Spain: Renewal of the residence and work authorization of highly qualified professionals.
6 min readRenewal of the residence and work authorization of highly qualified professionals:
It is the renewal of the authorization of temporary residence and work to perform a work activity for which it is required to have a qualification of higher education or, exceptionally a minimum of five years of professional experience that can be considered comparable.
BASIC REGULATIONS
Council Directive 2009/50 / EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for purposes of highly qualified employment.
Organic Law 4/2000, of January 11, on the Rights and Freedoms of Foreigners in Spain and their Social Integration (Article 38b).
Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (articles 85 to 94).
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. However, the possibility of renewing the residence permit will be assessed for foreigners who have been convicted of committing a crime and who have served their sentence, those who have been pardoned or are in a situation of conditional remission of the sentence or suspension of it.
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.
Be able to prove the requirements for the granting of the initial authorization, which are:
Present the contract signed by the employer and worker that guarantees the worker an activity continued during the period of validity of the authorization to reside and work.
The conditions established in the employment contract must be adjusted to those established by current regulations, and the annual gross salary must be at least 1.5 times the average gross annual salary of the profession to be performed. However, the salary may be 1.2 times the annual gross salary in those professions in which there is a particular need and belong to groups 1 and 2 of the International Standard Classification of Occupations, ISCO (see annex)
The employer must be enrolled in the corresponding regime of the Social Security system and be aware of the fulfillment of their tax obligations and against Social Security.
The employer must have sufficient economic, material or personal means for its business project and to meet the obligations assumed in the contract against the worker.
Possess the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
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 – 05) 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.
Copy of the training required for the exercise of the profession, where appropriate, when the work activity has been modified and so proceed, duly approved.
In the event that the worker has changed companies, documentation that identifies her.
In the event that the worker has changed companies, documentation that identifies the company:
If it is an individual entrepreneur: copy of the NIF or NIE, or consent to verify identity data through the Identity and Residence Data Verification System.
If it is a legal person (S.A, S.L., Cooperativa, etc.):
Copy of the NIF of the company and copy of the deed of incorporation duly registered in the corresponding Registry.
Copy of the public document proving that the signatory of the contract has the legal representation of the company.
Copy of the NIF or NIE or consent to verify the identity data through the Identity and Residence Data Verification System of the signatory of the contract.
Copy of the signed employment contract.
In the event that the worker has changed companies, accreditation that it guarantees the necessary solvency, through: the tax return, or VAT, or the Corporate Tax or the report of the company’s working life ( VILE), referred to the last three years. Likewise, a descriptive report of the occupation to be carried out must be provided.
Where appropriate, the report of the integration of the Autonomous Community of your place of residence, where the participation in training activities and knowledge of official languages, may be submitted for evaluation by the Aliens Office.
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 found 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 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. 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 in the Single Edictal Board (TEU) https://www.boe.es/tablon_edictal_unico. If the interested party had opted for electronic or regulatory notification, they were obliged to use that means, the resolution will be notified 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.
Within one month of notification of the renewal or, the worker must request, in person, the Foreigner Identity Card in 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 show his passport or travel document at the time of the fingerprint process to prove his identity and will provide:
Foreigner identity card application, in official form (EX 17) available at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/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: 02/2016
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