Spain: Renewal of temporary residence and work authorization.
7 min readRenewal of temporary residence and work authorization: It is the renewal of the authorization of temporary residence and work for others.
BASIC REGULATIONS
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (articles 36, 38 and 40).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 71 and 72).
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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.
Pay the fees for processing the temporary residence authorization and the one related to the authorization of work for others.
Be able to prove one of the following assumptions:
Continue with the employment relationship that gave rise to the granting of the authorization whose renewal is intended.
Have carried out work activity for a minimum of six months per year and:
Having signed a new employment contract and being registered or assimilated at the time of the application, or
Have a new contract that guarantees the work activity of the worker and with the beginning of validity conditioned on the concession of the renewal.
Have carried out the activity for a minimum of three months per year provided that:
The employment relationship that gave rise to the authorization was interrupted for reasons beyond the control of the worker.
Employment has been actively sought by registering with the Public Employment Service competent as a complainant.
Have a valid employment contract.
Have a contributory unemployment benefit granted.
Be a beneficiary of a public welfare benefit intended to achieve their social or labor insertion.
Having terminated or suspended the employment relationship as a result of the worker being a victim of gender violence.
Have been working and registered in Social Security for a minimum of nine months in a period of twelve, or eighteen months in a period of twenty four, provided that:
The last employment relationship would be interrupted for reasons beyond the worker’s control.
You have actively sought employment.
The worker’s spouse or common-law partner has sufficient financial requirements to regroup the worker.
If the family unit includes two members, the minimum amount to be accredited is that which represents 150% of the IPREM monthly,. For each additional member, 50% of the IPREM must be added.
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 – 03) 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.
In case of having minors in their age of compulsory schooling, a report issued by the competent authorities, autonomous or state, or of the educational center.
The report of the integration of the Autonomous Community of your place of residence, in which the participation in training activities and knowledge of the official languages can be submitted for evaluation by the Aliens Office.
Documentation according to the assumption for which the 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:
No other document is required.
If the activity can be accredited for a minimum of six months per year and
A new employment contract has been signed and you can be registered or assimilated at the time of the application.
Documentation to provide:
No other document is required.
It has a new employment contract that guarantees the work activity of the worker.
Documentation to provide:
Copy of the new employment contract.
If the activity can be accredited for a minimum of three months per year.
Documentation to provide:
Proof that the employment relationship that gave rise to the authorization was interrupted for reasons beyond the control of the worker.
Proof that the worker has actively sought employment.
If you have granted tax benefit.
Documentation to provide:
Accreditation of the granting of the tax benefit.
If you are a beneficiary of a public welfare benefit intended to achieve your social or labor insertion.
Documentation to provide:
Accreditation of the granting of the welfare benefit.
If the employment relationship was suspended or terminated as a result of being a victim of gender violence.
Documentation to provide:
Proof of being a victim of gender-based violence (among others, you may submit a protection order or report from the Fiscal Ministry).
Proof that the employment relationship was suspended or terminated as a result of being a victim of gender violence.
If you can prove that you have been working and registered in Social Security for a minimum of nine months in a period of twelve, or eighteen months in a period of twenty-four.
Documentation to provide:
Proof that the employment relationship that gave rise to the authorization was interrupted for reasons beyond the control of the worker.
Proof that the worker has actively sought employment.
If the worker’s spouse or common-law partner has sufficient financial requirements to regroup the worker.
Documentation to provide:
Proof of marital or de facto relationship.
Accreditation of economic means.
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.
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, to be paid by the worker
Model 790 code 062, section 2.1 renewal or modification of a work authorization processed in a temporary residence and work authorization procedure, to be paid by the employer The payment form can be downloaded from the Internet portal of the Secretary of State of Public Function
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. The competent authority in the concession must issue, upon request of the interested party, a certificate proving renewal for this reason. (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 work authorization is for two years.
The renewal of the residence and work permit allows the exercise of any occupation in any part of the national territory.
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: January 2016
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