Most of those who are just going to or have already received a student residence permit, sooner or later ask whether this type can be modified, because during its operation you can only work part-time, and besides, the student residence does not completely (only half) count the years necessary for obtaining Spanish citizenship.

Under the Law, holders of a student’s card have the right to modify it after three years for a residence with the right to work under a contract for a company (cuenta ajena), for themselves (cuenta propia), or without the right to work (no lucrativa).

In this article we will tell you what steps you need to take to modify a student card for a residence with the right to work under a contract with an individual, that is, on the basis of “actividad de empleado / a del hogar”.

Why are we considering this particular option?

As practice shows, getting a job in a Spanish company to someone who does not yet have a work permit and work experience is very difficult. Most companies, small or large, simply do not want to mess with this procedure.

As for work for an individual, the package of documents is minimal, the procedure is well-established and familiar, since many foreigners work in Spain specifically in the field of home services.

Thus, a person who has stayed in Spain LEGALLY for three years on the basis of estancia por estudios has the right to modify it to a full-fledged residence permit with the right to work.

DO NOT CONFUSE with the residence permit “busqueda de empleo”, which is also designed for students (graduates) and a residence based on “residency”, with which you also have to stay in Spain for three years.

Now we will talk about the modification of residence permits on the basis of trabajo por cuenta ajena, where the employer is the physical person, and the work involves servicios domésticos, that is, domestic help, childcare, caring for the territory and the garden, etc.

The most important is the DATE when you need to apply for MODIFICATION – it is mandatory at the time of legal stay in Spain, that is, during the validity period of the card, but not earlier than 90 days before the expiration of the three-year stay and / or expiration of the student card.

For the rest, the applicant is required to have standard documents:

– passport

– NIE card

– documents confirming the student’s qualifications (as a rule, when working for an individual, it is not required, unless it is a driver, where Spanish rights are required)

– documents about successful completion of the curriculum

– registration

– confirmation that the student did not receive scholarships either from his country of citizenship or from Spain

As well as a number of documents from the employer:

– Pre-contract

– Financial evidence of his ability to hire an employee

It is important not to have a criminal record. Since, unfortunately, even with a cleared criminal record, or if the case is pending, the chances are zero. However, in the upcoming publications we will share with you a legal “loophole” due to which the presence of a canceled criminal record will not interfere with obtaining a residence permit in Spain.

And finally, a pleasant moment – an application for modification submitted on time automatically extends the validity of the current card, even if it expires before a positive decision on the modification is received.

EMPLOYER READY

So, you have a potential employer, an individual who is ready to conclude a pre-contract with you, the action plan is as follows: You must sign a contract for a period of 1 year with an indication of a minimum wage set by the Legislation. Specify details, since in this case the form of the contract is of fundamental importance.

Your employer must demonstrate the availability of financial resources sufficient not only for the expenses of his and his family members, but also ensure that at least the employee’s work is paid for 1 year.

It can be:

– Declarations of personal income tax (Declaración del IRPF)

– If the employer is a foreigner, then they will do it

– Documents confirming the source of income abroad

– Availability of sufficient funds in the account

In addition, the employer will be required to

– DNI / NIE

– Joint registration (padrón familiar) of the employer at the address where the applicant will work.

Consideration of the application takes an average of 3 months, then it takes another 1 month to produce a card at the local police station, which deals with the affairs of foreigners.

Modification of student residence permit for residence permit with the right to work at home is not the only option, so stay tuned for our updates. And very soon you will learn how to modify a student’s residence card with the right to work under a company contract and how Autónomo.