Spain: Renewal of temporary residence and self-employment authorization
5 min readRenewal of temporary residence and self-employment authorization: It is the renewal of the temporary residence and self-employment authorization.
BASIC REGULATIONS
Organic Law 4/2000, of January 11 on Rights and Freedoms of Foreigners in Spain and their Social Integration (articles 25 bis, 36 and 37).
Royal Decree Law 19/2012, of May 25, on urgent measures to liberalize trade and certain services.
Law 30/1992, of November 26, on the Legal Regime of Public Administrations and the Common Administrative Procedure.
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 103 to 109).
Instruction DGI / SGRJ / 05/2007, on the incorporation, to the temporary residence and self-employment authorization files, of certain reports that will be considered as means of proof of compliance with certain regulatory requirements, without prejudice to any other evidence admitted in law.
REQUIREMENTS
Not to be a citizen of a State of the European Union, of the European Economic Area or of Switzerland, or relative of citizens of these countries to which the regime of citizen of the Union applies.
Lack a criminal record in Spain.
Not be prohibited from entering Spain and not appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.
Where appropriate, accredit the schooling of minors under their charge of compulsory school age.
Be able to prove one of the following assumptions:
Continue with the activity that gave rise to the authorization to be renewed, provided that the tax and Social Security obligations have been fulfilled.
That the spouse or the person with whom the worker maintains a similar relationship to the spouse has sufficient economic requirements to regroup.
If the family unit includes two members, the minimum amount to be accredited is that which represents 150% of the IPREM monthly. If the family unit is composed of more than two members, for each additional member, 50% of the IPREM mentioned must be added to 50% of the IPREM.
REQUIRED DOCUMENTATION
Note: in general, copies of the documents must be provided and the originals must be displayed at the time the application is submitted.
Application form in official form (EX – 07) in duplicate, duly completed and signed by the worker. This form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
Full copy of valid passport or travel title.
If applicable, a report issued by the regional authorities, or those competent in each case, or of the educational center that accredits the schooling of the minors in their care who are of compulsory school age.
Documentation according to the assumption for which renewal is requested:
If you continue with the employment relationship that gave rise to the granting of the authorization to be renewed.
Documentation to provide:
Income Tax Return, or VAT, or Corporation Tax.
If the worker’s spouse has sufficient economic requirements to regroup the worker.
Documentation to provide:
Documentation accrediting the existence of the marriage or the relationship.
Accreditation of economic means.
If you are granted protection for cessation of activity.
Documentation to provide:
Accreditation of the grant of protection.
In the event of not being able to prove any of the required requirements, a report from the Autonomous Community of your place of residence on your integration effort may be provided.
Important note: when documents from other countries are provided, they must be translated into Spanish or co-official language of the territory where the application is submitted.
On the other hand, any foreign public document must be previously legalized by the Consular Office of Spain with jurisdiction in the country in which said document has been issued or, where appropriate, by the Ministry of Foreign Affairs and Cooperation except in the case in which said document has been apostilled by the competent Authority of the issuing country under the Hague Convention of October 5, 1961 and unless said document is exempt from legalization under the International Convention.
Be a beneficiary of the protection for cessation of activity.
PROCESS
Subject legitimate to submit the application: the worker personally or through representation.
Place of presentation: any public registry and addressed to the Immigration Office corresponding to the province in which the worker resides. The address information, telephone numbers and customer service hours can be consulted at http://www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html.
Application deadline: during the 60 calendar days prior to the expiration date of the authorization. It can also be requested within 90 calendar days after the date on which the authorization period expired, without prejudice to the possibility of the corresponding sanctioning procedure being initiated.
The submission of the application in time extends the validity of the previous authorization until the resolution of the procedure.
The residence and work rates: will be accrued at the time of admission to the application process, and must be paid within ten business days, they are:
Model 790 code 052, section 2.2 renewal of temporary residence authorization
Model 790 code 062, section 2.1 renewal or modification of a work authorization processed in a temporary residence and work authorization procedure
The payment form can be downloaded from the Internet portal of the Secretary of State for Public Administration
Deadline for resolution of the application: 3 months from the day following the date on which it had entered the registry of the competent body for processing. After this period has elapsed without the Administration having made the notification, it will be understood that the request has been estimated due to administrative silence. (When it has not been possible to notify the resolution, it will be announced on the Single Edictal Board (TEU) https://www.boe.es/tablon_edictal_unico. If you had opted for electronic or regulatory notification, you were obliged to use that medium, the resolution will be will notify by publication in the electronic headquarters. If the resolution is not accessed within 10 business days of its publication, it will be notified).
The validity of the renewal of residence and self-employment authorization is for two years.
Within one month of notification of the renewal, the worker must personally request the Foreigner Identity Card at the Aliens Office or Police Station of the province where the authorization has been processed. To see where to go, the schedule and if you have to make an appointment, you can consult: http: //www.seap.minhap.gob.es/web/servicios/extranjeria/extranjeria_ddgg.html
The applicant will display his passport or travel document at the time of the fingerprint process and will provide:
Application for Foreigner Identity Card, in official form (EX-17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/index.html
Proof of payment of the card fee
Three recent color photographs, in white background, passport size.
*The content of this page is merely indicative. Only the provisions of the regulations in force at the time the application is submitted is applicable.
Last update: 01/2016
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