Residence and work-for-hire’s communal regulation’s change

residence vitoria
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.

  In which cases can these transformation happen?

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?

By clicking in this link.

Ask without any dilemmas the cost of the advice and processing of your procedure according to our private criteria here.

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