Living in Spain

Sheet 55 - Modification from situations of temporary residence permits that entitle them to 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 residence permits that have been residing for less than one year to residence permits and paid employment

  • From residence authorization that has been residing for more than one year to residence authorization and work for an employed and self-employed person

  • From authorization of residence for seasonal activities to authorization of residence and work for an employed or self-employed person

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

Type of authorisation

It is a temporary residence and employment authorization of an initial nature that can be obtained by the holder of a temporary residence authorization that was already authorized to work and that has been residing in Spain 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

  • To be in a situation of temporary residence that qualifies to work and that has been residing in Spain for less than a year.

  • 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.
  • That the employer presents an employment contract signed by the worker and himself and that a continuous activity is established for the worker during the period of validity of the initial authorization of temporary residence and employment. The date of commencement of the contract must be subject to the time of effectiveness of the temporary residence and employment authorization.

    The conditions established in the employment contract must comply with those established by the current regulations and the collective agreement applicable to the same activity, professional category and locality. In the event that the hiring was part-time, the total remuneration to be received by the applicant must be equal to or greater than the minimum interprofessional salary for full time and 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 working person 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 official model (EX-26), duly completed and signed by the foreign person or by the employer.

  • Copy of the complete passport or travel document or, where applicable, registration card in force 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 accrediting 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 of the insufficiency of job seekers to fill the job.

 

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 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 the authorization of temporary residence to authorization of residence and work”: to be paid by the foreign worker.

    • Form 790 code 062, section 3.2.2 “Work authorization for renewed temporary residence permits for 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 on 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).

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

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

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

FROM AUTHORIZATION OF RESIDENCE THAT HAS BEEN RESIDING FOR MORE THAN ONE YEAR TO AUTHORIZATION OF RESIDENCE AND WORK FOR OTHERS

Type of authorisation

It is a authorization of temporary residence and work for an employed or self-employed account of an initial nature that can be obtained by the holder of a authorization of temporary residence that was already authorized to work and that has been residing in Spain for at least one 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, 37 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 191.3)

Requirements


  • To be in a situation of temporary residence that qualifies to work and that has been residing in Spain for less than a year.

  • To obtain a residence and work authorization for someone else:

    • Be able to prove one of the following assumptions:

      • Continue with the employment relationship that gave rise to the granting of the authorization.

      • Have performed work activity for a minimum of three months per year and are in some of the following circumstances:

        • To have signed an employment contract with a new employer in accordance with the characteristics of his/her authorization to work and to be in situation of discharge or assimilation at the time of application.

        • To have a new contract that guarantees the requirements established in Article 74 of the Regulation and with commencement of validity subject to the concession.

        • That the employment relationship that gave rise to the authorization has been extinguished for reasons beyond his control and that he has actively sought employment through his registration with the competent Public Employment Service as a job applicant.
      • Be granted a contributory unemployment benefit.

      • To be a beneficiary of a public assistance economic benefit aimed at achieving social or occupational integration.

      • Have been working and discharged in Social Security for a minimum of nine months in a period of twelve.

      • That a relative, defined in the terms of Article 66 of the Regulation (family members who are reunifiable), complies with the economic requirements for reunifying the working person.

      • The employment relationship has been extinguished or suspended as a result of the worker being victim of gender violence or sexual violence.
  • Where appropriate, to certify the schooling of children of compulsory school age.

  • To obtain a residence and self-employment authorization:

    • Be able to prove one of the following assumptions:

      • Continue with the activity that gave rise to the authorization, provided that the tax and social security obligations have been fulfilled.

      • When a relative, defined in the terms of Article 66 of the Regulation (family members who are reunifiable), complies with the economic requirements to regroup the working person.

      • Be beneficiary of protection for cessation of activity.

      • In the case of economically dependent self-employed workers, when there is interruption or termination of the contract for reasons beyond the control of the self-employed person, including economically dependent self-employed workers who are victims of gender-based violence or victims of sexual violence.

      • Be granted a contributory unemployment benefit.

      • To be a beneficiary of a public assistance economic benefit aimed at achieving social or occupational integration.

  • Where appropriate, to certify the schooling of children of compulsory school age.

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, as the case may be, by the foreign person, or through a legitimate subject who has attributed the representation.

  • Information sheet on legitimated subjects
  • Copy of the complete passport or travel document or, where applicable, valid registration card of the foreign worker.
    • If it is an authorization for someone else’s account:
      • Documentation according to the assumption:

      • If the realization of the activity for a minimum of three months per year can be accredited:
        • Employment contract in force with a new employer.
        • New contract that meets the requirements of Article 74 of the Regulation.
        • Proof that the employment relationship that gave rise to the authorization was interrupted for reasons beyond the worker ' s control and that he has actively sought employment, by registering with the corresponding Public Employment Service.

      • If you have granted contributory benefit:
        • Accreditation of the concession of the contributory benefit.

      • If you are a beneficiary of an economic assistance benefit of a public nature aimed at achieving your social or employment integration:

        • Accreditation of the granting of the assistance benefit.
      • If the employment relationship was suspended or extinguished as a result of being a victim of gender violence or sexual violence:
        • Proof of being a victim of gender violence (among others, you may file a protection order or report from the Public Prosecutor’s Office).
        • Proof that the employment relationship was suspended or extinguished as a result of being a victim of gender violence or sexual violence

      • If you can prove that you have been working and discharged in Social Security for a minimum of nine months in a period of twelve:
        • Proof that the employment relationship that gave rise to the authorization was interrupted for reasons beyond the worker’s control.
        • Proof that the worker has actively sought employment.

      • That a family member, defined in the terms of Article 66 of the Regulation, complied with the economic requirements sufficient to regroup the worker:

        • Accreditation of the family link.
        • Accreditation of economic media.

      • If minors of compulsory schooling age are placed in their care, report issued by the competent authorities, autonomous or State, or the educational establishment.

      • In the event that it does not prove compliance with any of the foreseen requirements, the integration effort of the foreign person will be assessed. This circumstance will be evidenced by the contribution, by the foreign person, among other means of proof, of a favourable report from the competent bodies of the Autonomous Community of his place of residence.

    • If it is an authorization on its own account:
      • Documentation according to the assumption:

      • If the relative has the sufficient economic requirements to regroup the worker:

        • Updated documentation accrediting the family link.
        • Accreditation of economic media.

      • If you are granted protection for cessation of activity:

        • Accreditation of the granting of protection.

      • If the interruption or termination of the contract occurs for reasons beyond the control of the self-employed person:

        • Documentation accrediting the interruption or termination of the contract for reasons beyond their control.

  • Where appropriate, report issued by the autonomous authorities, or those competent in each case, or by the educational establishment accrediting the schooling of minors in its charge who are of compulsory school age.

  • In the event that it does not prove compliance with any of the foreseen requirements, the, integration effort competent of the insufficiency of job seekers and the foreign person will be assessed. This circumstance will be evidenced by the contribution, by the foreign person, among other means of proof, of a favourable report from the competent bodies of the Autonomous Community of his place of residence.

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 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:

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

    • Form 790 code 062, heading 3.2.2 “Work authorization for renewed authorizations 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 on 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).

  • Within one month of notification the foreign person must be registered under the corresponding Social Security regime since the effectiveness of the authorization of residence and work will be conditioned to such registration.
     
  • Within a month after the worker has been registered with Social Security, he must request, personally, the identity card of a foreigner at the competent police station or police services of his place of residence.

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

  • The validity of the new authorisation shall last for four years.

FROM AUTHORIZATION OF RESIDENCE FOR SEASONAL ACTIVITIES TO AUTHORIZATION OF RESIDENCE AND WORK FOR AN EMPLOYED OR SELF-EMPLOYED PERSON

Type of authorisation

It is an initial temporary residence and employment authorization or self-employed account that can be obtained by the person holder of a residence and work authorization for seasonal activities upon completion, after four years, if he/she had respected all the requirements during its term, including the return commitment.

Basic regulations

  • Organic Law 4/2000, of 11 January, 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 191.6).

Requirements

  • Have been the holder of a residence and work authorization for seasonal activities.

  • To obtain a residence and work authorization for someone else:

    • That the employer presents an employment contract signed by the worker and himself and that a continuous activity is established for the worker during the period of validity of the initial authorization of temporary residence and employment. The date of commencement of the contract must be subject to the time of effectiveness of the temporary residence and employment authorization.

      The conditions established in the employment contract must comply with those established by the current regulations and the collective agreement applicable to the same activity, professional category and locality. In the event that the hiring was part-time, the total remuneration to be received by the applicant must be equal to or greater than the minimum interprofessional salary for full time and annual computation.

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

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

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

    • Not to be found, where appropriate, 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.

  • To obtain a residence and self-employment authorization:

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

    • Possess the legally required professional qualification or sufficient accredited experience in the exercise of the professional activity, when required by the latter, as well as, where appropriate, collegiation when required.

    • Not to be found, where appropriate, 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.

  • Visa application, in the event that the new authorisation was granted after the end of the current year’s period of activity, and the worker has returned to his country of origin, in compliance with his obligation to return.

    • You must meet and accredit the following requirements:

      • Not to be found irregularly in Spanish territory.

      • Not to appear as rejectable in the territorial space of countries with which Spain has signed an agreement in this regard.

      • Provide passport or travel title in force, recognized as valid in Spain, with a minimum validity of one year.

      • In the event that the applicant is of criminal age, have no criminal record in the countries where he/she has resided during the last five years for crimes provided for in the Spanish legislation.

      • Be the holder of an initial authorization of residence and/or work, when this is required.

      • Meet the specific visa requirements set out in the procedure for each type of authorisation.

      • Pay the corresponding fee for visa processing.

      • Provide medical certificate in order to prove that you do not suffer from any of the diseases that may have serious public health consequences in accordance with the provisions of the International Health Regulations of 2005.

    • The visa application must be submitted within one month of notification of the granting of the authorisation by the foreign person, either personally or through representation.

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, as the case may be, by the foreign person, or through a legitimate subject who has attributed the representation.

  • Information sheet on legitimated subjects
  • Copy of the complete passport or travel document or, where applicable, valid registration card of the foreign worker.

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

    • 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.

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

  • If it is an authorization on its own account:

    • 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 collegiation, for the exercise of the profession in the case of regulated professions in Spain.

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 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 file the application: the foreign person or, where appropriate, the employer, personally, or through a legitimated subject who has corporate legal representation attributed to him.

    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 a residence and employment authorization for others:

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

      • 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 a residence and self-employment authorization:

      • 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.

  • Application period: three months before the expiry of the period of validity of the authorisation for seasonal activities, without the need for a visa, or, once returned to the country of origin or provenance after the expiry of that period, within six months after its expiry.

  • 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 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).

  • Within one month after the worker has been registered with the Social Security, he must personally request the alien identity card at the Police Station of the province where the authorization has been processed.

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

  • The authorization will be valid for a period of two years.