The Seventh Additional Provision of Law 13/2014 of September 27, on support for entrepreneurs and their internationalization, regulates the conditions and manner of maintaining visa and/or residence permit requirements for foreign professionals who telework from Spain. In this article, we will develop step by step the critical scenarios that may affect your residence when you change companies or modify your work modality.
Fundamental difference
A common mistake is to assume that any job change can be managed as an automatic renewal. However, the law distinguishes between:
Renovation:
It is a matter of continuity. It applies when:
- You maintain the same contract with the same foreign company.
- The corporate structure remains unchanged.
- Social Security coverage remains the same.
In these cases, the Spanish authorities assess the consistency of your situation and usually grant renewal without any problems.
Initial application:
It is considered necessary when:
- You change foreign employers.
- You change the type of contract: employment or professional
- You modify the company within an international corporate group.
- Change the country of Social Security contributions.
Even if your residence card is still valid, if your current situation does not match the original, a new authorization is required. Ignoring this can leave you in a critical situation without realizing it.
Social Security Coverage: The Critical Point
To maintain residency, you must prove valid social security in Spain, and there are two main ways to do this:
A) Certificate of displacement
Allows you to maintain your insurance coverage in your country of origin if you are temporarily displaced. However,
- Does not cover permanent teleworking from Spain (usually valid for a maximum of 5 years, in applications for 2 years).
- It may be rejected if there is no actual displacement.
- It has an expiration date that may differ from your residence permit.
B) Registration with RETA
It involves registering as a self-employed worker in Spain. But it has its risks:
- It affects double taxation agreements and tax obligations.
- If your initial authorization was as an employee, switching to self-employment without reformulating it may invalidate it.
Before changing your status, check the coverage and duration of your Certificate of Coverage, or assess whether your RETA registration meets the requirements of your authorization. Consistency is key.
Change company
For digital nomads with complex structures, changing companies can be critical. Even if you belong to the same group, if the employing entity changes, new authorization may be required. The administration analyzes:
- Who really pays your salary.
- Where your employment relationship is established.
- Where you work and what your work arrangement is.
- What economic activity do you engage in?
Practical recommendations
Before any job or structural changes:
- Analyze the immigration and employment situation step by step.
- Check the validity and duration of the A1 if you are using it.
- Assess the need for registration with RETA.
- Check tax consistency with the Spanish Tax Agency (AEAT).
- Determine whether your change requires a new initial application rather than a renewal.
Anticipating each job transition is key to protecting your residency and avoiding unnecessary risks.
At Molinares Abogados, we specialize in international mobility and digital nomads, with in-depth knowledge of the particularities that govern this type of application.
🔹 Comprehensive advice: We guide you through every step of the process, ensuring that all documentation is correctly submitted.
🔹 Fast and effective management.: We optimize times and avoid errors that may delay the resolution of your application.
🔹 Experience and commitmentWe have a highly trained team to ensure the success of your process.
If you need to carry out this procedure and want to ensure that everything is handled correctly and smoothly, contact Molinares Abogados .
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