TO RESIDENCE AND EMPLOYMENT STATUS DUE TO ANNULMENT OF THE MARRIAGE, DIVORCE OR CANCELLATION OF THE REGISTRATION AS A REGISTERED PARTNER
The authorization of residence and work as an employee may be obtained by a foreigner who has ceased to be the holder of a residence card of a family member of a citizen of the Union due to annulment of the marriage, divorce or cancellation of the registration as a registered partner.
The following family card holders cease to be citizens of the Union and, therefore, must apply for the modification of their authorization:
- Ascendants and descendants of the Union citizen's former spouse or partner.
- Ex-spouses or ex-partners who are unable to maintain the right of residence in their personal capacity under the Union citizen regime, because they cannot prove it:
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- That the marriage or registered partnership situation has lasted at least three years, until the beginning of the judicial proceeding of annulment, divorce or cancellation of the registration, of which at least one has been spent in Spain.
- Have custody of the Union citizen's children.
- Having been a victim of domestic violence.
- Having been subjected to human trafficking by a spouse or partner.
- Proof of the existence of a judicial resolution or mutual agreement on the right of access to the minor child residing in Spain.
Requirements:
- No criminal record in Spain and in their previous countries of residence.
- Not to be banned from entering Spain and not to be refused entry in Schengen countries.
- Be registered in the corresponding Social Security Regime as an employee or meet the following requirements:
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- Present a contract signed by the employer and worker that guarantees the worker a continuous activity during the period of validity of the authorization to reside and work.
- If the contract is part-time, the remuneration must be equal to or higher than the minimum interprofessional salary for a full day and on an annual basis.
- The employer must be registered in the Social Security system and be up to date with its tax and Social Security obligations.
- Possess the training and, if applicable, the professional qualification legally required for the exercise of the profession.
- The employer must have sufficient economic, material or personal means for its business project and to meet the obligations assumed in the contract with the worker. If the employer is an individual, after deducting the payment of 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 persons, 50% of the IPREM for each additional member must be added to the above amount.
