Modification of the Territorial Scope and Occupation in Initial Residence and Work Authorization

Foreign workers with a valid work permit in Spain can modify their occupational scope and territorial limits. This modification requires the worker to hold the original permit and meet specific legal criteria.

Key Requirements for Modification

1. Valid Employment Contract: Must be signed by both the worker and employer, detailing job duration and compliance with Spanish laws.
2. Professional Qualifications: The worker must demonstrate the necessary qualifications for the proposed job.
3. Employer Requirements: The employer should be registered with Social Security and up-to-date on tax obligations, providing proof of financial capability to meet employment responsibilities.
4. Income Criteria: If the employer is an individual, they must prove sufficient income (100% of IPREM without dependents, 200% for two members, and additional 50% per extra family member).

Employment Situation Considerations

• The job must be included in Spain’s difficult-to-fill occupational catalog, published quarterly by the State Public Employment Service (SEPE). The relevant Foreigners’ Office must confirm that the position is unfilled, supported by SEPE’s certification.

Required Documentation

To initiate the modification, the following documents are necessary:

1. Valid Passport or Travel Document.
2. Official Application Form (EX-03): Completed and signed.
3. Proof of Qualifications: Relevant certifications.
4. Employer Identification:
   • For individuals: Copy of NIE or NIF; or authorization for data verification.
   • For corporations: NIF and registered incorporation documents.
5. Legal Representation Documents: If applicable, confirming the signer’s authority.
6. Employment Contract: Signed by both parties.
7. Financial Solvency Proof: Tax declarations or a business report, including a detailed job description.

All foreign documents must be translated into Spanish and, if necessary, legalized.

Application Process

1. Submission: The application can be made in person by the worker or their legal representative at the Foreigners’ Office or the Labor Dependency Area in the relevant province.
2. Payment of Fees: Residence and work fees must be paid within ten days, using the official Model 790, Code 062 (if the authorization exceeds six months).
3. Resolution Timeline: The application will be resolved within one month; if no response is received, it is considered denied.
4. Post-Approval Actions:
   • After approval, the worker must register with Social Security.
   • They must then apply for the Foreign Identity Card (TIE) within one month, presenting the EX-17 form, proof of fee payment, Social Security registration, and recent photographs.

Conclusion

Modifying the territorial scope and occupation of a work permit in Spain involves a detailed process with specific legal requirements. Ensuring compliance with these regulations is essential for a smooth transition in one’s residency status. For further information, individuals can consult official immigration resources or legal advisors.

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