Publicado: 20-01-2025

Opportunity After Job Loss: Residence and Work Authorization Modification in Spain

The loss of employment can be a challenging experience, particularly for those residing in Spain under a work authorization as highly skilled professionals. In such cases, staying in the country to pursue new career opportunities might seem complicated. However, a recent judicial ruling has opened the door for this group to modify their administrative status without needing an active employment contract, offering a valuable opportunity to continue their professional development in Spain.

Can a Highly Skilled Professional Apply for a Modification to an Initial Residence and Work Authorization Without a New Employment Contract?

The answer is yes! Recent judicial decisions have confirmed that, under certain conditions, highly skilled professionals can modify their residence and work status in Spain, even without an active employment contract. This development in legal interpretation provides new possibilities for individuals seeking stability in their residency after losing their job.

What Are the Requirements?

1. Social Security Contributions: The worker must have contributed to Social Security for the minimum time required under the applicable regulations.
2. Cause of Employment Termination: The dismissal or termination of the employment relationship must have been due to circumstances beyond the worker’s control.
3. Job-Seeking Status: It is essential to be registered as a job seeker with the SEPE (Spanish Public Employment Service) and to be receiving a contributory unemployment benefit.
4. Prolonged Legal Residence: The individual must have legally resided in Spain for over one year, demonstrating integration and stability in the country.

What Does the Jurisprudence Say?

A ruling issued by the Administrative Court No. 12 of Barcelona on January 10, 2025, reaffirmed that such applications are permissible under Article 202 of the Immigration Regulations. This provision allows foreign nationals with prior residence authorization, such as under Law 14/2013, to request a modification to a general regime residence and work authorization without requiring an active employment contract, provided the stipulated conditions are met.

The court noted that the initial administrative rejection was based on an incorrect interpretation of the applicable legal norms. It further recognized that prohibiting these modifications could lead to discriminatory outcomes, violating the principle of equality enshrined in Article 14 of the Spanish Constitution.

What Does This Mean for Affected Workers?

This judicial ruling safeguards the rights of highly skilled professionals, ensuring they can remain in Spain and seek new employment opportunities without falling into irregular status. Additionally, it prevents legal uncertainty and reinforces the regulatory framework to maintain administrative continuity.

What Steps Should You Take If You Are in This Situation?

If you find yourself in this position, it is crucial to:

• Register as a job seeker with the SEPE immediately.
• Apply for a contributory unemployment benefit if you meet the requirements.
• Seek advice from a specialized law firm, such as Gentile Law, to ensure your case is properly evaluated and your application is submitted correctly.

At Gentile Law, we have a team of highly qualified professionals specializing in Spanish Immigration Law, providing expert guidance for obtaining all types of visas in Spain and facilitating their modifications, ensuring a secure, efficient, and streamlined process.

 

Pablo Lanfranchi
pablolanfranchi@gentile.law
+34 604 51 60 52

---