EU Dependent Residence
As you should know, the EU Dependent Residence is a dependent residence. This type of residence is based on the relationship between a Spanish (or EU) citizen and a Chinese citizen, which can be a partnership, husband and wife, children, parents-in-law, in-laws, etc. If there is no such relationship, then it is not possible to apply for EU family residency. Recently, some people asked on WestFrance.com whether it is possible to apply for EU family residence independently.
Is it possible to work with EU family residence card?
Can EU family members apply for independence?
From the legal point of view, there is no such type of residence as “independent EU family residence”, nor is there any procedure that can turn EU family residence into independent residence. The reason is that the EU dependents can remain, indefinitely, in the EU as long as the conditions of kinship or EU dependency are maintained. In this case, there is no need for “independence” and there is no such procedure.
On the contrary, if the relationship with the EU citizenship is broken, then it is possible to apply for a change of the EU residence to another type of residence. Today, WestLaw.com will explain how to exchange your EU residence for a work residence.
EU Dependent Residence for Work Residence
If you are no longer comply the requirements of your EU dependent residence, you can apply for an exchange of EU dependent residence for work residence. For example, if you are divorced or separated from an EU citizen, or if your children (or stepchildren) have reached the age of 21 and are not financially dependent, you can apply for an exchange to work residence.
Note: After 3 years of cohabitation or marriage, you can keep your EU dependent residence even after separation or divorce.
What are the requirements for the exchange of EU dependent residence for work residence?
1.A clean criminal record is required.
2.You need to be insured or have a work contract.
What do I need to exchange my EU dependent residence for work residence?
1.Official application form (Form EX-03).
2.A copy of the entire passport.
3.Notarization of the absence of crime in your home country.
4.If you are insured at work at the time of application, you can submit any document proving that you are insured. For example, Vida Laboral, Alta insurance policy, work contract, etc.
5. If you are not insured at the time of application, you will need to submit a work contract to prove that you have a boss who wants to hire you. In this case, the following documents need to be submitted.
A work contract is an employment agreement signed by the boss with the employee. The Spanish Ministry of Labor has a special template that can be filled out according to the agreement between the two parties.
Documents related to the company: In the case of a self-employed person, a copy of the owner’s residence, or in the case of a registered company, the company’s by-laws and tax number (NIF). It is also necessary to submit a copy of the document of the person who signed on behalf of the company (e.g. legal representative).
Various tax statements of the company or owner. The main purpose is to prove the company’s financial capacity, if possible, you can also submit a bank statement, account book and other documents. Such documents are provided by the company’s accountant or firm.
Note: The tax bill submitted by the owner needs to prove sufficient financial capacity. The law requires that after the owner has paid the person’s salary, he or she needs to be left with an amount of one times the IPREM value to maintain his or her living expenses. If the owner has a family of two, he or she needs to have two times the IPREM value left for living expenses. For each additional family member after that, there needs to be an additional 0,5 times the IPREM value.
6.Proof of residence. Although not explicitly stated in the law, many immigration offices routinely check the applicant’s residence.
Note: It is not necessary to prove that you have lived in Spain for 3 years. It is possible to apply for an exchange of residence for work without having completed 3 years.
Steps to exchange your EU residence for work residence
1.Book a time in advance online. Click here to go to the official government website to make an appointment.
Note: Some immigration offices may allow applicants to go directly to the government registry (registro) without an appointment in order to simplify the process.
2.On the day of the appointment, the owner (or his authorized person) needs to submit the documents at the immigration office. The specific address of each region can be checked at the time of the appointment.
3.In addition, at the time of application, the administrative fee payment form TASA-052 version (worker’s fee) and TASA 790-062 version (company fee) are required.
Complete guide to TASA 790 for residence application
Note: If you are not familiar with filling out and downloading TASA, you can go to the immigration office for consultation.
4.The approval time is 3 months. All rights reserved. Reproduction by individuals or organizations is prohibited.
5.After the approval, you need to go for the residence card (handprint).
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