Residence and work-for-hire’s communal regulation’s change
Immigration rights are today a
matter of first relevance for the Law. The flow of migrants help to revitalize
a Nation’s economy and, therefore, its regulation must incorporate enough
guaranties to the migratory citizen; and, also, it must be effective for the
maintenance of that Nation’s statu quo.
Even
if migratory regulations could, to some extent, seem too exigent, it must be
remembered that good aptitudes and a diligent exercise of migratory
citizens’ rights and obligations often help to prevent many further problems
with the administration.
In
the following paragraphs, a very usual phenomena of the Spanish Law will be
explained; i.e. the transformation of a EU’s citizen’s relative legal
residence’s communal regulation into the general-residence and work-for-hire’s
communal regulation.
Nowadays, it is more than
usual to obtain a legal residence in Spain through the card of EU’s citizen’s relative. The problem comes when the
relationship with that relative finishes. This is, for instance, the case of a
divorce or the case of a rupture of the common-law partner bond. In these
cases, the first thing to evaluate is the time that has passed since the legal
bond was created up to its rupture.
According to the article 9.4
of the Spanish Royal Decree 240/2007, with date 16th of February,
about the entrance, free circulation, and residence in Spain of the members of
those states appertaining to the EU and those which are part of the European
Economic Space agreement, it should be legal that:
“In the event of a legal rupture
of the marriage, a divorce, or a cancelation of the common-law partner bond, a
citizen who appertains to the EU or to any of those states which are part of
the European Economic Space agreement is obliged to communicate the situation
to the legal authority. To maintain, then on, the right of residence one of the
following cases must occur:
a) His/her marriage or common-law
partnership must have lasted for at least three years up to the date of the
start of the legal process of rupture. Also, at
least one of those years must have
occurred in Spain.
… … ….”
This is, to maintain a legal
permission of residence in Spain through the card of EU’s
citizen’s relative, it is necessary to credit that the union with that
person has lasted for at least three
years, and that at least one of those has happened in Spain.
Has this situation not
happened, it would be necessary to legally change the residential regulation in
Spain so as to assure the legal residence in this country.
What happens if once my union has ended I don’t notice
it to the authority? Or if I don’t modify my residential regulation? Why is it
better indeed to modify it?
Sure enough, in the event of
the no-modification of your regulation you would be subsumed into a fraudulent
situation that can cause you serious legal problems such as administrative
sanctions and, eventually, the loss of the legal residence.
In any case, even if you do
not notify your new situation to the administration, no legal action would
start in this moment to the effects of getting the nationality in the future. But it would not be possible,
either, to renovate the legal residence once this has finished.
What is the Residence
and work-for-hire’s communal
regulation?
Mainly, it has to do with a legal
regulation that does not evaluate your relationship to any relative. Only your
working situation is evaluated.
What is necessary to obtain the transformation of my
regulation?
For those peoples who do not
have criminal records and/or former bans in the entrance to Spain, it is
important, obviously, to be registered in the correspondent Sanitary Insurance
Regulation as a worker-for-hire and/or present the correspondent data to
verify that, in fact, you are a worker-for-hire.
In short, in order to modify
your regulation through the card of EU’s citizen’s relative into one as a
worker-for-hire you need a work contract.
How long should this contract be for?
Even if the Law is not very
clear at this respect, we understand that we are talking about the time lapses
that regulate the “initial temporal residence and work-for-hire’s
authorization”.
Being
things like that, you must present a legal contract, signed by your employer
and by yourself, that guaranties that you would be working during the period
you will be residing in the country protected by that initial authorization of
temporal residence and work-for-hire.
And, according to the article
63.5 of the Spanish Royal Decree 577/2011, with date 20th April, by
which the Regulation of the Organic Law 4/2000 about rights, freedom, and
social integration of the migrants in Spain is approved, and after its
modification by the Organic Law 2/2009, “[…] the initial authorization of temporal residence and work-for-hire would
have a time lapse of one year […]”.
Therefore, we understand that you
must have a one-year contract.
Where can I find further information about the requirements
and the processes I have to follow?
Ask without any dilemmas the cost of the advice and
processing of your procedure according to our private criteria here.
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