Updates in Spanish Visa Laws: How to Change Your Student Visa to a Work Visa

Are you a student on a teacher development course in Spain, contemplating the transition from a student visa to a work visa? Congratulations on taking the next step in your journey! In this blog post, we'll walk you through the process, requirements, and options for switching your visa status, whether you plan to work for an employer (Cuenta Ajena) or become self-employed (Cuenta Propia).

Cuenta Ajena (Working for an Employer)

Documents Required:

• Modelo EX-03, completed by the company.
• A copy of your passport.
• A certificate of completion and passing your studies (certificado de aprovechamiento) from your school.
• Copies of relevant qualifications for your profession (e.g., Trinity CertTESOL certificate or teaching qualifications).
• A criminal background check from your previous five years of residence before arriving in Spain.
• If hired by an individual: a copy of their NIF/NIE and consent for the government to check their personal details.
• If hired by a company: a copy of the company’s NIF, articles of incorporation (escritura), deeds of ownership (acta de titularidad real), NIF or NIE of the owner, a signed work contract (see FAQs for contract type), and the company’s tax returns to demonstrate solvency.

Procedure:

• Submit all required documents at the oficina de extranjería.
• Submit documents 60 days before or 90 days after your student visa expires.
• Pay Modelo 790 código 052, epígrafe 2.1 (€10.94 fee).
• The company must pay Modelo 790 código 062, epígrafe 1.1 (€203.84 fee).
• Once approved, your employer has one month to register you in social security, or your visa will be canceled.
• After registering in social security, you have one month to request your new TIE (residency card).

FAQs:

• Visa duration: The visa is tied to your work contract, ideally indefinite, with a minimum of 12 months.
• Contract type: The contract should be for a minimum of one year, effectively 'indefinido.'
• Job loss or contract end: You can renew with another company if you lose your job for reasons beyond your control (e.g., not being fired).

Cuenta Propia (Self-Employed)

Documents Required:

• Completed Modelo EX-07.
• A copy of your passport.
• A certificate of completion and passing your studies (certificado de aprovechamiento) from your school.
• Copies of relevant qualifications for your profession (e.g., Trinity CertTESOL certificate or teaching qualifications).
• A criminal background check from your previous five years of residence before arriving in Spain.
• Business plan and documents demonstrating financial capacity to establish a business.

Business Plan:

• Clearly define your company's activities and include realistic financial projections.
• Avoid making unrealistic claims to impress the government; honesty is key.
• Note that if you intend to open a physical language academy, you must apply for and pay for the required licenses for refurbishing, opening, and operating the venue.

Procedure:

• Submit all required documents at the oficina de extranjería.
• Submit documents 60 days before or 90 days after your student visa expires.
• Pay Modelo 790 código 052, epígrafe 2.1 (€10.94 fee).
• Pay Modelo 790 código 062, epígrafe 1.5 (€203.84 fee).
• After approval, you have one month to register in social security and request your new TIE (residency card).

Conclusions

Navigating Spanish bureaucracy can be challenging, so we recommend enlisting the services of a lawyer for visa modifications. A professional can help you avoid costly delays and rejections. We recommend Dario Cerisole from Illay Legal, whose services are priced at approximately €600 for the modification.

Alternatives

If you find the work visa process daunting or struggle to secure an employer offering a permanent contract, you can explore the option of renewing your student visa with TEFL Iberia at the discounted rate of €900. We understand that English teachers often have tight budgets, and this alternative can provide you with more flexibility.

If you'd like to discuss your situation further and make an informed decision about renewing your visa, please don't hesitate to reach out to our coordination team at coordination@tefl-iberia.com. We're here to assist you in your journey to live and work in Spain!

You can also complete our application form here.