modifying Social Ties Residency for Training to Employment Residency

To apply for the modification of Social Ties Residency for Training to an Employment Residency, you must meet the following requirements:

General Requirements:

• Nationality: You must not be a citizen of a European Union (EU) state, the European Economic Area (EEA), or Switzerland, nor a family member of citizens from these countries subject to the EU citizen regime.
• Residency Time: You must have been in Spain for at least one year on a temporary residency permit under exceptional circumstances.
• Criminal Record: You must have no criminal record in Spain or in your previous countries of residence for the last five years, for crimes that are punishable under Spanish law. (The possibility of renewing the permit may be considered in cases of served sentence, pardon, conditional remission, or suspension of the sentence.)
• Authorization to Work: You must be authorized to work as an employee.
• Minors Under Care: You must have minors under your care enrolled in compulsory schooling during your stay in Spain.

Employment Requirements:

You must prove at least one of the following conditions:

• Labor Continuity: Continuation of the labor relationship that led to the granting of the authorization being modified. (Present a copy of the contract, employer certificate, work history report, etc.).
• Minimum Labor Activity: Having worked for at least three months per year and:
  • Having a valid contract.
  • Having a new contract that ensures continued employment during the validity of the authorization (if part-time, the salary must be equal to or greater than the minimum wage for full-time work on an annual basis).
• Previous Employment Not Interrupted: Prove that your previous employment was not interrupted by causes of your own and that you actively sought employment (present contract copy or supporting documents).
• Unemployment Benefit: Be a beneficiary of a contributory unemployment benefit (present supporting documentation).
• Economic Assistance: Be a beneficiary of public economic assistance for social or labor integration (present supporting documentation).
• Social Security Registration: Have been employed and registered in the Social Security system for a minimum of 9 months within 12 or 18 months within 24, if the employment relationship was not interrupted by causes of your own and you actively sought employment (present work history report).
• Family Reunification: Your spouse or registered partner meets the economic requirements for reunification (present marriage or partnership certificate and income documentation).
• Victims of Gender Violence: In cases of termination or suspension of the contract due to being a victim of gender violence.

Economic Requirements:

• Fee Payment: Pay the corresponding fee for the procedure.

Modification Process:

1. Application Submission: You can submit the application through a specialized lawyer or directly at the Foreigners’ Office.
2. Fee Payment: You must pay the corresponding fee within 10 business days.
3. Resolution: The processing time is 3 months. If it is denied, you can contact a lawyer to appeal.
4. Social Security Registration: The employer must register you in the Social Security system within one month from the granting of the permit.
5. TIE Collection: You must schedule an appointment for fingerprinting and submit the required documents.

It is vital to follow all the steps in the process carefully to ensure a successful modification of Social Ties Residency to Employment Residency.

Time and Benefits of Modifying Social Ties Residency to Employment Residency

• Duration of the Permit: The modification from Social Ties Residency for Training to Employment Residency grants a residence and work permit valid for two years.

Benefits of This Permit:

• Authorization to reside and work: This permit allows you to not only reside in Spain but also work legally, which was not possible with Social Ties Residency for Training.
• Family Reunification: You can bring your family (spouse and children) to live with you in Spain. In the case of ascendants, only if you have Long-Term Residency.
• Path to Nationality: The time spent with this permit counts toward your eligibility for Spanish nationality by residence.
• Access to Public Services: You will be able to access healthcare, education, and other social services.
• Freedom of Movement in the EU: With the modification from Social Ties Residency to Employment Residency, you will have the freedom to travel within the EU without restrictions.

Key Points to Remember:

• The modification from Social Ties Residency for Training to Employment Residency allows you to change your legal status in Spain and work legally for two years.
• To apply for this modification, you must meet certain requirements, including having completed your studies and having a job contract related to your training.
• It is highly recommended to consult with an immigration lawyer to ensure the success of your application and avoid unnecessary delays.
• Obtaining this permit offers numerous benefits, such as the ability to reunite with your family, accumulate time toward nationality, and access public services.

Procedure for Modifying Social Ties Residency for Training to Employment Residency

Who Can Submit the Application:

• The foreigner personally.

Where to Submit the Application:

• In-person: At the competent Foreigners’ Office in your place of residence. You can find the contact information at the following link: Contact information, phone numbers, and public office hours.
• Electronically: Through the Mercurio Foreigners’ platform.

When to Submit the Application:

• Deadline: Within 60 calendar days before the expiration date of the Social Ties Residency for Training authorization.
• Exception: You can also submit the application within three months after the expiration date, but this could trigger a sanctioning procedure.

Fees:

• Accrual: The fees are due upon admission of the application and must be paid within 10 business days.
• Forms: The forms for fee payment can be downloaded from the Public Function Secretary website.
• Models:
  • Model 790, Code 052, subsection 2.3: To be paid by the foreigner.
  • Model 790, Code 062, subsection 2.2: To be paid by the employer.

Resolution Deadline:

• 3 months: The Administration has 3 months to resolve the application.
• Administrative Silence: If no resolution is notified within that period, the application is deemed rejected.
• Notification: The resolution will be notified through the usual channels or, if applicable, by publication in the Official Public Notice Board (TEU) or electronically.

Authorization Validity:

• 2 years: The granted authorization will be valid for two years.

Obtaining the TIE (Foreigner’s Identity Card):

• Deadline: Within one month of the notification of the granting.
• Place: In the National Police Foreigners’ Office. You can find the contact information at the following link: Contact information, phone numbers, and public office hours.

Documents to Submit:

• Foreigner’s Identity Card application (model EX-17).
• Proof of payment of the fee.
• Passport or travel document.
• Proof of affiliation and/or registration in Social Security.
• One recent passport-size color photo.

You must submit the application once the training is completed and within the validity of the Social Ties Residency. Don’t wait until it expires!

Basic Regulations Governing the Modification of Social Ties Residency for Training to Employment Residency

Organic Law 4/2000, of January 11, on the Rights and Liberties of Foreigners in Spain and their Social Integration:

• Article 36: Regulates temporary residence authorizations for exceptional circumstances, including Social Ties Residency for Training.
• Article 38: Establishes the conditions for modifying a temporary residence authorization to a residence and work authorization.

Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20:

• Articles 62 to 69: Develop the requirements and procedures for obtaining a temporary residence authorization for exceptional circumstances, including Social Ties Residency for Training.
• Article 202: Establishes the requirements and procedures for modifying a temporary residence authorization to a residence and work authorization for employment.

Questions and answers about the modification of social ties residency for training to employment residency by hired work.

1. What is the modification of Social Ties Residency for Training to Employment Residency by Hired Work? It is a process that allows foreigners with Social Ties Residency for Training to change their immigration status to one that allows them to work in Spain by hired employment, as long as the job is related to the training they have completed.
2. What are the requirements to apply for this modification?
   • Completion of the studies that led to the Social Ties Residency for Training.
   • A valid work contract that meets legal requirements.
   • Not being a citizen of the European Union, the European Economic Area, or Switzerland, nor a family member of citizens of these countries. Not being in an irregular situation in Spain.
   • No criminal record in Spain or in countries where the individual has previously resided.
   • Compliance with other general requirements, such as not having a ban on entering Spain, etc.
3. What documents do I need to apply for the modification?
   • Application form in the official model (EX-10).
   • A copy of the NIE that proves the Social Ties Residency for Training.
   • A copy of the passport or travel document.
   • Documents proving the completion of studies and professional qualifications.
   • Valid work contract.
   • Company documents offering the contract, such as the NIF, articles of incorporation, etc.
4. Where should I submit the application?
   • The application for the modification from Social Ties Residency for Training to Hired Employment should be submitted to the Foreigners’ Office in the province where you reside.
5. How long does the process take to modify from studies to hired employment? The legal deadline to resolve the application is 3 months.
6. What happens if my application is denied? If the application is denied, you have the right to submit a reconsideration request or an administrative-litigation appeal. It is recommended to seek legal advice in this case.
7. How long is the residence and work permit obtained with this modification valid for? The residence and work permit granted will be valid for two years.
8. Can I renew this permit once it expires? Yes, after the modification from Social Ties Residency for Training to Hired Employment, you can renew it as long as you continue to meet the established requirements.
9. Can I bring my family to Spain with this permit? Yes, after the modification from student residence to hired employment, this permit allows you to apply for family reunification to bring your spouse and minor children.
10. Does this modification allow me to apply for Spanish nationality? Yes, the time of residence with this permit counts towards the time needed to apply for Spanish nationality by residence.
11. Is it recommended to seek the help of a lawyer for this process? Yes, it is highly recommended to consult with an immigration lawyer to ensure that the modification from Social Ties Residency for Training to Employment Residency is complete and correct, and to increase the chances of success.
12. What are the benefits of hiring a lawyer for this process?
    • They will help you gather and prepare all the necessary documents.
    • They will advise you on the requirements and the modification process.
    • They will submit the application correctly and on time.
    • They will represent you before the administration and keep you informed about the status of your application.
    • They will help you file appeals in case of denial.
13. Is it possible to modify a residence permit for exceptional circumstances to hired employment? Yes, it is possible to change a residence for exceptional circumstances to a residence and work authorization by hired employment in Spain. To do so, you need to meet requirements such as having a work contract and demonstrating social integration. This allows the holder to access the labor market regularly.
14. Where can I apply for the EX – 03 form? You can obtain the EX-03 form at the electronic headquarters of the Ministry of Inclusion, Social Security, and Migration, or at the Foreigners’ Office in your city. Make sure to use the updated version to avoid errors in the application.