Change to a residence and employment permit

Description

This authorization allows foreign nationals who already reside legally in Spain to apply to change their initial stay or residence status to a residence and work authorization for salaried employment (working for an employer, known in Spain as cuenta ajena). It is intended for people who have lived in Spain legally under another initial authorization, such as studies, an internship, job search or non-lucrative residence (residencia no lucrativa), and who now wish to enter the labor market as employees.

Advantages

• Lets you work legally in Spain under an employment contract.
• Allows you to be hired in any sector, without regard to the national employment situation.
• Can be renewed and may eventually lead to long-term residence.

Who can apply? (including family members)

• This authorization is available to foreign nationals who reside legally in Spain and have maintained that status for at least one year.
• The main applicant is the foreign national who holds the initial authorization to be modified.

Requirements

• Have resided legally in Spain for at least 12 months under an initial authorization that is eligible for modification.
• Have no criminal convictions in Spain or in your previous countries of residence.
• Not be banned from entering Spain or listed as inadmissible in the Schengen Area.
• Provide an employment contract signed by both parties, with terms that comply with the applicable collective bargaining agreement and the Spanish minimum wage (Salario Mínimo Interprofesional).
• The hiring company must be duly incorporated, current on its tax obligations and financially able to support the hire.
• Hold the qualifications or professional training legally required to practice the profession, where applicable.

Required documents

Application process

1. 1

   Gathering the documents

   The applicant must gather all the documents required for their previous type of authorization and for the new job.

2. 2

   Filing the application

   The application must be filed within the 60 days before the initial authorization expires or within the 90 days after it expires.

3. 3

   Decision and issuance of the authorization

   The competent authority will issue its decision within 90 days.

4. 4

   Effective date and issuance of a new TIE

   Once the authorization is granted, the applicant must apply for a new foreigner identity card (TIE).

Duration and renewal

• If the authorization being replaced did not allow you to work, the new temporary residence and salaried employment authorization is valid for one year.
• If the authorization being replaced already allowed you to work, the new temporary residence and salaried employment authorization is valid for four years.
• When it expires, the authorization may be renewed under the general rules for temporary residence and salaried employment authorizations.
• The renewed authorization is valid for four years, unless you qualify for long-term residence (residencia de larga duración) under the regulations in force.

FAQ

Applicable law

1. Ley Orgánica 4/2000, de 11 de enero, sobre derechos y libertades de los extranjeros en España y su integración social
2. Real Decreto 1155/2024, de 19 de noviembre