If you’re anything like me, you’re probably doing everything you can to stay in Spain forever. This involves hard work, patience, and talking to as many people as possible (let’s face it, you may get different information from each person you talk to, so it’s always better to get a second or seventh opinion). But if you’re set on staying in Spain for the long haul—which will likely mean gaining sponsored residency modification—it’s totally worth the headache(s).
I came to Spain on a student visa and a year later I applied for the autónomo (freelancer) visa. This implied going back to the States and applying for a shiny new visa at my consulate in Chicago.
Nearly a year on, in 2018, I was offered a full-time, permanent contract job at a company. This change involves some work both on the worker’s part and the company’s part. Luckily, this does not require you to go back to the States, since it’s considered a modification of a worker’s visa/residency. As long as you have been a freelancer for more than one year in Spain, and you’ve paid all your taxes and social security fees, you can simply submit all of your documentation at a public registro (the main one in Madrid is the Oficina de Atención a la Ciudadanía, Calle Gran Vía 20).
Residency modification: The process
All documents needed to modify your visa are listed on the government page.
Step 1: Prepare your documents
You, the worker, must bring to the appointment:
- Two copies of the EX-03 form, filled out and signed by you and the company hiring you
- Your passport + a copy of every page
- Original + copy of your degree, or any document that otherwise serves as proof of your qualifications for the job
The company sponsoring your visa must bring:
- Original + copy of the company’s NIF and constitution
- Original + copy of the NIF/NIE of your sponsor (the actual person vouching for you from your company)
- Original + copy of the legal document authorizing your sponsor to act for the company
- Original + copy of your signed work contract
- Original + copy of legal documentation verifying the company’s solvency. This can be proof the company has paid its taxes for the past 3 years (IRPF or IVA), the company’s VILE (vida laboral de la empresa), etc. They must also present a memorium describing the company’s activities and the applicant’s potential role.
Money, money, money:
You must have previously paid the following tasas (fees) and present the paperwork along with the abovementioned documents.
- Modelo 790 código 052 epígrafe 2.2 “renovación de autorización de residencia temporal” to be paid by you, the worker, if you have reached the renewal period of your current visa (autónomo). If your current visa/TIE is still valid, you need not pay this.
- Modelo 790 código 062, to be paid by the employer. It’ll either be epígrafe 1.1 or 1.6, depending on whether your proposed salary is less or more than 2x the SMI (salario mínimo interprofesional).
Step 2: Turn it all in
Turn them in at the registro, as mentioned above. They will scan all documents and then give them back to you—the bundle of scanned documents is sent electronically in the moment to extranjería. They will have no information about how long it’ll take or who you can contact to check the status, so all you can do now is sit back, relax, and await a letter in the mail with (hopefully) the green light.
In theory, this will take less than three months.
Step 3: Enroll in social security, get your new TIE
Once you are approved (“concedido”, as your letter will say), you must change your status with social security within one month. First you darte de baja (deactivate your status) as autónomo (“cuenta propia”), and then you darte de alta (activate your status) as a contract worker (“cuenta ajena”). If you forget to do this, you could have your visa revoked.
Once you’re all set with social security, you can apply for your new Tarjeta de Identificación de Extranjero (TIE).
This process is the same one you went through for your first TIE, and you can find all the steps here. Remember to bring proof that you’ve registered with social security, as well as the document (and a copy) confirming the approval of your residency modification.
Your new TIE should be ready within a month, and ya está! Your sponsored residency-modification journey is over and you’re now a contract worker.
