Are you in Spain with a type of residence that does not allow you to work? Your current permit cannot be renewed, but you would like to stay in the country while working for a company?
Then the solution is to modify your non-working residency to a work permit, and in this post you are about to learn all the details regarding this immigration process so that you can complete it successfully.
A work permit modification is the process by which a foreigner who is in Spain with a specific residency card changes it to a different one, in this case a work permit (in order to be able to start working for a Spanish company).
Nowadays, this has become a very common process that can be carried out directly from Spain.
Where does its usefulness come from?
There is no need to mention how difficult it is to get a work permit to start working in Spanish territory. The shortage occupation list, a long list of requirements…
And that is why many foreigners enter the country with a residency that is different from the regular work permit (because of its simpler and more affordable requirements), and as they have the intention to start working for a company, they decide to make this move later on.
Thanks to the fact that if you are already a legal resident in Spain, obtaining the work permit through the modification is a much simpler process, this procedure is something totally recommended in many cases.
We are talking about a wide variety of situations, such as cases in which the foreigner has a non-lucrative or student visa and wishes to start generating income in the country, people with social arraigo, etc.
In the following sections, we will analyze the main cases you could find yourself in and could require requesting this modification.
*Please note that although in this post we are focusing on the modification of residence to a work permit to work as an employee, in all these cases it is also possible to modify to a self-employment work permit (as long as the requirements are met).
Requirements to modify into a work permit
-
- First of all, it is necessary to prove a minimum of 1 year of legal residence in Spain
- As in any residency application, it is necessary to demonstrate a lack of criminal record and not have entry prohibited to the Spanish territory
- It will also be key to find a company in the country willing to hire you, and it will be this company the one who will initiate the procedure before the Immigration Office
- This company must offer you a job offer with a minimum duration of 1 year, and with a salary equal to or higher than the minimum wage in the country
- In addition, the employer must demonstrate that it is up to date with its fiscal and tax obligations with Social Security and the Treasury.
- The employer must also have sufficient financial means to be able to manage the hiring process
- Finally, the completed and signed EX-26 form and the payment of fees:
- Model 790 code 052, section 2.5.2 (by the worker)
- Model 790 code 062, section 3.2.1 (by the employer)
- Finally, the completed and signed EX-26 form and the payment of fees:
| Current immigration status | Required length of stay | Does the national employment situation (SNE) apply? | Duration of the new permit | Key consideration |
|---|---|---|---|---|
| Student stay authorisation (Art. 190) | None; you only need to have obtained the qualification/certificate | No (except for the exceptions under Art. 74) | 1 year (initial) | You can apply from 2 months before until 3 months after completing your studies |
| Job-seeking residence permit | Your total accumulated period of legal residence counts, not just the time held under the job-seeking permit | Yes, if total residence is <1 year / No, if ≥1 year | 1 year (initial), or up to 4 years if you have already exceeded one year of residence | — |
| Non-lucrative residence permit | Based on your total period of residence (no prior renewal is required) | Yes, if <1 year / No, if ≥1 year | 1 year (initial) or up to 4 years | — |
| Arraigo (social, socio-labour, socio-training, second opportunity) | <12 months with the arraigo permit → “initial” modification; ≥12 months → renewal route | Yes, if <12 months / No, if ≥12 months | 1 year (initial) or 4 years (if ≥12 months) | An alternative is to extend the arraigo permit itself for another year (Art. 132) instead of modifying it |
| EU family member residence card (divorce/separation) | Marriage/partnership lasting ≥3 years, including ≥1 year in Spain → no modification needed; <3 years → modification required | Does not apply (switch to the general immigration regime) | 1 year (initial) | Application deadline: 3 months from notification of the court ruling or cancellation of the partnership registration |
| General rule (other temporary residence permits) | <1 year of residence (Art. 191.2) / ≥1 year (Art. 191.3) | Yes / No, depending on the applicable case above | 1 year or up to 4 years | This is the overarching rule underpinning all the cases above |
Main residency modifications
As we mentioned before, this modification to work permit can be made from different residences.
Below you can find a list of the main permits valid for this modification (i.e., those that most of the foreigners who formalize it, have):
From student visa
Year after year, Spain attracts a large number of foreign students who move to Spain to complete their bachelor’s, doctorate, or master’s degrees.
Once they have finished their studies, many of them want to stay and work. In order to do so, they must successfully complete the modification.
The foreigner must prove that he has been in Spain as a student; there is no minimum period of permanence as a student under the current Regulation (RD 1155/2024) to be able to request this modification: the determining factor is having completed the studies, not the time elapsed.
In addition, there are two extra requirements that must be met in order to be successful in your application: having obtained your certificate of graduation of the course/studies, and not having received any type of scholarship in humanitarian action or sustainable development programs (neither in Spain nor in your country of origin).
From seeking for a job residency ("búsqueda de empleo")
As you may already know, students who have been in Spain for at least one year on their student visa can move to a special type of non-profit residency that allows them, for two years, to find a job or set up their own business.
This residency, known as the job search visa, is another route that subsequently requires a modification to an employment visa.
If the modification is carried out before the first year of residence, the national employment situation must be considered; on the other hand, if it is carried out after legally residing in Spain for more than one year, this situation no longer applies, and you can work in any position in any sector.
From non-lucrative visa
One of the most typical cases is the foreigner who is in Spain with a non-profit residency because he had enough savings, spends the first year traveling and discovering the country, but when that finishes she needs to go back to work to generate some income (something that the non-lucrative visa does not allow her to do).
Thus, the modification to a working residency becomes the appropriate path for these foreigners who have taken advantage of the simple benefits of the non-profit residency to legally settle in Spain.
From arraigo
Social arraigo (as well as arraigo sociolaboral) are two of the most useful paths for many foreigners in Spanish territory.
However, the residence for exceptional circumstances is obtained for one year and, exceptionally, can be renewed for an extra year.
Once these 365 days come to an end, the holder of the arraigo can modify it to a work permit or extend it.
Keeping this in mind is of utmost importance, as many foreigners believe that they can easily renew the arraigo and never start looking for a job offer until the very end of the year, finding themselves with the need to return to their country of origin since they have been left without residency.
From family member of an EU citizen
Finally, another of the most common cases that requires the modification of the visa is that of the holders of a family member of an EU citizen visa (“tarjeta comunitaria”).
That is to say, those non-EU citizens who obtained this residency thanks to being the spouse or common-law partner of a European citizen.
On many occasions, this same affective bond that gave rise to the residence is broken, creating the need for the modification to a work permit.
However, this should not always be the case, since divorce or breaking up with a civil union does not always entail the loss of the EU card.
When will the foreigner then need to change to a work permit? There are two different situations:
- If you have lived together for a minimum of 3 years in marriage and at least 1 year of these three has been in Spain, then you do not have to proceed with the modification (but just notify this change, within one month, to the immigration office, and that would allow you to keep your community card and get the long-term one after 5 years).
- But if you do not meet this 3-year requirement, then you will have to make the modification to a work permit as an employee.
When should I start my modification?
Finally, it is essential to address this question in order to understand what the application deadlines should be.
You must initiate the procedures to apply for the modification to obtain a work permit during the 60 days prior to the expiration of your current card (arraigo, community card, non-profit card, etc.) and 90 days after its expiration (arraigo, community card, non-profit card, etc.).
However, our recommendation is that you start the process as soon as possible and do not wait until the expiration date.
If you have any doubts, remember that our immigration lawyers are at your complete disposal!
Frequently asked questions on the work permit modification
Finally, we answer some of the most frequently asked questions about how to modify your residence permit to a residence and work permit.
Can I work while the modification is being processed as an employee?
How long does it take for the modification to someone else's account to be resolved?
The indicative resolution period is 3 months from the entry of the application in the registry. If this period passes without notification, negative administrative silence regarding immigration matters generally operates, except for the exceptions expressly provided for in the regulations.
What happens if they deny me the modification?
Can I modify my work permit as a self-employed worker into one as an employee?
Yeah. The same article 191 of the Immigration Regulation allows the modification of a residence and self-employment authorization, provided that a viable activity project is presented and the specific requirements of that modality are met.
My arraigo is about to expire and I still don't have a contract, what do I do?
Do I need a visa to process this modification?
Speak with one of our
immigration lawyers
Not sure which immigration pathway fits your situation? Our legal team will evaluate your case, recommend the best strategy, and handle the process from start to finish.
