Question
I currently am an auxiliar de conversacion, but have received a job offer from an academy so am looking to switch to a Spanish work visa. However, I’ve been hearing different things from different lawyers and am not sure what is the best course of action:
1.) One lawyer told me that a contract for 30 hours or less would be fine, so long as the salary meets the minimums for the convenio that corresponds to my job title.
2.) Another lawyer told me that anything less than a 40 hour contract could cause extranjería to investigate my case since I can’t be officially contracted as a teacher because I’m not a certified teacher in Spain.
3.) I’ve also been told from one lawyer that after 10 years on a student visa, it’s possible to apply for Residencia Permanente in Spain, but another told me that I would need to have possessed residency for at least a year since ‘estancia de estudiante’ is not enough.
4.) I’ve also been told that a pre-contrato is enough to submit the application for the visa conversion, whereas another told me that it is necessary to submit an official contract with formulario 100.
Does anyone have any insight on any of these discrepancies? I’m feeling very confused and running short on time. Thanks for any help offered!
Answers
These are the answers of Spainguru’s Facebook group members:
“If you’re on a student visa that says permiso de trabajar you can work 30 hours, if it doesn’t say it you need to register the contract through extranjería. (If you plan on staying as an aux in addition).
Another option is arraigo social, which grants working rights and residency. You need a full-time contract to qualify. You can work at an academy and teach English, as long as you have a BA or some sort of post-secondary education. The convenio allows it but you’ll need to give a copy of your degree to the academy when you sign your contract. The convenio for academies is different than for actual schools.
You can get a larga duración visa for the EU after 10 years on a student visa in Spain. It’s normally 5 years, but student visa years count as half. It is a different process as it’s not directly via Spain but rather through the EU.
In terms of the contract, you need the official contract for arraigo, but it can have a starting date in September or whenever you plan to start. The academy only needs to provide you with the standard contract and you can modify based on that. You’ll also need to get a SS number, which you can get with a cita at hacienda office, you don’t need a contract or work permission to get one.
I’ve been an admin on the biggest auxiliar group for years so have a lot of experience with this. Have also changed my visa 3 times from Spain. I recommend looking for a lawyer in one of the aux groups, many of them say they do immigration and have absolutely no idea what they’re doing when it comes to auxiliary. Hope it helps.”
“(Lawyer answer) 1) Sort of. You cannot earn less than the full-time, yearly SMI (Salario Mínimo Interprofesional), no matter how few hours are in the contract.
2) That’s a non sequitur. The number of hours has nothing to do with whether you can be a teacher. They’re both wrong. People use the term ‘pre-contract.’ It’s a bleeding contract, it simply has a suspended start date.
3) Both wrong
4) People use the term “pre-contract.” It’s a bleeding contract, it simply has a suspended start date.”
Conclusion
Navigating the transition from an Auxiliar de Conversacion visa to a Spanish Work Visa involves various legal nuances and requires accurate information.
While contracts for under 40 hours can still be acceptable depending on the salary and specific convenio, applicants should verify the information with reliable sources or direct consultation at extranjería.
Furthermore, transitioning to arraigo social or pursuing a long-term EU residency may offer viable pathways, but these require careful adherence to specific procedural requirements.
