Renewal of the Authorisation to Stay and Work as an Employed Person

Apply for Renewal of Residence and Work Permit for Employees

Many non-EU foreign citizens in Spain are engaged in employment activities, making them a significant part of the labor market. This article details the requirements, documentation, and procedures for renewing the Residence and Work Permit for employees.

Legal Framework for Renewal

The regulations governing this renewal are:

• Organic Law 4/2000, of January 11, on the Rights and Liberties of Foreigners in Spain and their Social Integration (articles 36, 38, and 40).
• Regulation of Organic Law 4/2000, approved by Royal Decree 557/2011, of April 20 (article 71).

Authorization of Residence and Work Permit for Employees

This refers to the renewal of the temporary residence and work authorization for employees.

Requirements for Renewing the Residence and Work Permit

1. Non-EU Citizenship: Not being a citizen of an EU member state, the EEA, or Switzerland, nor a family member of citizens of these countries to whom the EU citizen regime applies.
2. Criminal Record: No criminal record in Spain.
3. Entry Ban: Not being prohibited from entering Spain and not being listed as inadmissible in the territories of countries with which Spain has signed an agreement.
4. Children’s Schooling: If applicable, proof of schooling for minors under your care who are of compulsory school age.
5. Payment of Fees: Pay the fees for processing the temporary residence authorization and the related work authorization.
6. Proof of Employment Continuity: Evidence of one of the following situations:
   • Continuation of the employment relationship that led to the granting of the authorization being renewed.
   • Employment activity for at least three months per year, with the worker in one of the following circumstances:
     • Signed a new employment contract with a new employer that aligns with the characteristics of their work authorization, and is registered with social security at the time of renewal.
     • A new contract that meets the requirements set out in article 64, with a start date conditional on the renewal grant.
     • The employment relationship that led to the authorization’s grant was interrupted for reasons beyond the worker’s control, and the worker has actively sought employment, registered with the competent Public Employment Service as a job seeker.

Documentation for Renewing Residence for Employees

• Application Form: Official form (EX–03) in duplicate, duly completed and signed by the worker.
• Passport Copy: Complete copy of the valid passport or travel document.
• Schooling Report: If responsible for minors of compulsory school age, a report issued by competent authorities or the educational institution.
• Integration Report: Optional report from the Autonomous Community of residence, indicating participation in training activities and knowledge of official languages.
• Employment Documentation: Depending on the renewal basis:
  • Continuation of employment: No additional documents needed.
  • New employment contract and social security registration: No additional documents needed.
  • New employment contract ensuring labor activity: Copy of the new employment contract.
  • Evidence that the employment relationship ended for reasons beyond the worker’s control, and active job search.
  • Social security benefits if applicable: Proof of the concession of contributory benefits.
  • Social or labor integration benefits: Proof of concessional assistance.
  • Victims of gender-based violence: Documentation proving the suspension or termination of employment due to gender-based violence, such as a protection order or report from the Public Prosecutor’s Office.

Where to Submit the Renewal Application

• Eligible Submitter: The worker personally or through representation.
• Submission Location: Any public registry directed to the corresponding Immigration Office of the province of residence. Detailed information can be found at the Ministry of Territorial Policy and Public Function website.

Application Timeline

• Submission Period: Within 60 natural days before the expiration of the authorization. Applications can also be submitted within 90 days after the authorization expires, although a sanctioning procedure may be initiated.
• Validity Extension: Submitting the application on time extends the validity of the previous authorization until the resolution of the procedure.

Fees for Residence and Work Authorization

• Fee Payment: Fees are due upon acceptance of the application and must be paid within ten business days:
  • Model 790 code 052, item 2.2 for the renewal of temporary residence authorization, paid by the worker.
  • Model 790 code 062, item 2.1 for the renewal or modification of a work authorization processed in a temporary residence and work authorization procedure, paid by the employer.

Resolution Period

The application resolution period is three months from the day after the submission date. If no notification is made within this period, the application may be considered approved by administrative silence. The competent authority will issue a certificate upon request.

Validity of Renewal

The renewal of the temporary residence and work authorization is valid for four years. It allows for the exercise of any occupation anywhere in the national territory.

Requesting the Foreigners Identity Card (TIE)

Within one month of notification of the renewal, the worker must personally apply for the Foreigners Identity Card at the Immigration Office or Police Station in the province where the authorization was processed. The applicant must present their passport or travel document and provide the following:

1. Application Form: Official form (EX 17).
2. Fee Payment Receipt: Proof of payment for the card.
3. Photographs: Three recent color photographs with a white background, passport size.