Modification of EU family member to Cuenta Ajena

What are the requirements for changing from an EU family member to Cuenta Ajena?

  • Not having a criminal record in Spain (and in the countries where you have lived in recent years).
  • Not being prohibited from entering Spain.
  • Being registered in the corresponding Social Security regime as an employed worker or meeting the following requirements:
  • Present a contract signed by the employer and worker that guarantees the worker continuous activity for the duration of the authorization to reside and work. The date should be conditioned on the effectiveness of the authorization for residence and employment.
  • The conditions set in the employment contract must comply with the regulations in force. If the contract is part-time, the remuneration must be equal to or higher than the minimum wage for full-time work on an annual basis.
  • The employer must be registered in the Social Security system and be up to date with their tax and Social Security obligations.
  • Possess the training and, where applicable, the professional qualification legally required for the profession.
  • The employer must have sufficient economic, material, or personal resources for their business project and to meet the obligations assumed in the contract with the worker.

If the employer is an individual, they must prove, after deducting the agreed salary, 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, an additional 50% of the IPREM must be added for each additional member.

What documentation must I provide to make the change to employed worker status?

  • Application form in the official model (EX–03) in duplicate, duly completed and signed by the foreigner. The form can be obtained at http://extranjeros.empleo.gob.es/es/ModelosSolicitudes/Mod_solicitudes2/index.html
  • Copy of the complete passport or travel document or valid foreigner’s registration card.
  • Criminal record certificate issued by the authorities of the country or countries where you have lived during the last five years before entering Spain.
  • If you are not registered in the corresponding Social Security regime as an employed worker, you must provide:
  • Documentation identifying 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 entity (S.A, S.L., Cooperative, etc.):
  • Copy of the company’s NIF and copy of the incorporation deed duly registered in the corresponding Registry.
  • Copy of the public document accrediting that the signatory of the contract holds 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 contract signatory.
  • Signed employment contract.
  • Proof that the company can guarantee economic, material, or personal solvency, through: copy of the IRPF, VAT, Corporate Tax return, or the company’s work life report (VILE), referring to the last three years. Also, a descriptive report of the occupation to be carried out must be provided.

REMINDER: The documents you submit must be duly translated into Spanish and correctly legalized.

What is the procedure?

The foreigner personally must submit the application at the immigration office of the province where they are residing (or where they have established their domicile).

The application must be submitted within 3 months following the notification of the annulment, divorce, or cancellation of your registration.

Is there a fee to pay?

Fees will be incurred at the time of the application’s admission and must be paid within 10 business days. The fees are as follows:

  • Model 790, Code 052 section 2.1 “initial authorization for temporary residence”:
  • Model 790 code 062, to be paid by the employer:
    • Remuneration less than 2 times the SMI: section 1.1 for employed work with residence authorization.
    • Remuneration equal to or greater than 2 times the SMI: section 1.6 for employed work with residence authorization.

The forms for paying the fees can be downloaded from the website: portal of the State Secretariat for Public Function.

How long will it take?

The resolution period is 3 months from the day after the date of entry into the registry.

If 3 months have passed and the Administration has not made a notification, it can be understood that the application has been denied (dismissed) due to administrative silence.

IMPORTANT:

The change to employed or self-employed status are the most common, however, if neither of these options is for you, you could also:

  • Change from the community regime to non-profit residence.
  • Change from the community regime to residence with an exemption from the work authorization.
  • Change from the community regime to residence and work for research.
  • Change from the community regime to residence and work for highly qualified professionals.