Introduction
Life can present unexpected situations that force us to reconsider our plans. One such circumstance may be the need to secure income through employment, necessitating a modification of our residence permit in Spain. This article will explore how to modify non-lucrative residence to residence and work by contract, a crucial process for those seeking to maintain a decent quality of life in the country.
If you hold a non-lucrative residence permit and wish to start working, whether as an employee or independently, it is essential to apply for this modification. We will break down the process, requirements, and necessary documentation needed to execute this change of status.
What is the Modification from Non-Lucrative Residence to Residence and Work by Contract?
Non-lucrative residence permits allow foreigners to reside in Spain without the ability to work, as this type of permit does not authorize employment. The modification to residence and work by contract allows foreigners already legally residing in Spain to obtain the necessary authorization to work. This is especially vital for those who have found a job offer or need to work to ensure their livelihood.
The modification involves applying for a temporary residence and work authorization by a contractor or employer who wishes to hire a foreign worker already residing in Spain.
Requirements for Modifying Residence from Non-Lucrative to Work
To access this modification of residence, it is essential to meet a series of requirements established by Spanish regulations. Below are the main requirements that must be fulfilled:
- Legal Residence for at Least One Year: You must have legally resided in Spain for at least one year. However, in exceptional cases, the modification can be requested without meeting this requirement if urgent need for work to survive is demonstrated.
- Criminal Background Check: You must have no criminal record in Spain and not be inadmissible in countries with which Spain has agreements.
- Pre-Employment Contract: You must have a pre-employment contract signed by both the employer and the employee. This document must establish that the employment will commence upon the approval of the permit.
- Compliance with Regulations: The conditions in the employment contract must comply with current regulations, including collective agreements and the Minimum Wage Law.
- Employer Registration in Social Security: The employer requesting the authorization must be registered in the Social Security system and up-to-date with payments to the Tax Agency.
- Financial Means of the Employer: The employer must have the financial means necessary to ensure the viability of the job offer.
- Professional Qualification: You must have the necessary qualifications or training for the job you are applying for.
Necessary Documentation
Gathering the appropriate documentation is crucial for the application for the modification of residence. Below are the documents you must present:
- Application Form (Model EX–03): Complete the official application form.
- Copy of Passport: Provide a complete copy of your valid passport or travel document.
- Professional Qualification: Include a copy of the required qualification or training for the position.
- Employer Documentation:
- If the employer is a sole proprietor: a copy of their NIF or NIE (Foreigner’s Identity Number).
- If the employer is a company:
- A copy of the company’s NIF and the registered incorporation deed.
- A copy of the deed that recognizes the legal representative who signs the pre-employment contract.
- Signed Employment Contract: Submit the signed employment contract between the employer and the employee.
- Financial Documentation: Provide documentation demonstrating the company’s financial solvency over the past three years.
- Descriptive Report: A report detailing the functions to be performed in the job position.
How to Submit the Documentation
Once you have gathered all the necessary documentation, the next step is to submit your application for modification. There are two ways to do this: in person or electronically.
In-Person Submission
- Appointment: It is necessary to make an appointment at the corresponding immigration office.
- Complete Documentation: Attend the appointment with all required documents. It is advisable to bring both copies and originals.
- Payment of Fees: You will need to pay the corresponding fees at the time of submission.
Electronic Submission
- Access the Platform: If you prefer the electronic route, you can submit your application through the online platform of the Ministry of Labor and Immigration.
- Online Form: Complete the online application form and upload the documentation in digital format.
- Payment of Fees: Make the payment of fees electronically through the system.
Ministry of Labor and Immigration
The Ministry of Labor and Immigration is the body responsible for managing applications for modifications of residence permits and work in Spain. It is crucial to stay informed about the guidelines and regulations published by this ministry, as they can influence the requirements and procedures for applications.
The response time from the ministry is typically three months. If no response is received within this period, the application is considered denied due to administrative silence. Therefore, it is essential to stay alert for any communication from the ministry.
Conclusion
Modifying your non-lucrative residence to residence and work by contract is a process that requires meeting a series of requirements and submitting the appropriate documentation. This change not only allows you to work in Spain but also provides the opportunity to improve your quality of life.
While the process may seem complex, having the assistance of a specialized immigration lawyer can facilitate the management and ensure that no issues arise with your application. Do not hesitate to seek professional help if you feel it is necessary, so your procedure is carried out efficiently and effectively.
If you have questions or need more information about the process, feel free to leave your comments or consult directly with a professional. We wish you great success on your new employment journey in Spain!
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.
