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Procedure · Modificación de las situaciones de las personas extranjeras en España

Changing from one Spanish permit to another (modificación de situación)

How to move from a student stay, or from a residence permit that does not allow work, to a work permit — without a visa, without leaving Spain, and without the labour-market test.

Checked at source ·

Official fee
Processing fee for the permit being applied for. Where a student moves to an employed work permit, the employer pays it
Official name
Modificación de las situaciones de las personas extranjeras en España
Forms
Steps
12
Documents required
6

Source: Boletín Oficial del EstadoReal Decreto 1155/2024, por el que se aprueba el Reglamento de la Ley Orgánica 4/2000 (texto consolidado). Checked .

Every immigration fee, with the official Spanish wording

Who needs one

Students finishing their studies in Spain, and holders of a Spanish residence permit who want to move to a different permit that allows work.

Step by step

  1. From student to work: no visa, no trip home

    A student holding a long-stay study authorisation may move to residence and work, employed or self-employed, or to residence exempt from a work permit, without applying for a visa. There are two conditions attached to the person rather than the job: you must have obtained the qualification or certificate for the studies you came to do, and you must not have been on a scholarship or grant from a public or private body under a Spanish or home-country development or humanitarian programme. Specialised health training in Spain is covered by the same route.

  2. The labour-market test does not apply to you

    For an employed permit you must meet the requirements of article 74 — contract, collective-agreement terms, employer solvency, qualification, no criminal record — with one exception: the national employment situation. Your job does not have to be in the Catalogue of Hard-to-Fill Occupations and your employer does not have to advertise the vacancy through the employment service. That single exception is what makes this route worth using, and it is the part most often missed.

  3. Either of you can file it, but the employer pays

    The application may be presented by the employer or by the holder of the student authorisation. In every case the employer bears the processing fee. For a self-employed permit you meet the requirements of article 84 instead; for residence exempt from a work permit, those of article 89.2.

  4. Mind the window: two months before, three months after

    You may apply in the two months before, or the three months after, either the expiry of the student authorisation or the date you obtained your qualification. Filing inside that window extends the validity of the old authorisation until the decision is notified. This window was widened by Royal Decree 316/2026, in force from 16 April 2026 — anything published earlier describes a narrower one.

  5. Once it is admitted, you may work full time

    From admission until the decision, your study authorisation becomes a provisional residence and work authorisation — employed, self-employed, or exempt, matching what you applied for. The admission decision itself has to state this, with express mention of the authorisation to work full time. If the application is refused, the provisional authorisation simply lapses; no further administrative act is needed.

  6. Your family in Spain can move with you

    You may at the same time apply for residence for family members who are in Spain on a stay authorisation and living with you when you apply, provided you can show sufficient income and adequate housing. What they get is family reunification residence, and its validity is tied to yours.

  7. What the new permit is worth

    It runs for one year, but its effects are those of a renewed permit of that type rather than an initial one — which matters, because renewed permits are not tied to one occupation or one region. It takes effect on your registration with Social Security, and you have one month from then to apply in person for the TIE.

  8. Graduates at EQF level 6 or above have a second option

    Anyone who has completed studies at a higher-education institution reaching at least level 6 of the European Qualifications Framework may instead apply for the student residence permit to look for work or to start a business, under the seventeenth additional provision of Ley 14/2013. That is a different route with its own rules, and it does not require a job offer.

  9. From a residence permit to a work permit: how long you have been here decides

    If you hold temporary residence, you can move to residence and work with no visa, and the terms depend entirely on how long you have been resident. Under a year: you must meet every requirement of article 74, and the permit lasts one year and counts as an initial permit. A year or more, where your existing permit already allowed work: you meet the renewal requirements instead, and the new permit runs four years. A year or more, where it did not allow work: article 74 applies minus the labour-market test, the permit runs one year, and you must register with Social Security within a month of being notified.

  10. Some permits cannot be converted at all

    You cannot apply for this change from a cross-border worker permit, from certain exceptional-circumstances residence permits, or from family reunification residence, which has its own rules. Holders of an EU family member residence card, or of residence as the family member of a Spanish national, who have ceased to hold that status can move to non-lucrative residence, to residence and work employed or self-employed, or to residence exempt from a work permit, for a period matching the document they held — again with no visa.

  11. Changing the scope of a permit you already hold

    During the first year of an initial work permit you may ask to change its occupation, sector of activity or territorial limit. The competent body is the one for the place where the new job or activity will start. For an employed permit the labour-market test is taken into account here. The decision is due within one month, and if it does not arrive the change is deemed granted.

  12. Moving from employed to self-employed

    Holders of an employed work permit may move to a self-employed one by applying for it. Note what this does not do: the new permit does not extend the validity of the one it replaces. You keep the expiry date you already had.

Documents you need

  • The qualification or certificate for your studies

    For the student route this is the requirement that opens it. Without the title or certificate awarded, the route is not available.

  • Employment contract on the official model

    Meeting article 74 — collective-agreement terms, continuous activity, start conditional on the permit taking effect.

  • Employer's documentation

    Tax identification, proof of representation for a company, and proof of the means to meet the contract. No employment-service certificate is needed: the labour-market test does not apply.

  • For a self-employed change: the article 84 file

    Activity requirements, qualification or proven experience, and proof that the planned investment is sufficient for the project.

  • Proof of the date of expiry or of the award

    The filing window runs from whichever of the two applies, so the date has to be documented.

  • For family members: income and housing

    Sufficient economic means and adequate accommodation, plus proof they are living with you at the time of the application.

Common questions

Can I change from a student visa to a work permit in Spain?

Yes, without a visa and without leaving Spain, once you have obtained the qualification for the studies you came to do. You must not have held a scholarship under a Spanish or home-country development-cooperation or humanitarian programme, which is the one disqualifier people are rarely told about.

Does my job have to be on the shortage occupation list?

No. The national employment situation is expressly excluded for this change. Your employer does not have to advertise the vacancy or obtain a certificate from the employment service — which is the main advantage of converting from inside Spain rather than applying from abroad.

Can I work while the change is being decided?

Yes. From the moment the application is admitted, your student authorisation becomes a provisional residence and work authorisation, and the admission decision must state expressly that it authorises full-time work. If the application is later refused, that provisional authorisation lapses automatically.

How long do I have to apply?

Two months before, or three months after, either the expiry of your student authorisation or the date you obtained your qualification. Filing inside that window keeps the old authorisation alive until you are notified of the decision. The window was widened by Royal Decree 316/2026, in force since 16 April 2026.

Who pays the fee?

The employer, where a student moves to an employed work permit. The application itself may be filed by either the employer or the student.

How long will the new permit last?

One year from the student route, but with the effects of a renewed permit rather than an initial one. Converting from a residence permit you have held for at least a year, where that permit already allowed work, gets you four years.

Can I switch from a family reunification permit?

Not through this procedure — reunification residence is governed by its own rules. Cross-border worker permits and certain exceptional-circumstances permits are also excluded.

Can I change my permit's occupation or region?

During the first year of an initial work permit, yes, on request to the body for the place where the new activity will start. The labour-market test applies to an employed permit here. The decision is due in one month, and silence means granted.

Sources

Every fact on this page comes from one of these. We do not cite other guides, because a copy gives us no way to notice when the original changes.

This is information, not advice

Your own case depends on your nationality, your current status and your history with the administration — none of which a web page can see. Confirm anything that matters with the responsible authority or a qualified professional before you act on it.