
Student residence modification: actividad de empleado/a del hogar
Many who are just going or have already received a student residence permit, sooner or later ask
themselves whether it is possible to modify this type, because during its operation you can only work
part-time, and besides, the student residence does not count towards the years required to obtain
citizenship ...
Well, if your plans for the future have changed, and now they are closely associated with Spain, then it
is important to know exactly how you can take care of empowering yourself in the country of your dreams
So, according to the Law, the holders of the student card have the right to modify it after three years to
a residence with the right to work under a contract for a company, an individual (cuenta ajena), for
oneself (cuenta propia), or without the right to work (no lucrativa) ...
In this material, we will tell you what steps you need to take in order 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 you know, it is very difficult to get a job in a Spanish company for someone who does not yet have
a work permit and work experience. Most companies, small or large, simply don't want to get involved
with this procedure.
As for working for an individual, the package of documents is minimal, the procedure is well-established
and familiar, since many foreign workers work in Spain specifically in the field of home services.
Thus, a person who has LEGALLY stayed in Spain for three years on the basis of estancia por
estudios has the right to modify it into a full-fledged residence permit with the right to work. DO NOT
confuse this with the residence permit "busqueda de empleo", which is also designed for students and a
residence for "settledness" with which you also need to stay in Spain for three years
Now we will talk about the modification of a residence permit based on trabajo por cuenta ajena, where a
person acts as the employer, and the work involves the performance of servicios domésticos, that is,
helping around the house, looking after children, taking care of the property and garden, etc.
The most important thing is the DEADLINE when you need to apply for MODIFICATION - be sure at
the time of legal stay in Spain, that is, during the validity of the card, but no earlier than 90 days before
the three-year stay and / or the expiration of the student card.
Otherwise, standard documents are required from the applicant:
passport
NIE card
documents confirming the student's qualifications (as a rule, when working for an individual person is not required, unless we are talking about a driver, where Spanish driving license is required)
documents on the successful completion of the training program
registration
Confirmation that the student did not receive scholarships from either his country of citizenship or from Spain.
As well as a number of documents from the employer:
Precontract
Financial evidence of his ability to hire an employee
It is important not to have a criminal record. Because, unfortunately, even with a canceled conviction, or if the case is pending, the chances are zero. !! However, in the next publications, we will share with you a legal "loophole", thanks to which the presence of an extinguished criminal record will not prevent you from obtaining a residence permit in Spain.
And, finally, a nice note - an application for a 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:
It is necessary to sign a contract with you for a period of 1 year with an indication of the salary plan no
lower than the minimum established by the legislation.
Specify the details, since in this case the form of the contract is of fundamental importance. Your
employer must demonstrate that it has sufficient financial resources, not only for the expenses of their
own and their family members, but also to ensure that the employee is paid at least for 1 year.
It can be:
Personal Income Tax Declarations (Declaración del IRPF) If the employer is a foreigner, then
Documents confirming the source of income abroad will do showing 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.
The processing of the application takes an average of 3 months, then it takes another month for the
production of the card at the local police station, which deals with the affairs of foreigners.