+34 91 127 09 20 info@sternaabogados.com

Modification: Régimen General to Cuenta Ajena

What are the requirements to régimen general to cuenta ajena?

  • Lack a criminal record in Spain (and in the countries where he lived in recent years).
  • Not be prohibited from entering Spain.
  • Be registered in the corresponding Social Security Scheme as a worker or meet the following requirements:
    • Submit a contract signed by the employer and worker that guarantees the worker an ongoing activity during the period of validity of the authorization to reside and work.
    • The date must be conditional on the effective date of the residence and work authorization.
    • The conditions set in the employment contract must be adjusted to those established by current regulations.
    • If the contract is part-time, the remuneration must be equal to or greater than the minimum interprofessional minimum salary for full-time and annual calculation.
    • The employer must be enrolled in the Social Security system regime and be aware of compliance with their tax obligations and against Social Security.
    • Possess the training and, where appropriate, the professional qualification legally required for the exercise of the profession.
    • The employer must have sufficient economic, material or personal means for its business project and to meet the obligations assumed in the contract with the worker.

If the employer is a natural person, he must prove, once the payment of the agreed salary has been deducted, 100% of the IPREM if there are no dependents.

If the family unit includes two members, 200%. If the family unit includes more than two people, 50% of the IPREM must be added to the previous amount for each additional member.

What documentation must I provide to be able to make the modification?

  • Application form in official form (EX – 03) in duplicate, duly completed and signed by the foreigner.
  • Copy of the complete passport or travel document or registration card in force abroad.
  • Criminal record certificate issued by the Authorities of the country or countries in which you resided during the last five years prior to your entry into Spain.
  • In the event that they are not registered in the corresponding Social Security scheme as an employed person, they must contribute:

Documentation that identifies the company:

  • If it is an individual entrepreneur: copy of the NIF or NIE, or consent to verify identity data through the Identity and Residence Data Verification System.
  • If it is a legal person (S.A, S.L., Cooperativa, etc.):
    • Copy of the NIF of the company and copy of the deed of incorporation duly registered in the corresponding Registry.
    • Copy of the public document proving that the signatory of the contract has the legal representation of the company.
    • Copy of the NIF or NIE or consent to verify identity data through the Identity and Residence Data Verification System or NIE of the signatory of the contract.
  • Signed work contract.
  • Proof that the company can guarantee the economic solvency, material or personal, through: copy of the tax return, or VAT, or the Corporate Tax or the report of the company's working life (VILE), referred to the last three years. Likewise, a descriptive report of the occupation to be carried out must be provided.

EMINDER: The documents you submit must be properly translated into Spanish and legalized correctly.

What is the procedure?

The foreigner personally is the subject who must submit the application at the immigration office of the province in which he is residing (or where his domicile is fixed). The presentation must be made within 3 months of the notification of the nullity, divorce or cancellation of your registration.

Are there any fees / tasas?

They will accrue at the time of admission to the application process and must be paid within 10 business days. The rates are as follows:

  • Model 790, Code 052 section 2.1 “initial authorization of temporary residence”
  • Model 790 code 062, to be paid by the employer:
    • Compensation less than 2 times the SMI .: section 1.1 on behalf of others with residence authorization
    • Compensation equal to or greater than 2 times the SMI .: section 1.6 on behalf of others with residence authorization The forms for the payment of the fees can be downloaded from the page: Internet portal of the Secretary of State for Public Administration.

How long will it take?

The term of the resolution is 3 months from the day following the date on which it has entered the registry. If the period of 3 months elapses and the Administration has not made a notification, it will be understood that the request has been denied (rejected), due to administrative silence.

IMPORTANT: The modification to a third party or own account are the most common, however, if none of these options is for you, you could also:

  • Modification of community regime to non-profit residence.
  • Modification of community regime to residence with the exception of work authorization.
  • Modification of community regime to residence and work for research.
  • Modification of community regime to residence and work of highly qualified professionals.

If you have any further questions please call us at +34 911 270 920 and we will be happy to help.