Sheet 55 bis - Modifications from Situations of Residence That Did Not Qualify for Work (Including Exceptional Circumstances and Roots)

The content of this page is merely indicative. Only the provisions of the regulations in force at the time of submission of the application are applicable.

Last Updated: August 2025

Index of contents

  • From a residence permit that has been residing for less than a year to a residence and employment permit for others.

  • From a residence permit that has been residing for more than a year to a residence and work permit for an employed or self-employed person.

FROM A RESIDENCE PERMIT THAT HAS BEEN RESIDING FOR LESS THAN ONE YEAR TO A RESIDENCE AND EMPLOYMENT PERMIT

Type of authorisation

It is an initial temporary residence and employment authorization that can be obtained by a foreign person who was not authorized to work as a holder of a temporary residence authorization, when he/she has been residing in Spain for less than a year.

Basic regulations

  • Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (articles 36 and 38).

  • Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (article 191.2).

Requirements

  • That the national employment situation allows the hiring of foreign workers. It allows it if:

    • The occupation that the worker is going to perform in the company is included in the catalogue of occupations of difficult coverage that the Public Service of State Employment publishes quarterly.

    • In occupations not classified as difficult to cover when the employer accredits before the Aliens Office the difficulty of filling vacant jobs with workers already incorporated in the internal labor market. To this end, the Aliens Office will take into consideration the report submitted by the Public Employment Services, as well as the urgency of the recruitment accredited by the company. To do this, a job offer must be presented on the Empléate portal and the Public Employment Services. The authorization is intended for nationals of States with which Spain has signed international agreements (Chile and Peru).

    • They can prove the concurrence of a case included in article 40 of Organic Law 4/2000.

  • Submit a contract signed by the employer and worker that guarantees the worker a continuous activity during the period of validity of the authorization to reside and work. The date must be conditional on the moment of effectiveness of the authorization of residence and employment for others.

    The conditions established in the employment contract must be adjusted to those established by the current regulations. If the contract is part-time, the remuneration must be equal to or greater than the minimum interprofessional salary for a full day and in annual computation.

  • That the employer is aware of the fulfillment of their tax obligations and vis-à-vis Social Security.

  • That the employer has sufficient economic, material or personal means, sufficient for his business project and to meet the obligations assumed in the contract against the worker.

  • That the worker has the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

  • Not found, if any, within the commitment period of no return to Spain that the foreign person has assumed when voluntarily returning to their country of origin.

  • Do not pose a threat to public order, public safety or public health.

  • Pay the fee for the processing of the procedure.

Exigible documentation

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application.

  • Application form in model form(EX-26), duly completed and signed by the employer or by the foreign person resident in Spain.

  • Copy of the complete passport or travel document or, where applicable, valid registration card of the foreign worker.

  • Tax identification number and, in the event that the company is incorporated as a legal person, a public document granting its legal representation in favour of the person making the request.

    If the employer is a natural person, he/she will not be required to present the tax identification number if he/she agrees to the verification of his/her data through the Identity Data Verification System.

  • Copy of the employment contract, in an established official model.

  • Those documents that demonstrate, if alleged by the interested person, the concurrence of a specific case of non-consideration of the national employment situation, as well as the justification that is, where appropriate, a case established in article 40 of Organic Law 4/2000, or by an international Convention.

  • Documents accrediting the economic, material or personal means available to the employer for his business project and to meet the obligations arising from the contract signed with the foreign worker.

  • Documentation that accredits the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

  • Where applicable, certificate from the Public Employment Service competent for the insufficiency of job seekers to fill the job.

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is submitted by a sworn translator.

List of sworn translators.

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 the document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation, except in the case where the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless the document is exempt from legalization under the International Convention.

Information on translation and legalization of documents.

Procedure

  • Legitimated subject to submit the application: the foreign person residing in Spain or the employer, personally, or through a legitimated subject who has attributed the legal representation of business.

    Information sheet on legitimated subjects.

  • Place of presentation:

  • Corresponding fees: will accrue at the time of admission to the processing of the application and must be paid within ten working days:

    • Form 790 code 052, heading 2.5.2 “modification of temporary residence authorization to residence and work authorization”: to be paid by the foreign worker.

    • Form 790 code 062, heading 3.2.1 “Work authorization for initial authorization of temporary residence of employed persons”: to be paid by the employer.

    • The subscription form can be downloaded from this page.

  • Time limit for the resolution of the application: three months from the day following the date on which it entered the register of the competent body for processing. Once this period has elapsed without the Administration having made the notification, it may be understood that the application has been rejected by administrative silence. (When it has not been possible to notify the resolution, it will be announced in the Single Edictal Board (TEU). If you have opted for electronic notification or if you are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within ten calendar days of its publication, it will be given as notified).

  • The authorization will be valid for one year and will be considered a residence and initial work authorization.

  • Within one month of notification, the foreign person must be affiliated and registered in the corresponding Social Security system, since the effectiveness of the residence and work authorization will be conditional on such registration.

  • Within a month after the worker has been registered with the Social Security, he/she must personally request the alien identity card at the Police Station or competent police services of his/her place of residence.

    The documentation to be provided in the application for the foreign identity card can be consulted at the following link:
    https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34.

FROM A RESIDENCE PERMIT THAT HAS BEEN RESIDING FOR MORE THAN ONE YEAR TO A RESIDENCE AND WORK PERMIT FOR AN EMPLOYED OR SELF-EMPLOYED PERSON

Type of authorisation

It is an authorization of temporary residence and work for an employed or self-employed account that can be obtained by the foreign person who was not authorized to work as holder of a temporary residence authorization, when he has been residing in Spain for more than a year.

Basic regulations

  • Organic Law 4/2000, of January 11, on the rights and freedoms of foreigners in Spain and their social integration (articles 36 to 38).

  • Royal Decree 1155/2024, of 19 November, approving the Regulations of Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration (article 191.4).

Requirements

If it is an authorization for someone else’s account:

  • Submit a contract signed by the employer and worker that guarantees the worker a continuous activity during the period of validity of the authorization to reside and work. The date must be conditional on the moment of effectiveness of the authorization of residence and employment for others.

    The conditions established in the employment contract must be adjusted to those established by the current regulations. If the contract is part-time, the remuneration must be equal to or greater than the minimum interprofessional salary for a full day and in annual computation.

  • That the employer is aware of the fulfillment of their tax obligations and vis-à-vis Social Security.

  • That the employer has sufficient financial, material or personal means for his business project and to meet the obligations assumed in the contract against the worker.

  • That the worker has the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

  • Not found, if any, within the period of commitment of no return to Spain that the foreign person has assumed when voluntarily returning to their country of origin.

  • Do not pose a threat to public order, public safety or public health.

  • Pay the fee for the processing of the procedure.

If it is an authorization on its own account:

  • Comply with the requirements that current legislation requires nationals for the opening and operation of the planned activity.

  • Have the professional qualification legally required or sufficient accredited experience in the exercise of the professional activity, when it requires it, as well as, where appropriate, the tuition when it is required.

  • Certify the sufficiency of the investment planned for the implementation of the project and on the impact, where appropriate, on job creation, including as such self-employment.

  • Not found, if any, within the period of commitment of no return to Spain that the foreign person has assumed when voluntarily returning to their country of origin.

  • Do not pose a threat to public order, public safety or public health.

  • Pay the fee for the processing of the procedure.

Exigible documentation

Note: in general, copies of the documents must be provided and the originals must be displayed at the time of submitting the application.

  • Application form in model form(EX-26), duly completed and signed by the employer or, where appropriate, by the foreign person resident in Spain.

If it is an authorization for someone else’s account:

  • Copy of the complete passport or travel document or, where applicable, valid registration card of the foreign worker.

  • Tax identification number and, in the event that the company is incorporated as a legal person, a public document granting its legal representation in favour of the person making the request.

    If the employer is a natural person, he/she will not be required to present the tax identification number if he/she agrees to the verification of his/her data through the Identity Data Verification System.

  • Copy of the employment contract, in an established official model.

  • Documents accrediting the economic, material or personal means available to the employer for his business project and to meet the obligations arising from the contract signed with the foreign worker.

  • Documentation that accredits the training and, where appropriate, the professional qualification legally required for the exercise of the profession.

If it is an authorization on its own account:

  • Copy of the complete passport or travel document or, where applicable, registration card in force of the foreign person.

  • In retail commercial activities and provision of the services listed in the Annex to Law 12/2012, of 26 December, which are carried out in permanent establishments, whose useful surface area is equal to or less than 750 square meters, responsible declaration or prior communication (in the terms provided in article 69 of Law 39/2015, of 1 October) and, where appropriate, proof of payment of the corresponding tax.

    In the other activities and benefits of professional services, list of authorizations or licenses required for the installation, opening or operation of the planned activity or for the professional exercise, indicating the situation in which the procedures for its achievement are found, including, where appropriate, the application certifications before the corresponding bodies.

  • Copy of the documentation accrediting the training and, where appropriate, the professional qualification legally required for the exercise of the profession, as well as the homologation and/or recognition, and where appropriate the collegiation, for the exercise of the profession in the case of regulated professions in Spain.

  • Copy of the documentation that proves the sufficiency of the investment foreseen for the implementation of the project and on the incidence, where appropriate, in the creation of employment, including as such self-employment.

    By way of example and regardless of their justification by other means admissible in law, the last two paragraphs can be accredited by the valuation report issued by one of the following organizations:

    • National Federation of Employers' and Self-Employed Workers' Associations (ATA)

    • Union of Professionals and Self-Employed Workers (UPTA)

    • Intersectoral Confederation of Spanish Self-Employed Persons (CIAE)

    • Organization of Professionals and Self-Employed (OPA)

    • Union of Associations of Self-Employed Workers and Entrepreneurs (UATAE)

Important note: when documents are provided from other countries they must be translated into Spanish or co-official language of the territory where the application is submitted by a sworn translator.

List of sworn translators.

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 the document has been issued or, where appropriate, by the Ministry of Foreign Affairs, European Union and Cooperation, except in the case where the document has been apostilled by the competent authority of the issuing country in accordance with the Hague Convention of 5 October 1961 and unless the document is exempt from legalization under the International Convention.

Information on translation and legalization of documents.

Procedure

  • Legitimated subject to submit the application: the foreign person residing in Spain or, where appropriate, the employer, personally, or through a legitimated subject who has attributed the legal representation of business.

    Information sheet on legitimated subjects.

  • Place of presentation:

  • Corresponding fees: will accrue at the time of admission to the processing of the application, and must be paid within ten working days:

    • If it is an authorization on behalf of others:

      • Form 790 code 052, heading 2.5.2 “modification of temporary residence authorization to residence and work authorization”: to be paid by the foreign person.

      • Model 790 code 062, heading 3.2.1. “Work Authorization for Initial Authorization of Temporary Employment Residence for Employed Persons”: to be paid by the employer.

    • If it is an authorization on its own:

      • Model 790 code 052, heading 2.5.2. “Modification of the temporary residence authorization to residence and work authorization”.

      • Model 790 code 062, section 3.3.1. “Work authorization for initial authorizations of temporary residence of self-employment”.

    • The subscription form can be downloaded from this page.

  • Time limit for the resolution of the application: three months from the day following the date on which it entered the register of the body competent to process it. Once this period has elapsed without the Administration having made the notification, it may be understood that the application has been dismissed by administrative silence. (When it has not been possible to notify the resolution, it will be announced in the Single Edictal Board (TEU). If you have opted for electronic notification or if you are legally obliged to use that medium, the resolution will be notified by publication in the electronic headquarters. If the resolution is not accessed within ten calendar days of its publication, it will be given as notified).

  • The authorization will be valid for one year.

  • Within one month of notification, the foreign person must be registered under the corresponding Social Security regime, since the effectiveness of the residence and work authorization will be conditional on such registration.

    Once the condition has been met, the validity of the authorization will be returned to the day immediately following the expiration of the previous authorization. However, if at the time of acquiring effectiveness the new authorization has not yet occurred the expiration of the previous authorization, the validity of the new authorization will produce effects from the discharge of the working person in the corresponding Social Security regime.

  • Within a month after the worker has been registered with the Social Security, he/she must personally request the alien identity card at the competent Police Station or police services of his/her place of residence.

    The documentation to be provided in the application for the foreign identity card can be consulted at the following link:
    https://sede.administracionespublicas.gob.es/procedimientos/index/categoria/34.