The modification of the community regime involves obtaining residency and work authorization in Spain for foreigners who have lost their residency rights due to marital nullity, divorce, or cancellation of their registered partnership. This process is vital for safeguarding the rights of individuals adjusting their immigration status.
1. Types of Authorization
Foreigners can obtain work authorization under specific circumstances, such as:
- Former Spouses who can no longer maintain residency rights.
- Ascendants and Descendants of the former spouse or partner of a Union citizen.
2. Applicable Regulations
Key regulations guiding this process include:
- Organic Law 4/2000 on foreigners’ rights in Spain.
- Regulation of Organic Law 4/2000, detailing procedures and requirements.
- Royal Decree 240/2007, focusing on free movement and residency of EU citizens.
3. Requirements for Authorization
Applicants must meet several requirements, including:
- No criminal record in Spain or previous countries of residence.
- Not being prohibited from entering Spain.
- Having a signed employment contract guaranteeing continuous activity.
- Being registered with the appropriate Social Security regime.
4. Required Documentation
To submit the application, the following documents are needed:
- Official application form (model EX-03).
- Valid passport or residence certificate.
- Criminal record certificate for the last five years.
- Company identification documents.
All foreign documents must be translated into Spanish and, if needed, legalized.
5. Application Procedure
The procedure involves:
- Submitting the Application: This can be done in person at the appropriate Foreigners’ Office or electronically through the designated platform.
- Submission Deadline: Applications must be submitted within three months of receiving notification of marital nullity or divorce.
- Administrative Fees: Fees must be paid, which vary based on the applicant’s employment status.
- Decision Timeline: A decision is made within three months; failure to respond means the application is deemed rejected.
6. After the Resolution
Once authorized, the applicant must:
- Register with the corresponding Social Security regime.
- Apply for a Foreign Identity Card (TIE) within one month of notification.
Conclusion
Understanding the modification of the community regime for residency and work authorization after marital dissolution is crucial for those navigating changes in their immigration status. Familiarizing oneself with the requirements, regulations, and procedures can significantly ease this transition.
Additional Resources
For more information and up-to-date guides on this process, consider visiting official immigration websites or consulting an immigration lawyer.
We have experience in this type of procedure, so if you need any assistance, please do not hesitate to set an appointment or contact us.
