How can a nonprofit residency change to work permit?
Non-profit residence holders are not allowed to work or start a business in Spain. If you want to work, then you must first change to a working residence. One of the conditions for obtaining a work permit is to have a work contract. Today we will explain what type of work contract is required in order to change your non-profit residence to a working residence.
What type of work contract is required to exchange a non-profit residence for a work residence?
The type of contract required for exchanging a non-profit residence for a work residence is basically the same as for applying for a social work entrenchment or a student residence for a work residence. The law requires a certain type of work contract for the application for a work permit, and if the contract does not fulfill the conditions, the permit will be refused.
-A temporary work contract is sufficient for the purpose of the application.
Spanish labor contracts are divided into short-term contracts, also known as temporary contracts (“contrato temporal” in Spanish), and permanent contracts, also known as indefinite contracts (“contrato indefinido o fijo” in Spanish).
The law stipulates that the duration of the work contract for the application for work residencymust be at least 1 year, and it can be either a temporary or a permanent contract. Although a temporary contract complies with the law and can be approved without any problems, it is generally accepted that a permanent contract is more effective, as the main factor considered by the Immigration Service is whether the applicant has a certain amount of financial resources to live on in Spain. A permanent work contract means that the applicant will have a job for a variable length of time.
-Full-day or half-day contract?
There are two types of work contracts: jornada completa ( full-time work ) and jornada parcial ( half-time work ). The law stipulates that the amount of insurance to be paid must correspond to the number of hours the worker works. In other words, a full-time worker (8 hours a day) must be fully insured (i.e., fully insured, or simply ” fully insured “). On the other hand, a part-time worker (usually working 4 or 6 hours a day) should pay half-time insurance (half-rate insurance, or simply half-insurance ).
For the purpose of applying for a residence permit, the work contract can be for either a full-time or a part-time job. In the case of a half-day job, the law requires that the wage must meet the legal minimum wage. The current minimum wage in Spain is 900 euros per month (based on 14 salaries per year).
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For example, a work contract may provide for a 4-hour day (20 hours/week), i.e. a half-day job. However, the wage must be 1134 euros a month (at the rate of 14 salaries a year).
Related article: TASA 790 062: Fees required for work permit
-Are there any industry restrictions on work contracts?
There is no restriction on this point, as long as the applicant is qualified for the job. Therefore, it is possible to have a work contract in the service industry, catering industry, industry, agriculture, etc.
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Note: Some Chinese contracts require the applicant to have the appropriate certificates. For example, if it is a doctor’s contract, then the applicant must have a doctor’s license. Of course, most professions in Spain do not require a professional license.
Note: Recently, the Immigration Department has been investigating the buying and selling of contracts, so please make sure that the work contract you submit is genuine.
-What are the economic conditions that the owner needs to fulfill?
The Aliens Regulations stipulate that the employer who issues the work contract must meet certain financial requirements. The employer can be a company or a self-employed person (autónomo).
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Regardless of whether it is a company or a self-employed person, it is necessary to prove that the owner has sufficient financial means to hire the worker. For example, the company has enough assets or profits to maintain the worker’s expenses.
If the owner is self-employed, he or she needs to prove that he or she has enough money to support his or her family after paying the worker’s wages and insurance premiums.
If the owner is a single person, after paying the salary and the insurance premiums, he needs to have an amount of money equal to the IPREM value, i.e. 600€ per month. If the employer is a family of two, he/she has to prove that he/she has twice the IPREM value left after paying his/her salary. All rights reserved .
If the owner has more than 2 people in the family, then for each additional person, an additional 50% of the IPREM value needs to be proved.
For example, if the employer is a husband and wife and earns 2,000 euros a month, the worker’s salary plus insurance is 1,300 euros, leaving 700 euros for himself. 700 euros is not enough to cover the living expenses of two people (it does not amount to twice the IPREM), so this work contract cannot be used to apply for the establishment of a root.
Related articles:Spain IPREM Economic Capability Indicators Explained
-Company can’t owe taxes
In addition to the above requirements, the Immigration Office will also look at whether the employer owes taxes or insurance premiums. If the employer does not pay taxes or insurance premiums, the work contract issued by the employer cannot be used to apply for residence with roots.
In order to check whether the employer owes taxes or insurance premiums, it is necessary to go to the tax office as well as to the insurance office to apply for a certificate.
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